During all these years he had many trials and vexations, but he used success or failure to the best advantage. He often had to act as mediator in order to reconcile conflicting ideas and theories of such radically opposite interests as the forestry enthusiast and the Adirondack lumberman.

Unless we study fully the history of forestry in this State, we do not appreciate the import of all these developments and changes. Of Colonel Fox it must be said he did much and well at the opportune time. He left as his monument two great forest preserves in the two mountain regions of this State aggregating 1,635,000 acres, and established a stable forestry policy on a great, broad basis.

In addition to his forestry work he was a recognized authority on Civil War history and the author of many notable works. His first literary production, entitled "The Chances of being Hit in Battle," was published in the Century Magazine in 1888 and is a most interesting computation. After ten years of study and investigation Regimental Losses " was ready for publication, and it is the most authoritative work of its kind. His other historical writings are "New York at Gettysburg (3 vols.); "Slocum and His Men; Life of General Green."

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His forestry writings include a large portion of the official reports 1885-1907, inclusive; "Forest Tree Nurseries and Nursery Methods in Europe; "Tree Planting on Streets and Highways; ""The Maple Sugar Industry; ""The Adirondack Spruce; History of the Lumber Industry in New York," and many minor articles.

He was a high-class gentleman of the old school and was loved and respected by a very large number of people in many States. A member of the Chi Psi fraternity, he was at one time its president. He belonged to Dawson Post No. 63 of the Grand Army of the Republic; was a companion in the Military Order of the Loyal Legion; corresponding secretary of the Society of the Potomac; member of the New York Historical Society; American Forestry Association and Society of American Foresters.

Colonel Fox died on June 16, 1909. For twenty-five years he had been connected with the Forestry Department. The work he did and the services he rendered for the State during the full period of his term of employment cannot well be overestimated. He was a highly cultured, careful, diplomatic man. He saw far into the future-planned and worked

slowly and carefully - carrying the Department along through good and ill repute for years when there was little or no public sentiment to support the work. He established nurseries, planted trees, experimented, studied, and finally proved by his work that we can raise and plant trees for commercial purposes as well as the German people do. He encouraged the buying of forest land many times when the purchasing board refused. He saw that lands the board refused would ultimately be of great value and hard to get. The work needed all through the formative period just such a man. No other man would have done as well. His heart was in his work. His best efforts were made as he planned and worked and watched the growing tree. He saw in the future the inevitable rise in land and timber values brought about by rapidly decreasing timber supply and encouraged at all times the acquisition of forested land by the State. His wisdom and farsightedness is shown by one illustration. About eighteen years ago the Department was offered a township of land in the Adirondacks for $18,000 which, contrary to the advice of Colonel Fox, it refused. A few A few years later the owner sold one lake and a small parcel of land for $44,000. Yet a little later the soft timber on the township down to eight inches was sold for $84,000, and three years ago the State bought the township less the first part sold and less all the soft timber down to eight inches on the balance, paying therefor $156,000 and by the purchase then made at least $100,000. Had Colonel Fox's advice been heeded eighteen years ago the whole township might have been purchased for $18,000, with all the timber then on it, and a profit at this time realized of from three to four hundred thousand dollars. This is a fair example of his wisdom and foresight.

He died leaving a work, begun under difficulties, finally well established, and thereby built for himself a monument more lasting than those carved from marble. In years to come, when future generations are reaping the rewards of his work, his writings will be read and his name will be renowned as that of a public benefactor.

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FIFTEENTH REPORT OF THE FOREST, FISH AND GAME COMMISSIONER.

Recommendations.

I respectfully recommend as follows:

First. That the Buck Deer Law of 1909 be repealed.

Second. That the 150 towns outside of the preserve in the Adirondack counties, put into the law as fire towns in 1909, be stricken out.

Third. That more protectors be provided. They are needed and the revenues from hunting licenses warrant it.

Fourth. That the Albany office force be increased by at least two stenographers and one accountant.

