As a whole people we are not using our preserves at all. Comparatively few people, under present conditions, can afford to use them. If the Constitution was literally enforced, no one could cut a stick of wood for a camp fire; no one could cut a stick on which to hang a camp kettle. In many long reaches of the forest there would be no place where shelter could be found. A tent could not be staked down unless the stakes were carried in from other lands. The Constitution, with all the good intentions of its builders, with all the needs at the time for a restrictive provision in this respect, established a park and forest preserve for the people, built it round with a high wall, with a few excellent people inside, but left the great majority on the outside of the wall unable even to look in and see its great natural beauty and enjoy its manifold blessings.

The present law will not permit putting State forest land on a safe business basis. Under a slightly amended constitutional provision, leaving it absolutely safeguarded as to waste and improper use, it could be reasonably used by all, protected from fire, and made to yield an annual revenue through the utilization of the water, the removal of waste timber, and from rentals from those who tenant it. This arrangement would provide maintenance without further appropriation, and annually add large tracts of woodland. Why not? Should the few occupy it as against the many? Are not the rights of all equal in this respect? If it is to be held and used simply to protect water sources, while the water runs away unem ployed, except to sustain fish-life and water the lowlands, then the present method is right. If our forest preserves are to be used as well for those other and more valuable purposes, then the present method of using, holding and managing our woodlands is all wrong. The impracticability of the present law, which prevents realizing to the fullest extent upon this valuable natural asset, the woodland and water supply of the State, is illustrated by the situation at the proposed great Ashokan reservoir. It is proposed to supply water for New York city by building a reservoir near Kingston and conducting the water impounded there to New York city. The total expense of this proposed project will be approximately $160,000,000. The projectors are met with the fact that the State owns land within the area required for flooding, which under the Constitution cannot be flooded or taken. If the rights of the State are enforced, it will

materially injure, delay, and perhaps prevent the construction of the reservoir. If so, what a useless situation. And why should not the constitu- · tional law be enforced as well when it affects large enterprises as when it affects small ones? The same is true of the great project on the Saranac river, begun by the Paul Smith Company. There, an investment of $400,000 is held up and rendered practically useless because of this unfortunate situation. This condition of things does not appeal favorably to the good common sense of people; it should not exist.

The water power developed in this State is about 27 per cent. of all that developed in the United States. That which is developed here, to wit, about 500,000 water horse-power, is, excluding Niagara and the St. Lawrence rivers, about half of all which we have. Why let more than 500,000 water horse-power, which money is waiting to develop, run to waste? Why not employ the money and labor necessary to apply this great power? Why should not the assessable property of the State be increased by this amount? Why should not the State be receiving the large annual revenue this utilized water horse-power would produce? Why longer let it run away to the gray old sea, doing little or no good? It seems to this Department that a change in the Constitution which would allow proper management and use of these great natural resources, safeguarding all the interests of the State, would commend itself to every thoughtful person.

Highlands of the Hudson

Approximately 150 square miles of wild country, sparsely settled, are situated back from the Hudson river shores in about equal areas, both east and west, as the Hudson river flows through the Highlands, the northerly limits as marked on the river being Cornwall on the west and Fishkill on the east; the southerly limits being Dunderburg on the west, and the State camp on the east. In this entire section are found only the villages of Cold Spring, Garrison and Highland Falls, the two government posts of West Point and Iona Island, and two properties of the State of New York, namely, the State camp for militia instructions and the land recently purchased by the State for a prison, to take the place of Sing Sing. It is an historical section of our State. It is the region commonly known as the

Highlands of the Hudson. Except for the villages and settlements named, it presents substantially the same appearance to-day, except for a lesser tree growth, than it did when first discovered by Henry Hudson.

For many years foreign and American travelers have visited two great national attractions in this country, Niagara and the Hudson river, because they had been told by visitors that these were of exceptional interest and beauty. To-day, it is true, our great West has opened regions of dramatic interest and beauty; yet, wonderful as the latter are, the Hudson river holds its high place in American scenery. The region is now being despoiled chiefly by the cutting of the timber. This cutting, which was profitable at first, because of the high quality of the timber, does nothing better now than feed the brick yards, and the methods used are primitive and unremunerative as compared with what might be. The passing of the trees is followed by the disappearance of the good soil, and by a stream flow resulting and alternating in freshets and droughts.

