iy Sua OF Nate a J \ FOREST. FISH AND aN i / COMMISSION » Wy, rN OVE ae) a 1907-1908-1909 ADIRONDACK FOREST SCENE Annual Reports of the Forest, Fish and Game Commissioner of the State of New. York for 1907-1908 - 1909 eV sonian Insz; is Tuas J Gd o Re cimae A PS Annual Reports of the Forest, Fish and Game Commissioner For 1907-1908 - 1909 Albany, N. Y., January, 3, 1910. Hon. James W. Wadsworth, Jr., Speaker of the Assembly : Sir.—I have the honor to submit herewith, as required by law, the official reports of this Commission for the years 1907, 1908 and 1909. Very truly yours, JAMES S. WHIPPLE, Commissioner. State of New York Forest, Fish and Game Commission AMES" Ss) WHIPPLE, Comm iSSiOmer. = seer et ee Salamanca J. DUNCAN LAwRENCE, Deputy Commissioner...............:.. Bloomville JOHN 2s OW HISHE SeCretanye: cen ree se eee Albany Superintendent of Forests ............. CuiFFORD R. Pettis, Lake Clear Junction GhiefiGame Protectom =). eee JoHN B. BuRNHAM, Essex State nisi CGultunistann ee ene Dr. TARLETON H. BEAN, New York Superintendent of Marine Fisheries.... B. FRANK Woop, Jamaica GeneralGounseleeena eee Joun K. Warp, Ellicottville Table of Contents PAGE. EASES GEM eet Subroer aria ic mean Peat eg, 13 REPORT OF THE COMMISSIONER FOR 1907 Rete en ar tele 17— 28 HATCHERIES ae ab eid War ES No a a a 19 SHELLFISH Maree per: wt ee wi bse re eT 20 STATE FORESTS Seen RNs ak eee ait 2 FoREST FIRES a eee ens ieee, (eran ee Gr gba) ti 24-).25 ELK, BEAVER, DEER she elo tec Rd lo i a 25 CHANGES IN LAW SUGGESTED ree a ree eal tees 26— 28 REPORT OF THE COMMISSIONER FOR 1908 . . .. . . 29- 46 ACHIEVEMENTS STATED ee Wage ule Late tek arias 4s 30- 32 HATCHERIES Ree aR een er ety ne oun er rial cae) he ae SHELLFISH ee igen hen oa Ginn hat 33-334 ELK, BEAVER, DEER Me Heise eeut eerie eh ee 2: 34 STATE FORESTS itary Rare an eae ey Lagecthes Mad oS RY TT 34— 36 CONFERENCES AD VVASHINGTON 8s. 6) 2) 2 2) fe 35 Forest FIRES i Ta ea aia in, a ie ar oe a 35- 38 FoREST MANAGEMENT SMR a cig Anis Nae arate tae OP 38— 42 ENICHEANDS OR ADHE HUDSON <> 9. 9 gk ees * 42— 43 INE COMMENDARIONS ) (a bee ee ean ne war cen 43- 46 REPORT OF THE COMMISSIONER FOR 1909 . . . . . ~.. 47— 78 VIEARINE ISH RME So eynetin =e yo LEN has Sn rags tas to 49- 50 AR CHIERTES ici erm se eae eh yn amg hs Fon aes eine, 50 SPATE SWORESIG: eo. we eens fate Sores Vee Se aes a, 51- 53 EXPENDILORES IRE (PATROL G2) oialoml Sos o% 53 SUGGESTIONS FOR IMPROVEMENTS . . . . . .. .. 54- 58 WAIGWIE TORS NVATRER |b OWER= 0 ste 40 Si Ore eae Oe 58 HIRE MAW DISCUSSED s ore ct 4 bole mie oeh laps Se oky 58- 61 HORESM EOLIGVWURGEDie st. Ue ek Bl sd 61— 70 CAMs SURI I VAVRIM gs eee tate Un name Mr wisie age. Sess oe Bie, [Oma 6 TABLE OF CONTENTS. REPORT OF THE COMMISSIONER FOR 1909— (continued). LAKE FisH CoLD STORAGE GAME Con hos ahripuiE. To RECOMMENDATIONS REPORT OF SUPERINTENDENT OF FORESTS FOR 1907 ‘TRESPASSES ForREST FIRES ANNUAL FOREST PRODUCTION REFORESTING OPERATIONS INSECT PEsT, REPORT ON AREA OF FOREST PRESERVE TAXATION OF FOREST PRESERVE REPORT OF FORESTRY DEPARTMENT FOR 1908 ‘TRESPASSES Forest Frres LossEs BY FIRES CAUSES OF FIRES Cost oF FIRES TO COUNTIES ANNUAL FOREST PRODUCTION REFORESTING OPERATIONS NurseErY Work DISTRIBUTION OF TREES THE ForREST PRESERVE INVESTIGATIONS REPORT OF SUPERINTENDENT OF FORESTS FOR I909 BLISTER RUST ON PINES HIGHLANDS OF THE HUDSON RESERVATION Top Loprinc Law INSTRUCTIONS TO PATROLMEN Forest FIRES OBSERVATION STATIONS FIRE FIGHTING FORCE CONTROL OF RAILROADS eet ss) 1. eae PAGE. 71- 72 2 72-77 97-102 103-104 104-106 107-170 107 107-133 125 126 125m 133-141 T41—143 143-164 158 164-169 169-170 171-197 NG 72D ial 7570 170-177, Li men, 179-180 180-182 182-183 TABLE OF CONTENTS. REPORT OF SUPERINTENDENT OF FORESTS FOR 1909—(continued). THE SEASON AND THE FIRES FIRE SERVICE DISBURSEMENTS ANNUAL FOREST PRODUCTION THE FOREST PRESERVE CO-OPERATION WITH WOODLAND OWNERS FOREST SCHOOLS THE FORESTRY DEPARTMENT FORCE REPORT OF ASSISTANT SUPERINTENDENT OF FORESTS FrrE District NUMBER ONE FIRE District NUMBER Two FirE District NUMBER THREE FrrE District NUMBER FouR REPORT ON LOPPING BRANCHES IN LUMBERING REPORT ON Hupson HIGHLANDS RESERVATION STATEMENT OF COMMISSIONER -REporT ON REFORESTING OPERATIONS TREE DISTRIBUTION PRIVATE PLANTING NURSERIES AND WORK EUROPEAN BLISTER RUST REFORESTING STATE LANDS REPORT OF SUPERINTENDENT OF MARINE FISHERIES BUSINESS OF THE YEAR gee SANITARY CONDITIONS IN OysTER BEDS SHELLFISH INSPECTION DECISION ASSOCIATIONS AND CONVENTIONS JURISDICTION OF LANDS UNDER WATER LOBSTER FISHERIES OF THE STATE SALT WATER FISH : CONDITION OF THE INDUSTRY NECESSITY FOR A BOAT ; STATISTICS OF OYSTER PRODUCTION REPORT OF THE DEPUTY COMMISSIONER PAGE. 183-184 185 187-188 189-191 192-193 194 195-197 197-199 199-201 202-204 204-206 206-209 DPNO=BDN7/ 2M DOr, 227-233 233-275 233-247 248-249 298-302 302-303 3037304 305-308 TABLE OF CONTENTS. REPORT OF THE STATE FISH CULTURIST THE ADIRONDACK HATCHERY THE CALEDONIA HATCHERY THE CHAUTAUQUA HATCHERY THE COLD SPRING HARBOR HATCHERY THE DELAWARE HATCHERY THE FULTON CHAIN HATCHERY THE LINLITHGO HATCHERY THE ONEIDA HATCHERY : THE PLEASANT VALLEY HATCHERY KINDs OF FISH DISTRIBUTED DISTRIBUTION FOR THREE YEARS DISTRIBUTION IN I909 PonD ENEMIES STATE FAIR EXHIBIT EXAMINATION OF WATERS NOTES OF THE WORK Trout DISEASE PIKE—PERCH DISEA E ARTESIAN WELLS NOTES ON STATE FIsH REPORT OF CHIEF GAME PROTECTOR HUNTING LICENSES FAVORABLE DEER AND TROUT LAws STATE’S WILD GAME SUPPLY STATE GAME FARM NOTABLE CASES OF VIOLATION A SHOOTING AFFRAY GAME REFUGES RECOMMENDED RATING OF DIVISIONS TRESPASS CASES RECORD OF HUNTING LICENSES NUMBER OF PHEASANTS KILLED THE ADIRONDACK ANIMALS PAGE. 308-357 314-315 315-316 317-318 318-319 319-320 320-321 9215322 322-323 323-324 324 325 325-326 327 327 327-329 331-339 336-337 338 338-339 339-357 358-381 360-361 362 362-365 365-366 366-367 367 368 368-369 369 37 OnGme 372 372-379 TABLE OF CONTENTS. REPORT OF CHIEF GAME PROTECTOR— (continued). ANNUAL KILL OF DEER SHIPMENTS OF DEER MISCELLANEOUS ANIMALS HUNTING CASUALTIES REPORT OF THE GENERAL COUNSEL THE VOLUME OF BUSINESS CASES PROSECUTED RECOVERIES MADE APPEALS TAKEN THE NOBLEBORO TRESPASS ; BEAVER RIVER RESERVOIR LITIGATION JOHN Brown’s Tract LITIGATION SPECIAL COUNSEL LITIGATION WooDRUFF ROAD LITIGATION RAILROAD FOREST FIRE PROCEEDING SARANAC RIVER RESERVOIR LITIGATION FisHway LITIGATION ; DOMESTICATED DEER LITIGATION LAND TITLE EXAMINATION PAGE. 373 373-379 379 379-381 382-407 383 383-384 384 385 385-387 387-389 390-392 392-395 395-397 398-400 400-402 402-404 404—406 406-407 List of Illustrations ADIRONDACK FOREST SCENE ENVY PUTTING THE ae ‘On GAFFING A SALMON LUNCH AT HAaLFway HOUSE FRIED BACON 5 MOopERN INVASION OF THE oon THE CABIN HOME Cot. WiLiiam F. Fox AN ADIRONDACK FIRE TRAP THE RESULT PLANTATIONS OF eatin oe YOUNG WHITE PINE WHITE PINE SEEDLINGS SCOTCH PINE AND WHITE PINE Norway PINE AND NORWAY SPRUCE THE Last Loap AN Up-To-DATE Boncrs HARDWOOD ForEsT AFTER THE ine FoREST FIRE ON ST. REGIS MOUNTAIN CAUSES OF FOREST FIRES DESTRUCTION DUE TO FIRE EFFECTS OF FIRE ON RAILROAD FoREST DESTROYED BY FIRE DIAGRAM SHOWING LUMBER DEOUTOnON ScotcH PINE PLANTATION WHITE PINE PLANTATION SARANAC NURSERY, GENERAL ae TRANSPLANTS IN SARANAC NURSERY COMPARATIVE GROWTH OF ‘TRANSPLANTS GROUP OF FERTILIZED SEEDLINGS TRANSPLANTING SEEDLINGS AT SARANAC SCOTCH PINE, FIVE YEARS’ GROWTH CLOSE VIEW OF SCOTCH PINE PLANTATION 10 Frontts piece. Facing 18 22 22 46 54 62 68 AP 80 80 86 88 LIST On VEO S@RARIONS: ADIRONDACK SPRUCE SEED BED Group OF FERTILIZED SEED BEDS SEED BED PREPARED FOR GERMINATION COMPARATIVE GROWTH, WHITE AND SCOTCH Pie THREE YEAR OLD SCOTCH PINE TRANSPLANTS WIRE SEED BED Box GROUP OF SECOND YEAR SEED Bpne ForEST EXPERIMENT STATION, SARANAC INN ParT OF NurSERY, LAKE CLEAR JUNCTION GENERAL VIEW OF PLANTATION, LAKE CLEAR eRe SCOTCH PINE PLANTATION, SIX YEARS OLD WHITE PINE BLISTER RUST FoREST IN HIGHLAND RESERVATION NATURAL REPRODUCTION OF HEMLOCK A Tor PROPERLY LOPPED Reece AS Riot FIRE OBSERVATION STATION, HUNTER MOUNTAIN WHEN Tors HAvE BEEN LOPPED : A SPRUCE Tor, Cut TEN YEARS, Not Waee LUMBERING, Tors Not Loprrep FIRE-DAMAGED TIMBER OBSERVATION STATION, eens ior retn THE SUMMIT OF WHITEFACE WHERE THINNING IS NEEDED STAND OF PURE CHESTNUT LookInG West From BEAR Wenn VALUE OF ROADS AS A FIRE LINE FIRE LANE NEAR LAKE CLEAR JUNCTION FIRE SLASH ON STATE LAND CLEAR CUTTING OPERATIONS FIRE-KILLED CHESTNUTS SPROUTING Ss Retox: DIAGRAM, ADIRONDACK FOREST PRODUCTION, 1890-1908 THE OLD HUNTER A Fair ANGLER HUNGARIAN PARTRIDGE Map oF HIGHLANDS OF een on eee on A Mature STAND oF Harpwoops LookiInc Down StorM KING Cove THE Woopcock Map SHOWING TREES ee IN mean Il PAGE. Facing 156 158 160 160 162 164 164 166 166 168 168 170 072 17/2 174 174 176 176 176 178 178 178 180 180 182 182 182 182 184 184 186 192 196 210 216 226 226 232 240 I2 LIST OF ILLUSTRATIONS. His First DAy AFIELD THICKET OF WHITE OAK SEN PLANTATIONS AND NURSERIES PLANTATION NEAR PAUL SMITH’S SCOTCH PINE PLANTATION, CORNELL TRACT SEED Spots, PAUL SMITH’S PLANTATION SEED SPOTS, SHOWING GROWTH SALAMANCA NuRSERY, Two VIEWS SALAMANCA NURSERY SEED BEDS IN PATNODE Nee COMPARATIVE GROWTH, WHITE PINE Srnec FoREST EXPERIMENT STATION, SARANAC INN TRANSPLANTS WITH BLISTER RUST DEER HUNTERS’ CAMP RAIL BIRD SHOOTING WAITING FOR THE FLIGHT RUFFED GROUSE MONGOLIAN PHEASANT SMALL MoutH BLAck Bass LAKE TROUT MALE Brook TROUT BULLHEAD; CATFISH FEMALE BROOK TROUT SUNFISH SALMON CHUB SUCKER GAME ALWAYS IN Secon Got Him THE QUAIL QUAIL SHOOTING BIRDS IN WINTER RUFFED GROUSE IN FLIGHT WoopcockK YouNG Woopcock Facing 246 PAGE. 248 248 248 248 250 250 252 254 254 254 254 258 22 276 282 294. 300 308 314 318 322 328 332 340 350 358 362 366 370 374 382 386 392 N PRESENTING what is probably the last of the series of enlarged and color-illustrated reports of the Forest, Fish and Game Commission, it seems - permissible to call attention to the record which these volumes have made. The series was begun with the amplified report for the year 1895, in the belief that in this way better than any other the valuable work which the Commission is doing could be brought to the attention of the public. Results have shown that this belief was correct. From the very first issue the books have been immensely popular. Not only have they commended themselves to residents of New York State, but they have been instrumental in causing other states to issue similar volumes, and they have been sought eagerly by students of the subjects on which they treat. Requests for copies have come in great numbers from abroad, and as an instance of the value set upon them, it may be mentioned that the Imperial Library of Japan has among its most valued possessions a complete set from 1895 to the present time. That these reports with their wealth of illustration and the valuable special articles which they have contained have brought credit to the State, as well as to the Commission, may readily be conceded. Scarcely a day passes but there is a demand from some other state for a copy or 13 14 PREFACE. copies of preceding issues. The prominence which the volumes have secured has made it possible for the Commission to procure from experts on the subjects of which they treat, articles to be found in no other pub- lication extant. In this way very valuable work has been done for the forests, the fish and the game of the State. The colored plates thus far printed were collected in a portfolio as a supplement to the issue for 1901, to meet a popular demand from nature study teachers in the schools, and from sportsmen who knew the value of these illustrations and wished to use the plates either for purposes of study or for illustration. One great railroad system so valued these plates that it had them framed in an expen- sive manner and placed in its depot. An enthusiastic advocaté of nature study in the public schools also had a set framed for use in a school room in a village in which he was interested. From the first issue to that for 1901 inclusive, these enlarged reports were issued annually. While their cost had not been more than would naturally be expected for elaborate works of this kind, it was at that time decided to combine several years in one volume thereafter, and the reports for 1902 and 1903 next appeared in one volume, thus practically cutting the cost of publication in two. A further reduction of expenses being still considered desirable, the next issue contained the reports for the years 1904-5-6, thus reducing the expense of publication still further, and this form has been continued up to the present time. The condensation of several years in one volume did not in any way lessen the popularity of the work, as the increased demand for each issue has shown. The wealth of illustration was still kept up, but it became neces- sary to some extent to reduce the amount of special matter included. The work of the Commission, has, however, grown so rapidly, and the quality of the matter included in the reports made by those in charge of the work of conserving the forests, the fish and the game under the direction of the Commissioner has become so valuable, that no complaint has arisen from this cause. Undoubtedly the cessation of the work of presenting the PREFACE. 15 annual reports in the amplified form will cause deep regret among all those interested in the matters committed to the Forest, Fish and Game Com- mission. It is generally conceded by teachers as well as students the world over that there is no better way to impress a subject upon the public mind than through the medium of good pictures. In this particular the amplified reports have excelled from the beginning, and their accustomed appearance, even in the combination form, undoubtedly will be missed by those who have come to appreciate them at their true value. THE COMMISSIONER. Report of the Forest, Fish and Game Commissioner For the year 1907 ALBANY N. Y., January 1, 1908. To the Honorable, the Legislature : HEREWITH submit the Thirteenth Annual Report of the Forest, | Fish and Game Commission. The complete report will comprise a statement from the head of each Department of the Commission which will set forth at length the facts in relation to the work under- taken and accomplished, together with an accurate account of moneys received, expended, and the results obtained therefrom. The last Annual Report of this Commission showed an increased amount of work done and increased results flowing therefrom. The improvement during the past fiscal year over that of the year 1906, has been as marked as that of 1906 was over the preceding year. As stated in the last Report of the Commission, in tgo04, fines and penalties were collected to the amount Of $23,636.66; for 1905, $58,548.08, and for the year 1906, $61,255.03, which was the high water mark. During the present year we have collected from fines and penalties $52,264.77. The amount of fines and penalties collected in a given year will, of necessity, vary even though the work is as well done in one year as another. An ideal condition would be one under which we would have no fines and penalties to collect. That would be a condition under which there would be no offenses committed. Undoubtedly 2 17 18 THIRTEENTH ANNUAL REPORT OF THE there are always many more violations of the law than the Department is able to discover and prosecute. The greater the activity of the Depart- ment under given conditions, the greater number of offenses are discovered, and on the other hand the greater the activity of the Department the less offenses are committed. It should be observed that the total amount collected and reported this year, to wit, $52,264.77, is made up much more largely from fines and penalties for violations of the Fish and Game Law, and much less from moneys received for trespass on State lands than heretofore. The total amount reported and collected for the year 1906 had in it the various large sums collected for timber trespassing. This fact demonstrates two things: First, that there has been no trespassing this year of consequence on State land, and second, that the Protectors have been much more active in hunting out and detecting offenses against the law and in successfully prosecuting the same. Trespasses discovered on State land in 1906 were 1601in all—very many of which were small trespasses.and many of them old trespasses — only 49 new ones having been reported for that year. This, as compared with former years, shows a larger number discovered and reported, which indi- cates a much greater vigilance on the part of the Protectors and Fire Wardens. As stated in the last report there were very few willful trespasses in 1906. This year there have been only 45 trespasses on State land in the entire sixteen counties. No timber trespass of consequence has been made. Of these only three were more than a few trees for firewood, which indicates a very good condition of the observance of the law in relation to trespass- ing upon the State Forest Preserve, and shows a better condition than has heretofore existed so far as the Department is advised. During the present year there were, of those left over from last year and new ones, 1,289 cases of violations of law of all kinds, of which 186 were placed in the hands of attorneys and disposed of; 690 were handled by this Department direct. Of the 1,289 cases, 876 have been disposed of, leaving undisposed of at the present time 413. Ten actions for trespass are on appeal; 128 at issue in courts of record and 158 actions are to be brought. There were 37 acquit- tals, 1 disagreement and 14 cases dicontinued for want of evidence. INVY FOREST, FISH AND GAME COMMISSIONER. 19 Hatcheries. The fish hatcheries have been managed by the foreman of hatcheries under the charge of Deputy Commissioner J. D. Lawrence, and Dr. Tarle- ton H. Bean, State Fish Culturist, in a business-like manner, and have produced the best results yet obtained. There were 14,979,640 more fish produced this year and distributed than last year, although in 1905 we distributed 60,000,000 more than in 1904, and in 1906 we distributed 60,000,000 more than in 1905. There were distributed in the year 1907, 250,653,900 fish of all kinds. The small-mouth black bass ponds at Constantia have done excellent work, and from these a considerable number of small-mouth black bass were taken and planted in the waters of the State —the first time that black bass hatched in ponds have been distributed in the history of the state. The new hatchery at Linlithgo on the Hudson has been practically completed, together with a very substantial dwelling-house and other buildings for the Foreman. The hatchery promises to be a successful one and will be in full working order in the Spring to commence the hatching and rearing of shad fingerlings to restock the waters of the Hudson, and small-mouth black bass for general distribution. All the hatcheries have been materially improved, and put into excellent condition by repairing and painting the buildings, and by making cement floors, sidewalks, retain- ing walls, etc. The Caledonia Hatchery continues to be the most valuable, and the one from which the best results are obtained, producing much the largest number of fish of all the hatcheries. It should be made, as heretofore suggested, the finest hatchery in the United States and an object lesson for the many people who see it during every summer. In order to do that, as recommended in the last Report, the title to the whole of Caledonia Creek and the necessary land along the borders of the same should be ac- quired by the State. Another very fine artesian well has been sunk at the Cold Spring Harbor Hatchery, furnishing a very large flow of pure water. It makes 20 THIRTEENTH ANNUAL REPORT OF THE the hatchery more independent of the natural flow of water and assures the protection of fish reared and kept there at all times. A full account of the work done and the results produced from each hatchery may be found in the reports of the Hatchery Foreman hereto attached and forming a part of this report. Shellfish. There was an effort made in the Legislature of 1907 to amend, con- solidate and improve the statutes in relation to the shellfish interests of the State looking to a better management of the Department along lines followed in other States. A law similar to the one suggested a year ago seems very necessary when the whole subject is studied carefully and the results under the working of the present law noted. Formerly there was very little oyster planting done. The State to encourage the artificial planting and cultivation of oysters aided all who wished to engage in the business by allowing them to have State lands at nominal sums on long- term leases, and at one time, giving a perpetual franchise for the small sum of $1.00 per acre. The business has now reached very large propor- tions, amounting to about $10,000,000 a year, and the money and property employed in the business have reached very large proportions. In the last two reports of the Commission I recommended the passage of an im- proved and modern bill applicable to the business as it now exists — a bill that enacted into a law would yield something to the State in return for its property used by individuals in oyster culture. The State of Rhode Island receives $50,000 a year from such sources; Connecticut, $11,266; Virginia, $99,480; the State of New York received this year only $4,836.18. The law should be amended in such a way First. That the shellfish industry may pay into the State Treasury a fair return for the benefits enjoyed; Second. That to this end a moderate additional income in the nature of fees for surveys, recording, copying certifying papers, etc., should be charged ; Third. That license fees for fishing facilities and nets may be col- lected the same as they are on the Great Lakes in waters in the jurisdiction FOREST, FISH AND GAME COMMISSIONER. 21 of the State. This is reasonable because we are constantly stocking the shore waters with millions of fish, greatly to the benefit of the fishermen, as has been demonstrated by experience; Fourth. That a proper plan of sanitary inspection of the sources of shellfish supply may be secured; Fifth. That the salt water fisheries laws may be gathered out of the Forest, Fish and Game Law, and, with necessary amendments, be brought together in one consistent statement of the law. Many minor reforms may be brought within the scope of the amendment, such as making all rentals for shellfish lands due and payable to the State upon one certain day in the year; allowing a certain number of days during which payments may be made and fixing an interest charge with a time limit at the expiration of which tenants neglecting or refusing to pay should be ousted. The law which authorizes in certain localities all land in perpetuity upon the pay- ment of one dollar an acre and providing for other long-term leases upon nominal rentals should be readjusted in order that it may be a fair prop- osition as between the individual and the State. Under the proposed bill of last year the revenues of the State would have amounted to about $40,000 as against about $5,000 under the present law. That would have been reasonable. Therefore I recommend that a law be enacted to carry out the propositions here expressed, and that the Shellfish Department be reorganized and made adequate to carry out the provisions of and enforce the law when placed upon the statute books. State Forests. The value and importance of the forest lands owned by the State are constantly increasing. The diminution of water in all our streams as the timber is cut away constantly warns us of the importance of keeping the headwaters of our rivers and creeks protected by standing timber. Nearly all the great rivers of the State rise in the Adirondack and Catskill Moun- tains. The commercial value of the water in the rivers of the State, if properly husbanded and used, is as great as the value of the coal mines of Pennsylvania. Public sentiment is rapidly crystallizing along the line of better preservation and reforestation. During the year 1907 I have had 22 THIRTEENTH ANNUAL REPORT OF THE the pleasure of addressing about too separate audiences upon the subject of the preservation of the forest, fish and game of the State, and the neces- sity for reforestation. At each place and on each occasion I have urged upon the people to plant trees upon the denuded hillsides, especially in places where the land is of little value for agricultural purposes. At the same time I have pointed out the fact that in a very short time, at the rate timber is being taken from the forest lands of the State, we shall have little if any sawing timber left. This fact is very patent when we consider that there is only about 41,000,000,000 feet of sawing timber left on public and private lands, farm lots and all in the State, and that the cut this year has been 1,500,000,c00 feet. Deducting from the total amount of timber land the 1,500,000 acres owned by the State, one. readily observes that in 22 or 23 years we will have no timber to cut, assuming that the rate of cutting continues as it has for the last year or two, and under the constantly increasing demand for lumber there is no doubt about its continuing, and therefore, no doubt about it that there will be a scarcity of lumber and a very high price for the same in a few years to come. Once storage reservoirs were not needed in the State because Nature’s reservoir was ample to retard, hold and conserve the water, paying it out into the streams gradually and keeping a substantially even flow throughout the year. As the timber disappears from the land the water runs off more readily. Floods occur whenever there is a heavy rainfall,and when the water recedes the rivers and creek beds are substan- tially dry. To lose our timber and thereby the continual flow of water in the great streams of the State will result in great commercial loss to the State, and, in places, much injury to agricultural lands. Therefore it seems very important that the State should increase its work in tree plant- ing, and that all persons owning land not especially desirable for agricul- tural purposes, should be encouraged to plant trees thereon. The value of all kinds of lumber is daily increasing, and soon it will be so great that the lumbering of hardwoods in the Adirondacks will be feasible — the price so much exceeding freight rates and the cost of manufacture that the profits will warrant the cutting. If the people of the State allow that to occur, and the hardwoods are taken off, the protection of the sources of. the rivers which rise in that section of the State will be destroyed and it PUTTING THE FIRE OUT : i ay Wey Nyse i ‘ ; FOREST, FISH AND GAME COMMISSIONER. 23 will be too late to repair the injury. The Land Purchasing Board has materially added to the holdings of the State during 1907, having purchased and made contract to purchase 46,156 acres, which will make the total amount of land held by the State 1,518,450 acres. Of this there are in the Adirondacks 1,454,383 acres —the remaining 112,072 acres being in the Catskills. Our State tree nurseries and reforested lands under the supervision and management of this Department continue to attract wide- spread attention among persons interested in the work throughout the United States. During the year 1907, as heretofore, many persons inter- ested in the work of tree growing and tree planting have visited our nur- series and plantations and have pronounced them the best in the United States. Without doubt it is advisable for the State to enter into the planting of trees on a much larger scale to the end that at least 5,000,000 trees a year may be set out. The State of New York is the pioneer in this work, and the reports of various States indicate that the State of New York has planted more trees up to the present time than all the other States in the Union, and nearly, if not quite, as many as have been planted by the States and the national government combined. The commencement of tree planting on a very large scale, and by all of the people of the State, should not be put off. It takes a long time for a tree to grow, and every year the work is delayed only hastens the time when the price of lumber will be beyond the reach of a man with small means, and the price of paper will be enormously increased to the consumers thereof. This subject, in the judgment of the Commission, demands the earnest attention of all the people, the hearty co-operation of the Legislature in the way of appro- priations, and the best efforts of everyone to save the forests of the State of New York and to furnish necessary trees for water protection and com- mercial purposes. | In saving the forest we do not mean that no trees should be cut — that would be an impossible condition. We must have lumber and we must have it for a thousand purposes. We do mean that cutting should be done in a conservative manner down only to a reasonable size, leaving a fair protection for the soil in order to conserve the water and have a new growth of trees coming on. Where the seed trees of the conifers are all cut there 24 THIRTEENTH ANNUAL REPORT OF THE is nO way of renewing the growth even partially except by planting. A conifer must come from the seed while many hardwoods come from sprouts. Therefore the hardwoods will reproduce themselves — the conifers very seldom. I am pleased to say that many lumber companies are giving better attention to their cutting operations, leaving many more trees than form- erly, and are seriously considering the necessity of reforesting their own lands. Where there were no inquiries two and one-half years ago in rela- tion to how to plant trees or reforest woodlands, there are many hundreds of such inquiries to-day. Many of our citizens are giving attention to this subject, and if seedling trees were within their reach as to cost they would plant them upon their denuded hillsides and non-agricultural lands. The nursery cost to the individual, of seeding trees from private nurseries, if they could be had at all in any considerable quantity is about $10.00 per thousand. The State can produce them for $2.50 per thousand. Two men usually plant about 1,400 trees a day. If our people could get trees at cost I have no doubt that very many would commence planting imme- diately. To my mind it would be practicable and very desirable to have the State furnish seedling trees at cost to all who would plant, or, better yet, if the way seemed clear to furnish a reasonable number free, as we now furnish fish free to stock the streams. Too much consideration can- not be given to this subject. I believe there is no more important business proposition before our people to-day. Forest Fires. The greatest enemy to the forests is fire. The woodlands of the State have suffered severely from this cause — not only public but private lands all over the State. Under the law supervisors of towns throughout the State are charged with the duty of protecting woodlands as far as possible from fires, and yet very little attention has been given to this matter by the Supervisors, although they may become personally hable for damages if this duty is not performed. I call attention to the law in this report, trusting that it may serve to make them more active in this regard. The present firewarden system of the State is very effective in preventing fires FOREST, FISH AND GAME COMMISSIONER. 25 and is undoubtedly as good or better than the system in vogue in other States. During July and August of this year we had an unusually dry season of long duration. Very many forest fires started in the Adirondack region during those months, and the danger was very great, yet under our system of fire protection it was averted, and we are very glad to be able to report that not a green tree on State land was destroyed by fire. We find that about go per cent. of all the fires that are started are caused by sparks from railroad engines, although spark arresters in locomotives are usually of modern pattern and the best known device for that purpose. Much of the danger of fire in the Adirondack region would be removed if electricity could be used as power for propelling railroad engines. Elk, Beaver and Deer. The Commission obtained from the Yellowstone Park, through the aid of the Department of the Interior at Washington, 17 beaver, which were placed in the Adirondack country this year. They and the colonies of beaver which were there are doing well and are very interesting and attractive to summer visitors. During the winter of 1907 the Commission caused to be put in the forest a considerable number of elk which, with those already in the woods, are doing well and multiplying rapidly. The change in the hunting season, cutting off fifteen days in Novem- ber, has resulted as the Commission expected in a large saving of the deer. Not more than one-half the usual number were killed and taken out of the woods during the hunting season, September 16 to October 31, inclusive. With the nonhounding of deer very well observed and the compliance with the law in relation to hunting, there is no doubt that the deer will rapidly increase, becoming plentiful and more easily obtained by those who enjoy hunting. These species of animals are great attractions and have induced many of our citizens and those from other States to go to our Adirondack forests greatly to the benefit of all the people there who having anything to sell, either personal property or labor in that section of the State. More people every year are visiting our forests, which are rapidly becoming the great recreation and playground of many people. 26 THIRTEENTH ANNUAL REPORT OF THE Changes Suggested in the Forest, Fish and Game Law. During the session of the Legislature of 1907 a very large number of bills were mtroduced in the Legislature intended as changes, modi- fications and amendments to the Forest, Fish and Game Law. Most of them were local in their character. This was no exception to the general rule, as it has prevailed for many years. Many suggestions have been made for a complete and thorough revision and rearrangement of the law, and the same seems to be much needed. As it now stands it has been built up and-built on to by every succeeding Legislature since the passage of the Act known as Chapter 20, Laws of 1900. Many of the provisions of the law are not in consecutive order in relation to subjects, and there are many obsolete, inoperative and useless sections now in the law. It is very difficult, even for a lawyer, to determine what the law is on account of the uncertainty, because of the inaccurate statement of the law and its conflicting provisions. Many exceptions to the general law have crept in through the efforts of persons in very many different localities in the State to have the open season for grouse, woodcock, quail, squirrels or rabbits to suit their own convenience or ideas — all of which have been changed or rearranged at different times. It seems very desirable to have the law as general as possible, and once established, that it should remain in that form. The law in relation to fishing is mixed and complicated, and has as many variations and exceptions as there are lakes, ponds and streams in the State. Many exceptions to the general law have crept in, undoubtedly without much consideration of the importance of having the law general. In places there are many sections where there should be only one. There are localities in the State where under the law small-mouth black bass may be caught prior to spawning and on the spawning beds, while in other places the open season commences at a later date. Game fish especially should never be taken until after spawning time. In many of the sections the wording of the law practically prevents successful enforcement, all of which shows the need of practical consolidation and rearrangement. Suggestions have come to the Department from many sources that such a revision should be undertaken by this Department, and in view of these suggestions, I have undertaken to revise the whole body of the law bringing FOREST, FISH AND GAME COMMISSIONER. Oi it together in as compact a condition as possible and making it as general as conditions will permit. In the revision the hunting season has been treated co as the “ open ”’ season instead of speaking of the “‘ close’ season. In this way everyone will be able to understand when he may hunt or fish without having to figure it out. There are two very important additions which we believe should be made to the law. First, there should be a hunting license law. The experience of many other States and countries makes it plain that such a law operates to protect game. It is easily enforced. Non- residents are made to pay for the right they get in our State to fish and hunt, and they are taxed in no other way. If such a law is enacted, it will be very useful in protecting song birds and birds of plumage, and a large revenue will be collected under it to help defray the expenses of protection, which revenue will only come from those who receive the largest amount of benefit from protection — the hunters and sportsmen. Under the law in several of the counties of the State, trout cannot be sold. That should be the general law of the State, because it has been shown that to prohibit the sale of birds or fish is the best way to protect them. Such is the law in relation to grouse at the present time. The opening and closing of the season should commence as nearly as possible at the same time in all parts of the State, especially in sections where the conditions are alike. The shellfish law should be revised for reasons hereinbefore stated under the subject of Shellfish. These ideas have been carried out in the proposed revision, which I shall be pleased to submit to the Legislature at an early date and urge the passage of the revision as presented, believing that it will be for the best interests of all the people of the State and will give us a law that can be better enforced and produce much better results. In this revision I have spent a great deal of time and careful thought, with a view only to making the law more general, simple, and as little objectionable as possible. As suggested in my last report, all the great property interests under the care of this Department are perishable and need constant and watchful care. The forests, if not protected from fire and trespass, might soon be greatly injured or destroyed. Lakes, streams and ponds if not protected and supplied with fish life by artificial propagation would soon produce 28 THIRTEENTH REPORT OF THE FOREST, FISH AND GAME COMMISSIONER. few if any fish. When the great value of the fish annually consumed by the people of the State is considered, to wit, not less than $44,000,000 worth, it is readily seen how important this branch of the service is. Without a reasonable amount of forest area we could not hope to have much water and that would not be of the right temperature to sustain fish life. Without forests we would have no home for the game birds or animals, or breeding places for either. Without forests, which are equalizers of temperature, our State would be less desirable as a place of residence and much less beautiful to look upon and to enjoy. Without forests and a reasonably constant supply of water in the lakes, ponds, and streams the agricultural lands of the State would be more or less injured. This is illustrated by the arid lands of the West. They are not productive — they are practically worthless. With water poured over them and trees planted, those arid lands would become the most valuable producing lands of the country. A country without trees is, in a sense like a house without a roof — unin- habitable. The history of China, Italy, France and other countries in this respect very clearly points out the necessity for the preservation of the forests and the conservation of the water supply of the State. The results obtained during the last fiscal year have been very encouraging. The good will of all the people of the State in supporting and enforcing the laws in relation to forests, fish and game has been shown by their active co-operation and a general, healthy public sentiment which seems to have grown rapidly all over the State in this respect. The Legislature has come to the aid of the Department in all particulars at all times and we feel that it fully appreciates the importance of the whole subject. We sincerely trust that its aid and support will be given as hereto- fore to the end that the best results may be obtained in this very important work. All of which, with the reports of the various heads of Departments which are hereto attached, is respectfully submitted. James S. WHIPPLE, Forest, Fish and Game Commissioner. Report of the Forest, Fish and Game Commissioner For the year 1908 ALBANY, N. Y., January 8, 1909. To the Honorable, the Legislature: HE law directs the Commissioner to “ annually report to the Legislature | the proceedingsforeach year * * * with such recommendations as he deems proper.”’ Herewith is submitted the Fourteenth Annual Report of the Forest, Fish and Game Commission, with such suggestions for changes in and amendments to the law as conditions seem to warrant. It is with pleasure, as well as in compliance with law, that we report and call attention to the work of this Department during the year 1908. Progress along every line has been reasonably satisfactory. A comparison (failures and successes) with the work of the last decade is invited. In that way the steady improve- ment during the year 1908 can best be understood. Much has been done; there is yet much to do. With all that we have accomplished, we are far, very far, from the goal toward which we started when this Commission was established. Attention is respectfully directed to the results obtained during the past year, which indicate to the Legislature, in a material way, our appre- ciation of the prompt and willing support given through its enactments and appropriations. We desire to thank the press of the State for the endorse- ment and dissemination of useful information in relation to the work of the Department, and all our people who have generously and intelligently united in enforcing the law and in protecting the forests, fish and game of the State. The subject matter over which we have jurisdiction is so wide- spread, so difficult to handle, that without the hearty co-operation of the 29 30 FOURTEENTH ANNUAL REPORT OF THE Legislature, the press and the public, progress in the work would be much slower. Therefore, we desire to record our sincere thanks in one of the first paragraphs of this report and do hereby make acknowledgment of the valuable assistance received from all. It will be remembered that in rg08 there was a thorough overhauling, revision and rearrangement of the Forest, Fish and Game Laws, which comprehended several new and important features. The law was simplified, strengthened and much improved. It was made general, except in a few instances. Among the many new features embodied in the revision, the two most important relate to the Marine Fisheries Bureau and the hunting licenses. It was demonstrated within six months from the enactment of the new law, that the new features were fully justified; that they would accomplish the objects sought. The Marine Fisheries Bureau has been placed on a self-sustaining footing, a better control and regulation of State lands under water obtained, fairer prices and rentals secured for land occupied, and means provided for the proper and safe sanitary inspection of shellfish, to the end that con- sumers of shellfish may know that this product, so generally used for food, is clean and wholesome. The Hunting License Law, in the short time since its enactment has, by results obtained, been justified a hundred times over. Some of the objects sought by the enactment were: First — To eliminate the old non-resident law, which was retaliatory; therefore, unequal in the amount charged residents ot different States, and absolutely unenforceable and inoperative. Second — To prevent a certain class of aliens and non-residents, thou- sands of whom use guns indiscriminately, killing at all times any and every kind of bird. Third — To do as all other States in the Union, except three, have done; make those persons who receive all the benefit from protection, contribute each a very small sum, to be used in the end for propagation, protection of game and enforcement of the laws. Fourth — To better protect human life from the novice with a gun. It is probably more than a coincidence that the record of fatalities last year was considerably lessened. How much the Hunting License Law was FOREST, FISH AND GAME COMMISSIONER. oi justified is shown by the fact that it has stopped almost entirely the pro- miscuous use of guns by foreigners along our railroads, public works and near populous communities. It undoubtedly has done more in a single year to save song birds, birds of plumage and insectivorous birds — those vital factors in the preservation of plant life —than all the combined Audubon societies have accomplished. I say this with due regard for the valuable work being done by those societies. It has served materially in enforcing the Hunting Law, because it gives every one a right to know and find out whether the law is being violated or not. Many have taken advan- tage of its provisions, availing themselves of the opportunity to find out. It has yielded, without being a burden to those who use a gun, a total revenue of more than $115,000. This will materially assist in furnishing means to establish a farm for propagating game birds, for restocking depleted covers, to provide additional protection for forests, fish and game, and to help conserve all of them. The Hunting License Law has come to stay. It will result in great benefit to all the people. After a fair trial no one would think of trying to get on without it, and he who suggests doing so will be looked upon as an enemy to game protection. Such is the history of the law wherever it has been put in force. In the revision there were a few minor omissions which were oversights, and a few objectionable things crept in because of many opinions. Yet, on the whole, it undoubtedly constitutes the best code of laws ever constructed for the purpose, and for which the Legislature of 1908 is entitled to great credit. It is the result of our experience and a careful study of the laws of other States and nations. In the judgment of the Department it should not be changed or amended, unless it can be very clearly shown to be radically wrong. The forestry article, on account of proposed reorganization of the fire fighting service, may need amendment. An examination of the reports of the last three years will show the constant annual improvement along every line of work with which the Department is charged. The service, in the judgment of heads of departments within the Commission, has been radically and beneficially improved. On the whole, much better service is rendered by the entire complement of employees. Many changes have been made in the force of protectors. The field has been divided into seven sections, 32 FOURTEENTH ANNUAL REPORT OF THE and an assistant chief protector placed at the head of each division, who is responsible for the work in his section. There is greater respect for the law among the people, and more assistance rendered by them in its enforcement. There is a marked decrease in violations, and the value of reasonable pro- tection is much better understood. Nowhere is this improved condition more noticeable than in the lesser number of trespasses on State land. The total amount from all sources for each of the last five years, collected by the Department, is shown in the following statement: TQM her euahasy harem Sesbatatie « iite shese ocd Sk gc Ske ae ene eae me coi ea ae $23,636 66 DO OG eg cot a aad ccapa wikns ph lak tip bre (oven ciie0dy ya Ny Sa 58,548 08 EQ OOS iu sieoecrme tens Goste gerd ous) oc cite see gee eRe een ee ate a 61,366 03 TQ Oe, Bunya nae eos Mio peis eoieia yale, GLEE G RiGI Ieee ees a SIGE eee EINE per ere ae S22 OAme TT HO OST, aia ate Gosne avaye tat sue ke slept CRON Menace) sie EEO ETE Sec arte Tea OWNS Te The large increase in collections for the year 1908 is primarily due to the Hunting License Law and the Marine Fisheries Law. The Department is now more nearly self-sustaining than ever before. With proper manage- ment of State land, a better utilization and conservation of water supply, use of ripe, down and dead timber, and closely restricted occupation of land for cottage and camp sites, enough money could be saved from that which is now annually wasted, to pay all expenses of the Department, even on a much more efficient plan of service. With the law as it should be, these resources would also yield sufficient revenue to purchase all the additional land the State’s interests demand. The methods which should be employed to obtain this much desired result, and the necessity for it, are subjoined under the forestry section. The willful trespasses were less during 1908 than any previous year, aggregating 25; all of them were small. Twenty- nine old ones, which had been committed prior to 1908, were discovered, such as cutting fire wood, or a tree here and there. The total violations of all kinds during 1908 were 742. There were 413 former violations undisposed of January 1, 1908, making a total of 1,155 all told during the year. Three hundred and six were placed in the hands of the legal department. Eight hundred and forty-nine were disposed of directly by the Department. Total disposed of, 1,043, leaving unsettled 112. A complete statement of the work done by the legal department will GAFFING A SALMON F ne re ie Da vanis ie Ar ia FOREST, FISH AND GAME COMMISSIONER. 33 be found in the report of Chief Attorney J. K. Ward, which will form part Olumis report: Hatcheries We now have nine fish hatcheries. They are located at Bemus Point, Chautauqua county; Caledonia, Livingston county; Bath, Steuben county; Constantia, on Oneida lake, Oswego county; Old Forge, Herkimer county; Saranac Inn, Franklin county; Margaretville, Delaware county; Linlithgo, Columbia county, and Cold Spring, Suffolk county. The output from these hatcheries has been increased each year since 1904. That year the State hatcheries produced about 111,000,000 fish. In 1908 it has been increased until the production has reached the large output of more than 400,000,000 fish. It will be noticed that in less than four years, with practically the same expenditures, the annual output has been quadrupled. The black bass ponds at Constantia — which were established about two years ago — doubled the production of bass over that of the first year, and are a decided success. At the Linlithgo hatchery we have demonstrated how easy it 1s to propagate and rear shad to fingerling size in a few months. The hope that we could do much to restock the Hudson river seems sure to be realized. When the pumping station there is established in the spring we will have at Linlthgo the finest plant for the propagation of black bass, trout and shad in the State. For full information on all the hatching stations, please see the Report of Dr. Tarleton H. Bean, fish culturist, and of the foremen of hatcheries, which will form part of this annual report. Shellfish Agreeable to recommendations contained in our last annual report the Legislature amended the Shellfish Law, under which that branch of the Commission has been placed on a better and more efficient basis. We are now fairly well prepared to have justice done the State, to increase our revenues from that source, to benefit the great industry of shell fisheries, to assure a Sanitary and safe product of oyster beds. For the year 1907 the revenue from this branch of the business was $4,836.18. For 1908, $6,950.93. This amount will be much augmented 3 34 FOURTEENTH ANNUAL REPORT OF THE by the annual tax levied on leased grounds as soon as the law becomes operative. All the facts will be found in Superintendent Wood’s report hereto attached. Elk, Beaver and Deer The elk and beaver put into the preserve are rapidly multiplying, and adding greatly to the pleasure and interest of summer visitors. In time, if they are protected and let alone, they will increase in such quantities that they may be seen at almost any time and place. The deer, under the present law, will multiply fast enough to furnish good hunting for all, and any one, not necessarily a hunter, may take in the Open season, in a proper manner, the number permitted by law. State Forests The following table will show the number of acres of land owned by the State on December 31, 1908 — that which has been purchased but not yet conveyed to the State. ForEST PRESERVE Adirondack Preserve: misc ace naar ge are ee te 1,438,999 Catskill’ Preservetitees (Saiiire hos MR tateieg contra en ning: 109,451 1,548,450 Purchases, conveyed 1908 Adirondack hreservennnnccterce rt eet ea ee 61,627 Catskill “Preserve aca tenae anti y oeratee ee eee Rene 1,740 63,367 Motaltacreage conveyedito the: state acts orn maeeerers L ODT Sitay Area, January I, 1909 Adirondack Preserve (December 31, 1908): .--...: 1,500,626 Catskill Preserve (December 31, 1908)............ Tit plo IPSS Ciratped Tie care ve atta peg ere eis pa ra teller at men ae CU eg cea 1,611,817 FOREST, FISH AND GAME COMMISSIONER. 35 Lands Contracted For, Not Yet Conveyed INGinondackmeTeseEviery wont. he dais oe hceee 24,648 Crrslailltereseivengis shear t ce the sia wires the Gane ee af: 19,295 Gee ST Pee 43,943 dotalracreare ownedrand contracted fomin. ss. 2200 455404. - 1,655,760 In former reports we have laid much stress on the importance of our forests and especially on the necessity for their preservation and proper use. As timber in the country decreases, its value increases and its impor- tance as a conservator of water supply more clearly appears. Many things have transpired during the year just closed to especially call our attention more pointedly, than ever before, to these matters. During the year 1908, two notable conferences were held at Washington, presided over by the President of the United States. These conferences were attended by nearly all the Governors of the States, members of the Supreme Court of the United States, Cabinet officers, United States Senators, and members of Congress, presidents of colleges, agricultural and forestry schools, engineers, representatives of scientific societies, and many others, among whom were such notable personages as Mr. J. J. Hill and Mr. Andrew Carmnesie.)) ihe facts produced and discussed by learned men at those conferences attracted the attention and startled the whole citizenship of this Republic. Through discussion had there, the reports on facts collected by the National Conservation Commission, by the efforts of its members and State departments, all who read have been made aware of the importance and value of our national resources. The people are becoming cognizant of the ominous conditions prevalent on every hand, the rapid diminution, the threatened shortage and the disastrous results that invariably follow the destruction of a country’s forests. Then, too, during the last summer and autumn, a long protracted drought prevailed. The water in many streams dried up, fires sprang up everywhere as by magic, the timber growth on forest land, in spite of the most strenuous efforts to protect it, was destroyed and millions of dollars worth of woodland property was devastated. Hardly a State, or county in any State, escaped without some loss. In the Catskill and Adirondack regions more than $800,000 worth of damage was done, with a large resulting injury to refor- 36 FOURTEENTH ANNUAL REPORT OF THE . estation that cannot be well figured. An expenditure of more than $189,000 in fighting fires was entailed. The State and private property will not recover from the loss in tree growth in fifty years. These fires were not the first ones, nor the most disastrous from which the State and the whole country have suffered. Every year there are more or less fires; andi the waste and damage is enormous. Experts claim that more timber has been destroyed by fire than has been cut and legitimately utilized. The loss by fire, insect disease and commercial use each year 1s four times greater than the natural production. That alone is enough to startle even the most thoughtless person. Fires are started in many ways; more by sparks and coals from railroad engines than from any other source. Had not a better patrol system on the railroads been established last spring by this Department, it is doubtful if we would have much green timber standing. The truth of the foregoing suggestion is shown by the fact that many hundred fires were started along the railroad rights of way in this manner, and were promptly extinguished before damage was done. Any one of those fires might have resulted, if allowed to run, in a great conflagration and much destruction of property. Yet, in spite of every effort, eighty-six disastrous fires originated in that way. The loss of commercial timber is the smallest part of it. The destruction of new growth, burning up the soil where it thinly covers the rock formation, preventing reforestation for long periods of years, setting back Nature’s work to again cover the ground and protect the water flow, is a resulting damage that cannot be estimated in dollars and cents. The following comparative statement of forest fires during 1908 with those of 1903, when the forest fire loss reached its maximum, is interesting and instructive. The results attest the greater efficiency of this Department as now administered. Adirondacks and Catskills 1903 1908 INtima be mao festie Sian een oe em poeta emtigied wth caiman ey cacti age 377 605 NRA) OLE eslraal] YSselkaaiCl NEUBNCL bo ggg ae dc eoowacuceees. 312,590 198,149 WeresrOfmvasbelandab tine diner mye erie tenes 187,928 169,923 500,518 368,072 FOREST, FISH AND GAME COMMISSIONER. 37 Fire loss: 1903 1908 ACU cmt CT Rene ans (6 SER aoe Wiesel csiclapets ects. 3-0 POQS 282 $629,084 EH oNyOOCeamGMlOSS man as nA gees sueere clas, «Side Sins ens = 153,391 128,528 Huei cht Shy anette clenhaile welecs os ae) ei meee ein at 34,443 44,523 $883 , 116 $802,135 WC SSimOlmileatGitd SITE Sienicts Gecy ache lstevers ear ereuey acy everocacnes $153,000 $189,661 These figures are very significant. The period of drought was more severe and considerably longer in 1908 than in 1903, thereby making the fire danger much greater and affording what was probably the most favorable condition for conflagrations ever known in the Adirondack region. Please note the larger number of fires in 1908, yet the acreage burned over was less than three-fourths of that of 1903 and the loss one-tenth less. These results cannot be explained,— in view of the infinitely worse conditions of the past year,— except by greater departmental activity, and volunteer work done by individuals. An important factor was, that for the first time we had established a thorough patrol on the railroads, whereby Over 2,400 incipient fires were extinguished before serious damage was done. Many of these fires are not included in the above tabulation. Yet, as already said, there were eighty-nine fires started along railroad lines which resulted seriously. There seems to be no good reason for the provision of law that requires the State to pay one-half of the cost of patrolling railroads. The con- dition is created by railroad companies and should be cared for by railroad companies. In order to get them patrolled, the State should have the right to put the patrols on as necessity requires, and the railroad companies should pay for the work necessary to protect the forests from fire from this cause. Reasonable provision has never been made to protect our forests from fire. Fires are the one great danger. The cause and opportunity for fires, so far as possible, must be eliminated. That this may be done, a system of paid patrols should be established. For this work, only the best men will suffice. They ought to be well paid so that good men may be secured. The Commission should have a free hand in selecting them. They should have ample authority to enforce their orders. Danger from fire is so imminent, the necessity for preservation so great, that, at whatever cost it may entail, 38 FOURTEENTH ANNUAL REPORT OF Ti. railroad companies operating within the forest preserve of the State should be compelled to use some substitute for coal for fuel; something that will not create fire to be thrown from grates or stacks into the dry, powder-like growth that abounds along their rights of way. Plainly, it is a question of change in this respect or no forests. There ought to be no question about our choice, and no hesitancy about putting it into operation. If the fuel question was eliminated, the problem would be much simpli- fied. As in Vermont, a law should be enacted giving the Governor authority to suspend the hunting season in time of drought, prohibiting hunters and campers from going into the forests. One hundred fires were set by hunters, ? 27 by campers, 19 by fishermen; 136 in all from these causes. All of this ~ danger should be eliminated and severe penalties imposed on those who carelessly or negligently set or cause fires to start. In fact, every instru- mentality should be given and applied to prevent forest fires. During the last year in the United States, more timber was cut for commercial purposes than ever before in a given year. The total cut amounts to more than 41,000,000,000 feet board measure. Following close upon the heels of this great destruction in tree growth is the constant decreasing supply of water in our streams, greatly reducing the availability of many mulls and factories, lessening their productiveness, distressing the people in many municipalities of the State by the shortage of pure water supply, affecting agricultural land to a marked degree, and gradually reduc- ing the available water horse-power in nearly every mountain stream in the country. Coincident with this rapid destruction of natural resources our popula- tion in the nation is augmenting so rapidly that, in fifty years, we will number at least 200,000,000 souls. The demand for lumber is increasing faster than our population, and the supply is decreasing faster than the increase of population. In our last report we called atterition to some of these facts and urged upon the people the immediate necessity of doing all in their power to conserve and restore these resources, so bountifully bestowed and so prodi- gally used. We now renew those suggestions. We again urge the necessity for a change in our law that will permit of better management. The avenues of escape from a condition that will surely confront and FOREST, FISH AND GAME COMMISSIONER. 39 menace near future generations, though few, are plain and easy to follow. This observation at present apples to private land. Timber on State land under the present Constitution,—unfortunately,— cannot be cared for in a “practical manner, nor cut or used. We can only protect it from trespass and let it rot. We cannot clean it out when burned, or down ripe and old. The public cannot have the use of timber that is fast depreciating in value, thereby shortening the supply, adding to the demand and increasing the price. We cannot utilize our enormous water power which should yield to the State a large annual revenue. We cannot, without great cost, reasonably protect our forests from fires, because of the thousands of fire traps left by lumbermen, by other fires and windfalls, ready for the spark from the locomotive, the carelessly left camp-fire, or cast-by lighted match. For these reasons, regulations suggested apply to private property and will so apply, until the State’s property can be handled under an amended Constitution in a more sensible and business-like way. It is the belief of this Department that the State has ample inherent power to control the use of private property in such a way that public interests may be best served and protected. The power in the State for this purpose should be invoked to prevent in certain localities the cutting of trees below ten inches in diameter, and to compel the clearing up of refuse. This is a matter of regulation and may be done for the public good without the confiscation of private property. If this right to control private prop- erty to some extent does exist, then no one should be allowed to cut trees — at least in certain places where water sources would be affected — below ten inches in diameter, and individuals should be compelled to clean up the debris left after lumbering, thereby removing opportunity for fires. The law should permit State property to be protected in the same way, at least so far as to remove the danger from fires. To encourage tree planting for commercial purposes, it should be made as attractive as possible by legislative acts, encouraging thereby each one to plant trees who has a waste acre of land fairly safe from fires. Trees should be furnished below cost, and land dedicated to tree growing and planted ought to be exempt from taxation. These are the lines to follow, and the only ones that seem to lead to safety. The State owns many acres of land outside of the Blue Line in the 40 FOURTEENTH ANNUAL REPORT OF THE sixteen counties in which our forest preserve hes. These lands are detached, widely separated, small parcels surrounded by private holdings, difficult to protect, most, if not all of them having been lumbered. It would be wise to dispose of these parcels of land by sale, the proceeds to be used to purchase land within the Blue Line, or to exchange them for equally valuable lands inside the park limits, and thereby consolidate our holdings. Under the Constitution, this cannot now be done. To us there appears no good busi- ness reason why the Commission should not have this authority. To exchange or sell these lands would be that which any prudent man would do with his own property under lke conditions. Forests, if rightly used and managed, perform for the people certain definite and important offices. The more important ones may be enu- merated as follows: They constitute a home and breeding place for game animals and birds; they protect the source of water supply and regulate, to a great extent, the continued and even flow of water. By protecting the water supply, fish-life is sustained, pure water is insured, the soil better irrigated and made more productive. Woods help to regulate the temperature, and, it is believed, have an appreciable effect in increasing rainfall in certain localities. They act as wind-breaks; they add oxygen to the air and purify it. One of their most important offices is to furnish wood for all the thousands of purposes for which wood is used. For the health and enjoyment of man they form the most complete panacea for human ills and the most perfect place for recreation known. They are Nature’s great sanitariums. These are some of their principal offices. For these purposes our forests should be managed and used. If we fail to use them for all these things, a loss to the people follows. If we fail to preserve them, according to history in such cases, disaster follows. In our case, both future and present generations would bear the loss, but the present would be disgraced. The State now has nearly 1,700,000 acres of woodland. How are we using it? The question is easily answered. We are using it better then ever before, because we are pro- tecting it from man’s rapacity. We are not protecting it sufficiently from fire. We are giving it such protection as we can under prevailing condi- tions and with means at hand, yet that is inadequate. No protection is good enough except perfect protection. FOREST, FISH AND GAME COMMISSIONER. 41 As a whole people we are not using our preserves at all. Compara- tively 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 major- ity 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, leav- ing 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 pro- vide 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, hold- ing 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 illus- trated 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 42 FOURTEENTH ANNUAL REPORT OF THE materially injure, delay, and perhaps prevent the construction of the reser- voir. 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 PaulSmith 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, safe- guarding 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 pur- chased 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 FOREST, FISH AND GAME COMMISSIONER. 43 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 1s now being des- poiled chiefly by the cutting of the timber. This cutting, which was profit- able 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 direc- tion 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 44 FOURTEENTH ANNUAL REPORT OF THE 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 invest- ing money for such purpose would necessarily become an interested forest protector. Third — If the Constitution was amended in a way to allow a well- defined 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 ztself, 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 FOREST, FISH AND GAME COMMISSIONER. 45 was held at the Commissioner’s office December 29, 1908, and the sugges- tions 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 locomo- tive 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. c. “‘ 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 per- sons through whose carelessness or negligence forest fires start. e. “ 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. 46 FOURTEENTH REPORT OF THE FOREST, FISH AND GAME COMMISSIONER. We submit this annual report with the satisfaction of knowing that better work was done during the year 1909 than ever before, and with the belief that, in view of the general awakening among all citizens of the State and nation to the necessity for better protection for forest, fish and game, advancement in these respects should be more rapid in the future than it has been in the past. All of which is respectfully submitted. JAMES S. WHIPPLE, Commissioner. LUNCH AT HALF WAY HOUSE Report of the Forest, Fish and Game Commissioner For the year 1909 ALBANY, N. Y., January 5, 1oro. To the Honorable, the Legislature: EREWITH is submitted the Fifteenth Annual Report of the H Forest, Fish and Game Commission, with suggestions and recom- mendations. The law as it now stands, with a few exceptions, is satisfactory to the Commission and, we believe, to the people generally. There are more exceptions than necessary, and if some of them were taken out the law would be improved. It should in all cases be general and apply to all persons and places alike as far as possible. The present fire law was drawn by a committee of men not connected with the Commission or the Legisla- ture, and in relation to the so-called fire towns should have been modified. It takes in one hundred and fifty towns that should not have been covered by it, and for which there is no justification any more than there would be to include the towns of all other counties of the State. State control of fires should only be invoked in localities where there are large State holdings in the sixteen forest preserve counties, and therefore should have been limited to the towns heretofore known as “ fire towns.’’ In this respect the law should be amended. For several years an effort was made to contract the open season for deer, which finally resulted in an open season from September 16th to October 31st, inclusive. In 1909 the statute was amended extending the 47 48 FIFTEENTH ANNUAL REPORT OF THE season permitting the killing of bucks from November ist to the 15th, inclusive, which in effect extended the open season for all deer fifteen days. That was not the intention of the author of the amendment, but has been the result as evidenced by the prosecutions for violations under the amended law for illegally killing does during the fifteen days and by the taking of many does by hunters, campers and especially residents of the woods country for which the department has been unable to fix the responsibility and punish the violators. Anyone familiar with hunting and who under- stands human nature and human fraility must know that many does under such a law will be shot by mistake, many purposely, and used in the camps and in the homes within the deer country.. There is only one way; that is to close the season for all deer at one and the same time. It would have been much better to close the season entirely on does allowing only bucks to be taken, than to have extended the season. This year at Long Lake West, in one day, there were twenty-eight deer shipped, only one of which weighed over eighty pounds. The taking of so many small deer is fast exterminating the species. A law for bucks only would help save our deer and in the end be much better. Forty-six days is long enough for an open season in a State with nine million population and no more deer country than we have. Between those who hunt (and they are legion), and the lumbermen who are rapidly destroying winter cover and winter food for deer, these beautiful, valuable animals are having a hard time of it. If we look to the preservation of this noble game for future use (and we most assuredly should) thirty days is ample for the open season. The amend- ment of last winter should be stricken out, or an open season for bucks only should be made. The Long Island duck law relating to brant and the possession of duck after the shooting season should be changed. There may be other and much desired amendments, but unless the necessity for amendment is very plain and conclusive we believe the law should remain as it is. We might better suffer a little from certain ills now experienced under the law, than to be constantly tinkering with it. Each year we have called your attention to the work accomplished and invited comparison with preceding years. We do so now. The aim FOREST, FISH AND GAME COMMISSIONER. 49 of the department is to make substantial improvements in the service and results each succeeding year. We feel that in these respects the year just closed is no exception, and that marked progress has been made. The records show an increased efficiency in the force of protectors; their present organization is better than it has been heretofore; the personnel of the force is higher; the interest of each person in the work, from the head of that branch of the service to the last man, is greater than ever before. I am pleased to report this fact, because it is true and because the men have earned more than honorable mention. Marine Fisheries The marine fisheries department has made a fine record this year. The titles to many pieces of land under water heretofore leased or alien- ated by grant, have been recovered to the State on account of nonuse, nonpayment of rentals or other causes; the ownership under leases made during past years, and which have been sold, subdivided and transferred from one person to another, have all been located in the names of present owners. A much larger revenue has been obtained and the work of the department placed on a sound business basis under the revised law of two years ago. To bring this branch of the work from a chaotic condition to a business basis only required a law giving reasonable power to the Com- mission, and providing reasonable rules under which the business could be managed. That branch of the service is practically self-sustaining, and in time, with slight amendments to the law will produce a considerable annual revenue over and above the cost of running the department. The legal department has handled an unusually large number of cases during the year in a successful and satisfactory manner, saving to the State much valuable property, successfully prosecuting offenders, without persecuting them, which has produced a more wholesome respect for the law and its enforcement. Work everywhere in the department is rapidly increasing; the office ' force im the main office at Albany is no longer large enough to dispose of the current day’s business in a satisfactory manner. We badly need two more stenographers and one more good accountant. 4 50 FIFTEENTH ANNUAL REPORT OF THE The total of all trespasses, as it should be, is less for 1909 than here- tofore. Fewer violations of the law, with greater activity in the depart- ment to detect offenders, indicates a more wholesome respect for the law and a greater desire to conserve and protect our forests, fish and game. We want to see the time when there will be few or no violations and all people will assist in upholding and enforcing the law. Then we will have birds, fish, game and forests enough to supply all our reasonable needs. This department ought to be self-sustaining; not only that, but it should raise, through its instrumentalities in handling the State’s business, enough money (beside that required to defray all expenses) to buy all the additional land the State may need; to care for it; to protect it; to pay the taxes and improve it. In other words, we ought to be able to do just what an individual or business corporation, owning the same property for the same purpose, would do in making it self-sustaining; and at the same time keep, preserve and use it for a forest preserve and playground forever. Why not? The reason for such management and how it should be done will be more fully set forth under the head of “‘ State Forests.” Hatcheries. This year we produced and distributed 530,000,000 fish, which is about five times as many as were distributed in a single year five years ago. In this connection I desire to particularly call the attention of the Legislature to the work of Dr. Gaylord, in charge of the State Cancer Laboratory, Buffalo, N. Y., as to the service he has rendered this depart- ment in his study of diseases of fish at some of our hatcheries and in the United States hatcheries of various other states. The work accomplished by Dr. Gaylord is of great benefit to the State of New York in relation to diseases of fish and points the way to a better construction and manage- ment of fish hatcheries and rearing ponds. Further than that his experi- ments and discoveries will undoubtedly result in great benefit to the whole people when his work is fully completed and his final report made. More than this it may not be proper to state at this time. FOREST, FISH AND GAME COMMISSIONER. State Forests. Forest preserve, January I, 1909: ACRES ENGlin@MmGaAckPrESEL VE. fig ee er woe ae 1,481,998 aS RESERVE. coc) Gols Flew hin hetls Gere bt 106 , 876 Acquisitions: conveyed 1909: ACRES PAEMOMGACKS 4) s WSSexa COUMbY, =. 5.1: Oo hteeasrallcaliitiaen ce © Uitaltny anew 77 elamarhbomcountiyas 292 Herkimer county*... 45,359 Warren county: == -- 249 See 48,561 Catskills: Delaware county.... 80 Greene county o- 2B Wister county 25 3988 AR Ocul Barta ety Cote aeN Is 52,549 Adirondack preserve: ACRES SEMIN eee OOO tee aie tach eres 1,481,998 PACUMInCC Mtr CUS ss ae dno eee e Ls 48, 561 Catskill Preserve: AlencratvapenOOO MAC. eA ee ee aes 106 , 876 PNG OUI UM ueereen In ei at cre autho SLA kee send « 3,988 SUMMARY. December 31, 1909. PMG O MGA KORCSCIAIC =e, Min ewe Nd ee eat fie MNS We Wares ial ORESeI Cree aren ee te ee yn Ve eee oss ars is asain a IN otra) reer w ete aren ener Stee cg CS ALA a Maeccac res \aary ay phase Contracted for (not conveyed) : ACRES ENGIROMGAC A DTESERVEH (2 yt a4 cela oss 676 Catskills oresenvies sa cits a riaiae se tale Wine a 6,431 * Of this amount, 33,801 acres were acquired by condemnation. + Of this amount 255 acres were acquired by condemnation. 1,041,523 51 1,588,874 T, 530,559 110,964 Te OEE S28 ACRES Oona 9, 110,964 7,107 52 FIFTEENTH ANNUAL REPORT OF THE During the last session of our Legislature, the laws relating to our forest possessions, brought about by public necessity were radically amended in several respects, more particularly in relation to protection from fire with especial attention to railroad rights of way and railroad patrols. The particular features of the amended law of most importance are: First. Those which provide for the cutting off of limbs from the tops of coniferous trees when felled, that they and the tops may lie flat down on the ground, gather and retain moisture and soon rot. Second. For a paid fire patrol. Third. For the construction of observation stations on mountain tops, and telephone lines through the forests connecting up the stations. Fourth. That the State pay, in the first instance, all of the expenses of fire fighting, half to be rebated by the towns where fires occur. Fifth. Providing that railroad companies pay the whole expense of patrolling their rights of way. Sixth. That daily, weekly and monthly reports be made to the department of fires on matters relative thereto. Seventh. Making town supervisors part of the fire-fighting force. Under this revised law a very satisfactory result has been obtained, which the following statement will show: The results of the operation of the new fire law, which was out- lined in the Commissioner’s office before a conference called for that pur- pose, December 29, 1908, up to and including November 5, 1909, are as follows: The total damage amounts to about $25,101. 11,967 acres burned over mostly in old burnings. Of this area, 11,769 acres are private hold- ings and 198 acres are State land. Over 250 fires have been reported. In the Adirondacks the damage amounted to $10,251; in the Catskills, $12,875. These figures show a total fire loss for each of the sixteen counties in the forest preserve approximating $1,618.18, as against an average loss for each county of $40,249 last year. In 1908 there were 177,000 acres burned; this year 11,769, nearly all old burnings. In 1908 each fire repre- sented 252.8 acres. Figuring on the present basis of efficiency under the new law, 3,766 fires would have had to occur this year to burn the number of acres 700 fires burned in 1908. In other words, the new system of fire FOREST, FISH AND GAME COMMISSIONER. 