Lake, was mistaken for a deer by another hunter and shot, the bullet passing through his body just above the heart. Not fatally hurt.

October 27. Frank Tansley, of Rockwood, Fulton county, aged about 25 years, while hunting deer in Hamilton county, about midway between Arietta and Lake Piseco, fell and his rifle being discharged by accident the ball perforated his wrist, passed through his abdomen and, taking an upward course, came out at the neck. Death was instantaneous.

October 31. Parker Corts, at Whitesboro, aged 12 years, while hunting near that place, accidently dropped his double-barreled shotgun and both barrels were discharged. One charge tore away the flesh of the right thigh and the other tore along the left breast, exposing the bone, and took away the left ear.

November 1. While Charles L. Bryant of Columbus, Chenango county, aged 19 years, was hunting squirrels near that place, the trigger of his rifle was caught by a twig and the weapon discharged. The bullet struck him in the temple and death was instantaneous.

November 3. While Charles DeLong of Fort Plain, aged about 21 years, was hunting on the Mohawk river, near that place, one barrel of his shotgun was accidently discharged and he was severely wounded in the left side.

November 13.- Frank White, aged about 70 years, who resided about five miles from Malone, Franklin county, and who had been hunting deer in the vicinity of Duane, was found dead in the woods, having been shot accidentally or otherwise.

December 27. Thomas Smith of Saranac Lake, aged 8 years, while hunting rabbits in company with his father near that village, was badly wounded by the accidental discharge of a 22-caliber rifle which he carried. The ball struck him in the upper lip and took an upward course through the nostrils, coming out at the forehead between the eyes.

December 27. While four boys with shotguns were hunting rabbits near Saranac Lake, they fired at a rabbit, and John Walker, aged 14 years was accidently wounded. A buckshot passed through his right lung.

December 27.—At Lake Clear Junction in the Adirondacks while Frank Piets, aged 17, was cleaning a 22-caliber revolver, it was accidentally discharged, the ball penetrating his right hand.

Report of the Legal Department

BY JOHN K. WARD, GENERAL COUNSEL

Hon. JAMES S. WHIPPLE, Forest, Fish and Game Commissioner:

ST

IR. I beg herewith to submit the report of the Legal Department of the Forest, Fish and Game Commission covering the period from January 1, 1907, to October 1, 1909.

By chapter 199 of the Laws of 1906, section 185 of the Forest, Fish and Game Law was amended, increasing the powers of the Commissioner in the employment of counsel, and permitting the appointment of necessary counsel in the office of the Forest, Fish and Game Commission, and the appointment of attorneys to represent the Department in the prosecution or defense of any action or proceeding brought under the provisions of the Forest, Fish and Game Law. Pursuant to this statute the Legal Department of the Commission was organized January 1, 1907.

At the time of its organization the legal business of the Department was widely scattered among local attorneys and a condition of divided responsibility for its prosecution and direction existed. It was the plain and manifest intention of the Legislature, in its amendment to section 185, to bring the legal business of the Department under such supervision and control as would give it intelligent direction and vigorous prosecution, and the work of the Legal Department has been consonant with that intention and purpose. All actions are directly under the supervision and control of the General Counsel of the Department and complete records are kept from the commencement of the progress and disposition of all the legal business of the Department.

At the time of our organization, the legal force consisted of three attorneys the number now being increased to five- one of whom is

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engaged in the work of examining titles for the purchase of land in the Adirondack and Catskill Parks and another is especially employed for title litigation.

The Volume of Business

The volume of the business of the Department increased so rapidly and extensively, and the necessity of space for filing and library purposes became so urgent that the original quarters of the Department, in the rooms of the Forestry Bureau, were entirely inadequate for good and proper service, with the result that our present quarters, outside the Capitol building were secured.

The efforts of the Department for better and more effective enforcement of the Forest, Fish and Game Law are necessarily made through the legal and protectors' bureaus of the Department. The work of these bureaus and the result for better protection have steadily increased during the period covered by this report.

Marked improvement and efficiency in the protective work has been accomplished as the result of the advice and direction given the protectors in the procurement and prosecution of their cases, and a consistent policy of enforcement by the establishment of this Department has been rendered possible.

Cases Prosecuted

During the period from January 1, 1907, to October 1, 1909, there were 560 civil actions, 80 of which were pending on January 1, 1907, and 480 of which have been commenced since that date, under the direct charge of and prosecuted by, the Legal Department. Of this number 360 were for fish and game violations and 200 were trespass and title actions. Of the entire number of actions pending and commenced, 302 have been disposed of by settlement and judgment, and 258 are still pending. Of the number now pending, 12 are on appeal, 60 are ejectment and trespass cases involving the State's title to lots in Township 15, Totten & Crossfield's Purchase, and 26 are for doubtful pike and pickerel violations. Statements in detail showing the commencement and disposition of actions