Fifth. That commercial seedling trees be produced on a scale large enough to supply at least 30,000,000 annually to the people at a price lower than cost. At least $100,000 should be used each year in this work. We are not growing one twenty-fifth as many as we ought.

Sixth. That land dedicated to tree growing and planted with trees be relieved from increased taxation for, say, thirty years.

Seventh. That provision be made for money enough to acquire a million acres of land in the Adirondack Preserve and 400,000 acres in the Catskill Preserve immediately. Many million dollars in timber value will be saved to the State if this is promptly done.

Eighth. That the Constitution be amended as indicated by the proposed amendment submitted herewith, and for the purposes therein indicated.

Ninth. That the Long Island Brant Law be repealed, and also that part of the law permitting the possession of wild fowl after the close of the season for shooting them.

We suggested, at the conclusion of the report to the Legislature for 1908, to wit, that "advancement in these respects should be more rapid in the future than it has been in the past." As may be seen by the facts herein set forth the suggestion was well, founded, for during the year 1909 greater advancement was made than in any preceding year. We are much pleased to be able to report that fact.

Trusting that all the Department has done and accomplished will meet with the approval of the Legislature.

This report is respectfully submitted.

JAMES S. WHipple,

Commissioner.

For the year 1907

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

STR

IR.- The work devolving on the Forestry Department of this Commission has been carried on successfully during the past year, nothing having occurred to interfere with it or interrupt its satisfactory progress. Trespassing on the Forest Preserve has been suppressed so far that these offenses have been confined to cases of a petty character, or stopped so promptly that the thieves were unable to remove any timber from the premises. Though forest fires were numerous, owing to a prolonged drought, they were attacked so promptly by the fire wardens and their men that there was no loss of timber on the State lands, and no wide spread destruction of private property. The forest tree nurseries maintained by the State are in fine condition, and the plantations made on the denuded lands of the public domain promise satisfactory results. The extension of the Forest Preserve by purchases of land has progressed steadily, the Board having accepted all tracts that were offered at market prices.

Trespasses.

During the year 1907 there were 45 trespasses on the lands of the Forest Preserve, as reported to this office by the various officials in the employ of the Commission. With one exception these offenses consisted in the cutting of trees in the State forests. Of these cases seven were prosecuted, and in each a fine amounting to three times the value of the timber was imposed and collected. In one case where the defendant had cut three trees the maximum penalty of $10 per tree was enforced.

The remaining cases are still in the hands of the attorneys awaiting settlement.

These trespasses were not all willful offenses. In six of them the parties supposed they were cutting on their own property. Of the others, none cut trees for firewood; two cut timber to repair their camps; five committed trespasses in order to repair roads; two cut trees in surveying a route for an electric transmission line; in two instances a tree or trees were cut to make shingles, and one of the trespasses consisted in tearing down an old barn without permission. In six cases, where the trees were felled for commercial purposes, the timber was seized by the State protectors before it could be removed from the place where it was cut, and the logs are still on the ground.

No lumbering operations have been carried on within the Preserve, as no lumber company or sawmill operator was implicated in any of these offenses.

It might be that, with a sufficiently large number of forest rangers in the employ of the State, the lands in the Forest Preserve could be watched and guarded so closely that no trespass could be committed, that not one tree could be cut. But it is doubtful if this can be done with the present force. As the population of our forest counties includes the usual proportion of careless or criminal men there will probably be more violations of law in that region the same as in other parts of the State.

or less

Forest Fires.

The forest fires during the past year 1907- were, in extent of areas burned over and damage to standing timber, about the same as in the previous year. There were no fires on the Forest Preserve with the exception of an area of 74 acres, where fires which started on private property spread over some adjoining State land before the flames could be controlled. This gratifying immunity from loss on the part of the State was due largely to the fact that the lands in the Forest Preserve are unoccupied, and are also free from the dead brush, limbs and tree tops which too often encumber the woodlands of private owners where lumbering operations are carried on.