53 fighting has confined the burned area to 47 acres per fire. The average loss in each forest preserve town this year is only $5.76. Last year it was $4,915.77 per town. New system 1909. With Old system 1908. 281 towns; more With only 131 than twice as towns. much territory. ES Se ies ead een See gis cite et aleve $644,000 $25,101 PMGRSSH NUE eGo awereueNoccne oeee aae so Me ceeunii as 177,000 LOO Mite crete yt er Ree ee A wee ance Garo nessa ts athe 700 250 iitercase imerictencey basedvon number Ofiires: 5222... 5..-- 180% Increase in efficiency based on number of acres burned...... 1,303% Considering the much larger territory to watch and protect, the small total acreage and number of fires are very significant. The actual result has to some extent been affected by different weather conditions in the two years. Owing to the observation stations and a paid fire fighting force this year the fires were gotten at immediately and extinguished, in nearly every case, quickly. They were not allowed to gather headway and burn large areas. On the other hand, it has not been as dry as last year, yet fires burned much later this year than last. Many times, if the old system had been in use, large conflagrations would have ensued. ‘The point is to get at the fire when it starts. Total Money Expended. There has been expended during 1909, up to and including November sth, $40,175.41. This expenditure was divided as follows: Dadlahies Of stiperimeendents and pavrolmen....1....--...-.- $15,224 57 Baspensesior above-named employees... ....-............- 8,407 46 DiitteoMeNCI SESH ee Crain deen ie ee hy ah dees 1,199 72 Permanent telephone construction and mountain observation SCM O0 Shame yeep the tear cardeath wate lie Ne Sha 5,958 46 ONG OLN eee ea eee ead A Ne ekg 837 19 Soe GialanOnkeemnalimomthailsa a Ge Np Le mie Hoenn ws TSS Pay and keeping of laborers and others actually fighting fire. . SAEs $40,175 41 54 FIFTEENTH ANNUAL REPORT OF THE There should be deducted from this amount one-half of last item, or $4,206.26, charged to towns and to be rebated to State, leaving the State’s total expense to November 5th, including cost of telephone lines, observa- tion stations, tools, etc., which are permanent and which will not have to be again provided for, $35,969.15. All told, a fine result justifying the plan and the judgment of the conference of December 29, 1908. In addition, every fire superintendent and patrolman has assisted in enforcing the top- lopping law and the forest, fish and game laws generally, bringing about a ce ” much better condition in the “ forest preserve counties. The foregoing results seem to justify the law, and it is believed when the whole system is tied together with observation stations and telephone lines, the force well drilled and equipped, and town supervisors are thoroughly awakened to their own responsibilities and duties, our forests will be much safer than heretofore. Several important legal actions relating to land titles, long pending, all of which were inherited by the present administration and which have been in process of trial and retrial for many years have been disposed of. Notable among them was the Golden action, which affected 35,000 acres of the finest timber land owned by the State. Finally it was settled, clearing up the title to all that land, and making the State’s title forever secure. The action of the Saranac Land and Timber Company against the State, defended by the Attorney-General’s department, pending twelve or fifteen years, several times tried, once in the United States Supreme Court and finally decided against the State, in the Court of Appeals, on a new point not at first considered, is now pending in the Supreme Court on a new trial granted to the State as a matter of right on the application of the present Attorney-General. This is an important action involving the title to several thousand acres of land on the middle and lower Saranac lakes. Whether originally this case was properly handled and defended or not, whether or not the plaintiff should have had a new trial when the case came back from the United States Supreme Court, is not for us to suggest. Now at least it is in good hands —that of the present able Attorney-General — where it will be cared for and defended and the States’ interests fully protected. Many other actions have been disposed of, all of which will be set forth in the annual report of Mr. John K. Ward, chief SURE GREECE wat ee FRIED BACON SNe FOREST, FISH AND GAME COMMISSIONER. 55 counsel for the department, in his report to the Commissioner, and published in the annual report. In every report, during the later years at least, attention has been called to the extraordinary importance of our forests. Every day there is additional evidence that all persons appreciate more keenly the necessity of preserving the forest growth on all of the poor land in the State, especially at the source of streams on the steep slopes and mountain tops. The standing timber in the State, of value, is rapidly decreasing. The natural growth is not more than one-fifth of the annual loss. It was entirely proper and natural to clear the rich valley lands and make farms where once the forest stood. That was necessary to progress and prosperity. It was never right and never will be, to cut away all the trees from the thin poor soil on the hillside, leaving it to erode and wash away, exposing the rock and sand, creating a condition that renders such places forever unpro- ductive and worthless. Such parts of private and State holdings should always grow trees. In no other way are they of any value. Not in loss of timber elone are we suffering. Every year the total constant water supply seems to be materially less. This loss of steady flow of water seriously affects the availability of many manufacturing plants lessening their total product and decreasing the number of days of employment of labor and affecting in many places the productiveness of agricultural land. Argument and statement of facts, unless something is done immediately to call a halt in timber destruction, will cease to be a virtue. In my report, the facts about our forests, the lessening water supply, the danger just ahead of us in a shortage of wood for commercial purposes, the dire effects following the total denudation of a country were fully set forth. The facts therein presented are not overdrawn. Your attention is most respectfully called to that report, especially the following observations: “Coincident with this rapid destruction of natural resources our population in the nation is augmenting so rapidly that, in fifty years, we will number at least 200,000,000 souls. The demand for lumber is increas- ing faster than our population, and the supply is decreasing faster than the increase of population. 56 FIFTEENTH ANNUAL REPORT OF THE “Timber on State land under the present Constitution, unfortunately, cannot be cared for in a practical manner, or cut or used. We can only protect it from trespass and let it rot. We cannot clean it out when burned, or down, ripe and old. The public cannot have the use of timber that is fast depreciating in value, thereby shortening the supply, add- ing to the demand, and increasing the price. We cannot utilize our enormous waterpowers which should yield to the State a large annual revenue. “Tt is the belief of this Department that the State has ample inherent power to control the use of private property in such a way that public interests may be best served and protected. The power in the State for this purpose should be invoked to prevent in certain localities the cutting of trees below ten inches in diameter, and to compel the clearing up of refuse. This is a matter of regulation and may be done for the public good without confiscation of private property. If this right to control private property to some extent does exist, then no one should be allowed to cut trees —at least in certain places where water sources would be affected — below ten inches in diameter, and individuals should be com- pelled to clean up the debris left after lumbering, thereby removing oppor- tunity for fires. “Trees should be planted yearly by the millions. To encourage tree planting for commercial purposes, it should be made as attractive as possible by legislative acts, encouraging thereby each one to plant trees who has a waste acre of land fairly safe from fires. Trees should be furnished below cost, and land dedicated to tree growing and planted ought to be exempt from taxation. These are the lines to follow, and the only ones that seem to lead to safety. “The State owns many acres of land outside the blue line in the six- teen counties in which our forest preserve lies. These lands are detached, widely separated, small parcels surrounded by private holdings, difficult to protect, most, if not all of them, having been lumbered. It would be wise to dispose of these parcels of land by sale, the proceeds to be used to purchase land within the blue line, or to exchange them for equally valuable lands inside the park limits, and thereby consolidate our holdings. Under the Constitution this cannot now be done. To us there appears no good ee ee FOREST, FISH AND GAME COMMISSIONER. 57 business reason why the Commission should not have this authority. To exchange or sell these lands would be to do that which any prudent man would do with his own property under like conditions. “ Forests, if rightly used and managed, perform for the people certain definite and important offices. The more important ones may be enumer- ated as follows: “ They constitute a home and breeding place for :game animals and birds; they protect the source of water supply and regulate, to a great extent, the continued and even flow of water. By protecting the water supply, fish life is sustained, pure water is insured, the soil better irrigated and made more productive. Woods help to regulate the temperature, and, it is believed, have an appreciable effect in increasing rainfall in cer- tain localities. They act as windbreaks; they add oxygen to the air and purify it. One of their most important offices is to furnish wood for all the thousands of purposes for which wood is used. For the health and enjoyment of man they form the most complete panacea for human ills and the most perfect place for recreation known. They are nature’s great sanitariums. These are some of their principal offices. For these purposes our forests should be managed and used. If we fail to use them for all these things, a loss to the people follows. If we fail to preserve them, according to history in such cases, disaster follows. In our case, both future and present generations would bear the loss, but the present would be disgraced. The State now has nearly 1,700,000 acres of woodland. How are we using it? The question is easily answered. We are using it better than ever before, because we are protecting it from man’s rapacity. ~ As a whole people we are not using our preserves at all. Compara- tively 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 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 58 FIFTEENTH ANNUAL REPORT OF THE 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 main- tenance 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 unemployed, 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 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 horsepower, is, excluding Niagara and the St. Lawrence rivers, about half of all which we have. Why let more than 500,000 water horsepower, which money is waiting to develop, run to waste? Why not employ the money and labor necessary to apply this greater 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 horsepower 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.” The Legislature last winter very wisely amended and strengthened the forestry law in relation to fire protection, and the results worked out and hereinbefore set forth fully justify that legislative action. The new provision of law to help protect the forests from fire by making the fire danger less, to wit, the top-lopping law, was put into operation all FOREST, FISH AND GAME COMMISSIONER. 59 over the Adirondack and Catskill forests and quite effectively carried out. Nearly all the lumber companies and those felling trees cheerfully complied with the provisions. Ina few cases legal proceedings had to be commenced to enforce the law. It has taken much time of our men to inspect the work and thereby made considerable extra expense. But the end sought justifies the means. It needs no argument for a practical man or careful observer to understand its effectiveness. That would be so even did we not have marked examples of the results. Fortunately we have such examples. About ten years ago, on the Whitney preserve, for two years some logging jobs were handled as the law now prescribes; others were carried on in the old and ordinary way, leaving all the limbs on the unused tops. A careful inspection of those jobs, many of which we photographed, shows that where the limbs were all cut off they and the tops have entirely rotted and dis- appeared, while the tops on the other jobs not cut flat down are many of them there yet high and dry from the ground in a condition to add materially to great conflagrations if a fire once gets started among them. The protests of the few who seem to think top-lopping of no account, in this respect must give way when confronted with these facts. Then, too, it has been found not to be expensive, as more timber is taken from many tops when the limbs are all cut off, and the greater ease and facility in skidding amply pays for the extra work. In view of the fact that in a large degree fires are local, that is, nearly always where lumbering has been done, this lessening of the danger and added preventative is important. Even though it does cost more, the expense is fully reimbursed in the greater security from loss by fire to the property, because what is left on the ground will cease to be a menace in two or three years, as against the old method when it extended from eight to ten years. No one of sound mind desires to put any unnecessary hindrance in the way of legitimate business, yet when the general public welfare requires it, even legitimate business must give way. The other provisions of the fire law were put into force. A paid patrol was established; great care was taken to select men of the broadest experi- ence, good judgment, and those posssesed of a strong personal desire to protect our forests. The work required to be done in the short time given after the bill became a law was very great. To tear down a fire-fighting 60 FIFTEENTH ANNUAL REPORT OF THE force of 750 men and organize another, an entirely different one of new men, carefully and personally selecting them from within such a large wooded area; to build many miles of telephone line up steep mountain sides, over rough places and through the woods with these men; to establish and build nine observation stations on the tops of as many mountains, connect them up and equip them with new-made maps, range finders and all neces- sary things; to organize the whole force and give them proper instruction; to prepare payroll, report and other blanks and distribute them to all these men and to 281 supervisors; to meet the supervisors and endeavor to have them become familiar with the law and procedure under it, and do it all in forty days, taxed the whole executive force of the department to the utmost; yet it was done, and over 250 fires fought and extinguished so quickly that few, if any of them, attracted public notice. The results and expense up to and including November 5th have been tabulated and are hereinbefore set forth in this report. The whole of it, the work, the scheme itself and the results, we feel are worthy of the atten- tion and support of the public and the Legislature. When the order of the Public Service Commission directing that all engines used on railroads running through the forests of the State be equipped for and burn oil for fuel is compiled with, and all lumber operations are thoroughly done in relation to top-lopping, as provided by law, our forests will be much safer from fire than they ever have been. It is fair to say that the railroad companies, with a few notable exceptions, patrolled their rights of way during the summer well and fairly cleaned the rights of way of grass, briars and brush. It was so much better done than ever heretofore that it is very encouraging. The order of the Public Service Commission in relation to fuel, we feel, should be rigidly enforced and should finally apply to engines used nights as well as days. We believe, taking into consideration the companies’ liability for damages for property destroyed, it will be much cheaper for them in the long run and much safer for our forests. Another cause of fires from which great destruction has followed comes from the carelessness of campers, hunters and berry-pickers. What legis- lation can be had other than that which we now have fixing severe penalties for carelessly or willfully setting or causing forest fires isa question. Gen- FOREST, FISH AND GAME COMMISSIONER. 61 eral public education along this line may be of greatest good. This year the department used every medium it could devise to call the attention of the public to the dangers, and to be careful. We stationed men at principal points of entrance to the forests to warn all going into the woods, to instruct them how, where and when to build fires and when not to build them at all; warning notices were distributed by the thousands through trains and to individuals. Newspapers gladly gave public notice and warnings. The most wanton of all fires were caused willfully by berry-pickers. Unless such people are more careful it may be necessary to exclude them from State land. Fire, the greatest danger to forests, must in some way be pre- vented, even though the method to prevent be made exceedingly drastic and arbitrary. The next thing after being sure that we can save that which we have is to acquire more. The importance of very soon acquiring much more of the land in the forest preserve counties may well engage the earnest atten- tion of the Legislature. Undoubtedly it may not strongly appeal to those who are not at all familar with the whole situation. But to those of us whose duty it is to know, who are charged with the care and protection of the State’s holdings of forested land, the situation seems very acute and important. To a very large degree the soft wood lumbering is nearly done in this State. Naturally, hardwood lumbering will receive new impetus and _ hard- wood become more valuable. New and heretofore unused methods in hard- wood lumbering will be adopted. It cannot be floated; therefore, when it becomes valuable enough railroads will be built intothe hardwood districts. If allowed, such lumbering will be prosecuted, and at the same time any soft woods left will be removed until not a stick will be left standing. More or less fires will, of necessity, follow until all forest land is denuded. That has been the history of all wooded countries where the government, state or nation has not taken control. This is no time for a shilly-shally forest policy. There is little use in half doing it. It is uneconomic. A comprehensive, strong, broad policy by the State should be inaugurated immediately. As long as individuals or corporations own and hold woodlands they cannot be blamed for getting their investment out of them. In the long run they would realize much greater 62 FIFTEENTH ANNUAL REPORT OF THE profits by careful cutting, always leaving young trees to grow for future use. It is difficult to make an American see any other way than the way that gets the largest number of dollars to-day. Our education has all been in that direction. The get-rich-quick method is much in vogue with nearly all of us. Yet with all this, we are not truly wise unless we take note of and learn from the experience of the peoples of other and older countries. If in this respect we would study the history of northern China, France and Spain on the one hand, and the history of Germany and Switzerland on the other, every thoughtful person would be in favor of the State acquiring immediately every acre of forests in the sixteen reserve forest counties useful for preservation as forests and on account of the State’s water supply. Why should we not? Canals and good roads are necessary and important, yet it is very doubtful whether either of them or both of them in the long run are as important to the people of the State as are our forests. If the choice had to be made and we had to do absolutely without one or the other, the canals or the forests, I have no hesitancy in saying that we could much better do without the canals than we could without the forests. Yet we are expending very little money on the one that is perishable and going very fast beyond recovery, and very much money on the other which is not perishable and could be built at any time. Is this wise? Is it a far-sighted policy? It must be remembered that in much of the forested area left, when the trees are gone the soil will go, and on such sterile land reforestaticn cannot take place naturally, nor can it be artificially reforested. We could build a canal most any time, but we cannot replace the lost soil. This State should by constitutional amendment, if necessary, provide money enough to acquire nearly all of the forest land left. That would be using good judgment. I can only give the warning, state the facts, and sincerely hope the warning will be heeded. The next important thing that should be taken up, considered and acted on is, how can we improve the method of handling the forests we have and those to be acquired? In considering and dealing with that subject, we should divest ourselves of all sentimental, purely aesthetic and selfish notions, and consider and solve the question in a practical business way. If we want the property only to obtain and own some forest land, to pay taxes on it, to spend a large amount of money in trying to protect the Rane | a MODERN INVASION OF THE WOODS FOREST, FISH AND GAME COMMISSIONER. 63 property from fire and trespass, to have a large number of acres to surround the holdings of the few, to inconvenience other owners who want to work their holdings and cannot because they cannot get in or out across State land, to make it impossible for many small owners in that country to con- veniently get firewood without committing trespass, to prevent to a large extent the utilization of much of the very valuable water horsepower, to prevent the destruction of good roads through this wonderful, beautiful country that it may be conveniently visited, toured through and made the finest and most accessible Nature’s beauty spot in the world where a million people would visit instead of a few hundred thousand annually, then we are all right in our present policy and all we need to do is to strictly enforce the Constitution. If, on the other hand, we want that which we have and that which we may hereafter acquire for a forest preserve in its truest sense; if we want it that we may use it as a recreation place for many, a place where the rich, the well-to-do and the poor can go and enjoy the blessings so abundantly offered by Nature; if we want it that we may not only enjoy these blessings, but that we may by and through the care of the State to some extent at least utilize the water horsepower for legitimate purposes, deriving therefrom a perpetual annual revenue; if we want it to really be a paradise for the many, accessible, beautiful, unrivalled; if we desire to use it so a poor man with a sick wife or baby may under authority of the State build a little camp ‘neath a tree where the birds sing, and not be a _ trespasser, where he may see the sick wife or child cured and restored to health by the terebinthine odors from the spruce and pine and balsam; if we desire to have the best opportunity to protect it from fire and that the State itself may remove dead and fallen trees and utilize them and prevent waste; if, infact, we want to handle it and use it for the best interests of all, in a scientific, wholesome, practical, sane, serviceable way, and all the time make it better, then we must change the Constitution in a few respects. Personally I would rather it would remain as it is forever, the State suffering a large annual loss, than to take any reasonable chance of a change of the Constitution that would be harmful. All of my views in relation to it are expressed with that deep-seated feeling. Yet from much study 64 FIFTEENTH ANNUAL REPORT OF THE of the whole situation, all its features, its needs, I am confident that a change permitting all of these necessary things can be safely made and nothing but good come from it. In my opinion there should be authority given to the Highway Com- mission to build a simple good-road system through our forests. The State itself should have the power to utilize the water power where it could be done and no injury accrue. This Commission should have the right to lease small camp sites and obtain a large revenue for the State therefrom, thereby giving an opportunity for many to go to the woods and live cheaply who cannot now afford to go at all. This Commission should have the right to remove down and dead timber and utilize it, obtaining a revenue and bettering the conditions as to fire protection. There is enough dead and down timber in the Adirondacks to supply all New York with wood for years; as it is, it constitutes a deadly menace, through threat of fire, to all the standing green timber and the entire forest. This Commission should have the right to dispose of outlying, detached parcels of land and with the proceeds or its equivalent acquire land within the blue line. These are some of the things that plainly should be done, and mere sentiment and impractical things should not stand in the way of it. I offer for consideration the following form of a constitutional amend- ment: Proposed amendment to article VII, section 7, of the Constitution of the State of New York: Except as 1s im thts section hereinafter provided the lands of the State, now owned or hereinafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands, [they] and shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. Upon first obtaining the approval of the Governor, the State Water Supply Commission may erect and maintain dams upon said lands for 1mpounding water and other purposes, and flow with such water not to exceed acres of such land in the aggregate; providing that the dams so erected and maintained and the waters so wmpounded and ail lands so flowed shall be jorever owned, managed and controlled by the State. Such of the lands as are FOREST, FISH AND GAME COMMISSIONER. 65 necessary for the buslding of the State highways described in section 120, chapter 330, Laws of 1908, may be used for the purpose of building and main- taining such highways. Wzuth the approval of the Governor, the Forest, Fish and Game Commissioner may lease, for periods not longer than ten years, sites for camps within the forest preserve, not larger than two acres, and may remove and dispose of fallen timber. The Forest, Fish and Game Commis- stoner, with the approval of the Governor, may sell and convey lands now owned or hereafter acquired by the State which are situated wholly outside the boundaries of the Adirondack and Catskill parks as now defined by law, but the proceeds from lands so sold and conveyed shall be only used by the State m acquiring lands situate wholly within the boundaries of such parks. I do not say that this proposed amendment is perfectly worded, but the points therein contained are what may be adopted, doing no harm, much good, and which all fair-minded men can support. We do not want to have passed (and the people will not adopt) an amendment under which private interests can work out selfish ends. In my judgment they will vote for and carry an amendment that will aid in properly caring for our forests and saving to the State large revenues arising therefrom. Another important work in connection with our forest land, and land that should be producing trees is the work of reforestation. Until a few years ago no effort had been made to encourage individuals to plant com- mercial trees. Then, by suggestion from the Department, the Legislature provided that trees could be furnished by the State and sold to citizens at cost. The first year a few thousand were taken and planted. Last year one million two hundred thousand (1,200,000) were purchased and planted by corporations and individuals. In addition we planted for the State a large number. The result, for a start, has been good; yet is it not at all sufficient. There should be more encouragement. The State could well afford to provide trees at less than cost. Why not free trees, as well as free fish? A few million trees planted each year will not do. The take- off each year is so great that we shall soon be impoverished unless all persons plant trees where trees ought to be growing. Ought not this State, in this respect, to do as well as Switzerland? We have a much larger territory. We are much richer. Switzerland plants about twenty-two million (22,- 000,000) trees each year; we one and one-half millions (1,500,000). Switzer- oO 66 FIFTEENTH ANNUAL REPORT OF THE land has 22 per cent. of her entire area covered by a planted forest from which that country averages an annual profit of between $8 and $10 per acre. We have about 20 per cent. of our total area covered with poor second growth of little or no value and 5 per cent. by fairly good natural forests which are rapidly being destroyed for all time. Switzerland has 780 acres of land employed as tree nurseries; we use 30 acres for the same purpose. Switzerland plants from her gardens twenty-two million trees each year; we have been planting from ours each year five hundred thousand (500,000), now about a million, and buy from Germany about one million (1,000,000) more. The annual net profit per acre realized from all the wooded area in this State will probably not exceed ten cents per acre. Why should we not do as well in time as Switzerland is doing? Not to be impoverished altogether in this respect, we must bestir ourselves immediately. It takes many years for a planted forest to mature. Trees must be planted by the millions each year. To get this done the State should offer the best induce- ments possible; trees should be furnished at a very low price and land dedicated to tree growing should be exempted from taxation for a long period of years, at least as to its increased value. Money should be apppro- priated freely to allow us to produce at least thirty million trees (30,000,000) each year for this purpose. It is undoubtedly the most important work we have to do. Why delay it longer either for lack of appropriations or proper legislation? While the highways of the State, town and village park systems, woodlands and farms, and many other pieces of wooded country are not within the jurisdiction or control of this Department, I venture to suggest a few things in relation to the same. First, it seems to us that along every rod of good roads constructed by the State or counties, shade trees should be planted on either side, principally for the reason that it has been demonstrated that when the surface of a road constructed under the good roads system is kept slightly moist, the surface of the road does not “ thread’ and blow away into the fields. It is the reverse of the right practice in relation to country dirt roads; they should be kept dry. In addition to this very beneficial effect, shade trees planted equal distances apart along a road running through FOREST, FISH AND GAME COMMISSIONER. 67 the country would add great beauty to the scene as well as comfort to the traveler. There seems to be every reason why it would be profitable to protect the roads by planting trees. An investigation of many tracts of woodland on the farms of the State has convinced our foresters that very great improvement can be made by proper thinning and underplanting with trees adapted to the various soil conditions in the State. Every farmer, especially those who have on their farms land not particularly adapted to agricultural purposes might have commercial trees growing, adding to the value of the lot and to the farm generally, and in time furnish each farmer with all the timber the farm requires. If the thousands of farms throughout the State had such forests growing on them it would add greatly to their value and the beauty of the country and would affect, in some degree, if properly planted, the water in the spring or creek on each individual farm. Tree planting in fact should be largely done by the individual citizens of the State upon their own lands, and if each would plant a few hundred trees annually, the value of farms would be greatly enhanced and in a few years there would be enough commercial trees growing in the State to substantially take care of future demands. We ought to be able in this State to produce every year for all time at least two billion feet board measure which by studying economy and using all parts of the wood, would undoubt- edly be sufficient to care for the needs of the people in that direction until the population is very much larger than it is to-day. We also believe that the rudiments of forestry should be taught in every school of the State, and that a forestry school, such as the Cornell Forestry School formerly was, should be established and supported by the state. There is a growing demand for educated foresters, and there is opportunity for employment for many more than we have to-day providing they are in all respects capable, practical men. Intimately connected with the forests and to a large degree depending upon them is much of our inland water. As heretofore suggested, great consideration should be given to the protection of the forests that we have and to the reforesting of our denuded hill lands, because of the great necessity for protection of the sources of water. We have been experiencing a most remarkable period of low water in the rivers, the drying up of wells and 68 FIFTEENTH ANNUAL REPORT OF THE springs, rivulets and creeks, all over the eastern and northern part of the State. At no time since records have been kept has the water in the Hud- son river been as low as during the month of November and the first half of December, 1909. A close observation kept on the conditions throughout the Adirondacks and Catskill counties during the whole summer and fall has shown that, not even during the dry period of 1908, was there so little water in the creeks, springs and rivers as during the late summer and fall of 1909. This fact is significant. It is also observable that where the largest areas of cuttings have been made and where there is the largest number of acres of deforested land, the drouth has been the most intense and the scarcity of water the greatest. In fact the problem of having sufficient water for the ordinary purposes of the people in much of the eastern part of the State has become very serious. So far as anyone knows or so far as any records indicate such a condition was unknown when there were large quantities of standing timber inthe State. The forest is getting thinner and thinner year by year and only worthless wood growth is being left. The hundreds of little sawmills that move about from place to place are denuding all the ridges and wooded places throughout the farming districts of the State, on the one hand; while the continued and increased cutting of the large lumber companies and individuals throughout the Adirondacks and Catskills to the extent of 1,500,000,000 board feet is very rapidly taking off all of the conifer- ous tree growth that we formerly possessed. As the trees disappear the water gradually diminishes in quantity, and at times has been so low that it teaches us that the danger line has already been reached and we ought not to take another step beyond it. The remedies to be prescribed and applied have often been suggested by us, and we venture once again to call attention to them in the hope that better things may be done. First.— The State should acquire and control every acre of land it can afford to appropriate money to purchase. Hardwood lumbering which means the total taking off of hardwood growth, as the coniferous trees have been taken, should be prevented at least within the blue line in both State parks. THE CABIN HOME FOREST, FISH AND GAME COMMISSIONER. 69 Second.— Every effort should be put forth to encourage individuals and corporations owning woodland, to see that it is to their advantage not to make clear cuttings on any of the poor, thin soil on steep land in the forest preserve counties. If that cannot be done by moral suasion and appeal to public interest, then the fullest power of the State should be invoked, and it should be prohibited in the interest of public welfare. Third.— It being apparent to all who have studied the subject carefully that commercial trees may be grown profitably; that 100,000 board feet may be produced per acre, where nature in her best forests produces not more than 20,000 feet; that the future demand for lumber will be so great, the supply so small unless cultivated forests are grown for commercial purposes, the State should offer every inducement within reason to encourage the people generally to undertake this work exten- sively. To do this, the suggestion of trees, practically free, seems to us to be one inducement that may be very consistent with the general policy of the State. That to relieve land dedicated to planting and growing trees, at least from increased taxes over and above its present value when it is so dedicated and used, seems to us to be another eminently proper inducement to offer as an encouragement for this work. Fourth.