FOREST, FISH AXD GAME COMMISSIONER. 109 



sist of chestnut, oak, basswood and elm. The most of the white ash and 

 hickory, because of their greater value, was removed years ago. Nut bear- 

 ing trees may still be seen in isolated positions on the farms, but these are 

 not included in the estimates of forest or woodland. Prior to 1875, or there- 

 abouts, there was a large quantity of whitewood or yellow poplar (tulip tree) 

 in the woodlands of south-western New York noticeably in Chautauqua 

 county; but owing to the demand for this highly merchantable species, it 

 has been cut. and now a tulip tree is seldom seen outside of parks or lawns. 



Trespasses 



The State forestry law relating to trespasses or cutting trees on lands 

 of the forest preserve provides that : 



"A person who cuts or causes to be cut or carries away or causes to be 

 carried away any trees, timber, wood or bark from state lands in the forest 

 preserve is guilty of a misdemeanor; he shall also be liable to a penalty of 

 ten dollars for each tree cut, taken away or destroyed by him, or under his 

 direction. The penalty so incurred may be recovered in the action to 

 recover damages for trespass or in a separate action." (Chap. 20, Laws of 

 1900. Part II. Article XIII, Section 222). 



Attention is called to the provision of the above section by which a 

 trespass is constituted a misdemeanor instead of a felony. For this reason 

 petty trespassers have been punished by the imposition of a fine equivalent 

 to three times the value of the timber cut, or in some cases by a penalty of 

 ten dollars a tree, and imprisonment is enforced only when the defendants 

 refuse to pay the fine. 



At the same time, offenders of this class can be prosecuted for larcenv 

 under a section of the penal code, and hence, in cases where there was a 

 flagrant violation of the law. an intentional trespass of great extent, 

 indictments for grand larceny have been obtained and the defendants are 

 now waiting trial. No trespasses of this kind, however, occurred in 1906, 

 the year for which this report is made. 



During the year 1906 the legal department of the Commission has col- 

 lected and turned into the State Treasurv $19,651.25 which was obtained 

 from fines imposed for cutting trees on State land. Of this amount 



