July 22, 1911.] 
FOREST AND STREAM. 
135 
or development of natural resources, for the 
public health or safety or welfare, or any of 
them, and if a petition is presented by any per¬ 
son or persons or by a corporation, municipal or 
otherwise, under any such article, the commis¬ 
sion may, in its discretion, extend the scope of 
such proceeding to and including any or all im¬ 
provements or developments of natural resources 
which may be done under all or any provision 
or provisions of this chapter, and if any part of 
the procedure governing the matters concerning 
which the petition is presented cannot be made 
applicable in all respects to the subject matter 
of the proceeding as thus extended, then the 
procedure peculiar to such additional matters as 
provided for in this chapter shall be adopted to 
the extent necessary. 
Sec. 21. Systematic plan. It shall be the duty 
of the commission to continue investigations of 
the water resources of the State, including the 
systematic gaging of rainfall and stream flow 
throughout the State, so as to complete a com¬ 
prehensive system for the entire State, for the 
conservation, development, regulation and use of 
the waters in each of the principal watersheds 
of the State with reference to the accomplish¬ 
ment of the following public uses and purposes: 
1. The prevention of floods and the protec¬ 
tion of the public health and safety in the water¬ 
shed. 
2. The supply of pure and wholesome water 
from the watershed to municipalities and the in¬ 
habitants thereof and the disposal of sewage. 
3. Drainage and irrigation. 
4. The development, conservation and utiliza¬ 
tion of water power in the watershed. 
5. The protection of the public right of navi¬ 
gation. 
It shall be the duty of the commission to in¬ 
vestigate the possibilities of improving and ex¬ 
tending navigation in rivers, lakes and other 
watercourses and bodies of water, outside the 
canal system in each such watershed, including 
an investigation into the character of such waters 
and the use thereof for navigation and with the 
view of collecting data to determine the up¬ 
stream limits of the public right of navigation, etc. 
Sec. 22. Dams and other structures in streams; 
penalties. No structure within the natural and 
ordinary high water mark of any stream, out¬ 
side of the canal system, shall be made by any 
public authority or by any private person or cor¬ 
poration without notice to the conservation com¬ 
mission, and in no case without complying with 
such conditions as it may prescribe for preserv¬ 
ing the channel and for safeguarding the public 
against danger from the waters impounded by 
such structures, and this prohibition shall apply 
to any renewal of existing structures. No such 
approval by the commission shall impair or affect 
any property rights, otherwise existing, which 
might be invaded by the construction or main¬ 
tenance of such dam. The commission shall 
have power, whenever in its judgment public 
safety shall so require, and after a hearing either 
on its own motion or upon complaint, to make 
and serve an order directing any person, cor¬ 
poration, officer or board, constructing, main¬ 
taining or using any dam in any of the waters 
of this State, outside the canal system, to re¬ 
move or repair the same within such reasonable 
time and in such manner as shall be specified in 
such order. 
Sec. 50. General powers of commission as to 
lands and forests. The commission shall, subject 
to the approval of the Governor, have power to 
contract for the purchase of lands or to take 
lands for public use in cases where the forest 
purchasing board is now authorized to do so. 
The commission shall administer all laws relat¬ 
ing to tree culture and reforestation by the State 
and to the care and management of such scenic 
and other parks, reservation or lands of the 
State as now are or hereafter shall be placed 
under its jurisdiction; and in addition to any 
powers in the premises now conferred upon the 
commission by any statute, power is hereby con¬ 
ferred to establish and maintain nurseries upon 
all unused State lands for the reforestation of 
any lands which the commission desires to supp’y 
with trees and shrubbery therefor, and to re¬ 
forest any State lands which the commission 
deems suitable. 
Sec. 150. General powers of commission as 
to fish and game. The commission shall have all 
the powers and be subject to all the duties, in re¬ 
spect to the fish and game of the State, of the 
forest, fish and game commission or commis¬ 
sioner, as prescribed by the forest, fish and game 
law or by any other statute, except as herein 
otherwise provided, and it shall administer all 
laws relating to State jurisdiction over fish and 
game and for the propagation thereof, including 
shellfish. 
Sec. 151. Superintendent of marine fisheries. 