— In order to have the trees in sufficient quantities to meet the demand that will soon be made upon us, and to furnish the number of trees that should be yearly planted, there should be appropriated for the building of more tree gardens, and the employing of the men necessary to take care of them, the purchasing and gathering of seed and procuring equipment, all the money necessary for such purposes. Ten thousand or twenty thousand dollars a year will not go very far in producing thirty million trees annually. It has been demonstrated this year (as is shown by Forester Pettis’ report to this Department) to be dangerous to purchase trees from Europe owing to the fact that diseases of trees very dangerous to those planted and to those which are growing naturally may be brought here with trees imported into this country. It was only by the most active efforts and skill of our trained foresters that we prevented the European currant rust during the season from spreading among the pine trees of this State. That, in itself, indicates the great danger of procuring trees from 7° FIFTEENTH ANNUAL REPORT OF THE abroad. We should grow our own trees. Our work in producing seedling trees in soils adapted to that purpose and in transplanting the same in the forests, has passed far beyond the experimental stage, and has proven how well the work may be done. This being so, we ought to enter into the business on a large scale, properly equipped to do that which in all common sense it seems ought to be done immediately. It has undoubtedly been wise, up to the present time, to make small appropriations, to go slowly, to be sure that we were on the right track and capable of doing this work. Now that we know that it can be done and profitably done and the necessity being so great, we believe that large appropriations should be made, because, viewed from any standpoint, this work ought not to be and cannot be delayed. A building may be put up this year or next; a road may be constructed this year, a canal may be dug to-day, to-morrow or a year from now, and in either event no great loss would be entailed. Planting trees to-day means doing that which will result in benefit, first, and in a small way, ten years from now; in a greater degree twenty years from now, and finally fifty to eighty years from now, when a matured forest will have been grown. Long before any considerable amount of commercial forest can be produced which may be cut at a profit, undoubtedly every stick of the commercial trees now of medium or matured growth will have been cut and used and a shortage in a necessary supply of lumber for daily use im this State will ensue. For these reasons immediate action is necessary. State Game Bird Farm. This is a new departure. It was not taken without knowledge of successful work of its kind by many individuals and especially by the State of Illinois. Owing to a bad season two years ago and the increased number of hunters throughout the State, the bird covers have been much depleted. From this fact and the further fact that under the hunting license law the hunters have, by license fees, largely increased the revenues of the Depart- ment, it was deemed just and desirable that an effort should be made to restock game covers with game birds. An appropriation of $12,000 was made for that purpose, a farm selected in Chenango county, and purchased, experienced men employed, the farm fenced, equipped with cross fencing, FOREST, FISH AND GAME COMMISSIONER. Tes: coops and a stock of birds secured. It is expected that we will be able to distribute 12,000 birds and eggs during the summer of 1910. From the ‘experience of others we believe our work in this respect will be successful. Lake Fish. It is difficult to make a law that will satisfy all persons in any part of the State. As heretofore suggested, the laws should be general, applying alike to all unless the very best reasons can be shown for an exception. Just why a half-mile limit from shore in Ontario should obtain and a mile limit in Lake Erie, I have been unable to understand. It has always seemed wise to have a close season, at least during the spawning time, for the more valuable food and game fish, except shad, in order to preserve them in reasonable quantities. In lakes and rivers forming the boundary between States and countries the laws of each should in this respect be alike. Unfortunately, that has not always been the case. For a long time there was no close season on whitefish and lake trout. It resulted in the practical extinction of lake trout in Lakes Erie and Ontario, and in largely diminish- ing the number of whitefish. Nets were set upon the reefs where they came to spawn, and the fish and spawn were both destroyed. Where and when fish spawn it is easy to take them in great numbers. Until about three years ago, for a period of four or five years, lake trout in Lake Erie had become so reduced in number that it was not deemed advisable to fish for them especially for commercial purposes. That gave them a rest and they spawned in security, and in a few years again appeared in numbers that warranted commercial fishing. At about that time Pennsylvania repealed its close season law. After taking the evidence of many lake fishermen, a close season of two months for trout and whitefish was pro- vided in this State. Because we had not responded at an earlier date to their request for such action, Pennsylvania repealed its law. Now some complaint has been made by fishermen running out of Buffalo because they cannot fish for these fish during these two months as fishermen can in Pennsylvania waters. It seems to us that if we have any regard for the preservation of these two species we ought not to repeal our law but should endeavor to get the Legislature of Pennsylvania, if possible, to re-enact 72 : FIFTEENTH ANNUAL REPORT OF THE their law to protect them during their spawning time. The international treaty between Canada and the United States when published may provide a proper and amicable adjustment of these things between ourselves and Canada. It is to be hoped that it will, because there are many conditions along the lakes, the St. Lawrence river and Lake Champlain very important to all that can better be regulated in that way. Game in Cold Storage. Undoubtedly cold storage for many, if not all, of the fruits, vegetables, meats, birds and fowls necessary for food is of the greatest importance; yet it appears from facts found by some of our investigations, in cases where violations of the law have been committed in relation to game and game birds, that fish, game and birds have been kept for long periods of time and then sold to the public; that thereby the public unwittingly use them when it would seem that in all human probability they could not be wholesome and should not be used. If this is done, then it is more than probable that other food products are kept for like periods of time and sold to the public. This subject is mentioned merely to call public attention to it: that through proper channels the real facts may be ascertained. Colonel William F. Fox. I should not feel that I had done my duty unless, before closing this preliminary report to the Honorable, the Legislature, I place on record some statement in commemoration of the work and services of Colonel William F. Fox, for many years Superintendent of Forests, now deceased. Colonel Fox was born at Ballston Spa, N. Y., January 11, 1840, the son of the Rev. Norman and Jane Freeman Fox. He entered Union College and was graduated from the Engineering Course in 1860. Scarcely was he out of College when the Civil War broke out, and he went with his regi- ment as a Captain in the 107th New York Volunteers. He was later raised to the rank of Major and again promoted, at the age of twenty-three, to Lieutenant-Colonel. In the winter of 1863 we find him not only in com- mand of the regiment, but also of the Military Post at Wartrace, Tennessee. He was wounded three times, at Antietam, at Chancellorsville and at Resaca. WILLIAM F. FOX. FOREST, FISH AND GAME COMMISSIONER. 73 His father, having retired from the ministry, engaged in the lumber business and located his principal mills on the Tioga river in the southern part of this State. Here and at his father’s mills in Canada, he learned the details of the lumber business. Later, in connection with his own mills in western Pennsylvania and those of his brothers in the upper peninsula of Michigan, he acquired knowledge and experience in buying and selling timber and timber lands and of the various products of the saw mill and the planing mill. This training was of great value in his later life. When the first Forest Commission was established and organized the first appointment made was that of Colonel William F. Fox, on November 1, 1885, to the position of Assistant Secretary. On account of his associa- tion with the official forestry work from the beginning, first as Assistant secretary, later as Assistant Warden and finally as Superintendent of Forests, he was familiar with all the various policies, laws, plans and develop- ments that took place in working out our State forest policy. The Legislature of 1883 passed an act prohibiting the further sale of land owned by the State in ten of our Adirondack counties. This was the tangible beginning of our present forest preserve. This step having been taken, some policy necessarily had to be decided upon, and the State Comp- troller was authorized to appoint an investigating committee. They made a careful examination and in 1885 reported advocating the establishment of a Forest Commission. Their recommendations were acted upon favor- ably, and the Commissioners were appointed by the Governor. It was this Commission which first appointed Colonel Fox. ‘The Commissioners served without pay and, therefore, upon him fell the brunt of the work. One can hardly appreciate his position at that time. confronted with so much that was new and no resource upon which to draw for reliable infor- mation. Yet the report for 1885 shows that he had a clear insight into the requirements. The law of 1883 placed 715,267 acres of land under the con- trol of the Commission. This land was widely scattered over ten counties, the boundaries poorly marked and was being seriously trespassed upon. ‘ ’ The organization of a fire protection force, ejecting “‘ squatters ’’ upon the lands and enforcing the law, all with a small untrained force were initial problems. 74 FIFTEENTH ANNUAL REPORT OF THE From 1888 to 1891 we find him as Assistant Forest Warden, actively engaged in executive, administrative, field and routine work. In 1890 the first appropriation ($25,000) for the purchasing of Adiron- dack land was made under the condition that not more than $1.50 per acre could be paid. He, with assistants, examined and reported upon the land offered, and under the act 16,320 acres were acquired. With the establishment of the Adirondack Park in 1892 a new and larger field of usefulness opened to him. It placed this work upon a sub- stantial basis. Under this same act leasing of camp sites and the idea of producing a revenue from the forest was inaugurated. Until the passing of this act, since 1887, it had been possible to sell or exchange detached portions of outlying lands for forest land in the park, and many valuable acquisitions were made to the State holdings in this way. In 1893 the Commission became the subject of legislative investigation, and as a result a new forest law was passed and a new Commission appointed. However, it is pleasing to note that this same act particularly specified that the present Superintendent should be continued in office. At this time the necessity for an accurate map of the Adirondacks, not only showing topography but all the intricate details of land allotment and finally the location of State land thereon became apparent, and in this connection Superintendent Fox prepared a very exhaustive article entitled “Land Grants and Land Patents of Northern New York.’ His researches in preparing this monograph were most skillfully made, and have been of great value in locating our lands and mapping the extensive area. The new law of 1893 permitted the sale of “ spruce and tamarack not less than twelve inches in diameter three feet above ground, standing in any part of the forest preserve.” But the Constitutional Convention the following year inserted in the newly prepared Constitution a clause pro- hibiting the cutting or removal of any trees on State land. In 1895 another change came in the management of forestry affairs. Two separate bodies, viz., ‘“ The Forest Commission ” and “ The Fish and Game Commission ’’ were consolidated under the name of “ Fisheries, Game and Forest Commission.” At this time Colonel Fox became engineer with duties similar to those he had under the old Commission as Superin- tendent. The powers of this Commission in relation to the forest preserve FOREST, FISH AND GAME COMMISSIONER. 75 were greatly increased, and he had added responsibilities. After a few years his title was changed to Superintendent of Forests. This same legis- lative act greatly lessened the fire danger by making it a misdemeanor to set fires to clean land during certain periods of danger. During the summer of 1897 the Forest Preserve Board was organized to acquire land for an Adirondack Park. Colonel Fox was the expert advisor of the Board and in the performance of these duties two million dollars worth of land was acquired. In tgo1 a further change came in this organization. The Fisheries, Game and Forest Commission and the Forest Preserve Board were consoli- dated and called the Forest, Fish and Game Commission. Also the fire law was made much more effective by creating the office of Chief Firewarden wh had general supervision of the nearly seven hundred town and district firewardens. Under this organization Colonel Fox became a great factor in forestry work. Since this reorganization, the work accomplished by the Department has been most effective and satisfactory. This general summary of the development of a forest preserve and a forest policy in this State has been given because a careful examination shows it largely to be the work of Colonel Fox. It is most interesting to read the former reports, which are largely from his pen, and note what improvements and policies he advanced for the benefit of the State. In these matters he was always first. He began years ago to collect statistics showing the lumber cut, and saw clearly what was happening, also the result. He established a system of fire protection and fire law which was generally copied by other States. He continuously advocated the purchase of land as a forest preserve on the grounds of benefit to the State and at the same time a business investment. He desired to see our State lands put under scientific forest management, and made working plans for a portion of the State lands. Nearly fifteen years ago he advocated the reforesting method which is now in operation. He appreciated the probability of water storage and was much interested in any such movement. He was quick to appreciate the value of a skilled force and employed the first graduate of the first forestry school in this country. 76 FIFTEENTH ANNUAL REPORT OF THE 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.”’ 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 FOREST, FISH AND GAME COMMISSIONER. WG 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 far- sightedness 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 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 town- ship might have been purchased for $18,000, with allthe 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. 78 FIFTEENTH REPORT OF THE FPOREST, FISH AND GAME COMMISSIONER. Recommendations. I respectfully recommend as follows: Furst. 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 1n 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 1n 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. Report of Superintendent of Forests For the year 1907 Hon. James S. Wurppie, Forest, Fish and Game Commissioner: IR.— The work devolving on the Forestry Department of this Com- mission 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 pro- longed 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 main- tained 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. 6 79 80 THIRTEENTH ANNUAL REPORT OF THE 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 cam be done with the present force. As the population of our forest counties includes the usual propor- tion of careless or criminal men there will probably be more or less violations of law in that region the same as in other parts of the State. Forest Fires. The forest fires during the past year — 1907 — were, im extent yor 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. AN ADIRONDACK © FIRE TRAP.” THE RESULT. mn MO ee oan aa ea vey ane FOREST, FISH AND GAME COMMISSIONER. 81 In the 12 Adirondack counties there were 69 forest fires during the year 1907. The extent of the burned area, as computed from the reports of the various firewardens, amounted in the aggregate to 4,914 acres, of which 70 acres only were in the Forest Preserve. The total damages to stand- ing timber, as shown by these reports, was $7,790. In addition, there was a loss of $3,685 in logs, cordwood, and fences; also, $800 in buildings. The total number of days worked by the men ordered out to fight these fires was 1,801 days. In the four Catskill counties there were 13 fires, which run over, in all, 738 acres. Of this area only 4 acres were State land. The damage to standing timber was reported at $1,620, and a loss in cordwood at $28. The total number of days worked by men in extinguishing these Catskill fires was 188. Under the provisions of our fire law the State grants a rebate to the forest towns of one-half the amount expended by them in fighting wood- land fires, maintenance of patrols, and posting notices. The total amount of money thus repaid by the State to the town boards for the year 1907 was $0,771.25. In addition to the 82 fires in the Adirondack and Catskill forests, which caused a destruction of standing timber, there were 116 other fires, incipient or otherwise, that occurred in the open country where there was little or no tree growth. These fires were confined to waste lands, pasture fields, brier patches, or tracts that had been burned over repeatedly. But it was necessary in each case to extinguish them or get them under control to prevent the flames from spreading into adjacent forests. In attending to this class of fires the men worked, in all, 1,868 days. At some places in the Catskill counties lands of this kind are fired in- tentionally by residents to improve the crop of huckleberries, as the gather- ing of this wild fruit furnishes employment each season to a large number of people. Although these lands are worthless at present, they would be covered in time with a tree growth of some kind if this practice could be stopped. The incendiary acts of the huckleberry pickers are regarded so lightly by the people in these localities that the employment of a sufficient number of patrols would meet with strenuous objection by the taxpayers 82 THIRTEENTH ANNUAL REPORT OF THE of these towns, and the argument that no timber had been destroyed or endangered. Of the 82 fires which occurred in the forests the causes were as follows: Railroad locomotives. . PAE Soh ey @learsimalcig array te ee ee eee ushve tsetse oe eet a ee ee HW fF fF Os River drivers’... ae I Woodtchoppers..2> ae I Bitreininea oul cities se I Unknown 257: AA And of the 116 fires on brush lands or pasture fields the causes were: Nalroad locomotives. eran as TE Clearingslancdiegs erie eee ee T5 IRISHMEN SahcGsi ere cere ue 6 Iincendiarsy Aste sia ee eee 5 Mobaccorsimokersae eee 4 Beni yaplCkehs iar see eee 3 Caml persia Mesures oe eee 3 Joh c ihe s perela pone sehats ae gm ofits 2 Biarninep oc dineseeee ae ee 2 Dhawinesdynaniite+ sae I Botlingysapie: sae eee ‘nia I Riverdrivers..’. . 2... 3.2 Picnicparty <. <4...) eee I Lightning <= {2 ..22.:. eee I Accident. 20.0004 3 eee I Unknown. .: 2.2. 22: See 39 The counties in which the timber fires occurred, and the number of fires in each, were: GhimtOn gorse Ue Ae seer SSO asap ey lene: ee ee ne ON HF CE OTE rape ani aaron ee tote Fier keltitar is eps eae en acer eta tlt @ Meer oe cet Aes Sela eS CS OOs COs OOK @Omeiday pera eee ae ore Ste eawiencCenee aaa pean eee NS Warren 20". oo ake See 22 Greene. 405. fiat ee I Delaware: Pass te ee 3 SUL Va tl aes cha Se ee eee 7 Wister 2535.03 kai ikea eee 2 FOREST, FISH AND GAME COMMISSIONER. 83 The number of brush fires in each county were: SOOM E s icceogeutt tae wets Seas TES PN (CNig Ee eae ee Se ate sled ny 1s Mine ies racist. ase ey yaver te eee ice LNA elS INIT CLOT ese senor se ee I He riecigl ality er 825 Ss rigs wi thody ata e) sO ov aan ce HEPC e tray Aran ce sa Nh eaten, I PSepeAM UO Mg ase cts iene ceva eine ces spe eh» D> SC SNESINS Leathe oho aaa cee een ee I Sea KeUINe tees ssa ceeyecte cabeie teceeeensts ets OMRON Aime psehe eens cr cule 9 NSIS Rete erate ngs Pa sean coe ease ene ose LICR ONSHOT Serene feces oe aula ly IO WO eciGlee a. ae ar erarv eke ae te IO — DIAAO MEY tessa ccavatein ee oa woe ates I 116 SIAN TCTICE ou o cies os seme ciel 16 == Each fire, whether in timber or on waste land, whether large, small, or merely incipient, was reported by the firewarden of the town in which it happened, his report covering all details and including the date on which it started. From these dates it appears that the number of timber fires in each month were: PMO gi PRU Mesh endie, A tdiaye oa "8 COMP ANUS ERR gamer yeasts ere ttn Be ah 20 WEP sel ace asia ens 2AM SCI LC TMD Gye tater es tease ence aa rete 2 ACMA ere ss ee ae oo 23 —— Lf pera Ae oe ek 4 82 WlemClieeyreters 3a Suntan SN, Homi by iceman varte Maen n te scat ath ee its ae 2 3 POM Olalllee mtr) stewie vase et Sa he ia woes 2D rei MOUS ween estas a ienstoue.¢ eves edie 42 IME ree acest a) os tin eS ae, 24 aaa WHS. otros oiler ace eg le i ag ee 2 116 The large number of fires in August, as compared with the records of previous years, was due to the severe drought which prevailed at that time. On the other hand there were no fires in the fall, this exemption being due to frequent rains. This annual record of the date on which each fire occurs is valuable to us in our work, for it indicates fairly well the months in which it is advis- able to maintain a patrol service, and also the periods in which such expense is unnecessary. 84 THIRTEENTH ANNUAL REPORT OF THE The number of fires caused by farmers who were burning brush to clear land has decreased materially, owing to the vigorous enforcement of the law which prohibits the use of fire for this purpose in forest towns during certain months. In 1903 it became necessary to fine 64 persons for burning their fallows during the close season, the penalties that year amounting in all to $1,990. The number of violations of this section of our forestry law has decreased each year since then, and in 1907 there were only eight cases, each of which was prosecuted successfully. The fines imposed in these eight cases varied from $10 to $35, amounting in all to $154. In August several fires started along the railroad lines, for the extreme drought during that month made the sparks from the locomotives more dangerous than usual. But this will always be the case in dry seasons until the railroads are equipped with electric power, or use petroleum for fuel in their engines as is done on the Raquette Lake Railway. On that line no fires whatever have occurred since the road was built. The railroad fires last August near Tupper Station and Loon Lake caused but little damage aside from the expense of extinguishing them, the facts not justifying the serious attention given to them by the news- papers. The fire near Tupper Lake was confined to a swamp that was burned over years ago, and in which there was scarcely a live tree of any size left standing; and the one at Loon Lake was also on burned land from which all valuable timber had been removed. ‘The cost to the town and State in attending to these fires was materially lessened by the action of the railroad companies, the New York Central sending 24 section men to assist at Tupper Lake, and the Delaware and Hudson Company sending 39 men and a foreman from Plattsburg to help the firewarden at Loon Lake. The worst fire caused by the railroads occurred August 13th in the town of Queensbury, Warren county, on the line of the Delaware & Hudson Railroad, at a place three miles south of Lake George. About 200 acres of timber land were burned over, and in extinguishing this fire the men worked in all 70 days. Still, in view of the dry summer, there were less fires along the rail- road lines than we expected. Patrols were maintained on dangerous grades, and the inspectors watched the locomotives carefully for defective screens. On complaint of the inspectors three locomotives FOREST, FISH AND GAME COMMISSIONER. 85 were taken off the line and ordered back to the shops to have the screens repaired. Our law is satisfactory in all its provisions for extinguishing forest fires, and, also, for their prevention. But it fails to provide for prompt payment of the men who are ordered out by the firewardens on such duty. As the law stands now the men who work at a forest fire — and whose services are compulsory — cannot be paid until after the annual meeting of the county board of supervisors in November, at which time orders are drawn in payment of these and all other accounts. Then there is a further delay of two or three months, as these orders cannot be paid until the town collector of taxes has received his warrant or tax-roll and has collected enough money to pay them. The tax collector accepts these “ fire orders,”’ as they are called, cashes them and returns them as money to the county treasurer in settlement of his account. Hence, men who fight fires in April and May, the time when most of the fires occur, cannot be paid until the next February. Now, under this system of payment it is difficult at times to get the prompt and efficient service which is so necessary in the suppression of forest fires. Men who are “warned out” by a firewarden to go to the place of fire must obey, for they are liable to prosecution and a fine if they refuse. This compulsory feature is bad enough in the opinion of the men without adding the still more objectionable one of long-deterred pay. To secure prompt service at each fire there should be the inducement of prompt pay. I recommend, therefore, that some legislation be secured by which the supervisor of each town shall be provided annually by the county with a sum of money sufficient for the immediate payment of men who work at a forest fire in his town or render service as patrols, such payment to be made on orders signed by the town board of auditors and approved by the town firewarden; and there ought to be a further provision that the town board of auditors shall, on the written request of the firewarden, meet promptly at any time of the year for the purpose of issuing such orders on the supervisor. Under some such system there would be no more money paid out for fighting fire than under the present arrangement. The towns would secure a more prompt and efficient service, and the forests would receive better protection. 86 THIRTEENTH ANNUAL REPORT OF THE Annual Forest Production. As explained in my previous reports I am unable to state here the timber product of our forests for the current year, because the returns from the various mills and industries are not obtainable in time. The mill owners cannot make out their returns until the close of the year, after which several weeks are required for completing the collation and tabulation of these statistics. Hence I can only submit at this time a statement of the production for the year 1906. The total output of the forests and woodlands of the State of New York for 1906 amounted to 1,256,209,634 feet, board measure, an increase of 44,139,466 feet over that of t905. From the returns made by the mills the following classification was obtained: Forest PRODUCTS FOR THE YEAR 1900. LUMBER FEET, B. M. SORUCE jeer aie psi Si hap ape epee eae 210,122,859 ramon ie pe Cape Aiea SA Linen ea meee 208, 848,078 Pine Ae eta ke CUO rt noes Anes te Lit, OSO,CAT I Feo) ees aoe gr alee ep amar A aa A eo es eS et 60,565,786 I itee lneey anette eh ae ee ae) ate ere in ae oR 50,142,076 BES Cae ou winters rata by ad Oh Ua aaa ae pane 30513719 ZO 1 BYNSSS OO (G Nace fo ee hn ree eae Sh a cat en ce 28,849,630 Oil ee erent oer ie eB are sare cue Nea ate a 24,115,818 CHES EMU ere orca cients oe come da aeinee reine 22,696, 469 FE Miia nt acer oes: (ce oe aceon can etn ara ete 19,855,388 DAIS Ta era em neeghep nT CaS veo NARI ee aon MESO OSS Replat ak it ten alters nee icis chan anon 9,944,085 IMIS COMA MEOUS eee aay ae rae ee eee ean 8,536,458 SSeS 810,949,223 Rul pwoodsas Ory, 7/5 COnds. e@iliyall eit elo -0 Vere aspire recs cae 23207 teteneoe Handwood round 261 500)Ccords, equivalent, Ba iy rs 143,590, 734 Softwoods, round, 32,695 cords, equivalent, B.M........ Ly) SOVAG), 5S ANOVA Ree a eros RLS title dis Cicer Re Moet Reet 215 OOOO ROE Slain el CGM arena LNUe a tend 5 en eah a e senaeticar rete es: ci! iene aey eee ee 60,421,000 aa se ae eerie nc en eo. Cuca eee ae ease | 00, EESROoS PLANTATION OF WHITE PINES, MADE IN 1804. BY CHARLES H. FAXON, ON HIS LAND NEAR CHESTERTOWN, WARREN CO., N. Y. . = = PLANTED WHITE PINES OF DIFFERENT AGE CLASSES. NEAR CHESTERTOWN, N. Y., ON LAND UNFIT FOR AGRICULTURAL PURPOSES. FOREST, FISH AND GAME COMMISSIONER. Lumber Production by Districts, 1906. SPRUCE. FEET, B. M. ENGROMG AC Ka cOuitiess-s temesne aes acs ees 199, 461, 782 CO Tes Kall cOuMaleS cw see pee ors tee wens os 5,405,437 FeneNn TACO ULC SHHy mera nese cider ia ens FE LOS JO4O HEMLOCK. NGinondack COUtbICS: i Baie sie: 84,442,847 CAeslaillcotmaitiese Gaur ce ee os os Stes ZO 94200 Farming counties..... eer eg 97,625,962 PINE PNG GOING A CKUCOUMEIES I: as entre Ec. oars 52,284, 329 Cans kiNiCormiieS =e) wees cas = Lele es 13) 537 6305 farsiiimoucOUmile Sprayer aeneais san cue. sa: 46,128, 327 HARDWOOD. AGhirOrmnGlaClk COMME. soos soe sn aocve nas TL 220,,058 Carsoillecoumilesase sewn Peo sie et Ip AaMaMoCOUMPLeS sna eee eee ats o 49,873,358 PULPWOOD. Adirondack counties, 516,778 cords, equivalent, B. M.... Rounp Woop. (For Cooperage, Excelsior, Wood Alcohol, etc.) Adirondack counties, 46,697 cords, equiv- ellecaileas ay Viera tree ere aca a 0 ZOOL OIG Catskill counties, 142,093 -cords, equiv- Metal Vib eee. Sep Ss a ares cnit Sasi 78,009,057 Farming counties, 105,471 cords, equiv- CC mitpe RON ame enn wet eee ET OOB SLO 158,918, 849 TPZ Or 2000 87 DOr TOD Os. 208,848,078 LTIT,950,021 161,549,289 Oo S | 88 THIRTEENTH ANNUAL REPORT OF THE SHINGLES. PCS. : PCS. FNC HIROIMNGNOIK GOWNS, ooc0000 5000040 0nc 39,204,750 Catskulll Count ieseeta: ocr pelea nen he recor BPO ASO armineycoumticsmns (ein ir een nae L545, 5 OO —————————— 60,421,000 LATH NXGinoncdackacounties ie =e eee CAR 222 IK Catslsillicourtties: aieactn crea er er ae 6,755,450 IS BuATMOy OWENS so uconeccocdooooces ose 19,137,000 SE 90,115,000 The 516,778 cords of pulpwood were composed, as nearly as could be estimated, of spruce, 80 per cent.; balsam, 10 per cent.; poplar (aspen), 5 per cent.; the remainder (5 per cent.) was composed of hemlock, basswood, and other species in small quantities. There are three large pulp mills in New York that make a high grade of calendered paper for books and magazines, these mills using for this purpose a mixture of poplar (aspen) and rags. The item of “ hardwoods, round’ (261,566 cords) represents wood and small logs bought by the cord, instead of by log measure, and used in the manufacture of excelsior, wood acid, veneering, basketry, cheese boxes, and in various other industries. The item of “softwoods, round’ (32,695 cords), represents, also, wood bought by the cord, and which was used for heating, staves, butter firkins, tubs, pails, and other purposes. : These statistics are based on the reports made to this Department by 2,488 different mills, a number which will give some idea of the work neces- sary in collecting and: compiling this information. Furthermore, before any correspondence with the mill owners is undertaken it becomes neces- sary each year to revise carefully our directory containing the name and address of each firm or individual engaged in any industry which obtains its supply of wood from the forests of this State. In compiling this direc- tory each year a blank form is mailed to the supervisor of each one of the ‘A CN ‘NMOLYGLISAHD YVAN NOILVINV1d SIH NO ‘NOXV4 ‘H WVITIIM xq 2001 NI LNO LHS ‘SANId ALINM DNNOA FOREST, FISH AND GAME COMMISSIONER. 89 933 towns in the State with a request that he enter on it a complete list of the mills in his town that use logs or round wood from the forests of New York. This work having been completed, another and different blank form is sent to each mill owner on which to make a return showing the amount of timber, by species, consumed during the year. Although the total output of the New York forests and woodlands now exceeds each year a billion and a quarter of feet, board measure, this amount is divided among so many mills, including a large number of port- able ones, that none of their reports show a large cut as compared with some mills in other states. The mills in New York reporting the largest amount of lumber sawed in 1906 were: Boron sulracy lumber Co, Pultony Cham NOW... ... 22,464,590 A Seman uiMMoet Commi tipner mua ker Nie Vics celeriac ty. 22,061,568 Nomvood Mantulacturme Cor, Dipper Lake, No. 2... 25. BI 5 O)5 5 1 7S Rete lnmleanaloenn Cove Wanakena. Na Yo sc. See eek ee co nse Og FO, WAS Neayom Iesodlloee Con Senachy Ishi ING seb aadcsoobseods ane. OAD T28 btetinm eterno Con Glens alls). Now Voree We ec. ccs see Teast OOS @sitmocmecnGersom bensonm: Viimes Ni Ye aeeiee sues 7. . oe LOSOG U2 7 Mace uinloer COM NVESupOnty IN) Vai a. faces ee cee IO, 300,000 MoOosew River Lumiber=Co., Mickkeever, Ni-Y....-0.0.-. 22... 3) SO, OWA lerkinieielnimbern Con. Moulin, IN Yi... 20.2 oe os le ce wes 8,250,000 In our former reports the list of mills with the largest output of sawed lumber contained the names of firms that no longer appear in such lists, their omission indicating plainly the rapid depletion of the timber on the tracts where they once carried on extensive operations. Reforesting Operations. The number of seedling trees planted last year was small as compared with our operations of this kind in previous years, owing to a lack of four- year old plants in our nurseries and funds for the purchase of stock else- * Two mills; includes one at Giles, N. Y. {+ Two mills; includes one at Potsdam, N. Y. a go THIRTEENTH ANNUAL REPORT OF THE where. Only 150,000 trees were planted, consisting of the following species and amounts: NAM ali oes ol a =vearenep emma eras 0k\ 57 8 ce ior ih Be Ape al 85,350 INR Way PINGS Aryiiaucs actea cre ce ee Ren ren eee, ke cr ne 36,300 COL CIAO TMG 2h cae ah ni eae Nee a nO ce eV re 9,150 PB OLIN sectet 0s hs aoa care nce Ae am aap reer os ce ree 5,600 INGOT Wa VSI UC so tas snare ea wer eee remnant oe eae 8,600 Douglas Sprice s.. cid. keane eaten tretna yee aren Etceyems te shee ee I ,000 Huropean larelas (ay ici cece eee ne ete nee Ar ae 4,000 150,000 The pines were set out on an extension of the State plantation four miles north of Paul Smith’s; the spruce and larch were added to the planta- tion near Ray Brook, in Essex county. All of this stock did well after it was set out in the fields, the bullpine (P. ponderosa) making an exceptionally fine growth although this species is not indigenous east of the Rocky Mountain states. Arrangements have been made to plant 1,050,000 trees during the coming spring months. We have now in our nurseries 565,450 trans- plants ready to go to the plantations as soon as the weather will permit, and, in addition, we have ordered 500,000 white pine transplants from the Halstenbek nurseries in Germany. The firm with which this order was placed writes us that they may not be able to fill it completely, and would not agree positively to send over 200,000, although, other orders permitting, they might be able to ship the entire amount or the greater part of it. Hence, we may not be able to plant over 750,000 trees this next spring. We may succeed, however, in placing part of the order with another German nursery. The stock in our nurseries, available for planting this next spring, consists of: \OWNGS FOIbISy. 2h WSEie-OlCl irenMS OAKS. 53. o'so vo wp oc ono adeoe ole os 30,000 SKOOUWCla joa: A \eA-Olll WRNASOENOS..¢ 5 ccus cece ceoapoewsense IOI, 500 SCOLChapINe Enecar-Old: trans plambSpa rete. tae ere) Nels iel 120,100 Bullpmeyasyean-olditrans plait spree ts ira rece acn cr: 1,600 FOREST, FISH AND GAME COMMISSIONER. OI GMM SOGUCe wAmyeat-Oldmiransplamus!, . 2 cv. qsen seo ae. co. 310,000 Manrclasyspruce sw year-olds transplants. . 75: 4.2 vesne «22 al 300 Miinvercedar 4 year-Oldstransplants.% oi ee ee. I, 500 iiiinerash) -ayyear-old transplants \4. 0520.5. . 50. St es 450 SN rellmare ere cere Me yi ta rtm RIES ck ice Beast a 565,450 As a rule we use 4 year-old transplants in our reforesting, but the Scotch pine makes such a rapid growth in our nurseries that this species attains a suitable size for field planting when three years old. Hitherto, we have held them in the beds until four years old, but their increased size proved objectionable. Their bulk increased the cost of transportation, their large root system required a larger hole in the planting, and the per- centage of failures was greater than in smaller plants. By restricting our plants to a certain medium in size we obtain better results in our planta- tions, both as to economy in planting and endurance of the stock. The Department now maintains four nurseries: 1. saranac Inn Nursery. This one is located at Saranac Inn Rail- road station, two and one-half miles from the hotel. It has a rectangular. area of two acres, inclosed by a substantial, well-painted picket fence. The transplant beds, laid out east and west, are four feet wide and forty feet long, separated by narrow, well-kept paths, with a wagon road run- ning through the center. For sprinkling the beds in dry weather the in- closure is traversed by lines of galvanized iron pipes at convenient dis- tances, fitted with hydrants to which rubber hose can be attached. The water supply comes from a large tank, placed on the hillside beyond the railroad, with a capacity of 5,000 gallons, and protected from the weather by a house, neatly built and painted. The tank is filled by a hydraulic ram a few rods away at the outlet of Little Clear Pond. The soil in this nursery is sandy, free from stone or gravel and is undér- laid with a bed of hard pan. To secure the necessary moisture and fertility 555 cubic yards of rich, black muck were hauled to the inclosure from time to time and thoroughly mixed with the soil. In addition, the ground received a liberal application of compost made from horse manure. This was expensive, but the thrifty growth of the plants has justified the g2 THIRTEENTH ANNUAL REPORT OF THE outlay. There are no nurseries in this country or in Europe in which I have seen as fine a stock of seedlings or transplants. In short, this nursery has proved successful in the highest degree, and its appearance has evoked words of hearty commendation from the many foresters who have visited it for purposes of observation and instruction. The stock in this nursery at this date consists of: Roupyear-oldstransplants) av\imites onl ep rews seme nmr tees 21,000 a i SCOLChM Dim Cusseta aren ere 90,000 B o Ball pie: ici weitere a ols aetna 1,600 f z, INGIBWENY GOGUIGSS ga coo ccooesogue doc 67,000 (nee \eeieOllelricaasjolleronysl, WNaiS jOUMS. co ecascccoanuevsncoce 66,000 : ‘ COLCA PIMe Piet ene nae ae aon 86 , 000 : ¢ ; Rediipine 7: Sesion: eee RE 13,000 diwouyear-oldvseediimes: amv ilntive soit eerie ete) ee 6 beds : - 2 SCOLC Hep IMe Maen cake it meee ve . f i Re PITe Wee ea hs oie tells Pastas eae Ce < . S ills pitae ee Percersecnsie cee eevee ee Laas ‘ rs NOR WalyeSORUCC Mies oa oer Operas One vear-oldieseedlingsia a WVilnttenpineni meer ae ce cae eiaee Oi ie : i “3 SeOlChy pine ss sere cer acy: oreo ae LT ys : i Redtpinery tigate tars sty iace erg aa . £ s Biurllypine a7. hes ios int cece eee DN Pie g se ig INaitivierredsspirice wy ans aye eee aya 3 3 7 INOEWayaSDRUCC se i ee Rigs 2. Experiment Station Nursery. This nursery is maintained in co- operation with the U. S. Forest Service, which pays one-half of the opera- ting expenses, the cost of permanent fixtures, fencing, tool house, water tower and irrigation plant being paid by the State Department. It was planned for an experiment station in which the growth of various untried species could be observed, and experiments conducted to determine the proper amount of seed which should be sown within given areas of seed beds, to test the relative merits of broadcast sowing or drills in seed beds, to ascertain what spacing in transplant beds would ensure the best results, “S€IWASUNN ULVLIS NYOA MAN ‘AZIS IVAUNLVN “~—ONI -LNVIdSNVUL AVOAAT ‘AIO SUVAA 2 ‘SONTIGHAS ANId ALIHM “SGIMASYNN ALVIS MUOA MAN AZIS IVYNLVYVN—d10 UVAA ANO ‘SONTIGHHS ANId ALIHM FOREST, FISH AND GAME COMMISSIONER. 93 to test the value of different fertilizers, and to work out so far as practicable the many problems incidental to the best management of a forest tree nursery. As the area is larger than is necessary for experiment work, the greater part of this nursery is used for the propagation of coniferous plants needed in the reforesting operations conducted by the State. This nursery is only a short distance from the one at Saranac Inn railroad station, and is situated within the forest on an elevated plateau south of the highway and a few rods east of the State Fish Hatchery. The plot is rectangular in form 170 x 1,082 feet, and contains four and one- fourth acres. It is enclosed by a substantial wire fence, high enough to keep out deer, and the forest which approaches it closely on all sides fur- nishes climatic protection. Work on this nursery was begun in the spring of 1906, when the ground on an area of two acres was broken up and some seed beds made. Last summer two more acres were added to the enclosure, the ground cleared and fertilized, and prepared for the beds which will be made next spring. The soil in this Experiment Station nursery is better than that in the one at the railroad station. It is not so sandy, and is covered with forest humus, although this layer was somewhat deficient in depth and quantity. In making up the additional beds next spring some black muck will be mixed with the earth, and for this purpose 125 cubic yards of muck were hauled from the pits this winter and placed near the fence ready for use. A complete irrigation plant has been constructed, the water being forced up the hill and into the tankhouse or water tower by a ram placed at the outlet of Little Clear pond, and at the side of the ram which supplies the Saranac Inn Nursery. At present only one end of the Experiment Station nursery is planted, in which the stock consists of: Wnree year-ollel ticeragoleraes, Woes jm 654 occu cocenesoe eek 61,000 ‘ ‘ ss SCOLCI imemngr acura iea le. AP aNNo 28,000 ome Ol dmuianoplantcm Oconee mines arm). ss...” 12,000 ; 3 e ING Gin CAN mee ute wratels Se asthe, ee vs pete: 5,00 Fa r Bien pyiey e ee aon eile cok oa i 5,000 A o e RIC Kat ontn Cova cece gi ac woh maei ear Sv aUN et hs BOO 04 THIRTEENTH ANNUAL REPORT OF THE Two year-old seedlings, SCOLCH OMe etn a eer ele eR eee 6 beds « « & Redipine en. oo ok a ee Dees « a é Wihite spine a4 702 ee eee Bree “ « a Atistralianypimes sae. ae « a i Jietireyapiner os nr see eee Pa « « se INOEWay Spruce: a. 22 eee 2a « « a White spruce dy 56.5" one nee Bae « « « Red (spruce.2. "as hyena eee ola « « o SulVier anit rancee cae ee ee ae ee 4 ‘ « « « Incense cedar. ae) eee a wile « tc « Bull pinews nen eae ee De « fe tt Balsam. ives pene co oe eee DS Fes « se us Buropeananrche sets eae Die One year-old seedlings, SCOtC hip mer a6 plea ese eee Lye « @ i Wihute spine cee jice vaste eee One « © Biullspimekics aa ee Qt ee « « is Japanesevlanchiss niin) Senators Tp « & f Siberianelancheanae Heer eee Ato « « « Red SONU C CE aewencmcer yeni eset cornet een 3 : « « & WV nitessonucel irs ae ae ees eee beens « & a Colorado blue spruce) =) ee Tithe « & “ [SraveSlbanehana S SjownwlCOs oo solos 0a0e- 1 tae « & Siberlanesprmicemnac) ss. ee Deere Awomyear.oldy handwOods.) 