In this region there might be given an illustration of an object lesson in modern forestry. Nothing need be taken from present owners; neither land, nor the privilege of using it for residential or farming purposes. Wild land suitable for farming (though of this there is but little) may be turned from timber land into farming lands, the towns and the State and Federal positions being undisturbed. Land which is suitable for the growing of trees only might well be used for forest cultivation. This land has been, and is being misused. It would be not only wise but patriotic if legislation should arrange for the purchase of low-priced land, some at least of which has little value because of recent denuding. This land could be replanted. Legislation could provide for the future cutting of timber under the direction of the Forestry Bureau; the historic place could be rescued from its present condition and a very desirable public work done.

Suggestions and Recommendations

In view of the existing conditions and the facts hereinbefore stated, the following suggestions are made:

First It would seem to be reasonable that the Constitution should be amended to provide for the sale or exchange of land outside of the Blue

Line as necessity may require and the interests of the State warrant, the proceeds received by sale or exchange to be applied to acquiring land within the Blue Line.

Second It would also seem reasonable that the Constitution should be amended in such a way that the Commission may lease small tracts of land under strict regulations and forfeiture clauses for permanent cottage and camp sites. In that way a very large annual revenue may be obtained, many more people would visit and enjoy the forests, and each one investing money for such purpose would necessarily become an interested forest protector.

Third If the Constitution was amended in a way to allow a welldefined good road system of a few main highways to be built through the forest reserve on plans to be approved by this Department, to the end that the forest may be more accessible, that more of our people may visit the Adirondack and Catskill regions and have a chance to see and enjoy their great beauty, it would be beneficial in many ways. The roads would be fire breaks, and furnish a quicker and better way to reach many sections now inaccessible and difficult to protect.

Fourth If the Constitution does not now admit of removing dead and down timber and to abate threatening conditions to lessen the danger from fire, it should be amended to allow the State itself, from time to time, to do so.

Fifth In view of the physical conditions and the facts elicited by the Water Storage Commission, it would seem that the Constitution should be amended to allow the construction of water storage reservoirs under State control and regulation within the Adirondack and Catskill counties, and that a general State policy of water storage should be adopted. This suggestion is made by this Department, not because it is directly charged with water conservation, but for the reason that water conservation is intimately connected with and affected by forest conservation.

Sixth-In relation to forest fires, I offer the suggestions in the form of resolutions adopted by a conference of forty men, who represented nearly all the business interests of the Forest Preserve counties, and among whom were eminent lawyers, members of the last constitutional convention, and men of broad experience from many sections of the State. The conference

was held at the Commissioner's office December 29, 1908, and the suggestions are as follows:

a.

"Resolved, That it is the sense of this conference that if it be necessary to secure the use of oil fuel or other equally safe source of power on locomotive engines running through the forest, legislation should be enacted or executive action taken.

b. "That the railroad companies be made to pay the whole cost of patrolling their tracks under State supervision, instead of one-half, as at present.

"That adequate moneys be provided to the Forest, Fish and Game. Commission for the establishment of a more complete and systematic fire patrol and signal system, and, if necessary, legislation be enacted for that purpose.

d. "That more stringent laws be enacted for the punishment of persons through whose carelessness or negligence forest fires start.

That the Governor be empowered to suspend the hunting and

fishing season in case of emergency.

Seventh There should be a law enacted under which the State may control the cutting of trees on private land and clearing up and disposal of the refuse left after lumbering, to the end that danger from fires may be minimized and the forest cover may be retained to protect the watershed and conserve the water supply. This suggestion is based upon the belief that the State has the inherent right, at least in a limited way, to control the use and management of private property for the public good. This principle has been asserted and established by the highest court in Maine, and in at least two other States, and seems to be sound doctrine.

Eighth The rapidly increasing business of the Department will require a large office force, more foresters, and larger appropriations with which to hire power boats. It also seems that the time has come when the State, with the Department's greatly increased revenue, can well afford to establish a modern game bird farm, from which our depleted covers may be stocked.

Ninth Appropriations for the Department will necessarily have to meet the Department's activities as new lines of work develop.