Until otherwise determined by the commission 
there shall continue to be a superintendent of 
marine fisheries, who, subject to the provisions 
of the ensuing sections of this article and sub¬ 
ject to the supervision and control of the com¬ 
mission, and under the immediate direction of 
the deputy in charge of the division of fish and 
game, shall administer the affairs of such divis¬ 
ion relating to shellfish and shell fisheries. The 
superintendent now serving shall continue in 
office until his succesor is appointed, and shall 
be subject to the other provisions of this chap¬ 
ter relating to appointees of the forest, fish and 
game commission. In case such office is abol¬ 
ished, the powers and duties of the commis¬ 
sion relating to shellfish and shell fisheries, and 
conferred or imposed by this article on said 
superintendent, may be exercised either directly 
by the deputy in charge of the division of fish 
and game or by such subordinate as the commis¬ 
sion may provide and designate for the purpose. 
Sec. 178. Codification of laws relating to fish 
and game. The commission shall prepare and 
report, on or before Jan. 15, 1912, to the Legis¬ 
lature a bill to revise and consolidate into the 
conservation law all laws relating to fish and 
game, including the forest, fish and game law, 
and including all laws relating to shellfish. 
Sec. 520. General powers of commission in 
relation to water supply. The commission shall 
have the powers and perform the duties in re¬ 
lation to the supply of potable waters for the 
various municipalities, civil divisions and inhabi¬ 
tants of the State, set forth in this article, and 
as may be further provided by law. 
Sec. 521. Municipal corporations must submit 
maps and profiles of new or additional sources 
of water supply. No municipal corporation or 
other civil division of the State, and no board, 
commission or other body of or for any such 
municipal corporation or other civil division of 
the State shall, nor shall any person or water¬ 
works corporation engaged in supplying or pro¬ 
posing to supply the inhabitants of any munici¬ 
pal corporation or other civil division of the 
State with water, after this chapter takes effect, 
have any power to acquire, or to take a water 
supply or an additional water supply, or to take 
or condemn lands for any new or additional 
sources of water supply, until such persons, cor¬ 
poration or civil division has first submitted the 
maps, plans and profiles therefor to the com¬ 
mission of conservation, as hereinafter provided, 
and until said commission shall have approved 
the same, or approved the same with such modi¬ 
fications as it may determine to be necessary as 
hereafter provided. 
Connecticut Quail. 
Milfoud, Conn., July 15. —Editor Forest and 
Stream: I am glad to report that quite a num¬ 
ber of the old ring-neck quail have been seen in 
the last two months near George Bird Grinnell’s 
farm, Baldwin’s station, John Rogers' farm, the 
old Law barn, and Merritt Clark’s farm, the 
radius of seven miles. Quail have also been 
seen at Woodmount and Mr. Tinkham’s farm, 
just east of Milford. Sitting on my daughter’s 
piazza last Wednesday I saw a male quail fly 
on the front fence and whistle to his mate in 
the grass. He kept it up for five minutes, then 
flew down and joined his mate. 
I do not know if the increase has come about 
by the club clearing out all the foxes and feed¬ 
ing the birds during winter. Then, too, for the 
last three years there have been no quail shot, or 
only by a few, at any rate. The association wi 1 
take a little credit for feeding and enforcing the 
laws, looking after pot-hunters and hunters 
without a license. 
Now we will make war on the red squirrel, 
one of the worst enemies of all kinds of birds. 
He is a nest robber, kills young birds and de¬ 
stroys more gray squirrels than all the guns can 
do, and it is impossible to raise pears where this 
pesky varmint lives. F. S. D. 
Secretary Farrell. 
Of John J. Farrell, who was recently ap¬ 
pointed Secretary of the New York Forest, Fish 
and Game Commission, the Troy Press says: 
“The appointee is a native of this city, where 
he was born, Oct. 30. 1870. His father, John 
M. Farrell, was for many years a prominent 
grocer and coal merchant. Mr. Farrell was edu¬ 
cated at St. Mary’s Academy, and after the 
death of his father took charge of the estate. 
In April, 1896, he was appointed a fire commis¬ 
sioner by Mayor Molloy, and was said to be 
the youngest fir’e commissioner in the State. He 
is a member of the Read Steamer Company, of 
which he has been assistant captain; the Lau¬ 
reate Boat Club, the Rensselaer County Sports¬ 
man’s Association and the Mountain View Gun 
Club. At one time he was a member of the 
engineering corps on the barge canal. 
“Mr. Farrell is an enthusiastic sportsman and 
an expert as an amateur marksman. He has 
had a large experience in the woods, along the 
streams and on the ponds and lakes of this 
vicinity, and also in the Adirondacks and other 
sections, both as a hunter and fisher, and is 
peculiarly fitted for the duties of the position 
to which he has been appointed. He will also 
be of assistance in any department of the Forest, 
Fish and Game Commission." 