4) DOxeldehe aie ae ose 800 « « “ BuUtterntt wesc eeee a ee. eae 75 Onemycar-oldthardwoodsnaaboxcel dete tii eae ene 2,500 The beds of Engelmann’s spruce and Siberian spruce show a poor germination and contain so few plants that they cannot be included when computing the amount of stock. The seed beds are 4 x 12 feet in size, boxed and screened, and, when sown broadcast, each one contains about 10,o00 plants. All were sown broadcast, except two in which the seeds were sown in drills to test the relative merits of the two methods. FOREST, FISH AND GAME COMMISSIONER. 95 3. Wawbeek Nursery.— This nursery was established originally by the Cornell Forestry School, on the tract of land placed under the control and management of Cornell University. It is located on the highway near the Wawbeek hotel, a clearing of two acres in the forest having been made for this purpose. When the maintenance of the school was suspended in 1903 the work in the nursery was abandoned and the stock soon suffered from its neglected condition. The stock in the transplant beds was removed but that in the seed beds suffered from the crowded growth that ensued. In 1905 the State Forestry Department, through permission of the Uni- versity, took charge of the nursery, and after considerable expense for weeding, cultivation and rebedding, put the ground in good condition again. The enclosure has a substantial wire fence, and is equipped with sleeping tents and cook tent for the accommodation of the workmen, as there is no place within a suitable distance where they can obtain board. The soil in-this nursery is a rich dark loam, with a large admixture of the original forest humus. Although not gravelly, it contained a large amount of loose stone, which was picked off until the soil in the beds was free from these incumbrances. The ground is so damp that no irrigation plant is necessary. No fertilizers have been used, but the heavy condition of the earth, and its tendency to cake on the surface of the beds, may require an admixture of sand or ashes to bring the soil into a desirable consistency. The stock in this nursery consists at present of: Boursyear-olditransplants, (Norway spruce... 5-2 -....5..2.-.- 98,000 i i SCObehe piney eg apes ees II, 500 Ss : : WASILOR yim CPs eo cke cee ce So scien sins 9,000 . is . EVER ce clenigee gece ene ection Sera re 8 I, 500 ‘ - : Doucilacisprucesee ae a cee 300 f : é NiIniC tals em eee rennet say 450 since year-oldetransplants, White: pines a...) 3. 4 sone soe 7,000 : Z : SCovclapmiesm ey oe eee ee 6,100 iwormyeat-oldetrancplants., sVWiitespine.@. 2) 36. 30 ass: 6,200 . : a SCObChMMiner wea eee ee a Ba LOO 96 THIRTEENTH ANNUAL REPORT OF THE Two year-old seedlings, DCOLCHEPIRE Bas ee ete seuey ee eae 4 beds « «“ Me Nonwayispnuceye ns sen Sean oe « és « Red Sprucer putes fe oe ee 2) Nom One year-old seedlings, White pinesiese mn ser su ye nay, Meee Lich « @ & Scotch pines emer eee tow. \ eee Til eth « « as Bull inten tie npeew segs pet oe Dots « « Ks INorwaiysspEucenr astra eee wate « « « Red “spruce seit eon ek. 20 ee Tish « « ic uno peanm-lamclire armies ot. eee 2. tn The two year-old transplants in the above list consist of seedlings that were transplanted from seed beds when one year old. This was done partly aS an experiment and, further, because we were short of two year-old seedlings with which to fill our transplant beds. Although transplanted when only one year old these seedlings have shown a thrifty and satisfactory growth. In the commercial nurseries of Europe, the transplanting of seedlings when one year old is not uncommon. Two years ago we imported 300,000 white pine three year-old transplants which were grown in this way. 4. Axton Nursery.— This was also established by the Cornell Forestry School and operated under its management until the suspension of that institution in 1903, after which it was abandoned and uncared for until t905 when the State Forestry Department by permission of Cornell Uni- versity, took charge of it. The most that the State forester could do was to remove the weeds and bushy growth which had sprung up thickly, and then transplant the stock left in the seed beds, consisting entirely of Nor- way spruce. This nursery has an area of two and one-fourth acres, situated close by the group of buildings occupied by the Forestry School at Axton, Frank- lin county, N. Y. The wire fence enclosing this plot is in poor condition, and should be rebuilt this year. The soil is a light, sandy loam. It needs fertilizing, and so a large quantity of manure will be hauled this winter from the lumber camps at Ampersand Pond, and unloaded at the nursery ready for use next spring. No provision has been made for a water supply with which to sprinkle the beds. There is a windmill and pump on the bank of the Raquette -LVN % “SUIMASUNN ALVLS MAOA MAN ‘aZIS TVMN — GHINVIdSNVUL ADNO ‘C10 SUVA ¥ ANId ALIHM “SUTMASYNON ALVLS MAHOA MAN ‘AZIS Ivan -LVN Z—GALNVIdSNVUL AONO ‘GIO SUVAA V “ANId HOLOOS FOREST, FISH AND GAME COMMISSIONER. 97 river near by, but the laying of pipes and construction of a water tower would cost so much that it seems better to operate this nursery without using any water, the same as done hitherto. The stock in this enclosure consists at present of 145,000 four year-old transplants, all Norway spruce. These plants will be taken up next spring and sent to the plantations at Ray Brook, in Essex county. This will leave the entire area bare. If this nursery is to be maintained new seed beds will have to be made and sown; and a supply of two year-old seedlings to fill the transplant beds must be purchased. The cost of raising four year-old transplants, coniferous species, is about $2.50 per thousand, as near as I can estimate. In the European nurseries this expense is much lower, owing to the lower price of labor, and the employment of women and girls in weeding, transplanting, and bundling stock for shipment. We buy plants in Europe, as our nurseries will not at present furnish an adequate supply for our plantations, but owing to the expense of transportation this imported stock costs us about the same.* Last summer Forester Woodruff, who had charge of the Wawbeek and Axton nurseries, noticed that in the former one several plants were in a sickly condition without any apparent cause. On examining the roots he discovered the presence of a white grub, or worm, that was eating them. On digging into some of the other beds he found that the ground was infested with them. He identified the pest promptly as the larva of the June bug and took immediate measures to rid the ground of them so far as possible. A few of these worms were found in the Saranac Inn nursery also, but they were discovered before any plants were destroyed. I submit here a special report on this pest made by Forester Woodruff: To Wituiam F. Fox, Superintendent State Forests: sir.— In August and September, 1907, the State tree nurseries at Wawbeek and Saranac Inn station, Franklin county, N. Y., were infested by an insect pest that previously had never been observed in forest tree nurseries. * Since the above was written we have found that the imported trees are often diseased and we are not buying any more foreign stock. Details of our experiences are found in the reports for the years 1909 and 1910. —[Ed.] 98 THIRTEENTH ANNUAL REPORT OF THE The damage done in the nursery at Saranac Inn station was insig- nificant in comparison with that in the one at Wawbeek, and will not be considered in this report. Early in August, 1907, 1t was noticed that a few of the seedling trees in the beds of one and two year-old transplants of white and Scotch pine appeared to be dying. Upon examination it was found that each plant had been cut off from one-quarter to one-half an inch below the surface of the ground, and that their roots had completely disappeared. On digging into the ground about these plants a large white grub, about an inch and a half long and as thick as a man’s finger, was found. It was often caught in the act of eating the roots of one of the living seedlings immediately adjoining the one or more already destroyed. This grub gradually increased in numbers, and with this a correspond- ing increase in the number of young plants destroyed, until about the second week in September. From that time on their depredations became less and less apparent, and ceased entirely during the last week of September. Whether this was due to the fact that the majority of the grubs had been dug up and destroyed or that those remaining had, on the approach of cold weather, ceased feeding and had burrowed deeper into the earth to pass the winter in a torpid state, cannot now be determined. The probabilities are that both facts were true. The transplant beds were gone over carefully every morning, and wherever freshly-killed plants were found the ground beneath them and beneath all the living plants within a radius of about one foot was dug up to a depth of five inches or more. In that way the grub that did the damage was almost sure to be found, even though it had moved on to attack the roots of an adjoining plant. The uninjured transplants were immediately reset and received no harm from the operation. It was easy to discover where the grub had been at work, for the leaves of a pine seedling that had lost its roots would begin to droop within a few hours after the damage was done. A single grub would destroy three or four trees in twenty-four hours. By pursuing the above method a total of 460 grubs were found and destroyed. Confining their operations at first to the forty-four beds of one and two year-old transplants of white and Scotch pine, later on a few invaded FOREST, FISH AND GAME COMMISSIONER. 99 the seed beds of white pine, larch, and red and Norway spruce, sown the preceding spring. In these beds the grubs would not only feed on the roots, but also on the tender stems of the young seedlings, drawing the stems down below the surface as fast as they were consumed until the leaves were level with the surface of the ground. In some cases this did not kill the seedling, for occasionally the cut end of the stem, no matter how short it was, would heal over and put forth new roots. One grub would destroy a patch of from ten to forty seedlings in the course of a single day. Eighteen out of the 460 grubs destroyed were found in these seed beds. It is quite probable that they were also at work in the beds of the large four year-old pine transplants, but as the roots of these trees are large and tough, only some of the new and tender roots would have been eaten, and not enough of them to injure the plant seriously. At any rate, none of these trees showed any indications that it had been injured. About 2,400 seedling trees in the Wawbeek nursery were destroyed by these grubs during the two months of August and September. As this pest confined its operations to the soil below the surface of the ground, there was no way of learning of its presence until the damage had been already done. By digging up and destroying the grubs wherever their presence was indicated there can be no question that a much greater loss was thereby avoided. Allowing for these plants a day per grub, the 460 that were destroyed would have killed over 40,000 transplants in the course of asingle month. But as these grubs are supposed to live and feed through two successive summers (see life history below), the number of transplants destroyed by these same 460 grubs would probably have amounted to at least 200,000. However, in hopes that some method could be found that would exter- minate the grubs before they could do any further damage, letters were written to the United States Forest Service, office of extension, and to Mr. Austin F. Hawes, State Forester of Connecticut, to learn if either had any experience with this pest in their tree nurseries, and, if so, what methods of prevention or extermination had been adopted by them. Both Mr. Spring, chief officer of extension, and Mr. Hawes replied that they had never known of any such injury done to young plants in their nurseries, 100 THIRTEENTH ANNUAL REPORT OF THE and therefore were not in a position to give advice. Letters were also written to Dr. A. D. Hopkins of the Bureau of Entomology, United States Department of Agriculture, Dr. E. Porter Felt, State Entomologist of New York, and Dr. W. E. Britton, State Entomologist of Connecticut. The replies from each were to the effect that this grub had not heretofore been known to attack nursery trees, and that it would be a difficult thing to find any remedial measures to eradicate, or even limit the damage done by them. Soaking the ground with kerosene emulsion was suggested, but this method would not only be very costly, but in order to kill or drive out the grub the solution would have to be made so strong that it probably would kill the transplants as well. Specimens of the grub were sent to Dr. Hopkins and to Dr. Felt for identification, and both identified it as the larva of a species of Lachnosteena, probably that of Lachnosteena fusca, which is the familiar May beetle or “June bug.” The identification was not positive, for entomologists are not as yet sufficiently familiar with the larval characters of the beetles belonging to this family to accurately determine the species when in the larval stage. It may be well to give here a brief account of the life history of the May beetle, so far as it is known, as this will explain some of the difficulties we will have to contend with in our effort to combat it. Lire History. Because of the hidden, subterranean life of the larva of this beetle, its life history is very imperfectly known, particularly as to the length of time required for the growth and development of a complete generation. Reliable observations are almost wholly wanting. The adult insect, or beetle, is too well known to need any description, for few people, if any, who have been in the country during May or June, have not been annoyed by the large brown May beetle (or “ June bug ’’) flying into the room through the open window, buzzing about the walls and butting into the lamp on the table. Soon after pairing in June or July the female creeps into the earth and deposits her eggs one at a time to the number of forty to fifty, at depths varying from one to six inches. Each egg is encased in a small pellet of “SATYASHUNN ALVIS MYOA MAN ‘SATWaASHON ALVIS HAOA MAN ZIS TVANLVN aZIS TVaiNn Y%w—GALNVIdSNVUL AONO ‘GIO SUVAA ¥ ‘AONAdS AVMAUON “LVN %— GHLNVIdSNVUL AONO ‘G10 SUVAA ¥ ‘ANId AVMYUON FOREST, FISH AND GAME COMMISSIONER. IOT earth. These hatch in the course of a month, and the grubs, growing slowly, do not attain full size until the early summer of the third year. During the summer months they feed near the surface of the soil, but with the approach of winter they descend to a depth of about two feet as a pro- tection against the cold. As soon as the frost leaves the ground in the spring they come up from their winter quarters and resume feeding. In June or July of the third year they construct an ovoid chamber, lined with a gelatinous fluid, and change into pupe. These begin to change to the beetle in August or September, and remain under ground in this stage until the following spring, when they emerge in large swarms to begin the reproduction of their species. Though the larva of this insect has heretofore never been known to attack tree nurseries, it has long been considered as “one of the very worst and most insidious of the farmer’s foes.’’ In the early eighties its depredations were so severe in Washington county, N. Y., as to cause damages amounting to thousands of dollars annually. They have been such a serious pest in IIlinois that this State has lately appropriated a large sum of money to find means for eradicating, or at least limiting the damage done by these insects. A bulletin has recently been issued by the Agri- cultural Experiment Station of the University of Illinois* as a report on the studies and investigations that are being made there. They sometimes feed upon the roots of grass in such numbers that large patches will turn brown and die, and the turf can be readily lifted. Whole cornfields are sometimes completely destroyed, and excessive damage is done to wheat, barley, potatoes, strawberries, hops, and other farm products. The adult beetle, which is a leaf-eater, occasionally swarms in such numbers as to completely strip the foliage from many of our fruit, forest, and shade trees. The grub has a number of natural enemies which prey upon it, and which should be protected in districts where the depredations of this insect are severe because of their value in serving to keep its numbers down. The * On the Life History, Habits, and Economic Relations of the White Grub and May Beetles. — Bulletin No. 116, University of Illinois, Agricultural Experiment Station, Urbana, Illinois, August, 1907. 102 THIRTEENTH ANNUAL REPORT OF THE most important of these are the hog, skunk, fox, weasel, mole, domestic fowl, blackbird, crow, and a few parasitical insects. The skunk and mole are of especial value because of the large numbers of the grubs which they destroy. Proposed Methods of Prevention. During the spring and summer of 1908 it is proposed to pursue the following methods in an attempt to prevent, so far as possible, any further damage by the White grub. 1. Three-fourths of the area of the Wawbeek nursery will be plowed up in the spring of 1908 and new beds made, as the trees at present occupy- ing this area will all be taken out and sent to the plantations. While this is being done, a man will be detailed to watch for and destroy all the grubs and beetles that may be turned up by the plow. 2. As the adult insect is readily attracted to a bright light, a sufficient number of “trap lanterns”’ will be placed in and around the nursery. These traps will be ordinary kerosene lanterns placed over large tin trays, each containing kerosene to a depth of about half an inch. It is believed that the majority of the beetles that may fly into the nursery or emerge from. the ground will be captured before they have had an opportunity to lay their eggs. 3. All the beds will be carefully watched throughout the season, and wherever there is any indication of its presence the grub will be dug up and destroyed. EDWARD SEYMOUR WOODRUFF, State Forester. The foregoing report is inserted here as it describes in detail a new and remarkable condition, and this discussion of the subject will undoubtedly prove interesting to every forester who is concerned in the management of a forest tree nursery. THE LAST LOAD FOREST, FISH AND GAME COMMISSIONER. 103 Area of Forest Preserve. The lands now owned by the State of New York within the counties of Clinton (except in the towns of Altona and Dannemora), Essex, Frank- lin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren and Washington, in Northern New York, and within the counties of Delaware, Greene, Ulster, and Sullivan in the Catskill region, these lands constituting the Forest Preserve, have an area of 1,548,450 acres. This includes 28,151 acres which were acquired by purchase during the year 1907. Of the land thus bought, 23,224 acres are in the Adirondack Park, and 4,927 acres are in the Catskill Park. Of the total area there was, January 1, 1908, in the PM alina@nn Gra Ck neSEnVvieHit cits. Sein kle suns oulawink wae 4 I, 438,999 acres Se AVes alll MRO SE TVS Mee N case tts Mt sies dows calling i aysngr a aos a mapa es ROOM AGIs Biosciences eb techn ee? escc. ih ounce Son eik awe ane ow 6 1,548,450 acres Not all of the lands in the Forest Preserve are situated within the Adirondack and Catskill Parks. There are 128,979 acres outside these parks, located as follows: lnNclin@mcdack! COUMLIESs 5 a7 4.4.25 se cls oe eee eee bs 118,923 acres tim Cares ell coumtiese an tn sien es eaten pete ieee ces Glee s TO,OK | BN allie peer tee certs acd iN ore we Com cat il at ace ial te Se 128,979 acres All of these outlying lands were acquired from time to time through tax sales. The only loss in acreage by redemptions or cancellations of the State’s title in 1907 was that of 111 acres, situated in Lot 4, sub. 4, Rogers (Platt) & Co.’s Road Patent, town of Schroon, Essex county. The State’s title to this lot, acquired at the tax sale of 1900, was canceled by order of Hon. William C. Wilson, State Comptroller, on application of Mr. Clarence L. Weeks, of Schroon Lake, N. Y., for the reason that this land was doubly 104 THIRTEENTH ANNUAL REPORT OF THE assessed, both as a resident and nonresident, and that the taxes as resident land had been fully paid. But the State subsequently regained 81 acres of this land at the tax sale of 1905. In addition to the acreage of the Forest Preserve as already given here the State acquired at the tax sale of 1905 various lots containing in all 1,183 acres situated as follows: Ghhirntro ilar Saar eee a eee eines OO Spee ihe CO Me 50 ESSEX pace ineee Tiree Mihi ph tte ca Oi Ma NL eee 82.90 a reenable cca oo rater aks crea he ear Pee on ee ea 160 YUE Ora Pear yee newest sais case gece Regen eC ne Zones lagna Omg geet nt Oats tht 20 Canes eee nena Bae f SOs Waly flonase ee Nena Bt a, eA Fen I 102.27 Delaware ia ae cate ie eee eee ee 203 OULU elles cca ere hota te Coe eee ER aac ia 25 IS Ge tet se es estas le cos nen me SR glee 499.93 AGG ere al Gt Sie, eee ren ere eI ts eA a) Oey As the time for redemption of many lots included in the above list has not expired, the acreage was not included in the statistics showing the area of the Forest Preserve. Taxation of the Forest Preserve Under the provisions of chapter 280, Laws of 1886, the State lands in the Forest Preserve are ‘ assessed and taxed at a like valuation, and at a like rate as those at which similar lands of individuals within such counties are assessed and taxed.’’ This law was passed in response to an urgent demand from the residents of forest towns, who claimed that the highways, bridges and schools in their towns could not be maintained unless the land acquired by the State were taxed the same as when they were under private ownership. From the records in the Tax Department in the Comptroller’s office it appears that for the fiscal year ehding September 30, 1907, the taxes paid by the State on its lands in the Forest Preserve amount to FOREST, FISH AND GAME COMMISSIONER. TO5 $103,358.70, or seven and six-tenths (7.6) cents per acre. The assessed acreage on taxes paid by the State in each county was as follows: No. acres Assessed Tax paid Rate per COUNTY assessed valuation by state acre MiG fs eo eck aos cets 23,598 $25,033 $621.89 $.026 Weleware: Fe. ee LO 2AY 13,656 ages .034 PSS ONG Ee ee NE Sa Ys 2S OMOHnE ALG , 26S. UO 172 OR .065 HepwenMliiave seeps tie) eae ees 90,942 128,104 7,176.98 .079 PMB ore le si as 22,816 Bee Ow ZOLA O4 5057) SECC MD eco ocala plete es 4,592 Bes LO2HO2 022 slernaiib@nie ec. 6. Fcbet es G2 Osea OF Shs anes 0), A Ol 3 .097 MeL S tEAM Ios ss sie an, 138,878 337,841 8,106.74 .058 Ne VSP ccs ke he Dee SOs OS 22 HORS Wivetaleeen = 565 oe egisles BAB BE2712 59.81 -O17 Silawmence. « .. 2.3)... 27,150 93, 386 ISS OS O57) See ees se eGov ie esas TORUS OO 434.84 0.43 SNM FS es 204 230 4.40 HOLS Iii. ere 73,084 99,986 BOZO On52 VN GhEICi01 ly 2 eae T13,092 167,136 6,544.50 0.58 plow Sie ele... TH OOMOS CMD IOLA Oi mp OR Os 47/0) tir see. It will be noticed that the total number of acres assessed is 1,360,050, although the area of the Forest Preserve at the present time amounts to 1,548,450 acres. Part of this difference is due to purchases made since the Comptroller’s report, and the remainder, to the fact that in many towns the assessors omit State lands from their tax rolls because the amount of the tax would not pay the expenses of the duplicate roll, which under the Law of 1886 they are obliged to file each year in the office of the Forest, Fish and Game Commission. Although the Comptroller’s last report is brought down to September 30, 1907, it does not include taxes on any lands purchased since July, 1906. Furthermore, the town assessors are accustomed to omit water areas, which, on the other hand, are included in my computation of the total acreage within the Forest Preserve. I06 THIRTEENTH REPORT OF THE FOREST, FISH AND GAME COMMISSIONER. The high tax rate per acre in the Adirondack counties as compared with that of the Catskill region is due to a large area of valuable timber lands in the former districts, a large proportion of which has not been lumbered. The town having the highest tax rate is that of Long Lake, Hamilton county, in which the State lands on an average were taxed at the rate of over ten cents per acre. This high rate was caused in part by the value of the State forests in that county and, largely by the tax rate, which is higher in that town than in any other of the Adirondack counties. Very respectfully, Wit rAwn seek one Supt. State Forests. ALBANY, December 31, 1907. Zz e S = 2 ~~ = ry AN UP TO DATE PORTAGI Report of the Department of Forestry For the year 1908 Hon. JAmMEs S. Wurppie, Forest, Fish and Game Commissioner: IR. — The work of the Forestry Department for 1908, as usual, was S varied and consisted of the administration and protection of over one and one-half million acres of land owned by the State situated in twelve Adirondack and four Catskill counties; the protection from fire of all forest lands in the Adirondacks and Catskills, without regard to ownership; gathering statistics from the many hundred sawmills and pulp mills within the State and then tabulating these returns in order to ascer- tain the kinds, and total amount of timber cut during the previous year. Reforesting State land has also been carried on extensively and has now become one of the most important kinds of work performed by this Depart- ment. Additional lands have been acquired for the Adirondack and Cats- kill Parks; several investigations have been made, the results of which will be embodied in later reports. A detailed report of the different kinds of work maintained will be found in the following pages under the headings of Trespasses, Forest Fires, Annual Forest Production, Reforesting Operations, The Forest Preserve and Investigations. Trespasses During the year but sixty-five trespasses were committed in the State Forest Preserve. They were all carefully measured and reported to the Legal Department of the Commission for prosecution or settlement. Forest Fires Serious forest fires have occurred in past years, but heretofore such fires, in any year have been confined to a single season. This year, how- 107 108 FOURTEENTH ANNUAL REPORT OF THE ever, was an exception, and fires occurred at ditferent times from April 15th until as late as October 26th. In 1903 the fires were confined to about ten weeks during the spring months. In 1899 they occurred chiefly during the month of August. Forest fires are caused by various agencies; but in order to make the conditions dangerous and fires of general occurrence, dry weather or the absence of regular rainfall is essential. When the snow disappears in the spring the dry, dead vegetation of the previous year is exposed to the sun and winds and soon becomes inflammable. The greater amount of material on the ground, the greater the danger. But the actual danger comes when this inflammable material is sufficiently dry to ignite readily and burn rapidly. In the open, such a condition occurs early in April and often before the frost is even out of the ground. The dangerous condition exists until new vegetation has grown, and its green, moist foliage acts as a screen to prevent the ignition of the old inflammable material underneath. In the forest the snow remains later in the spring; the shade retains moisture very effectively, and becomes an important factor in preventing fires. If the spring rains are copious and warm, the dead vegetation does not become dry enough to catch fire and the new growth starts quickly; but if the ordinary spring rains do not occur fires will start as in 1903. During the summer while the foliage is green the danger from fire is comparatively small, if the ordinary rains occur. In the autumn months when the leaves have fallen and frost or natural causes have killed nearly all the vegetation there is another dangerous period, especially if the weather is dry, until snowfall. Such is the condition in the Adirondack and Catskill forests, and whenever droughts occur fires are bound to follow. It has been suggested that forest fires are becoming more extensive and increasing in number. ‘This is partly true, but needs an explanation. Forest fires are bound to occur as long as careless hunters and fishermen are allowed to roam our woodlands at their pleasure, and the railroads are permitted to scatter live sparks along their lines. Any law, no matter how carefully drawn, must have the moral support of the community and a generous public sentiment in its favor to be effective. Pleasure seekers and others who are not familiar with woods life must be taught the dangers of fire and how easily one can be started. The popularity of our forest regions “NOILONUYLSAC TIOS ALATAWOD LSOWIV GNY dvad T1y SdauL “SLSUM GIVI ONODT LV auld 4A Yaa v LSeHtOu GOOMGUVH AHNUOA Ae ii M + ee REN a” et ecg, Pe Vien fad ere evr FOREST, FISH AND GAME COMMISSIONER. I0gQ is increasing, and each year more people are availing themselves of the benefits of those great health resorts and receiving pleasure by hunting, fishing and camping. In this manner it is easy to account partly for the increased danger because there are more people in our forests. It is easy to comprehend that increasing the use of our forests at the same time increases the danger from fires. There is another matter which must be considered in this connection. Whenever fire burns over a piece of land the chances are greatly increased that it will be burned over again. This is accounted for by the fact that ‘fires are not likely to originate in the green forest; but if they do start and kill the forest vegetation the chances that it will burn over again are increased probably fifty times, because after a fire occurs a very inflammable growth consisting chiefly of “ brakes,” fire weed and other plants of a delicate structure which grow profusely, die each year, are pressed flat by the winter’s snow, quickly dry in the spring, and furnish the very best kindling for another fire. These fires in dry season spread with almost marvelous rapidity, especially if a strong wind is present. If not checked they soon attain such headway as to be almost beyond control, and not only burn over the former fire area, but often spread into green timber, thus increasing the fire slash. Such in brief is the history of the burned area in our forest sections. The severe fires of 1899 occurred in August after a prolonged drought, the critical period lasting only a few weeks. The destructive fires of 1903 occurred in the spring of that year and were largely the result of the absence of rain which prevented the development of vegetation and produced a dangerous situation both in regard to control of fires and the chances of new ones starting. Forest fires occur every year in some part of the country and they are always associated with the decrease in rainfall. The season of 1908 will long be remembered in this State on account of the great drought caused by the lack of rain. This drought extended from June to October, inclusive, a period of nearly five months. The woodland fires were nearly all confined to this period, the situation growing more dangerous as the period of drought continued. In order to show the deficiency of rainfall the following records have been secured from Mr. L. W. Brown, Co-operative Observer of the United IIo FOURTEENTH ANNUAL REPORT OF THE States Weather Bureau at Keepawa Station, Herkimer County, N. Y. The rainfall at this station was as follows: June, total for 30 days, 4.04 inches. July, total for 31 days, 4.10 inches. . August, total for 31 days, 3.56 inches. september, total for 30 days, 1.79 inches. October, total for 31 days, 1.63 inches. Such a period of scant rainfall extending from early in June until nearly November 1st is almost phenomenal in forest sections. That the record at Keepawa Station is not an exception to the general condition, but even shows 3.07 inches greater rainfall than the average of nine other such stations in the Adirondack plateau for this same period, will be seen from the following tables: RAINFALL IN THE ADIRONDACK PLATEAU, SEASON 1908 ) oo AVERAGE OF RAINFALL NORMAL DEPATURE MONTH NINE STATIONS KEEPAWA RAINFALL FROM NORMAL sia RR Nevers riers 2.40 inches 4.04 inches 4.29 inches —1.89 inches ditthyperatewe ede yan, eee Sse eke AlesT Oma: Aw ANa ue Nees O30) PAUL GSL Meaban prt eee ret |e ZENG SON) me Boge ue AGO} aan ~—1.49 “ SEP LCM Cie tat rr ore || eel 02 emis ey OMe Bdge Oe ——2) Oe ae October Same iiay THOR VEE EOS sens Be Omid —1.53 “ Motallicesns sass 12.05 inches 15.12 inches 19.85 inches —7.8o inches 5 : 9-05 7 Thus it will be seen that the average rainfall during the season of fire was actually 60 per cent. of the normal precipitation. Another condition which made matters worse was the long intervals between the storms. From June 3d to June 29th, at Keepawa, inclusive, there was no rain except three thunderstorms; from June 30th to July 14th, inclusive, one light shower and a thunderstorm. But from July 14th to the 22d a fairly reason- able amount of rain fell which would have been adequate under ordinary conditions. From July 30th to August 4th almost no rain; .35 inches of rain fell September 2d and 3d, and no more rain until the 28th, nearly four | weeks, and then it was only 1.35 which was not nearly sufficient to put out ‘dNVI ALVIS NO SI LI SV GUZIILN Ad LON NVO IVINALVW AHL LA ‘NaTIVa AONIS aAVH UL “SLoow LV ATO GUNUNA SATAL ‘HOW ‘NIVINNOW SIDUM LS ‘HLMOND LSANO. AAVAH NI ONINYNE ANIA I FOREST, FISH AND GAME COMMISSIONER. Tere fires. During October no rains of importance occurred until the drought broke on the 26th. The Climatological Report of New York State published by a branch of the United States Weather Bureau at Cornell University makes the following statements in the “ Monthly Summary.” During the month of May “ the precipitation was considerably above the normal and was quite evenly distributed throughout the State. It is to be noted, however, that the greater part of the rain fell during the first part of the month and that there was in parts of the Adirondacks a deficient rainfall for the last part of May.” In June “ the precipitation of the State, as a whole, was considerably below the normal. The distribution was fairly even. A deficiency was marked in some counties of the eastern and northern plateau.” —= month: of July — for the State was con- siderably below the normal. Percentage of sunshine exceptionally high.” “ The average precipitation for the State was decidedly below the normal ”’ for August. 7 The “ precipitation In September “ The precipitation for the State was much below the normal. On the 6th a light general rain passed over the State. From the 6th until the 28th no rain of consequence fell except light local showers on the 19th and 24th. On the 28th a heavy and general rain set in and con- tinued the forenoon of the 29th (1.34 at Keepawa, Herkimer County). This had the effect of suppressing the fires and generally mitigating the effect of the drought, although much more rain is needed to start vegetation and restore the soil to its normal amount of moisture. Sunshine fully 80 per cent of the possibie.”’ ~ The precipitation for the State ’’— month of October — “‘ was much below the normal.’ During the first two days of the month light rains prevailed over most of the State (.2 at Keepawa, Herkimer County). On the 8th rain set in near the lakes and became moderately heavy over the entire State on the rith (.61 rainfall at Keepawa). From the 12th to the 23d, inclusive, practically no rain fell. Onthe 24th a general rain began and rainy weather continued throughout the State until the close of the month, when a prevailing low temperature caused a change to light snow in the southern part.” 9 ee FOURTEENTH ANNUAL REPORT OF THE Th2 *90U0 ULYY IIOU poJIOdoI 910JOIOY IIOM PUP SUAO} 9IOW IO 9UO UI peusnd sory [eteAes yey} Jory ayy Aq IoJ pounooor si siyy, “bro sem poqioder ioquimu oy} ynq ‘$og sem sory JO IoquIMU JEN sy yx £28 “by 92S ‘9er 730 ‘6z9 coc oSg ‘41 6r1‘g6r £26 ‘691 69S ‘rZ vv, aa COOr cyy ‘ve Ti Olome ac zQz‘S6Q BOL‘ CE Ser ‘tz 06S ‘zie gc6 ‘Ler ZQL‘18 ebg | Sa £061 STIIMSLV) GNV SHOVGNOUIGY JO IVLOL oft Shotz | $9 ‘61 ieee tes eat teen | Med ¥ oder ours: £L9‘8 goby ‘zi fo2‘v wir. [rr 9o gobr Sz veo‘L SLo‘6z OOI Sg _ 69h ‘oz 099 ‘SI zob ‘Y Oise eter ala nes £oo1 STTINSLVO S6€ ‘bY 6€S ‘ozr o£z ‘609 Zoe “Le oSg‘Lr | oLb‘6g1 LE LS get ‘ol vzS fete gobr giv ‘red LSv‘Shi¢ Loz‘ggo¢ g69 ‘FE och‘ vz | TCA ONG ggo'elt 062‘ LL | Los emeene COm UaaWIL aLSVM Wad WIL ALSVM ; adi 7 caiggtige| Taapusse | Cues eee WO aN IVA | dO aNTVA ONIN IEE UAGNAN | waawan | BYES do AN IVA Ganwoad TVLOL ANVI ALVIS ADVAMOV GaUNadnd ADVAAOV TVLOL SMO VANOUIGY go6r GNy £061 ‘SquId LSANOA AO NOSINVdNOO COMPARISON OF THE Beenie AL CAUs FOREST FIRES FOR EIGHTEEN YEARS GEDA RAILROAD FIRES FALLOW FIRES FISHERMENS FIRES HUNTERS FIRES Hh CAC A PCAC ANY WAT TVD SS NUMBER OF FIRES pak ed es YED BY FIRE. ee a nN x) a = o n a Z < K Yn) (2) 4 9 = FOREST, FISH AND GAME COMMISSIONER. I13 This data is not published here merely to explain why the conditions were so bad, or to minimize the fire loss, but to show that they were the result of causes beyond human control. The efficiency of the fire warden service of our Department can be far more effectively shown by comparisons with fires in other years, and what other States were able to do this year under similar circumstances. This shows in a striking manner that the organization, personnel and efficiency of our fire warden system has been greatly improved since 1903 and that it is in perhaps as relative high a state of efficiency as can be attained under the present law. The gravest danger in our present system lies in the fact that the law does not provide sufficient means for preventing fires. Its purpose is to han- dle fires after they are once started. During the past year $189,661.51 has been spent for fighting fires which caused a loss of $802,135, making a total loss of $991,798.51, a sum which would provide an ample patrol for the ordi- nary routes of water, road and railroad travel for a long period of years, and would reduce the fire losses toa minimum. Why not spend a small sum for protecting our forests,— worth mullions of dollars as a commercial proposi- tion and of immeasurable value to the State,—1n preventing a loss that can- not be replaced in a generation, and in some cases not even in centuries? The efficiency of the Department is also shown in a striking manner, when compared with the States of Maine, Minnesota and Wisconsin which have large forest holdings similarly situated. CoMPARATIVE Fire Losses InN Four States, 1908 | | | NUMBER | TOTAL ACREAGE | COST OF FIGHT- Se | ey Paes ORRIRES | BURNED ING FIRES | | | INGxvan GOrKen aoe vain eee oe $802,135 00 605 | BOSHO7 20) prOGMOOm 51 IM ifasita eyfhrtid cen sits Frakes | 618,816 oo oom TAZ BO Not given IMaraimeso ta lec by aeae ie | 2,003,633 co Big | 405,748 Not given NES Comite ier ee | 9,194,379 oo Tels | TOO MCe 99,670 00 * Exclusive of cost of fighting fires. y+ Annual Report of Forest Commission, 1908, page ro. ~ Special Report of Forest Fires, 1908, page tr. § Annual Report of State Forester, 1908, page 68. esta FOURTEENTH ANNUAL REPORT OF THE Another great trouble with the law is that it often prevents the securing of competent men for firewardens. Under the present statute wardens are paid only while actually employed, and in ordinary years this means a very small remuneration. In order to secure good, desirable, efficient men they must be paid. The kind of man needed has the ability and energy to make money in some occupation and he cannot afford to give his services or neglect his business at times for a few days’ work. There are cases where men are doing such services because of their interests in the forests, but there is no good reason why a capable firewarden should not be paid as generously as any State officer. When our firewarden service is on a paid basis we will have a force which will be able to cope with any conditions. Measures should be taken also to locate watch towers on elevations so situated as to embrace a view over large forest sections. These towers or “lookouts ”’ should be in charge of a man familiar with the region, supplied with telescope, compass and maps, and in communication by telephone with firewardens in order that fires can be located and help despatched at the earliest possible moment. It should always be borne in mind that the time to fight a fire is when it is small, the smaller the better, before it gains head- way or causes destruction, and hence every means should be used to save time in this respect. I submit herewith a letter received from the Hon. E. E. Ring, Forest Commissioner of Maine, in reply to one written asking him for informa- tion in regard to the use and value of lookout fire stations in his State. STATE OF MAINE OFFICE OF Lanp AGENT AND FOREST COMMISSIONER EDGAR E. RING, Land Agent and Forest Commissioner Avucusta, Jan. 26th, 1909 Mitta CS Rem anise State Forester, Albany, N. Y.: , DEAR SIR.— Replying to your favor of the 21st inst. will say, that we have in this State nine lookout stations located on high points of land, in which men are sta- tioned during the summer season to watch for forest fires. They are a great success and we expect to establish a number more the coming FORES., FISH AND GAME COMMISSIONER. is season. They are connected by telephone to the nearest firewarden and are equipped with a range finder, compass, strong field glasses, and a plan of the surrounding coun- try, drawn to a careful scale. With these instruments our wardens have located fires accurately 30 miles distant, notified the wardens and had them extinguished before making any great headway. The cost of installing these stations of course depends upon the length of telephone line, but we have estimated that the stations in this State cost from $400 to $800. As the cost of construction has been borne by the landowners, the State paying the wages of the men in charge of the stations, we have no absolutely correct figures as to the cost of these stations, but, as stated above, it depends wholly upon the length of the telephone line and equipment purchased. In your Adirondack region it would seem to me they would be very successful, as there are a number of high points in that territory, as I understand it, where they could be located. In my opinion one man located at a station will do more effectual work in discov- ering and locating fires than a hundred would patrolling. Of course patrols are needed to follow up camping parties, and with a good system of lookout stations and patrols you have got a system for fire protection which is pretty near the thing. Very truly yours, 19, IDA ISUN(C In order to determine the remedies to be adopted, a study of the causes of forest fires is necessary. It is also interesting to note these causes for a period of several years and study them carefully. It has been found that cinders and sparks from railroad locomotives, fires for clearing land, hunters and fishermen are the most prolific source of fires, and so these four causes have been used in preparing the accompanying diagram. In this table the four principal causes of forest fires have been plotted to indicate graphically the number for which each one of them is responsible. This table was compiled from reports in this office extending over a period of eighteen years. Each cause is represented by distinct lines. It will be noticed that while the number of fires varies from year to year, on the whole the number is increasing each year, although 1906 compares favorably with t891. When fires do occur, as is the case in dry times, each cause helps to increase the total number. It is interesting to note here the relation between causes and conditions; e. g., hunters’ fires were of great number in t899* and 1908 because the fire season and the hunting season occurred at * The open season for deer hunting in 1899 began August 15th, and the fires occurred in the latter part of August. 110 FOURTEENTH ANNUAL REPORT OF THE the same time; on the contrary, hunters’ fires were less than the average in 1903, because the fires occurred when there was no open season for hunt- ing. On the other hand, fishermen’s fires were not above the average in 1899, but were very numerous in 1903, because the fires occurred that year in the spring and early summer, when most of the fishing is done and were only increased by ten to fifteen in 1908. It will be noticed that up to and including 1900, the burning of fallows, brush, logs, etc., to clear land was the cause of more forest fires than any other agency. In that year a Chief Firewarden was appointed. He became acquainted with the town firewardens and instructed them in their duties, securing greater efficiency mm this work. The law prohibiting the burning of fallows from April 15th to June 1st, and from September 15th to November roth, was rigidly enforced. The result of this law and the work of the Chief Firewarden and his assistant wardens is shown by the diagram. In rgor there were more railroad than fallow fires, and the same ratio has continued ever since. The fallow fires have been on a comparative decrease each year and in 1908 were one of the least important of the causes of fires. The railroad fires have been on the increase. The cause of railroad fires,— dropping hot coals and sparks along the lines of the railroad,— being always present, only enough favorable weather to dry the grass is needed to start the flames. The dryer the weather the greater the increase in danger and damage. The railroads set more fires than any other agency in 1903, and did it again in 1908; but the chart does not show such to be the case in the past year. The less number of fires in 1907 and 1908 for railroads is a direct result of a patrol inaugurated by this Commission. These patrolmen extinguished hundreds of fires in their incipiency, and these are not included in this diagram, because it was made from the reports of the town firewardens which do not include fires of less than one acre in extent. All told about 2,500 fires were set by railroad engines as shown by evidence taken before the Public Service Commission. Those of importance only are considered here as above stated, because most of them were extinguished as soon as started. ‘SOVUL AHL JO NOILIGNOD GNV ‘GHAOULSAd SUVO LHI IVAAAAS AO SNIVNAY ALON O1 LV MOVUL AGIS MU WM IVAYLNHD AWAOA MAN ‘dM GHL WHLAVY LSM WV = Bi bh aly O), st ee Spits FOREST, FISH AND GAME COMMISSIONER. ey Causes oF Forest Fires — 1908 Bic ici creme ry Wits feel haere Wee eres ly > hs alah amen aces Sn, wo: be 19 eth Ou eurermem RENE oh whi SA eh Lata 08 Ue ceeeat ai kanal Soutien Giecei hss tu deren Wg 100 Aisa Oa Gl Seana erm Oh err ea ENN Nai esata cele S450) x ahs sPRia, yg Sea an Sins 89 PO erate nce | clin ley araraenrn cary ier ae Wirarary tian ini de Mat ye cca = Aa kes nese thaws Siena dee 21 ici aymDLCCLS Rr nERr a wy ee treats ise Mee Sof ncienestecs Seek fs need 14 HTB BETCHA a2 NR fate tne AM it lee HRS US ATP on ara rN La 48 re Cm IN Semana Sete Ne areas PRR EEN ener nana wNce Te at SAen Ss eee BCI 9 RCO) mn ene ee ROA nn e VIN MOM ARTY oo oT Ue Tobey rune Aaa RY, Net 34 cerita ml CU GIT Shake se uve e sr iter wpned seep Oh alee «. foe ki ah seek aE. ove i Ware) COSiCS Stipe re tee Can PU ang NC ech ae wala dir obese & sca 2a suet 3 Cara MSSM eye cee anes pe. Be Re ee cen see ace 27 SGA KS BIO LINES yell aurea te ey AIM ee Spee Stra sees a SSS I AO hl clipart ea etter eee coerce At ein rn iradt nme ela Sle Eo ) east) ee arp ei one lem ge ues no ts AAT ei eS she as 2 Eee nih Ope eee See re ae eee ean che ea a Tere 9 PUM MAS ALCS OS ee aes AE PLR Nance. ek dha ea Ais id ween ee 1 SiLPURE TOR Sica Soa bts alee, Seed gots cee OR TER ca Re ae ae ae cee a I Riis Oyen eR WE eat eo eh Auean Ree NO sacle Wl. gs Guat duaRe orm ia teithona 210 625 The evidence before the Public Service Commission shows that 40 per cent. of the entire area burned over in 1908 was burned over by fires started by the railroads. A careful analysis of the tabulated causes shows that the railroads, with all the extra care of efficient patrols, fire trains and equip- ment, are causing 15 per cent. of our serious fires. Considering all the fires set, the railroads start 83 per cent.; from all other causes 17 per cent. The reason why a much smaller number in proportion to all the fires started on the railroad rights of way do damage than is done by fires started back in the forest, is very plain. The railroads are in the open, can be traversed easily; trains equipped to fight fire, supplied with water tanks, pumps and lines of hose can be employed. Fires started back in the forest are not easily discovered and are difficult to reach. With the accessibility of the roads, all the care given, patrols established, fire trains used, there were eighty-nine disastrous fires caused by the rail- roads and nearly two thousand five hundred incipient fires. It is little won- der that there is a line of burned dead trees along the railroad rights of way 118 FOURTEENTH ANNUAL REPORT OF THE clear through our great forest, and that many hundred thousand acres have Eeen burned over by railroad fires. During the past two vears this Com- mission has maintained along such parts of the lines of the Mohawk and Malone and Delaware and Hudson Railroads as run through forest sections, an organized fire patrol during the periods of danger. This patrol was organized by the State and maintained at State expense; but one-half of the cost was later charged to the railroads and paid by them to the State. The value of this service is beyond measure, although any patrol has its limitations. Its efficiency depends upon the kind of men employed, the distance each man has to travel, the nature of the vegetable growth along the line, the dryness of the soil, and, finally, the amount of sparks and coals scattered by locomotives. In order to prevent fires, the first step is to remove the cause, if possible, rather than to adopt some makeshift remedy. In the case of the railroads we find that hundreds of fires were caused by live coals escaping from the ashpans, and by hot cinders flying from the smokestacks. These cinders are usually hot enough to ignite the inflammable material along the right of way of the railroads. A thorough knowledge of the condition existing along the railroads has been fully ascer- tained in an investigation conducted by the Public Service Commission entitled: ine the matter or dle Neve Cnc il ReReiCo,and=©Othenmianle road Companies Whose Lines Run through Forest Lands in Counties Containing Parts of the Forest Preserve, Ordered to Show What Device and Precautions Are Now Used by Them against Setting Fires upon Their Respective Lines in Such Forest Lands, and Also to Show Cause Why They and Each of Them Should Not Either Use Some Fuel upon Their Locomotive Engines Which Will Not Give Out Sparks and Set Fires, or Why Their Motive Power Should Not Be Changed to Some Other Than Steam, Made upon Application of the Forest, Fish and Game Commissioner.”’ About two hundred witnesses were examined by the Public Service Commission. The hearing was held at Tupper Lake November 5th and 6th; Saranac Lake November 23d and 24th; Saranac Lake December 21st and 22d, and Malone December 23d; Albany January 21st and February 3d, roth and 16th. These witnesses consisted of firewardens, landowners, FOREST, FISH AND GAME COMMISSIONER. IIQ patrolmen, lumbermen, men in the employ of the railroads, and experts in various lines. From them a large amount of testimony was secured as to the number of fires caused by railroads; extent of these fires, damages, reme- dies required, means of fighting fires, the attention given these matters by the railroads, value of patrols, etc. The following railroads were investigated at the hearings: Mohawk and Malone Division, New York Central Railroad; Saranac Branch, New York Central Railroad; Chateaugay Division of the Delaware and Hudson Railroad. The attorneys representing the New York Central Railroad did not question the facts that the locomotives were the cause of hundreds of fires, but they did try to minimize the damages produced thereby. The Delaware and Hudson Railroad did not appear at their first hearing, which would seem to indicate they also admitted beyond question the fact that the engines were causing fires. The cause of fires from locomotives is not entirely a case of negligence on the part of the company in not supply- ing satisfactory screens and ashpans. It seems to be a conceded fact that an engine screened fine enough to prevent the escape of sparks so small that they will cool before reaching ground, interferes with the draft so that the required amount of steam cannot be generated. Ashpans are imperfect, and at their best are difficult to keep in a satisfactory condition. There is a matter, however, where the railroads have been negligent and have not complied with the provisions of the law. (The law states that “ all railroads running through forest land shall cut and remove from their right of way at least twice each year all inflammable material.’’ Still, if this were done the damage from fire during the past season along the railroads would not have been prevented, although it might have been reduced, nor would it give adequate protection against fire so long as the locomotives run through our woodlands belching forth showers of red hot cinders and scattering large live coals from the ashpans.* People not familiar with the Adirondacks can hardly understand that there are places where one can travel along highways for nearly twenty miles without seeing a house, and even along the railroads for half that distance. Ifa fire starts in one of these isolated places it is often discovered * Since the above was written the Public Service Commission has granted the application of Commissioner Whipple and now the principal Adirondack railroads are burning oil from 8. a. M. to 8 p. M. during the months from April to October inclusive. — Ed. 120 POURTEENTH ANNUAL REPORT OF THE only by the great volume of smoke rising, which is seen miles away, and the fire is beyond control before any one can reach the place. In the case of the railroads the only safe remedy is to eliminate sparks in order to prevent fires; hence the Forest, Fish and Game Commissioner has offered as a suggestion that oil-burning locomotives be used. The cost of such fuel will be higher than coal; but it is not a question of cost or damages that is to be settled. It is a question of saving our great, grand Adirondack forest, preserving the cover of our watersheds, protecting our game, supplying cold water for fish, saving for the future our valuable timber worth millions of dollars, maintaining the forest for the benefit of the thousands of tuber- cular sufferers who are receiving life from the beneficial effect of the forest and mountain air, fostering the young forest growths and insuring beyond question the safety of that great natural heritage —-a heritage that once destroyed cannot be replaced in many generations. Not all fires, however, are caused by railroads. In the past, small land- owners have been anxious to cut a wood supply in the winter, burn the brush the following spring and get in acrop at once. Burning the debris in a cutting, or “ fallow” as it is often called, is a very dangerous thing to do in the spring of the year when all the vegetation is dead, and fire will run rapidly if the surface is dry. A rigid enforcement of the law prohibiting setting such fires from April 15th to June 1st and from September r5th to November roth under any circumstances, and from July rst to September 15th only after securing a permit from a firewarden, has reduced loss from this source greatly. Landowners are now awake and are realizing that their land is worth more for forest purposes than for agricultural use; but in addition, many have felt the effects of a rigid enforcement of the law. This problem is now solved and only requires the continued enforcement of the law. Other sources of fires are those caused by campers, hunters and fisher- men roving the woods. It is true that occasionally a fire is set on account of spite, or to get work in fighting it; but such cases are rare. There are, however, a large number of fires caused by careless people traveling through the woods. Such a fire may be left by a lazy guide, or by a greenhorn ” who does not realize the danger or how easily and rapidly the fire will spread. Another class of fires caused by these same people starts from camp NIVINQOW SIDHU LS NO AMI AX GCHAOULSHAC LSAYVOA FOREST, FISH AND GAME COMMISSIONER. TR: fires which appear to be entirely out, but which after a few days burn up through the “ duff ”’ to the surface and, if no one is present, are soon beyond control. It is a difficult matter to protect the entire four million acres embraced in the Adirondack and Catskill Parks. But a sufficient number of reliable men, familiar with the work, should be employed during dangerous periods to travel the ponds and trails, particularly in isolated sections, to caution travelers in regard to fire, and to put out any fires that may have been left. The open season for hunting and fishing should be sus- pended by an executive act, in order to keep people out of the woods at such times. It is gratifying to report that we have been able to convict several persons of willfully setting fires. This, as already stated, is not a common practice, but their conviction should be of value in its moral effect. Complaint has been received from some of the forest towns that the State fixes too high a price for fighting fire. Each town fixes its own price for fighting fire, but the State will not pay any town a rebate of more than one-half of a two-dollar per day rate. If mm any town the set rate of wages for fighting fire is any higher than 1s paid for ordinary labor, the price should be reduced to, at least, an equal wage. The fires of 1908 were not only of great severity but extended over an unusually long period. Late in April it was necessary to place patrols on the railroads and in some places it was necessary to retain these men in such service almost continually until October 25th. A comparison of the records for the past eighteen years shows that the season of 1g08 was one of drought unprecedented for duration and severity. The fires began in June. It was sufficiently dry for fires to start during the first week of that month, and it continued dry until the 14th when there were many small fires which were put under control with the aid of a rain at that time. Then came another period of hot, dry weather extending until July 7th, when there were many fires and the situation was becoming alarming until rain came. But this rain was not general; it did not check the fires in the Champlain Valley. As early as July re2th the situation became serious again. In the Saranac section large columns of smoke were rising in many directions, and the force of railroad patrols was increased. About this time a large fire occurred near the head of Keene Valley, IO [22 FOURTEENTH ANNUAL REPORT OF THE burning in three different towns. It is supposed to have been caused by a party who left their “ coffee fires’’ burning after eating lunch. About the 16th the weather became cool and was followed by a slow steady rain the 17th and 18th which held the fires for a few days; this was followed by a good rain on the 25th at Saranac Lake, but it seems to have been local. After this rain it became dry and hot again, so that by August forest fires were starting up along the railroad again. The month of August was rather dry, but enough rain fell to prevent severe fires. By September ist the situation became serious again. After the scanty rainfall of the preceding three months the brooks were nearly dry, the lakes and ponds were at very low-water marks, and swamps were entirely dry in many places; vegetation had become dead and withered, the leaves of the trees began to dry up, and the woods lacked their usual autumn coloring. The conditions were now ripe for fires. Every precaution was taken by this Department to cope with the situation which was fast becoming serious. Patrols were increased as far as the funds of the Commission would permit. The Superintendent of Forests and Chief Firewarden were in the center of the forest section and took every means to prevent fires and to handle those that did start. Fire- wardens were warned and the situation was held well in hand for nearly three weeks, or until September 20th. The hunting season opened Septem- ber 16th, and resulted in bringing hundreds of people into the woods. At this time fires seemed to start in innumerable places as if by magic. For days the smoke was so dense that one could not distinguish objects dis- tinctly one-eighth of a mile distant. Fires started in remote places and they could not be seen on account of the dense smoke. Parties went into the woods to fight the fires but could not locate them readily on account of the dense haze which hid the location of the fires. Most of the fires up to this time had been in the open, in old fire or lumber slashes; but now the hard- wood leaves were falling and even the forest floor of the dense woods was dry. A fire was set by a locomotive of the New York Central Railroad about one-half mile southwest of Long Lake West about September oth and was fought desperately, but increased in size; miles of trenches were dug and over one hundred and fifty men worked on this fire day and night. On Saturday, September 26th, the fire was thought to be under perfect control. During the forenoon of Sunday, September 27th, a heavy wind began to blow from the north and west, but suddenly shifted and blew a Se FOREST, FISH AND GAME COMMISSIONER. 123 gale from the south. This carried the fire away from the trenches, beyond the control of the men, and about two o’clock in the afternoon of that day swept down upon the little hamlet of Long Lake West, completely destroy- ing the town and burning over about thirty thousand acres of forest and wild land, extending as far as Cranberry Lake, a distance of nearly eight miles before it could be checked. A large hotel, the “‘ Wilderness Inn,” the railroad station, postoffice, schoolhouse, barns, several dwellings, large store, a yard containing over three million feet of piled lumber, and about thirty freight cars were destroyed. Over seventy people were rescued by the fire train and carried to places of safety. This fire burned the ties and felled telegraph poles, so that the main line of the New York Central Rail- road from Utica to Montreal was forced to abandon its train service part of the distance for two days and operate their trains over the Delaware and Hudson Railroad via Saranac Lake and Plattsburg. This was the most serious fire that ever occurred in the Adirondacks. It is hard to place the exact fire loss on that Sunday, but it is in the neighborhood of $130,000. At the same time fires were raging on Baker and McKenzie Mountains near Saranac Lake and on Haystack Mountain near Lake Placid. There was a bad fire on Fish Pond Mountain in the William Rockefeller preserve. Fires were burning in the vicinity of Tupper Lake, at Wolf Pond, and along the Raquette River near Wawbeek. There were serious fires in the vicinity of Loon Lake, and many along the Chateaugay branch of the Delaware and Hudson Railroad. Observers were treated to a beautiful but weird sight on the evening and dark night of September 28th, with a rain storm in suspension, the heavens aglow in so many places and a broad red glare reflected on the black clouds. The old residents nodded their heads and thought the end had been reached when it began to rain. About one and one-half inches of rain fell during the night and the next day. This rain quieted the fires but did not put them out. In many places the flames had burned deep into the duff (the vegetable accumulation of years), and this rain did not reach these fires. As a result this rainfall only checked the surface fires. “There was another light rain on October rst and 2d, but too small (.2 of an inch) to be of any real value. The only criticism that can be made of our firewardens is that some of them, when the rain came on the 28th, thought the severe drought had ended, and that there was no further danger. But a few hot 124 FOURTEENTH ANNUAL REPORT OF THE days with warm winds followed, the surface became dry again, and the fires that had been smouldering in the duff burned to the surface and on the exposed mountain sides were soon beyond control again. We were coming into another period of extreme drought extending from October 2d to October 26th with scarcely a drop of rain. At the same time we were confronted with an increased danger because the hardwood leaves had fallen and lay thick on the ground. They would catch fire as readily as a waste paper basket and burn as rapidly. The recent rain had cleared the atmosphere and checked the fires; but now they were burning again and the pall of smoke was as dense as before. Conditions were worse than at any time during the year. Hunters in large numbers were roaming the woods, and fires were started often from their carelessness. The smoke prevented the discovery of such fires, and they burned for days and were beyond control when discovered. Nearly every available man in the forest section was employed to protect the woods. The fire, however, burned so deep in the dry duff that 1t could not be put out. It could only be held by ditching through the duff, often from two to three feet in depth, which is a slow process. The leaves supplied so much fuel and the wind carried the fire along so fast, especially on higher elevations where exposed, that men really could do but little in checking the advancing flames, let alone controlling them. It is difficult to imagine the great difficulty in fighting forest fires under these conditions; but a reasonable comparison might be made with that of.a city fire department without water. They might as well have tried to check fires in the city with axes and shovels as to control Adirondack forest fires last October. This condition continued until rain came on October 26th. As required by law the town firewardens report to the Chief Firewarden at this office, on a blank supplied for that purpose, the date, extent, location, damage, cause, cost of fighting and other information in regard to any fires — that burn over more than one acre in their respective towns. These reports have been carefully compiled by the Chief Firewarden, and the following is his summary of the forest fires in the Adirondack and Catskill counties for 1908, excluding all under an acre in extent. We have also classified the area and damages of these fires by causes. This is a new aspect of the forest fire situation, but will doubtless be of value in that it shows what were the most destructive causes the past year. ww N cal 2S ‘bre | gzS‘gzi¢ | bg0‘6zo¢ | oSg‘dr | Zoo he | £26‘ 691 | 6r1‘g61 OC Sis trams hace ok [210.1 | | oft | CVo'z | SQ ‘6r Wie Gielen (tara Veen Oita vac | £19‘8 | €gz‘¥ USGS Bats STIPISTED £6e ‘brs 6ES‘ozrg | oOfz‘boof | O5g°41 | ZO Le | mee. esi odie oon | @2e%or [ie seena ee syoepuo.lpy AUVWNWAS ofr¢ | fro'z¢ Ie esi Onn deen) eeincstlena ee | gbr ‘zi | ¢l9‘8 | €o2'¥ | Cee eid [e10L oe ae sae = = Z a} cS | o00z | CO tN oe ton el eee cree S19‘f G1Q‘1 | peri \emeitentc Modi Mallee ices 10481) A Sd Ola CU aC eT hte i esubed a pata Fea ik aca oe a 196 ‘L | gzo‘9 Nai lena se aa “UPATIING = each. Weatarare Sz S6S ‘rt Wi teuikcuings serene (ib porter i | ers Ly gfe Ree Sts as qusoI4y D Rasen encc bree gre poli ie | Kees | mene | Lz? | Sel O19 Myris Mestre m stele Ie MEO g NOIDAY TIIUSLYD é ee : —_— ———__— o £6O¢ ‘pre | 6ES‘ocrg | Ofc Gong | oS$g‘ Li | zgz ‘Le LEV‘ LSi glb‘6gt OAC O se Bike et hs [eq0OL Sane Easier ee ae I one | 6rd Solerrctee eee Ona eee i 5 5 Heer Hecate o16 ‘ee OC Size eel Oc Se OO rans | ¥voo°V1 | o00'L [Eaxeak Cares UdLIe \\ Or Beaty tehesy carellie | oSo‘g (ages Feiace (aero sae gSo'z | iris | oge ‘I eae eee P80}eIES e oth eueai ncaa S69 ‘oft | oo ofS ls Gots | veg Ly | fol ‘or eae Q0UdIMeT 4S ete Un os | 1z Sov‘ Og eee eal eee ces | oS L | Gre ‘z | 60° [erent is etm ecm ele eploug i os lS aeaponu o¢S ‘Lr GS Otereaccr tl eecua eens lenQgnven ous 4 | cies GaP He Cae SIMO] D Ptah aroha et) | TATE eens off ‘6 | oS ore‘ t | Crh | oSg‘z | 996 Miia hice niet LOWY IOP] a oor ‘SE | 000‘ QT olg‘ zs | gro'¥ 600‘ L 6g9 ‘or Ipaetercr Stine ee | ley?’ Heide agar ae uoqIWweY Re ue re eG | Cer Siren Sze leece ee Onent | 299‘ I oN ie seals ee eee uoyNn yy a 0c ‘Z ogt ‘SE Sog‘6S1 | oom | Le See 6b ‘bY | ogr ‘th | T6Q‘z1 een PUM] fe 07'S | OSE Os O10‘ 9g | fo6°¥ ime | eK Mie | 660'12 Pere Otani i anes aig XOSS] 9 oo ‘zc | oog‘yzee | S11‘ S6¢ | $66 ‘1 | svitg | 149 ‘8 | gllilz ecieomon: ey ake! ce uojJUT[D E | see | | E = GS Ganouneda |) cua om 1saa GLSVM UaaNIL ALSVM UAC | SONIGIINg | Ola ase wag NIL Oa SHLLNAOO 40 anivA | ~NO1 SSO7 SINGH SMES terete SAVG IVLOL : dO GN 1VA JO ANIVA | GaNnuad | GNVI ALVIS SHYOV | daNund Sdyov NOIDAY WOVANOUIACY SHILNONOO Ad SASSOT AO AUVWIAAS FOURTEENTH ANNUAL REPORT OF THE 120 SOE ‘bre 6£S ‘oz1¢ ofz ‘600¢ oSg ‘Li zoe LE Lie a ol ‘6gt OAC Lien enema cn: [BJO DO) Oo of oO oSt 00S aie elte ls | eohtlehiedts 00S | OOL ciuehsette Keliiciee in eo ee ee ECTOMOIIG eee Myrenree Tae |e erent WroereDr-Ti ope oS L ‘Sr aases rset | oof | eee na cog‘ ote ire aCory | sdsem Sutuing OOl SL Sog‘t OL | eicrcecs Itz 1l9 1vS | 7°" * ssaussejereg ReMi piste tei“ Mau Sr 00S a bdo o.0 | sikeiteiasiesare Lg | OOL 1g fs eee CONT S) ree ieee | ee NN eco corse ate oof OIt 6c$ $LS | Burayary oie eeleuRS SSRN goo‘r oSo‘g Sor Sea 6b0'z 6£6 ‘1 306 ‘z heater ania aren SILO CLUE) of 000 'T S£Q‘z oor 007 £26 1LL zSg Tegeseece a acer astioue SIOYOUIS 000 ‘¢ Sieat Ske ©go ‘ool 06g ‘et bLY‘L 00g ‘of eve ‘ey Cone Su WRoeeieeeerene “umouyuy_ 000 ‘I oSo‘S ogz ‘St 00z 00S ‘z 00g gest for‘ t [pees cueags sioyuny sq O19 ool SLz‘Lo Ste‘t SUASIEG £19‘°98 | 009‘91 z90‘9 [-- Krempueouy ee aa oSz SQS ‘gr oo$ 000 ‘T $16 Ligases 6b ‘1 |: "-- -srexoid Ariog oor oS9'e O7e ‘FI oor 009 Une: SiciTiesg Sicilia tc " "purl sullee[5 Sz raL‘Lz S$6g ‘oft gzS‘S Sot ‘6 ogt ‘zz $16‘oS QUE Tees | ceo ents s1oqun yy pape cE cy Aaa PRS eas ec gare oll gir hare: Seer Lx veo‘ Pee oMEouSta ofo0 ‘6f¢ Szv ‘Soe oo1 ‘ztz¢ gb6 ‘tr $S$6‘11 €1Q‘gL | HOS OS gglioz | eee ea ie SPPOIIEY, | | TLSVM AAA WILL ALSVM Yaa NLL | F ; aAOULSad | GYAOULSAG ; a foe ANV1 ALVIS SHUOV Seca | NOIDAY WOVANOALGY SaSNVO Ad GUZIAVNNAS SAHSSOT I~ a ei | | ofr¢ | tyo‘ct bSQ‘6r¢ | AEC wesc dee Wie ob ‘zi €L9°8 | OO ICEs Vee etois Shee es ye10 | ce aria | pee ee | oot (Beagrie a 00% 007% | Gz oo WOUTOYST yf Fe ee ao Shan | GOomnr [foresee hime ee RO Reo bees royncttcpie ead mame c censeatet ye coh > | eas | ¥9 eee [yrum | mes wory syzedg B Bored fate -rt-Tee 00z SOT a AE eT el eee aaae Oz oof gz | de ioe -nt Tannen: srodueg Sree ere ee oa le ara gees ee Gate lease ee oo a Cr | eee naa Surselq DF pau ke oe RG eer Oe a a pe gee co et ees - zI | . Sulplinq suluing e Sas er tg Nee arses ig Bae nee ee each eli eae eee ae [oes uorpyryg ° Sent e-eoey cael | eeepc =the -o te ool Satieuetee niles ideiehiemey ie ts fer | olt ger |- > -- 24 ssousselere9 Be eee oz Cla‘ lee reace sik ae ln ae ta Sof | Ser gtr Ween: -- ++ <7erpusouy eee ee eee rahe enc aig nah Pine. ere tafe came Bar Gan ees ee s1ayuny o0g s Se eet oe: fe eee oe | Ce enh Beech mall 1 a ts gz OE | ae +5 DUR] Sures[g uc eee ule ee | ogS ‘tr | Te eae Ra rari ea gk: Ler‘ ofl Wek cicemeene gies cee sioqun FY zi cs oSz +16‘6 ie worsen boo ll" cay a zov‘L Urorcn Oe Sie ee uUMOUYUL.) ee a gt Cte tat Ie eee ear ots LLy | ogi‘ Ser pe sIOHOUS a Sle See Gators > gil catrer eee el gee chats of hz ers foe oe speolred & | | oe & = geese eZ PG ce ee ALSVM MaAANLL ALSVM MAGN | aO GN IVA dO ANIVA CaNung ¢ ANVI GLVIS SAYOV CIGINTONE “SEE | NOIDA TIIASLV,) SASOVO AG GAZIUVNWAS SASSOT 128 FOURTEENTH ANNUAL REPORT OF THE I submit here, also, a statement showing the indebtedness incurred by each town for wages, teams, tools and supplies, one-half of which is a legal charge against the State. If in certain instances the amounts stated do not agree with that claimed by the town, it is because some items were dis- allowed by the Chief Firewarden in his examination of the accounts. ADIRONDACK COUNTIES CLINTON CouUNTY Eel tigen, te oe eee GSAT aN Ce tee ee aked CouNTY IN (Ora ti lalee ss lo ae re se ae Nomela ISKEGOIN. f555'55 6050 AS easier ogre fa asta Cl eee SCMMROOME ie a aes ena Micomdero gaa aut aan Valiant ob @ mi aersene eee AASUUKS SXOMRO Be ereceepeatinn Geceots o.d-6 NWiestpontinu st cS e age eae CouNTY apparel taal: see pars nee oe els bg Tlaierretstonmile nie etn ae MANO eR RSE Ge Porc tk era. Santas Claratien garcaeceeee Wiawerly Ascent nea bart wal ties FuLton County Pal HOS OU haem arsed arian) 5 eWeLeaPEA eR $7,958 16 ISIEVSS IBieOOlK G au o'eicts otus ae eo 3,548 76 Dy arramenmn Oncleu tenner eens 2,680 4o Essex Chestentieldirce yas es cmer $1,858 52 BiiZalbet atone = eee ee 1,247 49 PIE SSSI ip eee nO ea aces alee Mugu uem lege A asyeake ears Sa Onis: . *Wandham ...0.. ©. .0a... Ae eee ee Flumterjaacecema alice cl: LCBO SULLIVAN CoUNTY Cochecton eee era erin es $214 00 ltl erg laa lene eee eee $242 00 Delawarers wei oc tes crt-u UGS OOM me ania abit Onan ete eae 390 13 Rallis pune yaar ete a tere fer a 465 Fo, *Neversink)..<0.). cc ORES b Oui Carne nee en ee Te LS 7 SSP Ee COCKAN GC, fav. er arora 205m 25 re MON Gey eew ater on ueccpacn 712 SO ear AUS LO Miss ys Ns ayantlice see cnc eee ee 75 Felted arrears meee sts 433 25 ULSTER CoUNTY Denning acre etn SAS) 216). 0) INCOMES, Wh GSS sib sid oa oe oc $45 30 GamGimere nar ay nt cue wala in a raat ae Shandakentaaaeney ye 15133 7OO ardenib uncer aae cries 143 50 Shawano umkeeis. pepsi: IOI 00 Helo dirme series ehh cases ace: iN eee acho enue A Wialwrais ind ir veweney nase seen pry is cea 986 35 NewsPaltzencere ile hice use LOBOS EA OOCSLOC Kai tetemeb satan corns I13 50 Olivet eeiates etna a Gea 139 00 * No bills rendered to this Commission. FOREST, FISH AND GAME COMMISSIONER. 1G FT SUMMARY ADIRONDACK COUNTIES Giinonmcomni yet tes Acide teks ier eal. ors te $23,659 93 Peco COUMMEN AMT N a arta. om geseet kat kes Ril, ©8R OS Speer alien c Ocimbsyeee tect seh cess cia Crehemstere cee cle Bers se ely/ RUG OMeIC CUTIE yes on Ca crieratiouse vase ones mcm eee PE 20200 ekamanllipo mene Ouutbiyer cane tree ete aie eee oe eee 20,610 95 el etekcitm ree COUME Yi ..4 «5 paetcrenanescy emery ay Seoway sot sur: By Clues Were COUMMbY. 3 2.05 (ce lapetk «inn sent SMa Sle tL 6,002 54 CO eC aC OUT U aye mali harcye une SE tk okt ooh 742 215 Stee wawrence; COUNLY (cs ae ocean ion oe 29,916 72 SAPO ANCOUMDY cies aians send ene nae. Sad. BRO4 EO Wieinete 1) -COUTb ye he ik aes hae acais paeeast sseyotane 5. « 16,438 07 Vers bymet OMe COUMb Ya seve: a esi eaele sesoade Goln, <= TSO ee NDT, 00) OIG ODT CATSKILL COUNTIES Welawranercounty termed cit hha cithas Leeda eres Gist $1,943 78 Crsen CMC OUTIL H0 at... Jeane ane Tees far foc, Seo Ms 3,072 64 SS eine COUN VAN nate ey ot Wate nest chatase cic may eesh 929,0 3,655 18 HONS Hee COUT Wim che os) ee Rime ere Soo bs «gees 1,998 30 10,669 go Ios teal me rey aca INN eRe Sel pein cia dats eePohc aya} atest set S $189,661 51 The annual loss of forests by fire and axe in this State, which is shown by the foregoing figures in regard to fires, and will be stated later under our annual forest product, is a matter of serious importance to our welfare and affects the supremacy of the Empire State. The reasons why a certain amount is necessary have been fully explained in these reports year after year, and the people are now beginning to appreciate that they are only too true. How much longer it will be necessary to explain these reasons is a problem. Must the home, camp, or favorite hunting ground of every one be burned or its destruction threatened by forest fires to fully realize the danger of such fires ? Is it possible that we must see or suffer the effects of floods to appreciate their destructive forces? And again, must the residents of our cities be threatened with a water famine to realize that our springs will not supply the brooks “‘ which flow on forever ’’ unless the forest cover is 132 FOURTEENTH ANNUAL REPORT OF THE maintained ? Cannot the agricultural interests profit by lessons of other nations — e. g., China, Asia Minor, and other countries that have changed ce from a © land of milk and honey ” to a desert waste simply by destroying the forests? Is it necessary that our great playgrounds, health resorts, hunting grounds and favorite fishing streams be destroyed in order to have us appreciate what untold pleasure and good we derive therefrom ? Will the manufacturers wait until their water power is reduced to an uncertainty and their coal bills prove burdensome before they appreciate the value of the great water power ? The eastern portion of this country was once covered with forests of vast extent. These forests in some localities were a barrier to permanent settlement and were cut down and destroyed. This produced a sentiment in favor of forest destruction, a general feeling that the forests were inex- haustible and their protection unnecessary. The result of such a sentiment has produced a wanton destruction of forests and wood products,— an actual scarcity of timber and the clearing of land which cannot profitably be used for agriculture. Losses such as occurred during the past year and other years must be checked. They cannot be wholly overcome, but it behooves us to protect ourselves against their recurrence. We must all realize that forest fires not only destroy the forests, but with it timber of great mer- chantable value, as well as the young trees which are intended to supply wood for the next generation, but they very often even burn up the forest soil. Fires kill the trees, and the possibility of a future forest there- fore is very remote, because when the seed trees are dead, replanting 1s necessitated. Other areas are noticeable where the fires burn over the territory every time a severe drought occurs. Such fires destroy all the vegetable accumula- tions since the last burning and delay by another drought cycle the founda- tion of aforest. The future of such lands 1s of no importance unless fires can be prevented. In fact, there is no use of practicing forestry, the lumbermen limiting their cutting to certain limits, planting trees, purchasing land to protect our watersheds, etc., or even to take any account of a future supply if we cannot have reasonable fire protection. Such protection must not only include a proper organization which can LUMBER PRODUCTION By KINDS 1907 Mails ScOroNis= © | BOAR ID. Be El: 0 un Oo O O 150 200 HEMLOocK SPRUCE * PINE MAPLE OAK BEECH BIRCH Basswoop CHESTNUT ELM ASH PoPLAR HicKORY CHERRY * These figures do not include spruce used for pulp. FOREST, FISH AND GAME COMMISSIONER. 138 get at and attack fires quickly, but also one which must be able to provide reasonable prevention. Annual Forest Production On account of the large amount of labor and time required to secure data from the many hundred mills scattered throughout the State it is impossible to gather this information in time to submit it in the report for the current year. Therefore, the figures submitted are for the year 1907. The total output of the forests and woodland of the State of New York for 1907 amounted to 1,266,754,365 feet, board measure, an increase of 10,544,731 feet over that of 1906. This State now ranks twentieth in the production of lumber, producing .o21 per cent. of the total cut of the United States. From the returns made by the mills the following results were obtained: ForEST PRODUCTION FOR THE YEAR 1907 LUMBER FEFT, B. M. leniloc amen eee eer ne Rem kn eh OY Wee ols 207,217,498 STP LCC Mere Peer ems eae ME te IA tata cris Qin Bia Se oe & 166,047,604 it] CoP ee ere me ery ae fr pats gl Semis eae es 114,989,074 NIB FONG se: bo .'6 ers enpietea ale at ic ck a cP a 2,694 961 CIES, areas pit Rate: 6:20 lant BSUS ck ce acres I en ee 55723 27.0 CC Chany rare i emeriaey ren mene Ae Ohi d el eek a 2" Bali 48 , 383, 696 esirc(c le E PInt e fate ee ts SPOR Crm AKG ic. ec Bue Gosocra wees: 42,161,902 BASS Wi OOCEE Rom ne mre s MmOMn cok Bo ery Sane Soa ta ath aticin 39,504, 284 ire ein cis eee een et en ree eo inch Ar cence! he a aha ote 28 033,029 Ech eee ew rar ere remit sih mn amen i re uae) SU eS 25,426,829 ENG | eee era ee es tre erty LOS eter Ce rarer meer TR ares heen ead mk Os MOP MEASE nee OD Latter Te eae OP rt ee sie Mea ety conde a eternal chen 2,517,474 EMCO fayette way aene Trae ica SMCs las MEMO N Gy alt leaked disse) suas 212153), LOO Cetin re et eee er Nebe e tra ten. Aenea yh es Paral oar aoe 2,005,541 MiStee lle OU Same my ree mira nt ee ees tee enn Se cease ame 5,600, 693 Mo valelumnersetitme a aamrey erty Wey cie ca Secs. (c 848 , 893,995 Pulpwood, 511,201 cords — equivalent B. M.............. 280,649,349 Hardwoods, round, 246,678 cords — equivalent B.M....... ea 2 0222 Softwoods, round, 3,251 cords — equivalent B. M.......... 1,784,799 1k tell Men Rep erNea EG Ca ee DS ti a Stent aro te.oe mo at 1, 266,754,365 * Including railroad ties. 134 FOURTEENTH ANNUAL REPORT OF THE SUI Ges eh Se Sareea a ee ate eee parce CRE yee och ee ae 65,5559 50° Tea Cla ee etme kaie sie en rae nN tee BiRC RR aiet kets oc Cama NO 81,187,350 LUMBER Propucts BY KINDS, 1907 Spruce FEET, B. M. Ndirondalckvcoumtlester aay aay Apae een eee rR ie ee 157, 520, 078 Cats killkcommbirestes ters cai er Pee eee ae enc 4,074,177 IP Atri CC OU LTESueacn tas Ses hecie Neen Iain cen ey een ee A, 444,440 — 166,047,604 Hemlock Atdirondacke Committesiee rane vies eset econ betes ess 77,891,190 Warts Kalle otimaiie Syne ecersy Nh Cant ea pe Ret AEM Ont ag ce 270) 307, eOME: Farming counties... TOW 3.00) MLL, —— ——— 207,217,498 Pine AGhimomGlaC@l COUMEUSSs dcccnsonnobchoesbaarescocoooe 51,708,446 Canes) SUN Coxoh alsin ats tworans Giana iotatd any oka a eons aes 13,608,140 Fa PIMA SC OUELES > ay maces aeee paurote Serene oneu ne Hicieeraes 49,612,488 a 114,989,074 Hardwoods PN Gli @ 1a ANC eMC ela Siena ieee earey ae fae Ara eee are 97,442,748 (CE HHSI SUNN CKOTUU NILE ye seria einin ican ttl cibulele a conta ts, ote alana 48,139, 891 Baring COUNtIeS seas ee eens tues Gt ete rea ere 215 O57 Loo 360,639,819 Pulpwood Adirondack counties — 504,648 cords, equivalent B. M. 277,051,752 Other counties — 6,553 cords, equivalent B. M. Bi OFS OF 280,649,349 Round Wood (For cooperage, excelsior, wood alcohol, etc.) Adirondack counties — 43,498 cords, equivalent B. M. 23, 880, 402 Catskill counties = HOSRO 7 7mcCondsmequivalento= Mer icon Sar l8nic Farming counties — 97,454 cords, equivalent B. M. 53,502,794 a OQ, DUM OAT GranGevopalen ences sen che men nal een Coe epee liam eater ees Cleans 1,266,754, 365 FOREST, FISH AND GAME COMMISSIONER. 135 Shingles PIECES EMSC KACOUMEICS Metra sets ace cos ys eee s 40,378,250 Benes relllle @ CITING LE SUsreriaers eT ee Sn aeceoe whee ec dine cae 4,301,250 Hee CemENM CA COMMUTES iene eth ee nt teticn een Sis Bote Sans a: 20,874,000 65, 553.500 Lath POMP OIG AC KACOUNLIES ore. a st bts oe ia) ayn eens we 51,519,150 eT AUICOUMbICS ws eye eel. sie ho Sie en arseat ace Solum ees «vias 0,510,800 Par eRMIOIN OM COUMETES Me eyes nlere.. a Sas Saved cee baie ee 23,167,400 81,197,350 These figures compared with 1907 show increase or decrease as follows : NCROUL UC OfspLrucemumiber——GeCreaSe. ..).:.5-.:--4.+: 55-2: 44,075,255 feet ierontpiut of hemlock lumber — decrease... .-.....:.-.----.4-- 1,630,580 feet Piero MED ULLO pine muimlber ——AMCTeASG+n). 5525-55552 4-ees5- ae: : 3,039,053 feet hewontpittcol maple: lumber —imerease 22.24.8202 bet. BZ Zon Hseteet suncrouLpiutiol beech! lumber — increase... ...2- 22.24.45 5e2-:0-- 8,646,199 feet mheroncpubok birch) lumber—decrease...-. 22.2005. nese eee es 7,980,174 feet sierouput ot oak lumber — increase... 5.2.2.8. 052% + 5seene se: BOO yeaszmteet iherounpat ot basswood lumber — increase ..............5-..-.- 10,714,652 feet hhesoutput of chestnut lumber— increase -.........-.-.-+-+4: rma Ons Gomteet iemourpumonpoplariumben—— decrease s..).42 55-5 0.250 4525.4): 7,426,611 feet icromeputsotelm~ limber —wnereases 4.4.52) -..5 55.8.5 5e2 55-2. Eis aera ECOL HerouLpmcrofeashwlumiber—— increase). 4). 4-15. - 4s aes. lee eee 589,743 feet The output of pulpwood — decrease 5,577 cords, equivalent....... 3, ,00Ls 773) feet MierOuULpIUC Ol shingles;— imcrease 0+. 4.4+..-+ 4. ee ieee eee p 5,134,500 pieces pihewouupiution Wath ——idecreaseinw. say ee ee Leh ee oe 8,927,650 pieces It will be noted that the Adirondack forest produced approximately 95 per cent. of the spruce lumber, 35 per cent. of the hemlock, 45 per cent. of the pine and 27 per cent of the hardwood, or 50 per cent. of the entire lumber cut of the State, 98 per cent. of the pulp, 17 per cent. of the round wood products, making a total production of 685,563,516 feet B. M. * Including railroad ties. Tel 136 FOURTEENTH ANNUAL REPORT OF THE The twelve mills reporting the largest amount of lumber sawed in 1907 were: FEET, B. M. *A. Sherman Lumber Co., Tupper Lake, N. Y............ ee 20,817,933 Norwood Manufacturing Co., Tupper Lake, N. Y.............-. 18,936,560 RUCIny Myoiealloare (COs, \Wiewoey ervey, IN, S055 bho oe eases sneaceeco /. Ww8yodss 866 ion, erin ce CO; Ciloas lailis, IN, Woopceeaeeboocecooedos oo 13,591,663 Brown dirachs Lumber Commit ome Chana Ne Vers ian se eras 127 7S 270 IKennyom, Ibunnloem CO,, Sainchy Jail, IN, Wo cbsacegoanegs0cecc0uur 10,563,849 Poss Ge lsisacledsiom, lsesngorm MWWbhres, INS 5 pcs acscocdascesbesses 8,927,500 RetenevouseyewAl drichimN eh Viste senile sat etne sinc tice al aclhe says n Anal TST TORS WMigeca, Iiehanlosin (Coys eihoeeae ING ou ocodaes amon bdsm @oodds 0 asic FOr a Aul RobertmawWer bic bierk&.CommNemtompballlsn Nien veeuee eee ee sie 7,000,000 Horseshoe sHorestinys Com blorseshtoers Nem eae ine) eens 6,006,000 iyvoneDeCamprClearvatenn Nim Vesremen rrr isireie ity hoch erin 5,995,206 The total number of mills reporting to us in 1907 was 1,382 and they are classed according to production as follows: PRODUCTION, 1907, IN FEET B. M. TCTAL 50,000 500,000 I,000,000 5,000,000 I0,000,000 NUMBER TO TO TO TO TC MILLS 500,000 I,000,000 5,000,000 | 10,000,000 25,000,000 1,382 963 256 143 14 6 The following are the twenty towns producing the most lumber in 1907, and the amounts sawed at each place: FEET, B. M. Meco eter le alee ewe eae etn pete ten er teeny letenelsieveye crcroeier viovercla tats ieys 40, 328,244 Balto Chiaitale schticateu Wo tenomnlone sc labrasuseatteysatslse, eis eiair6 Oo Reve cVeN Pena 27,614,785 AW ere xe tala et oeatae era etaanrctney acute cmc car encerctis ale fan'sua cP Sire tosonst-n to olceyavaners 18,048 , 866 Glance aillsiap eer ete eens esse eepakereebensic caren stecitevaye tithe Gale lines recarevias 16,251,444 Senmnliyag betel irae care arene preetc dees -e-fomer wena cle weyctee: «ence pr ckshe ease IIL, 443,568 INGO ni allie Wee, pein st whe ct enn eea eda tce gate beyersl ola taetar st sreye Seaceachets II,075,000 IPOtSclannleg yon ie cet acca ch wort seeuod ener LoRAECR Nereis ode oss caon shes 9,842,657 ENOTSES IOC re ray ee Ree tact sete cneroneneie i aie tae cone cl ee 9,281,000 * Two mills including one at Potsdam. FOREST, FISH AND GAME COMMISSIONER. Tey], FEET, B. M. a citer rare et eae eee tee eee elt, Saad sarienatiace ea ant Sh 7,187,341 Oeyins On ee ep Pacearr yt Pear Me are teh ania ls oans cSt watueate MAS Sagan TAOS OSV; Net eg Keista © teroeaeen ae Per Rea Sr Snes Tala Ruliana Sela a tahoe aeetase es 4 6,973,974 SAAS EGR Cpa epee semen eer ete at Oe ase eR Ve tea arte do rota le teamenie | ote sa tel ole 5,590,000 vod Sale cle ee ence ee mar stom eee ira cae kart Pe a au oan 5,550,000 role spear orc we eee a NEN MENS Roa e rio neil Shhh eseoar lacapate-jaie als 5,545,000 (Genee ieee Kerr ee tare wes er MC emmeaice asle ua Sola tin arate tle skeen 4,905,000 filepigtel Suvi CP eeernn eRe arene eesti oer Pee ete see ah Pei een na: 32,714,784 Pi comdeno care, tye Pert eater asics yr ciehmchemicie, che Meas tales dre aie +e 3,625,000 Mitotane TOM El Wes rien Nay Pee Saks. eaemue eos shale whew ete he viele 3,512,000 [Omir ee ie Woe ar ein tn MM Ere ane Nye ee oe Ee ty eR enn 3 , 500,000 The foregoing chart shows the lumber cut of the Great Forest of North- ern New York for the past eighteen years. In these figures the output of the following sections is included: The counties of St. Lawrence, Franklin, Clinton, Essex, Warren, Washington, Saratoga, Hamilton, Herkimer, Ful- ton, Lewis and Oneida. It is interesting to note that the annual output is increasing rapidly. The decrease in spruce lumber does not mean that less spruce is being cut, but that a very large part of the cut is going into pulpwood. The large cut of spruce in 1892 does not show the real facts. These figures are given us by the various mulls as showing the actual amount of lumber sawed each year. On account of a drought in 1891 many operators were unable to drive their logs down the stream, and hence their stock did not reach the mills that year. This produced a small output of lumber in 1891, with a corresponding greater amount the next year. A fair average for these two - years is indicated by a dotted line. It is interesting to note the steady increase in the output of hardwoods. The utilization of our hardwoods is beginning; but as they cannot be floated down the streams other means of transportation must be secured before they can be marketed to any great extent. To the average citizen the figures showing the output of lumber or other wood material are rather uninteresting and meaningless; but a statement showing the value of these products may be more intelligible. If we assume 138 FOURTEENTH ANNUAL REPORT OF THE the following values for lumber on the stump the value of our 1907 lumber cut in the woods will be as follows: KINDS PRICE PER M FT. 8B. M. VALUE SPRUCE tesa Hen kena vy eg e RES See Ar: $4 50 $747,214 00 Baines epee tae cee ees ge er OWN eG. Ree CAD Tay 8 00 919,912 00 VST O Clare Me Net he G tees raech ete tain een ME DO 2 4 00 828,870 00 Mi plews smeihir carne a0 ae bethaa ar ON eee ee a eRe eer Ss 4 00 370,776 00 BOC Cla Adee te OWA AN uee ree Gah ONE cern oes ee es g CO 145,149 00 SUC ae RCo a red an pe cantata men eng Manage NUM ana RD eo 5 00 210,805 00 Oars ie icy ee eee cbt a nen tetas A a Poa IM NNER ED eeph edu} 6 00 334,338 00 BalSSiwi@ Oder tiie feu ta yee care 1 Arte ween cet In 5 00 197,820 00 CHE StU acti wana Gen Car arco rekn emer epee rane aa, aes! 6 00 168,198 00 PO PU aris ste teen gry sitiee 21am a ma apt rictaee eR Neoprene Gi 5 00 12,585 oo TE Tira Payee in eet eit ay Wr te ete RARE rene a ie ete 4 00 IOI,704 00 SAG Diop tae tan Ui oer IU MN ok 2g Me Meas rates piling Tel 5 00 80,875 00 FICO Ryn aGue mie yet erates gt uate Ie patee EER IU LAND 5 00 Isl 7 OG MOS CHER Tayata tan eran catered cae Bars Se ier cmt gee Ieee Me geaal CaN 6 00 12,030 00 Miascelilanle Otis peces tn panne a ue The ea pe gear teattian = 4 00 22,400 00 Notalievalwevofiliumilperi ampere ce ns cerca) ee $4,162,441 00 Motal value ofp ttl porn we wae yee mee-e eee ein yey) yr st Bao! I , 2162)022) oo Aol walle ot Inaiachyw@orl, owuNG! 2 655050ccuccouobanocdseess 406,278 oo Motalivaluevotsottwoods 0 tu dienes meee ria ey yee eyes ve 7 EZQ MOS RotalialuestoresteproductOmusuUllp ren cii tee $5,838,770 oo This enormous sum of $5,800,000 represents the approximate value of the product in the woods, standing in the tree without any labor included. In addition some interesting figures showing the cost of cutting, skidding getting logs to mill and manufacturing the product can also be drawn. Such figures are of interest because they represent the employment of a large number of laborers, the consumption of vast quantities of food-supplies, and materials purchased from other industries. If we assume it costs on the average $6 per thousand feet B. M. to take this‘product from the tree to the mill, and $2 per thousand feet in addition for labor only to manu- * Exclusive of spruce used for pulp. FOREST, FISH AND GAME COMMISSIONER. 139 facture it, we have $9,300,000 as representing approximately what is expended in the lumber industry. If we calculate the value of this material at the mill we will obtain a good idea of the value of our forest product. AMOUNT AND VALUE OF LUMBER CUT, 1907 AMOUNT IN PRICE PER - ave | REG | ee Hislerranll @ Cetera ssp esy ce Oh eS itil oka) he ails ZOVert 7 $20 00 $4,144,340 SCCM Rea paar ere lA nasi st 166,047 21 00 3,487,008 itn MPEP I a eet att he Pin Seed one Gnets 114,989 22 00 ces 0 NIA OL cmmmer ies Gee ie ese eect rit ataeh sat 92,694 25 00 Za aie a7 © ae eR ety cea Ee ages lS laine he stat See 30 00 1,161,690 BSS Che pear ak co one rs he eeaaw Loans 48, 383 I7 00 822,528 Eira PROPa ere Cry TUR Mero lei 4A oe Uh ea 42,161 23 00 969,726 BASSOON EGE Ste ml hin Mun mauaicton ks 20), 504 24 00 949,536 ines temtitbamerie Wer ie) Otacceuavor cena sae 26,033 IQ 00 522 502 TSairrapeege sereieaes re AChR unl ale TS. a lalheae 25,426 24 00 610,248 NG nA De pe Megan Wah saah 2 ook WO, Uys 18 00 291,150 Loy Ol tigeperm eee Re clk Cote LN Syi. BS a ele. a or easel 20 00 50,340 MORON eee gee re aati ress ents SN ante cs DERG 25 00 58, 825 Bae ipig eM Boo Sac icuist Re ce ee oad 2,005 24 00 68,170 MiSCelllaite Oth macs eilceuseet ss eae 5, 600 20 00 112,000 AK el ee ee ane re IRce te eke Si ee don cr SN cee ue Pettis Oe $18 , 613 , 319 Palkorm@oe! == Bars Hw Oils, Sis) joveiq Clonal alg amaa woes o aie ere ole aol eie 4,089, 608 Islamdlwr@OGl, 1KObiACl— MAO 71S) COCs, She) jOeiP CONG Gos ae San noueodeacooess 740,034 SOM OOCMmnOLM Gs na wo iM COR a pem Pcl C OCI m aieyeniiasi yates lan OMv7153 Sinn ese OSM scm VED Te CES HEDGE twa seein eye ea rivets Scat raucle | 196,065 Pat SOMO TN GRpICCESm Pah GORDeM Ve tise eae acc eae Nice ae wlan. 284,154 ovalavalticnpnochtucedimuoo 7 ure asaya are neers ei) feet sors o. | $23,933,533 A large part of this rough lumber is further manufactured within the State, furnishing employment directly or indirectly to thousands of people in many trades and industries. * Most of the prices given here are those used by the United States Department of Commerce and Labor, Bureau of Census. Others have been received from lumbermen, etc. 140 POURTEENTH ANNUAL REPORT OF THE But few people are aware that the forest product of this State for 1907 was worth $5,800,000 on the stump, or $24,000,000 at the mill. This indicates that there is still left within the State a large quantity of forest and timber. It also should be interpreted as meaning that there is profit in the proper management of forest lands. It means that large amounts of money are derived from lands which are so remote or sterile as to be unsuited for agricultural pursuits, and should be utilized for growing wood crops. But when we take one and one-fourth billion feet of lumber in a year from our forests in this State we are cutting more than we can produce without reducing the forest area. It is difficult at present to state just how many acres of forest land there are in this State, or what the annual growth amounts to per acre. But any one who gives this matter serious thought will see that we are cutting far more than the annual growth, and this must soon produce a timber famine. The various demands for wood products are numerous and extensive, and probably timber can be used by this generation to as great an advantage as it can by the next; but cutting more timber than grows cannot go on long without exhausting the supply. This leads to a careful consideration as to the best plan to be pursued. We must bear in mind that trees of merchantable sizes are not produced in a decade, and, therefore, in order to provide for the future, prompt action is necessary. We have large areas of idle land so remote or unfit for farming pur- poses that they should be growing wood crops. We must have lumber for a thousand purposes; the present demand is greater than the annual growth; and so our forests are being rapidly exhausted; the prices of stumpage and timber are advancing rapidly, and will be higher as the supply is reduced. These are matters requiring serious consideration on the part of every citizen in the State. We should attack this problem the same as a manu- facturer would under similar circumstances, 7. ¢., increase our production by increasing the forests, or bring them into a state of higher prpductivity. This means forestry. Forestry is growing wood crops the same as an agriculturist raises food crops. We must give our woodlands and forests careful attention the same as our farms. ,If Nature does not scatter the seeds for a new crop, or sow the kinds of tree seeds that we wish, we must plant these areas with small seedling trees. Reforesting work has been C. R. Pettis, Photo. WHITE PINE PLANTATION NEAR LAKE CLEAR JUNCTION SIX YEARS AFTER PLANTING. (GMRIIPECaS Photo. SCOTCH PINE PLANTATION NEAR LAKE CLEAR JUNCTION. SIX YEARS AFTER PLANTING. SOIL VERY POOR, SAND. POREST, PISH AND GAME COMMISSIONER. I4tI fully described in preceding reports, and is discussed later in this report. But in addition to planting there are other kinds of work that will increase the production of our woodlands and make a more valuable forest. Ina natural growth we find many kinds of forest trees growing in mixture. Some of these trees are of little or doubtful value; they are often suppress- ing more useful ones and utilizing light and moisture which the more valuable kind should have. In fact, they bear a close relation in our forests to weeds in a corn field and they should be cut down by the axe as quickly as we would cut the weeds in the farm crops. This work cannot be intrusted to Nature alone because she is too slow, often waiting a decade before sowing seeds for a new crop. When she does start a crop the trees are often so far apart that they will not make a satis- factory development, and so much land 1s wasted. But the forester direct- ing the work uses the forces of Nature in the most profitable manner to secure the desired results. Such methods applied to the management of the forest lands of this State will make them a profitable investment, not only securing revenue, but also growing a better forest than Nature will provide, and the great influence which the forests exercise on the welfare of the State will be maintained for the benefit of the people. Reforesting Operations The amount of work accomplished in this line has been greater than in any previous year, and was unusually successful despite the severe drought which began as soon as the planting was completed. The field work was done in three different places, namely: near Paul Smith’s, at Raybrook and at Chubb Hill. No new plantations were made, but three of our former plantations were extended over larger areas. Two new nurseries, one at Salamanca and another at Lake Clear were established; the Forest Experiment Station at Saranac Inn was increased from less than one acre to four and one-half acres in size. The Axton and Wawbeek nurseries donated to us by the Cornell University College of Forestry, have been abandoned (except for seed beds in the Wawbeek nursery), as they are so remote from our field work that their operation became too expensive. The following stock was shipped from the nurseries during the spring of 1908. FOURTEENTH ANNUAL REPORT OF THE 142 ‘ejoyeqd yynos pue eyseiqaNn 0} juourdrys Joy ‘uolye4g Jusuttiedxg| aateiedo-og oy} WoIZ ‘BdIAIEG 4SoIOG SazeIG pe UA ey} 0} JOAO pony 910M sS90I} aSey], » ool ‘gz 0072 ‘Soz oSz‘zre SLo ‘oe Szg‘olS RYE -SleMl Wo Miracle Misi sthalict ello fl ofitel eli sili alicitellis) talic) fehielesie s[eqo, Se apes een | Ra otra lasne ys eeu eens ene eee ta 000‘1 000 ‘tT Mie cee uercach sjuedsuesy qeak-z ‘1epye xog Mes Asie ova aoe aed | Peete Mepes iio evirerietreye is Malte mame mre rea emcee cL cL Pa MI MT noes aome le * squejdsuesy reak-¢ ‘qnuseyng Ne ee eek ener. Sead MIO “says reve Tawi oSt tars gtiterny or cre ost selene Tee rete “-squejdsursy ea k-b ‘yse ouy oof : oe Secee ico Meed’- arene eM Mea Pian Saat elee ee lll era evaryctisy tes corres ooF (ee oie eo aaa sjurdsuesy qeoKk-z ‘guid yorf Wr neat eat grades pm eRe eer 00S ‘1 Rn et eats 00S ‘1 Sco Sten jeer oe eeS squrjdsuesy Ieod-v “‘OBYUAIOGIY Ee ince cect Me) Machines One een: oof Sethe seta sweets oof Rae on aes Devries squeldsuesy Teodk-+ ‘gonads sel snoq ste Roe ee el hima Saige aes 000 ‘or’ Se nape 000 ‘ore "7s ---- squeidsuer reeA-¥ ‘oonids Aeon reer ete cat Men atone || OM eghsWerkeristrowreae nem on Cee | Mm RVR ny teireir rcaesterai 009 I 009 I a Een crf eerent iat sjuridsuesy teok-v ‘outd Img 000‘S GonriGrr «|| “cece ce codec | ancacocooe OOmlOgie oo eee squrjdsuesy qTeak-¢ ‘guid yoq00g Sete eK Meme ies 00S ‘ol Re tae 000‘Sz 00S ‘tor a ae ee meee squejdsue.sy qTeod-+ ‘ourd yo}00S Rims ool aaa ere ooo ‘tL Teens ene a ws Rie ies ck trcaren ooo‘ / Se cI Ue OSU CNY eoKo omidh oonty\\ oor ‘gt OCOMOSsEn cll) mae ar uen acne 000 ‘S$ OOOO S ma a eee tae sjue[dsuesy read-b ‘outrd 9714 \\ aLVAINd OL | YUH HAND Nr | MOOMAAYA Ni | HUENS IANA NT | ALIENVAO saloaas @10s GaLNV1d GaLNVid GaLNvid go6Ol ‘MOOLS AYASUYNN AO NOILNIALSIG FOUR-YEAR OLD TRANSPLANTS, IN SARANAC NURSERY. READY FOR FIELD PLANTING. Pettis, Photo. GENERAL VIEW SARANAC NURSERY. POREST, FISH AND GAME COMMISSIONER. 143 In addition to the field planting done with stock from our own nur- series, 500,000 three-year old transplants were imported from Germany and Ser out in the Paul Smith plantations. This makes a total of 1,050,125 trees planted by us on State land in the Adirondack Park last spring; we also sold 23,900 to citizens for planting on private land, and 1,200 seed- lings for transplanting in nursery beds, preparatory to final planting in the field. These trees were sold pursuant to a law passed by the Legisla- ture of last year. Our plantations have made a fine showing. The first was made near Lake Clear Junction in 1902, consisting of about 700 acres, and the trees have now attained a height of about eight feet. The illustrations in this fepoOLMmare trom | plotographs or that) plantation. “On account ‘or the unusual drought of the past season the plantations, especially those made in 1908 on sterile, sandy soil, have been subjected to a most severe test. However, after a careful examination, it was found that our losses were smaller than in any previous year. New York was the pioneer State in reforesting, and it was necessary to develop our own methods and learn by our successes and failures in the severe school of experience. This work has now reached a high standard of efficiency. Our nurseries are considered the best in the country and compare favorably with those in Germany. The plantations are making a fine growth each year; we have learned what species are best adapted to different soils; the time to plant, and the size of material necessary to use under different conditions, at least for our work in the Adirondacks. Nursery Work The nursery work during the year was carried on in five nur- series, as follows: Saranac Nursery and the Forest Experiment Station both at Saranac Inn Station, the Lake Clear Nursery near Lake Clear Junction, the Cornell Nursery at Wawbeek, and Salamanca Nursery at Salamancar 144 FOURTEENTH ANNUAL REPORT OF THE The Saranac Nursery last year supphed the following amounts and kinds of stock for field planting: Wihites piney year-Oldmtnansplamit Sus amie lenient 21,000 SOHC A ONE, AVCAT-ONG! TiRAMSOAMUS, os cocecsborceano0s 90,000 Scouch! pines 2-year oldetransplaiatser 84) yee eee ae 86,000 Bellll Orbe, AASVEA-ONG! PAA OINNS, «5020005 00anse0000b% I, 600 INonwayASprices74-yjear-OldatransplantS amen iene 67,000 There is stock in this nursery now ready for shipment spring as follows: 265 , 600 the coming Wihitespimes4-viear-oldgiransplantsasqnaeaee ener 66,000 ING ONG, AAVEAVHONC! WRENS DIEWMIS, .o00054.0e720s0eneee 13,000 Bullpinewos\vear-oldtransplancSaeee eer ese near 18,000 Scorchepine ws=year-oldatransplanitsnep eee eens 123,000 220,000 In addition to this stock there is in this nursery MOMS OUTAS, B swreEAie-OllGl TagaiNSOIAIMES..4.. > or ao anocasevdes 68,757 Norway spruce, 3-year-old transplants................ 88,478 WVortes jones, aAyEeiollel SeeCNbinGS.. .5406scc0deucbaboear 80,000 estimated shoul jomne, oayeeieollich Secllhtines, .2>54500d00c00nnnonooe 20,000 estimated INGGl FONG, AAvVSeieOlGl WASCTNGS co aasccapevcuogacuuees 5,000 estimated SOHO joe, QAveere-Olll Seecllbinss. 4500500500005 000850 100,000 estimated Wines orn, e=eeeONlel SeeCllimes. ..5550000c0080ss000% 125,000 estimated INCL oma, Tea CAweOlel SSSCbhaes., oo 0caccuadnoeonanccde 40,000 estimated Scoechwoiniermn—year-oldusec ditinccenma arisen mnie tani 30,000 estimated Swull ose, st -yyreeue-Ollel GSOCHIIACS, oc0caccansooocdonGes ae 10,000 estimated This nursery is our oldest one and remains the same size as last year. The same system has been followed as described in our previous reports, except that we are now taking from this nursery for field work three-year- old Scotch pine transplants instead of leaving them in the beds until they are four years old. Experiments have been conducted which show that three-year-old Scotch pine transplants will make a rapid growth in the plantations. They are much easier to ship, require less labor to set in the field, and by using stock at this age the annual output of the nursery is FOREST, FISH AND GAME COMMISSIONER. T45 materially increased. It was also found that a four-year-old Scotch pine transplant could not be removed from the nursery without some injury to the roots, and that species with such a large tap root development should be set in its final place as early as possible. Forest Experiment Station. In order to make this report complete and up to date some matter previously reported on will be considered again. Such information will also explain somewhat in detail the nursery opera- tions. This station was established 1n co-operation with the United States Forest Service for the following purposes, viz., to increase our knowledge in reference to tree planting; to determine the species best adapted for reforesting in this section; to find exogens which will be promising trees for planting; to raise stock for experimental work, and to obtain informa- tion of value to the profession. The nursery in 1906 contained two acres, only a small portion of which was used; but this was increased in the fall of 1907 to four and two-tenths acres. In 1906 only enough of the nursery for 36 seed beds was used. In 1907 there were 36 seed beds in their second year, 36 beds in their first year and 89,200 transplants. In 1908 the entire nursery was in use and it con- tained 36 beds in their second year, 36 beds in their first year, and 58,200 transplants set in 1907 and 266,900 transplants set in 1908. The nursery location was selected, not so much on account of the particular adaptability of the soil, as the fact that it was the best piece of land available. !t is located at the end of an extensive sand plain, quite level, slightly southern exposure, fully protected from winds on all sides except the south. It was at one time a clearing, but had partly recovered itself with second growth. On the whole the soil is of average quality for this section. Water is secured from Little Clear Pond. A dam six feet high, already constructed, furnished sufficient head for operating a hydraulic ram. The water is taken from the lake through a four-inch pipe into a concrete well, and the drive pipe for operating the ram is taken from the well. The water is forced through a one and one-quarter-inch pipe 935 feet from the ram to the tank, and in this same distance is raised 72 feet in height. A two and one-half-inch pipe supplies the ram, and a continuous stream about one-half of an inch in size empties into the tank. A water tower 35 feet high has been built, the lower part forming two store rooms, while 140 FOURTEENTH ANNUAL REPORT OF THE the upper part encloses a 5,o00 gallon water tank. A two-inch main runs from the tank along one side of the nursery. From this main, side lines extend down each path at the ends of the beds with hydrants placed at intervals for watering with a hose. The entire system is laid to grade, and the water is drawn off in the fall by removing three plugs. The entire system cost $579.50, and the water tower cost $194.96 additional. Our seed beds are uniformly twelve feet long and four feet wide, and usually produce 1ro,oo0 seedlings per bed. A box around each bed is constructed by making a frame work of spruce four feet wide, twelve feet long and nine inches high and covered with a wire screen having a three-fourths-inch mesh. A cover is also built the size of the box and covered with the same kind of netting. The lath shades are also the same size. Our system of seed bed management has been adopted by the Yale Forest School, University of Michigan Forest School, Vermont Agricultural Experiment Station and the United States Forest Service. Our complete system of reforesting work, including seed collecting, nursery practice and field planting, has been described in full for the United States Forest Service, and will soon be published in pamphlet form by them. Seed beds are made as follows: The soil is cleaned of all sticks, stones, roots, etc. It is then fertilized and the fertilizer thoroughly mixed with the upper four to six inches of soil, the wire seed box placed and the form made. The bed should be made with a convex surface, and about one and one-half inches higher in the middle than at the edge. This gives greater light surface and the trees form an even growth. The soil to a depth of at least a foot should be thoroughly saturated with water and then the surface of the bed formed into proper shape. Caution should be taken not to get the bed so wet that it will crack when the moisture evaporates. The seeds are then sown broadcast. A clean tool, like a hoe, should be used to press the seeds into the soil even with the surface of the bed. About one-eighth of an inch of dirt should then be sifted over the bed. The wire screen cover should be placed on top and the lath rack on top of it. Then the spaces in the lath racks filled with loose lath and thick paper tacked around the sides of the box to exclude the light and conserve the moisture. NANWOAS ANO GHINVIdSNVUL SONITGAAS GIO AYVAA-OML AYV GNOOMDMOVA AHL NI GSOHL ‘SYaAWWOAS OML GHINVIdSNVUL Naat FAAVH HOIHM SONITGAAYS GIO AVAA-ANO AXV CNNOWIAAOT NI ASOHL ‘AIO SUVAA AWUHL ANId AVMUON AAV SLNWIMSNVUL TIV SLINVIdSNVUL JO HLMOYD AAILVAVINOD ‘oqoyd ‘sid “A ‘OD FOREST, FISH AND GAME COMMISSIONER. 147 Thirty-six beds were sown this year as follows: A Mii pe LINC Aen meee mee Reema nity eerie anak os Gein ecommerce 2. g r2 beds INGO Ceepee re se ee eee run ray ent Pansies ic kant tote neh eMart CST ash g beds SO OL Che LIC Mammen Smee eee MA ty sts Rune che ibe 7 Re Rea a Sa 9 beds Eset OUI Coon yCN REI er eee rene, nee Hea. tae ney rs aiaie ee: 3 beds ING CIRES Pig) COMaN rhs Heenan tat yee rT actus cas Cusine Maps Goon ehaty ae umer ah t bed SR aNCalista mm aT teria ares ena eal emer ONT Re ee gee manatee UC, torts ine ik ae t bed Seioaniesewl an chi eisya ae tate ann COC AEL pew kre tea ace ch abe, is t bed 36 beds These seed beds were sown from May 18th to May 26th inclusive. We had found that a leaf mulch, to secure germination, was not all that might be desired, especially in connection with our wire seed bed boxes. We, there- fore, enclosed the box tightly by covering with thick paper around the sides and filling the openings in the lath shade cover with loose laths. This made a tight box, retaining moisture, a hot air chamber with a fairly uni- form temperature, partially dark, which produced even better germination than we secured with mulch. It was also a further advantage, in that the covers could be raised at any time and the progress of germination noted; there was also no injury or loss to seedlings, as is the case when mulch is removed. ‘The result is that we are, at present, growing not less than 10,000 seedlings in a bed four feet by twelve feet, and have grown 23,000 trees in such a bed. We will work for greater density in seed bed management just as soon as we can solve the fertilizer problem. Better germination is secured by pressing the seeds into the soil, so that they will rest even with toe surface of the bed, before covering with dirt. The wire boxes are not expensive, as they cost us three dollars and twenty cents per bed, includ- ing lath shade complete. They can be used for at least six years, with proper care, without repair, which makes their cost approximately five cents per thousand trees produced. This five cents with us, on account of the birds, means the difference between success and failure of the seed bed. Next after germination comes “ damping off.’ We are working on a very light sandy soil, which does not produce the most vigorous growth 148 FOURTEENTH ANNUAL REPORT OF THE and consequently thin tissues in the seedlings result. First we fertilized heavily to secure more vigorous growth and stronger tissues in order that the seedlings would be more resistant. By thorough ventilation in the’ wire seed box, removing lath shades to dry out beds when necessary, we try to prevent the development of this fungus. If the fungus does develop © we use hot sand and dry powders, but scarcely ever liquids, to check the disease. We are now working on an entirely different plan, 7. e., to treat the soil before the seeds are sown, in the hope that we can either sterilize _ the earth or check the development of the fungus until our seedlings are’ old enough to be out of danger, should it develop. The whole purpose should be absolutely that of prevention, because the disease once started, is almost impossible to check. The soil that is used to cover the seeds should also be treated, or new soil, secured from a pit, used. Covering seed beds in winter has been a problem. The same amount of leaf cover used for successive years did not give uniform-results. We found that less covering must be used in winters when there was a deep © continuous cover of snow, and that this same amount would not be suffi- cient in an open winter. As we could not determine the weather four months in advance, and the Weather Bureau was not able to advise us, — some plan to obviate this difficulty had to be found. We noted that a leaf covering during the winters of heavy snow fall produced a heating and moulding of the seedlings. Hence we had to plan to prevent this trouble, and, at the same time, prevent heaving. We have solved this problem by | covering the beds with one thickness of burlaps placed over about two inches of snow. The burlap prevents the melting of the snow and the thawing of the soil underneath, yet is so porous that heating or mould- ing does not occur. It works perfectly and is, for us, cheaper than leaf covering. Insect troubles are chiefly confined to attacks of chermes, but we have practically exterminated this from the nursery by using kerosene emulsion. It should be applied after the eggs hatch, and before the woolly mass on their backs is developed, in order to be effective. Our next difficulty was in overcoming losses in transplanting. We have reduced our loss, in this respect, to almost a minimum by wetting the soil, if necessary, before planting. Our light sandy soil when suffi- cae 5 YDAW JO NOILVOIIddV AAVAH HLIM GAZITILYYA SONTIGHYS AIO UVAA-OML AO dNOUD ‘ojo ‘Sd “UY * FOREST, FISH AND GAME COMMISSIONER. I49 ciently moist makes planting safe, and gives the roots of the seedlings a better chance to attach themselves to the soil. This is much cheaper than the temporary use of lath shade after transplanting in dry weather. We find we can increase the production of the nursery by transplant- ing, especially tap root species, when one year old. In the Adirondacks we must have very strong stock to succeed on the burned sand plains which we are reforesting. Seedlings planted are simply a waste of money, because they are unable to compete with the bramble growth and hardly ever establish themselves. We must have strong transplants, and it is a question of economy how to get the best with the least expenditure, and secure the highest nursery production. Experiments along these lines have been carried on. We find that one-year-old seedlings transplanted two years are far larger and stronger plants than two-year-old seedlings transplanted for one year. The former class are the best for field planting, because they are better developed and can be removed from the nursery and finally planted in the field at a much less cost than four-year-old transplants. I believe they are decidedly better than four-year-old stock. I cannot say that this would prove true for spruce or white pine, but we are going to try to find out this also. Next to securing success in the work is keeping expenses at the lowest possible point consistent with quality production. We keep our costs down by an intensive system of nursery practice. We are bringing our soil to higher productive capacity, and then we aim by quantity and quality production to reduce costs. Density of product is not necessarily detri- mental, provided each tree has all the soil, light, moisture and plant food it can economically use. We carried on a series of experiments in seed bed work to prove this very point. Scotch pine seed was sown in several beds, the amount of seed varying in the different beds as follows: Six ounces, seven ounces, eight ounces, nine ounces, ten ounces. When the seedlings were two years old we found that we had over 10,000 in the bed where we had sown eight ounces of seed, and that they were just as good as in the bed where seven ounces were sown. We had just 1,500 more trees in the bed where eight ounces had been sown, which in reality had not cost us any- thing except about ten cents for the additional ounce of seed, because the expense of caring for them had been the same. The bed in which eight I50 FOURTEENTH ANNUAL REPORT OF THE ounces of seed were sown produced much better trees than where only six ounces were used. However, more than eight ounces of seed did not seem desirable, because they were stunted and suppressed; but the actual yield was fully as good as from the bed where only six ounces of seed were sown. This seed bed density reduces to a minimum the expense of weeding, and permits a very close, careful attention being given to the plants without materially increasing the cost per thousand. In our system of intensive culture we do not economize in either light or soil if it produces an inferior quality. We have noticed that seedlings on the outside edge of a seed bed are usually larger than those on the interior portions of the bed. This can be overcome by building the bed with a slightly convex surface, producing perfect drainage and an equalization of light. In order to test the qualities of various fertilizers a series of experi- ments was started. These were carried on in connection with the seed beds, because young plants show the effect much sooner and more strik- ingly; also because it was cheaper to treat small quantities of soil for seed beds than large areas for transplants beds. A series of soil tests was started in the spring of 1907. The year before, when taking up seedlings in the seed bed, it was noticed there were occasional spots where the plants were fully twice as large as in other places. A careful examination showed that these seed- lings were thoroughly rooted into a bunch of muck, which was used in fertilizing, but had not been properly worked into the bed. When this soil test was started we used this fact as a base and made a bed four feet wide and twelve feet long, with absolutely pure muck to a depth of one foot. This bed was sown in equal parts to white pine, Scotch pine and red spruce. Our seed beds were blocked in a rectangular form, six beds each way, making thirty-six beds. We began at one end and fertilized a row of six beds across with a very heavy coat of muck, applying at least six inches, all over the bed. To the second set of six beds was apphed a medium coat of muck entirely over the bed, not less than three inches. The third row of beds was left as a check. The fourth row of beds was covered with three inches of muck and well-rotted barn manure. The fifth row of beds hada ‘AUASUNN OVNVUVS SONITGHAS DNILNVIdSNVAL ‘o}0yg ‘sHI9d “A ‘DO FORES®D, FISH AND GAME COMMISSIONER. I51 three-inch coat of manure. The sixth and last row had an application of fully five inches of well-rotted barn manure. These fertilizers were all worked into the soil and thoroughly mixed, except for the first bed where the muck was applied one foot deep. The seeds sown in the spring of 1908 have produced plants which are now equivalent to two-year-old seedlings. The results are as follows: Wherever muck was mixed with the soil, seedlings are smaller and have a poorer color than on the check, except in the bed where muck was used without soil, and here it compares favorably with the check. The more manure that was used, the better the seedlings and the finer their coloring. Muck and manure mixed did not produce as good seedlings as where the same quantity of manure was used alone. Where the bed was made with muck and no soil very favorable results were secured. This series of beds had the fertilizer experiment running one way across the plot, _ and in the opposite direction ran a line of beds sown with the same species. White and Scotch pine were sown on all of these different soil tests. When the seedlings were one year old a top dressing of finely ground bone meal was applied to one-third of each bed. The effect of this top dressing is most striking, especially on the beds where little or no manure was used. The seedlings on muck responded least, but on the check an additional growth of fully two inches was secured, while on the beds where the moderate quantity of manure was applied a gain of at least three inches was made over that portion of the bed where the meal was not applied. There was also a great difference in color, those where the meal was applied being far greener and brighter. This was true for the pine; but the bone meal killed from one-fourth to one-tenth of the spruce, depending upon the species. I would earnestly recommend that bone meal top dressing be applied to the one-year-old pine seedlings if they are going to remain in the seed bed a second year; but it should not be applied to spruce. Another series of fertilizer experiments was started last spring, 1908, with chemical fertilizers entirely. A quantity of fine ground bone meal, acid phosphate and muriate of potash was secured and applied in varying amounts. Knowing that nitrogen increases root and foliage development, that acid phosphate hastens maturity, and potash increases root develop- ment, three kinds of fertilizers were mixed as follows: FOURTEENTH ANNUAL REPORT OF THE Nowra ine eroundyb one mlealenn iq ane er Te eae Mie ane eter 4 parts Aicialtp hosp hates eer 2 steers or aininn saneiryee hic oes teal ahs eee I part Miariate go otasli 1 Cece eet eek et euciat fier jad ot. taki yee ee ea I part None.c Acid phosphate das spencer see Gai pet aie) nc. eens era) Selene ie aa 3 parts Miania ter potash vont merce kiya ica darck ce odie’ yt epic Cee eae I part Nome.aMiuniaite sootaslieit the tao wemich eran geevin ater ac «NUL or nel eee 2 parts Bineseroundsbonemiiealbe: Wrasse rts sei ee nee 2 parts INCIGUE DM OSDNA GE Cn een eset so attiuten onc eee Une a east acne) ee I part These fertilizers were applied to the seed beds before the seeds were sown in varying quantities, and carefully worked into the soil. It is now too soon to make any statements as to results, as fertilizers do not seem to show much difference until the second year. We suffered severely from a late spring frost on June 3d. In the fields the brakes, the beech and alder leaves were frozen, maple leaves turned red, and the larch was frozen severely. In the seed beds the following were injured: Spruce — Tamarack ONE-YEAR-OLD BeEDs Picea apanensis, about one-third killed. Picea abovata, about one-third killed. Picea rubra, injured more than any other. Picea engelmanni, scarcely injured. Picea pungens, very severely injured. Picea excelsa, only slightly injured. Picea alba, scarcely injured. Larix leptolepsis, ruined. Larix dahurica, scarcely affected. Pine — Pinus strobus, not touched. Pinus sylvestris, not touched. Pinus cembra, only touched at end of a few leaves. Two-YEAR-OLDS No apparent injury. Transplanting. The following transplanting was done last spring in the Experiment Station: Esha GYAVESUES, DA\veene-Ollol SeeclbiNs, co ccocooecoouconoboubodee 43,046 Pinuiswresimosay =vear-oldy see dite cme yw aie ti einai ees 104,858 Pinusvaustmacas2-year-old seedilingceyaen a ane saci 1,989 C. R. Pettis, Photo. SCOTCH PINE PLANTED 1002, PHOTO 1007. POREST, FISH AND GAME COMMISSIONER. 153 Pinus monticola, 2-year-old seedlings EMS et Oey a ame aunts ot 1 130 iMisnamberiianae2year-Oldssecdlings. 5.45.2 .22 00 sem 364 EAC TUO eC Aner ay Cat=O) Ue SCCGIMIM OSH Ma fone 2a

aper | COnm et erases. ool ae Schenectady County. BR Gr Raitatiere a8 no ee eae a eer ted ee Schoharie County. Jn Ds Wescott... a od ss ep clste oc ee > ees Schuyler County. American Scenic and Historical Preserva- HOMES OCIS youu erm asha.faiucrs eck. 1,450 ere eee Slee ininca one leur ere 2, 400 Seneca County. NWailleanaastaremtl@sppiuall mie icrns cars atria cu Steuben County. A) ee ara ee ge eee eye ans I, 200 Ne OR Sealoctm@ee ty el giants ager ot: 4,000 iO fie OC aeIeemIO lo anCl ss eae ete are ae ene. I , 000 79,000 LOCO I ,OOO 2,000 3, 850 I, 500 6,200 239 240 FIFTEENTH ANNUAL REPORT OF THE Suffolk County. Brooklyn Home for Blind, Crippled and Detecinyey Cinilldizen tee rere re Ste Oseplis: Comventare ia nea JNO US) VMTN ob 6 wioo'a 5 BS oes ee soe sc 1Dis Wives Nie lkerseneNonme iy hci oe 6 Seley ae Sullivan County. CeaB GOiie aie yee eo oem ree ance wel teat Ma GDi Bostic Soe ee ee as ea WAVE WE BOE ins en sh as ee eae epee se Roswell) Coleset eee ee eae Berane Woods ei. 5 eee ae welts s. Washington County. Spring Brooke Vater COmmnaweie BossonmtyMicuCon): avian ere tan <. 3 , 000 2,000 I,000 goo goo I ,O00 2,000 7,200 4,000 2,000 I ,O00O0 I ,O00 3,000 5,000 3,000 2,000 10,000 10, 800 3,000 II ,200 3,000 24,000 32,000 6061 ALNNOD HDV4 Ni GGINV1Td Saad. 4O Y3ASWNN JHL ONIMOHS o00'€ ysisan SL1S'92 v13a0 080‘! SN9ONVYeVILYS 000'v 'vigwn109 auvm OOE +L oosasio 000'L AWODLNOW 00} dL 40 dVW oN ep OcE pe 0002'S ONVv1L¥O> i ce VOVANONO = 08 000'2 ose’e N3Sensauis JANVOartniy YBTANHDS ‘6 008'1S oo0o'e VYaIiaNno Ss 1Ma qq OO0O0'cE NOLITIWVH HERKIMER 0 gee oo0'62 3S2N3uUMVI1LS 009 9€ NIIHYNY HS oo0'll NOLNIT2D FOREST, FISH AND GAME COMMISSIONER. ORR None waren seis igre ths Acad cane C@aypueeolnmekiey Ops arn weet R. Vander Emde Cra Weeds clanancitte: 7a een ee ede [SM PeNTI@ Riese eee ra ee ee ye Coe ee hulle sence ete re a Wayne County. 241 3, 000 I ,000 I , 000 2,000 4,000 2,000 2,000 3 , 000 2,000 I ,000 18,000 10,000 500 1,095,495 In order to indicate more clearly what portions of the State are most active in this work, the accompanying map has been prepared. The following table shows the quantity and species of trees which were shipped during the year to private parties; also the amount planted on State land. WHITE PINE Scotcu PINE Summary of 1909, Tree Distribution Red Bull Norway PLANTED BY pine pine spruce paren Selling trans- trans- trans- ol oe Total price Seed- Trans- Seed- Trans- plants plants plants ates: lings plants lings plants Private parties...|208,850 |451,525 | 55,250 |134,625 6,350 | 15,960 |113,765 I9,000 |1,005,325 | $3,575 57 Statesaence coe. 50,000 53 p@QQO |) cooson 7,010 13,010 5,050 "O~OUu® |) soooos 90,080 268 67 Motalerarowrs vse 258,850 |456,525 55,250 |141,635 19,360 | 21,010 |123,775 I9;000 |1,095,405 | $3,844 24 242 FIFTEENTH ANNUAL REPORT OF THE In order to secure reliable information in regard to results of the planting by private land owners, the following blank was sent to each party supplied with trees and a report was asked in accordance with the agree- ment they signed when the trees were sold: Forest, Fish and Game Commission, Albany, N. Y.: GENTLEMEN.— I make the following report in regard to reforesting with trees purchased from you and planted during the spring of 1909: Quantity recerved oa) ye ee be ee ee ee Condition ofitreesswhen received)... (602.6... 2. J ee es Oe Date“of (planting wie to. He aoe ee eh Number of acres planted {sats 0, Sone OL oe a oe oe er Costhot planting peracre imeludine trees... 5 2-55) ee wy fe. lel Le! (0) pot Veleivixe le jefe) lie) (eo) sl josie iene) jo) () ie: foteof =i deplieMverdeltleh'e) 'ojjiel- e) te je\ 20) fe: (ej ie\ le) “oj 0) [e) 0! 10) [ep te\he) (nip sf lets teint et vakenlelelisiie=te lial =) KongeitlefiKe} (eo) le.) 0) fee) (e}ve)lesieiite) el ic\\ie sive! (ec) (et (ei ce) (ell's).e/teriej nel ie) \e)) eye!» jet) ©) (0) levier ce, o> ©) (e] 1s) Ke) ce) oN elle tkelifel Celie lseiliu Meio tole italiane) Do you know of other reforesting in your vicinity and if so, please give us the names of parties.and addresses. 1.2... 2. +. +1 12 eee eee The information received from this source has been tabulated in the following table: ication number | Appli H OO O~IOUNFW NH FOREST, FISH AND GAME COMMISSIONER. 243 Summary of 1909 Tree Distribution * Cost of Estimated plant- acres of COUN Hela aos ae ing per pice of land in ante ease acre, in reforesting | town that PLANTED planted E living Bienes © Guents trees be planted Hep lpia ka] tr eee dele 4,000 4 go $6 50 | Favorable . 100 Balboner 20,000 20 OW Pale soer tenes Excellent tens | meme Ney omic oorertete ne eter 10) OOS || a cae ood || ackuidwego”|) || Goacooace Onnitarci OnE t torr 3,000 24 go 12 co | Excellent.. 2,000 (CiisantOyNoo0ocedacce 5,000 6 80 7 oo | Excellent. . I ,000 Onerdaynteacrrie ac 500 14 50 1o oo | Necessity.. 10% ADEs 00006000000 2,000 I 85 14 50 | Necessity. . 4,000 (Alay aera ene 2,000 2 95 7 OO || RANOMAIDIO. || ocecoascs OC] ayn Geren ieee 2,000 14 98 1 GO || Wawomijole, || sccoscacc INibAam yea crear arse 4,000 Io 98 3 OO || Pano. || ccancaccs OnmieGeysadanosin ont DTA OOM tReet ere ULL h sceneic rae otal reece cect alte hcctes ees eae el Mie eae seme Gee @tsesormnre sce cier 60,000 50 98 to 80 | Favorable . 4,000 Meatdisonmenereeceil 1,250 2 95 7 50 | Favorable . 100 Teller kemmn eigenen rr HOO, || oolocevoe GON | ea cerencleaehertay Ml leurche pene eee te sts 2,000 SHEUFOMM Ss ¢ p00 0000008 TOO OM tetotertc rae RGR Reh sy sierct gah | eels dedtee torent NM aweayet earn ee ele rte lcd TT te ROR Ties Ce eee enero tei lc rtsetoenoreic eect PINS ee cl INE Mle ihn ia Rg rns Sal Bea Ca ge Oneidarer eee I ,000 I 98 GROG ait te rrctciiet enc elt heme ere beret @tSegotrwcmcn nse 8 she: 3,000 4% 98 Gukeioia il ts aancicea i Gos 100 Velen titnle Gaerne 2,000 2 98 79) © || coaccogdor 500 Oneida sc eens ZOO OMEN ae ei ete ls ae ea ie naa INC eau tome oul Te Cae nL An et erat UI En crt en catieSey, @ramge ne ccteciis ba 3,000 24 TO ely levereicneue ets PEWORAIS 4 || coledoocbos st. Lawrence....... 2,000 2 95 12 oo | Favorable. I ,000 Carttatra Wes maeverrces fee nian tom | eoterelcreperciisne| |) oiy-ascsrtalcrn ml Umar bene ect Wer atwzotn cede tell [nee Mek tk eyireamlls tae een TARO Ole | eee rate rer eter cial Rese eaeTeieR seco pis ieeie a(S aad eet ened Rod era ines aro OG kelenta Gifgepece ners cre lhacrences ene cull beroretramspevereticn || raeasiontepuiallie tskietalsilacs [Wievagt ya anos amet lent Ta, tks 8 (Wistert eee 2,000 1} 98 TS OON MN Cessamyaun|mernteailcl OWEIGH.500 00000080 3,000 4 97 7 ©) || IDES, || scoocoaces Teirayralchin eee nie 2,000 2 98 8 oo | Favorable . 50% Greene sancor naa dc 1,000 I 60 SOOM eracuehsisrat ce meee | Nestetareio renee s Siamlbairencelerrr tan mayan rari eun| casera sts ala! [ian veteran ctl [isis hava te sve Sout ance rst a uspamanene ill cmalacsea sin tene Aba tuys ania even od I, 500 2 (SToh. lites eros etal Nes oa Reais ars hk | ye eee Sins ooo ooduaobs 2,000 3 70 @ ©© |. Wemy goo. |] connnon4e * Wherever blanks appear no report had been received when report was prepared. f Canceled at applicant’s request. { Canceled for nonpayment. 244 FIFTEENTH ANNUAL REPORT OF THE Summary of 1909 Tree Distribution * — (Continued) WH v qa oe COUNTY Total iN @ A WHERE trees 1 Se S PLANTED olemuacl || See a sbalWawaencele err. TS OOO mi leeanreea cree FS |) OSWERO os oc005556 10 ,000 9 ara electra tll (GOT erate tren 10,000 9 iam Wey asta dl iiaegeegenentet eet ane 10 ,O00 12 Fg |) Sihe ILENARESMCD 5 5 a06 6 0 10,000 13 TA es ee a ee eel eee IO ,000 Io FS | pe UO OC Mer tenant GO || odocucoe 76) ||) Delawate.-- 2... .- 1,000 Z Wim Gheia me Oey arelenelerels I ,000 I FAS || Site, LANWARSINCO > 4.505 6 ¢ IO ,000 IO Oy |p SS eae eth renee a 6,000 3 Soya lay rea tl xslt rape ANCOO=||" oto oo-clox rel} WEES Ss Sooo oOo E 5,000 17 Biel meViaiteseisrie sein: 500 I 83) | Delaware. =. 5-1). -)- 500 4 Wa || (Cate. cogosoonooc 750 4 85 | Washington........ BROOOM lb pets er eel ue el OwuGawd oacec g064 5 I,000 4 S777 peeMltoeaINgeners teste ee 3,000 3 SQ ilealNemSSelaeiieenernarnae THO O Owls cere az 89 | Westchester...:.... I ,000 I Qon | aullitomiyaey aan 2,000 2 res Ose as eater teense etre nee Nee Reka Oza SaTaLO karen wert 1) pOOO || coosovas O34) |PoMO Sa ere serene AN OO Or |iaceency nen 94 | Westchester....... 2,000 2 OR |) WENA costa cosas 3,000 3 96 | Chemung.......... BKOOO jiescreiee OF. || Omeileisd ooinasac9 56 2,000 24 98 | Delaware.......... EBuovoYole| ones incor 99 | Delaware.......... 5,000 4 TOO! aWlachisonae eerie iens INGLIS Giga|temeusneee es TOW aG@ureeners tate aes I,000 3 Toma Chena Onecare 2,000 2 103 | Delaware........-. 60 ,000 35 104 | Chautauqua....... ZOOM ees aseses: TOS al) Waite Dir: ali): 2,000 1% TOO Climtonss acess erent: 2,000 3 to7 | Chenango.......... 4,000 6 Per cent. living Cost of plant- ing per acre, in cluding trees AR - Opinion of reforesting Necessary . Favorable . Favorable . Profitable... Necessity. . Desirable. . Desirable. . Desirable. . Profitable. . Favorable . Necessity.. Necessity... Favorable. . Investment Necessary.. Favcrable . Necessary.. Necessary . Favorable . Desirable. . Necessary . Desirable. . Favorable . Necessity. . Necessity. . Investment Favorable . Necessity. . Favorable . Excellent. . Excellent. . excellent. . Profitable.. Necessity. . Necessity. . Necessity... Necessity. . Favorable . Necessity. . * Whenever blanks appear no report has been received when report was prepared. + Canceled at applicant’s request. Estimated acres of land in town that ought to be planted FOREST, FISH AND GAME COMMISSIONER. Summary of 1909 Tree Distribution * — (Continued) H vo qa Se COUNTY Sq WHERE = PLANTED sre nhac di mol pemel eeNGe See eens aa | eRe nan resxs) | OWI. 5 s500050c5c 5,000 4 95 16°00) | - pasos. eel eee ener 5330) || OKWEEO oon oc000d0¢ 9,000 74 95 16),001'|| .: ok esas ien enon * Whenever blanks appear no report had been received when report was prepared. + Transplanted in garden for one year. This shows that through our efforts 1,000 acres of private land were reforested during the past year. The trees were set at various spacings from as wide as 10 ft. by 1o ft. to as close as 6 ft. by 6 ft.; and some of the trees were used for underplanting, while a quantity of seedlings were set in nursery rows for planting in 1910 which, when planted, will increase the above acreage. The success of the work is indicated by the very high percentage (average 90 per cent.) living at the end of the first season, coupled with the most favorable opinions in regard to this work. The most variable figures are given for the cost of planting. The prices range from $3 per acre for underplanting, when four hundred trans- A-FIELD DAY S FIRST HI FOREST, FISH AND GAME COMMISSIONER. 247 plants are set, to $15 to $16 per acre for setting transplants, at the rate of 1,200 per acre; but in the latter case, excessive cartage, inexperience, high wages and board of men increased the cost. The general average, including cost of trees, when transplants are set 6 ft. by 6 ft. (1,200 per acre) ranges from $8 to $10 per acre. In several cases, small plantings have been done at $6 to $7 per acre. Some idea of the land in this State that should be reforested is gained from the above table, based upon the reports received from forty-nine counties in the State. Also, an opinion can be formed, at least to the ex- tent that it is very large, by traveling over the State. It is also indicated by the large amount of mail relating to this work which is received every day in the year. An examination of the applications shows that several parties are planting to protect their water supply, among these being both municipal water works and commercial companies. Our largest pulp and paper companies are planting in order to secure a future supply of pulp wood. Many lumber companies are reforesting in order to grow lumber. The number of farmers and small land owners who are reforesting unused por- tions of their farms, are the most numerous, but they usually buy in small quantity. It is the general opinion of our customers that much wider publicity must be given to our tree distribution and that this can best be done by means of lectures such as Commissioner Whipple has been giving so effec- tively for the past few years. During the year a publication entitled “‘ Instructions for Reforesting Land,” has been published. It gives information on how, what, when, and where to plant, also some yield tables. The demand for stock is already far greater than the supply of our nurseries, but they are being increased as rapidly as funds permit. How- ever, we cannot supply trees faster than they will grow and it requires a few years for us to bring our nurseries into shape to supply the amount, ages, and kinds of planting stock required. 248 FIFTEENTH ANNUAL REPORT OF THE Private Planting Reforesting has been going on in this State several years, but it is difficult to determine how much has been accomplished. The Santa Clara Lumber Company, of Tupper Lake, was probably the first lumber company to begin on a definite plan. In 1905 they estab- lished a small nursery at Tupper Lake Junction, which was very successful from the beginning and has been increased from year to year. The nursery now contains 325,000 transplants, of which 200,000 will be ready for field planting the coming spring. They made their first field plantation last year with stock grown in this nursery. It is a pleasure to note their suc- cess and the enthusiasm with which they are doing this work. The accom- panying plate shows a general view of this nursery, also a group of seed beds. The Delaware & Hudson Co., one of the large landowners in the Adiron- dacks, established a nursery in 1905 at Wolf Pond, which has since been under the supervision of technically trained foresters. This nursery now contains 3,000,000 trees of various ages. They intend to reforest about 1,000 acres of their Adirondack land annually. In addition, a hard wood nursery will be started by this company at Oneonta, where they intend to produce annually 250,000 red oak seedlings, to be used for planting Pennsylvania coal lands. These steps are taken by this company for the practical purpose of producing wood material. Other private nurseries for reforesting land are operated by the West Point Military Academy at West Point, and Mr. Archibald Rogers, of Hyde Park, Prof. A. M. Hollister and Mr. J. M. Smith also have a nursery at Corinth and have put in a quantity of seed spots. Mr. Frank A. Cutting, of Boston, who owns several thousand acres of land in St. Lawrence county, began planting his land three years ago, but has been sowing seed broadcast for nearly ten years and the results are so satisfactory to him that he will continue both methods. The bureau of water of the city of Rochester began reforesting land around Hemlock lake in 1902, when they planted 5,000 trees, repeating it in 1903, but did not do any more planting until this year when they set 20,000. The city water board of Gloversville is actively at work re- Moon, Photo. EF, 108 HS WOODS ae yy RL a SA PARENT TREE R DLINGS UNDE E q WHITE OAK S - OF 4 THICKI KEPT OUT. Is FIRE WHEN SPLENDID REPRODUCTION SHOWING ‘NOILONOAL AMV1 WaddNL LV ANVdWOO YANNI VUVIO VINVS HHL AO ANHSYNN NI ‘ojoyg ‘sqooef “7 sowel 0J0U SG@ua@ GHYS WVHA CGNODHAS ‘AN ‘NOILONOAL AMV MAddNL LV ANVdWOO VAENNT ‘sqooef “7y sowmel VuUVID VINVS 4O AYHSUMIN ‘SMUOM YaLVM ATTASYAAOTS AHL HO NOILVINVId ANId HOLOOS *0}0Yq ‘“1I1Q *X2[V ‘ONILNV'Id YaLAyY SUVHA OML NAWVL OLOTMd ‘SUMUOM YWHLVM ATUASYHAOTID AO NOILVINVId ANId ALIHM ‘0JOY.[ “IO “X21V —— rez SMITH’S. i Pettis, Photo. SCOTCH PINE PLANTATION ON CORNELL TRACT MADE IN oor. THIS FOREST WAS DESTROYED BY CARELESSNESS OF BERRY PICKERS THE PAST SUMMER. inoae hh aie ve vy el FOREST, FISH AND GAME COMMISSIONER. 249 foresting its lands. The water boards of Glens Falls, Waterville, and Ilion begin the coming spring. The board of water supply of the city of New York, which has charge of the large Ashokan reservoir, has asked our assistance in regard to planting and a site has been selected for a nursery. Mr. W. H. Faxton, of Chestertown, probably has some of the finest plantations in the State. One of his plantations, of white pine, made in 1884 now has a fine cut of merchantable material. Until this year, Mr. Faxton made all his plantations with native pines collected in the vicinity, but as the supply was limited, he has not been able to plant as much as he desired. He is now using trees from our nurseries. He is a firm believer in tree planting as an investment and is buying wornout farm land for the sole purpose of planting. The Great Bear Spring Company, of Fulton, probably planted more trees than any other party in this State during the year. They have several hundred acres of land which they are rapidly reforesting as a pro- tection to their valuable springs. In the past few years they have re- forested a large area. As a result of much correspondence and information secured from various sources, we believe that various private owners have in the last few years, exclusive of 1909, reforested nearly 2,000 acres of land. Nurseries Our five nurseries are located as follows: Saranac Nursery and Forest Experiment Station at Saranac Inn Station; Lake Clear and Patnode Nursery near Lake Clear Junction; and Salamanca Nursery at Salamanca. Saranac Nursery. The work in this nursery has been conducted the same as in past years. This nursery supplied the following quantities of stock which were sold to private parties last spring: NMiniiesomez-veareldatransplamtce.- ae 04 cam Je: 66,000 Neda pine wa \yeamoldunraasplants 0 cos ae aos. sd 47 13,000 Bulllspimen soveamolditrancplantsars one. ase a 18,000 SCoOcchepinessvear Oldatransplamtsss. 9... 44.54: 2 £23),000 Ia 220,000 250 FIFTEENTH ANNUAL REPORT OF THE The following quantities of seedlings were transplanted in this nursery last spring: \iNiounys jonas, a Weae Clio! SaecllbnGs... co. sencseese neo oe 72 OGO scotch pine, 2-year old seedlings.... 7... Ban. 98,995 Bull pime soy ean oldiseediinesi an 44.3 8 ee 48,373 One In addition twenty-four seed beds were sown with seed as follows: AW ibe ries i ie es Sea ae Ce CCM G NEES incase 9 SCOCCH pitiens Maze eso cre cha mamta nearer bear e cel cased 9 Ried pine ic ia acer op a oneal Sem ene es ER OS, 3 Biropeammlanch ei mgm wert arma en a Mati uous rae 8 24 Forest Experiment Station. This nursery has been used both for experimental purposes and as a producer of planting stock. The plan of transplanting one year seedlings has been continued with excellent results. The species used were white, Scotch and red pine. The loss has been very low, not over 2 per cent, and they have made an excellent growth. These Scotch and red pine are from four to seven inches high, large enough for field planting under certain conditions, while the white pine have made fine roots and when they are three years old will be ideal stock. The disadvantage of this stock is that it is no higher when it is two years old than a seedling of that age and costs nearly twice as much; but it is a far better tree to use. On the other hand, if the one-year old seedlings are left in the transplant beds two years, they are somewhat more expensive than two-year old seedlings, transplanted for one-year, but are much better and are worth more than the difference in price. Photos showing com- parative developments of stock under these different conditions were published in our annual report for 1908. The three-year transplants (one- year seedlings transplanted two years) are far more desirable and cheaper - than four-year transplants and the former will be generally used in our work where we have been using the latter. Scotch, red and bull pine two-year old transplants (one-year old seedlings transplanted one year) will be generally used in place of the three-year old transplant. SEED SPOT AND STAKE UPON WHICH SEED SPOTS IN THE PAUL SMITH’S PLANTATIOI NOTE THE STAKES ON WHICH THE RECORDS WERE KEPT. A SEED SPOT THREE YEARS AFTER SOWING. THE GROUP OF TREES ARE BULL PINE. = Photo. SEE DE SPOM MN wilh PAUL: SIMMEE:SePIEAN PAI@INE NOTE THE FAVORABLE CONDITION FOR G TH BY THE LIGHT SHADE. THE LIGHT COLORED PORTION IN THE FOREGROUND IS THE SEED SPOT, THERE WERE NO TREES FOUND HERE, FOREST, FISH AND GAME COMMISSIONER. 251 In co-operation with the Bureau of Plant Industry of the United States Department of Agriculture, investigations were conducted to find some ce remedy for ‘‘ damping off.’’ We expect after another season to be able to make a final report. Last September 2,000 Siberian larch, three-year transplants, and 3,000 Japanese larch, three-year transplants, were supplied free to the Great Bear Spring Company, of Oswego, N. Y., under an agreement that they would pay expenses of transportation and planting, but we were to have the use of all information regarding the adaptability and growth of these species. A series of experiments are now being conducted to test the use of various fertilizers on seedlings and transplants in this nursery. Excellent results have been secured by the judicious use of water on our seed beds. It is now too soon to make a full statement in regard to the work. During the coming year experiments will be conducted with chemical weed killers, hoping by this means to reduce the expense of weeding. An effort has been made to grow osiers at this nursery. One of the large willow baskets, in which trees were received from Germany last spring, was torn apart, the rods submerged in water until the buds began to grow, when cuttings were made and set. A large part of these cuttings have made a fine growth. On account of the importance of osier culture in this State the work will be extended, but may be transferred to the Salamanca nursery. This nursery supplied the following quantities of planting material: PEOUCMEOINe c= year transplants. one see. oe ee ess 55,000 Nvniteypime,a-year transplants) ¢s.205 2.620. pees 33 ,000 Nee a pine o=Vean tramsplantsiyn sy siasts cece. Soeers 5, 700 ml minerer=Vear trans Mlantsnes dacs else cic dee ele oe 5,000 Bre peam lanchsaveat transplants .. 50.0. seth 0. 5,000 apanese larch, 2-year transplants. 0. ..0.....2..5.: 3.000 Dibeciame arch s=VeatetrancplantS«s.. ae. i ae cers. 2 2,000 108.700 252 FIFTEENTH ANNUAL REPORT OF THE The following transplanting was done in this nursery last spring: SCOWnd OriMo, D=veene SeeclwaGSs . occ scacneuncessoees: 2,904 SISOWEIN jOMNS, MVEA SSOCUOGSS occa sce badecs Washineton DC October 41900. % As a result of the discussions upon the subject and of the new require- ments of the trade and of State and National officials, many new styles of FOREST, FISH AND GAME COMMISSIONER. 285 carriers or shipping packages have been invented. The object has been to keep the oysters from coming into contact with the ice in transit. Some planters and dealers are experimenting with a number of different inventions in the endeavor to find the one best adapted to their purposes. No standard has yet been adopted in accordance with which it may be said that the waters in any given locality are safe or unsafe for the cultiva- tion of shellfish, but intelligent efforts are being made, as before intimated, by the United States and State governments and by the planters themselves, to secure a wholesome product from clean sources. The extent to which New York bay is notoriously polluted, in consequence of the continual discharge into its waters of the effluent from hundreds of sewers, mark it as a peculiarly unfit place for shellfish cultivation, and throughout the history of this Department no lands under those waters have been granted for the purpose of raising oysters for food or market purposes. Taking into consideration the fact that the oyster does not contract typhoid fever; that on the contrary it expels within a few days any germs of bacilli which may have entered its shell; that the danger of pollution in the oyster is measured by the amount of pollution in the water surrounding it; that in all the tests made no bacilli typhosus have been found in oysters unless first placed there for experiment or unless for experiment the oysters had been purposely immersed ina polluted medium; that it may be said that in practically every case of typhoid the bacillus has been carried by drinking water, milk or other ordinary foods, while all of the outbreaks of typhoid in this country which may reasonably be attributed to the consumption of oysters may be counted upon the fingers of one hand. It will be appre- ciated that the oyster has always been a relatively safe article of human food. Now when, in addition to the natural safeguards, State commissions, the national authorities, shellfish associations and individual planters and dealers are actively interested in securing proper sanitary surroundings and pure environment for oyster beds and have taken pains to provide sterilized and otherwise sanitary packages in which the mollusk may be shipped to localities remote from the coast, without coming in contact with any questionable substance or surface, not even touching the ice with which the package is cooled, there can be no doubt of the good and whole- some character of this appetizing article of food. a 286 FIFTEENTH ANNUAL REPORT OF THE Associations and Conventions Following the announcement in the last annual report of your superin- tendent concerning the formation and organization of The National Asso- ciation of Shellfish Commissioners, a meeting known as the First Annual Convention was held at the New York Aquarium on the fifth and sixth days of May of the current year. About thirty delegates from shellfish- producing States were present officially, together with about one hundred members of the National Oystermen’s Association. The convention was unanimously commented upon by the public press and was considered to be a great success. Addresses were made by well-known gentlemen and papers upon subjects appropriate to the occasion were read by prominent scientists. All officers of State and Federal commissions and bureaus, having charge of investigations or development of resources in shellfish products, had been urged to attend and to become actively identified with the work of the association as the membership requirement had been fixed so as to include not only executive officers but also all persons identified in any way with the work carried on by shellfish commissions or bureaus, and especially biologists and engineers; the object being to bring together once in each year those interested in the laws and general questions relating to the cultivation of oysters and other shellfish, for the purpose of discussing the needs of these industries and the best plans for meeting these needs. As New York was the host we were glad, through the courtesy of Mr. Charles H. Townsend, director of the New York Aquarium, to secure the use of that historic building for the meetings. That it is an ideal place in which to hold such functions was amply gathered from the expressions of pleasure gleaned on every side. The comprehensive, attractive and inimitable dis- play of fish, shellfish and of denizens of the sea and waters falling under other classifications, was carefully inspected by the visitors from other States. Great interest was manifested in the fact that the company was en- circled by walls which had been standing for over one hundred years; that here General Lafayette was received in 1824 to this country and welcomed by the American patriots; that here Kossuth addressed the military; that here the world renowned Jenny Lind gave that remarkable, that inimitable exhibition of voice in sweet song when first she visited these shores in 1850; FOREST, FISH AND GAME COMMISSIONER. 287 that this was the old southwest battery, afterwards called Fort Clinton and which, within the memory of men not old, was Castle Garden, where immigrants from abroad were received to this land of promise — America. The oration of the occasion was made by Hon. Edward C. Stokes, former Governor of the State of New Jersey. Scientific papers were read by Dr. George W. Field, of Massachusetts; Dr. Tarleton H. Bean, of New York; Dr. W. D. Bigelow, of Washington, and Dr. Caswell Grave, of Balti- more. One notable and highly appreciated innovation in the usual style of arrangement of addresses was made upon the program. It was the opinion of the committee on program that in addition to scientific papers, at least one paper should be had from the business standpoint of the practical oyster planter and dealer. In consequence, Mr. Azel F. Merrill, President of the National Oystermen’s Association, himself a life-long oysterman, was invited to read a paper. As information from the practical side so rarely reaches the degree of publicity deserved, I apprehend that the following quotations from Mr. Merrill’s paper will give valuable information. He says: “The oysterman of to-day, whose experience dates from the time when he could first pull an oar and help his father bring back the catch after a day’s tonging, has seen the most marvelous strides in a business which for ages was conducted on the principles handed down from father toson. As the farmers in olden times planted their corn when certain lunar demonstrations appeared, because their fathers and grandfathers before them had done so the oysterman of yesterday plied his vocation as his ancestors had done in the days of old. What a revolution has occurred in this industry in a few years. Following the spirit of the age, shattering old traditions, disregarding father and grandfather and their antiquated methods the progressive on-marching business army has paused to look over this field, and presto! we find it no longer the staid respectable occupation of a few hard-working men, but a vast cultivated field for the employment of capital, and demonstrating to the fullest extent the possibilities of an industry which will expend and grow as the modern scientific methods are more generally understood and adopted. “ Starting with the natural growth which was the first field of the oysterman, we have seen the gradual development of land under water until 288 FIFTEENTH ANNUAL REPORT OF THE to-day vast oyster farms are under careful scientific cultivation. The old skiff and tongs have been laid aside and, like the arms of the ancient Romans, are more ornamental than useful. In their places we see the fast well- built steam and power boats with their powerful dredges darting back and forth across the bay, loaded to the water’s edge with this delicious sea food. The rapidity with which oysters are now dredged and brought to market necessitates a greater field and a more general consumption. Competition has reached its keenest stage, and the fight for an outlet for the product of this advanced cultivation has resulted in lowering the price of the oyster until to-day it is not a luxury but a staple article of food and will bring only its food value, hence the consumer is benefited by the advance in oyster cultivation as well as the dealer. * ** * *% *% ** * * * * Ok * * ‘““ After the planting, growing, transplanting and maturing, the dredged oysters, carried to market in swift boats, must be sold. Here the inter- esting natural history of the oyster industry ceases; the wonder at the marvelous work of Nature in ‘ bringing these oysters from a tiny speck of film in the water, through the countless vicissitudes which surround the struggling atom to a well developed, hard-shelled, self-reliant bivalve is over- shadowed by the more important feature from an oysterman’s point of view — how can all these oysters be sold, to whom, and for how much? “The methods employed in selling and distributing the harvest of these vast under-water farms have progressed in the same proportion as the growth and cultivation and has taken on all the selling features of the largest mercantile establishments of which these methods are characteristic. Advertising in all its far-reaching publicity and persistent drumming by salesmen and solicitation by mail and by wire are among the methods employed. In the city the salesman makes his rounds, and the orders are delivered in the shell by wagon the same day or the next day. Out-of- town orders are mostly opened and shipped in tubs in which a clean pure piece of ice is placed, or in carriers containing a galvanized receptacle for the oysters with the ice packed around solidly on the outside. ‘As yet the conservative old-fashioned oysterman is not ready to grasp FOREST, FISH AND GAME COMMISSIONER. 289 the new order of things in its fullest significance. Like the old-fashioned farmer, he can’t bring himself to believe that this mad rush, this ruthless casting aside of old traditions can mean anything but financial disaster, but just as sure as night follows day so must the oysterman lay aside prej- udices and deep-rooted but fallacious opinions, get in the fight and march along with the army of progress, and if it means that in the struggle some are crowded to the wall, some fall never to rise, it is the regrettable but unswerving law of progress and competition, and the sooner the antiquated oysterman girds up his loins, puts on his armor and sallies forth in the van of the army, the sooner he will reap the inevitable reward of intelligently applied efforts and progressive oyster cultivation. “ The next few years will be devoted to experiments, stimulated by the keen competition I speak of, and money will be lent unsparingly, ungrudgingly, to bring the oyster to the very highest state of perfection. This is the aim of every responsible loyal oysterman, and in accomplishing this result, much that is now done will have to be undone, much that is of importance, will sink into insignificance. The preparation of the ground will receive the most careful attention. The planting of the seed will be accomplished by the most modern and approved methods. The trans- planting and maturing will be looked after with as much attention to details as a farmer would give to his pet bed of strawberries destined to take first prize at the country fair. The marketing of the crop will be the crowning feature of the intense and earnest struggle for commercial recognition, marked by sanitary caution, improved healthy competion and the adop- tion of every system and appliance destined to promote the health and add to the epicurean pleasure of the consumer. “The Department of Health, conscious of the absolute necessity of pure food, and noting the rapid strides of this hitherto lethargic industry, has taken the oyster under its wing and the public are assured of its wise and beneficient interest in their behalf to the end that sweet wholesome oysters and no others may be sold. The oyster dedlers have placed them- selves on record as inviting any recommendations which the Pure Food Law or the Health Board might suggest. The National Association has appointed a committee, now acting with the Department at Washington, to select 290 FIFTEENTH ANNUAL REPORT OF THE the best method of transporting opened oysters to distant points. This committee has visited Washington five times, and its mission is as yet unfinished. The New York State Association is acting in harmony with the State Board of Health, cheerfully furnishing them with boats and men to pursue their investigations, and stands ready to do so as long as it is requisite or necessary. The New York city dealers are conducting business under permits issued by the Board of Health of the city of New York, granted only after the most rigid inspection, and are lending every assistance in their power to the health authorities to bring about the desired object of assuring the people of the absolute purity of the oyster supply of New York city. “The opening houses of the up-to-date shippers of shucked or opened oysters are models of cleanliness and good order. Carelessness in handling or packing is a thing of the past and oysters are now packed as carefully as a physician’s prescription is compounded. “The methods of shipping are undergoing a crucial test to determine the purest and most wholesome system of transporting opened oysters. The experiments conducted by the Department at Washington will in a large measure determine this question, as the shipping business has grown to such an extent that laws in some states relating to packages in which oysters are shipped work incalculable injury to the shippers when the framers of these local ordinances are in many instances grossly ignorant of the causes of the alleged conditions which they attempt by pernicious legislation to remedy. A uniform system of carriers, approved by the Department of Health, having the same necessary safeguards but not necessarily a patent carrier or of the same style of manufacture, would perhaps go a long way toward preventing the shipper’s consignment from being ruthlessly confiscated and consigned to the gutter, because some provincial constable decided it was “ Agin the law to ship ’em in them there tubs,’ as has happened and will continue to happen unless some legal protection is vouchsafed to the shipper. “Gigantic strides in this carrier proposition are under way until we are told it will be possible, by the use of a certain type of transporter, to put oysters in the carrier, or transporter at a temperature of 38 to 42 degrees, FOREST, FISH AND GAME COMMISSIONER. as 2g! and without ice or further attention they will reach their destination in exactly the same condition as when they left the shipper. * * * ** ** * * * * ** * * ** “There is no food product as thoroughly inspected, both as to the condition of the oyster itself and the utensils and environments in which it is prepared for shipment to the retailer or consumer; especially is this so at the larger points of shipment. Competition is so keen that quality and condition must be the very best and the very cleanliness of the premises advertises the output. “The oystermen themselves are the most concerned in regard to the question of sanitation, for on them devolves the task of giving the people of the United States and elsewhere pure oysters. There is no class of pro- ducers who consume more of their own products than the oyster-growers and their families. When my father was unable to go about, being seriously ill from infirmities incident to old age, I kept him supplied with oysters. Just before he died he said “My son, the oysters you sent me have pro- longed my life; it was the only food I could relish and digest.’ “The industry is peculiar in that the different localities entaged in planting are independent for their changes of seed. Just a few years ago there were large quantities of seed oysters taken from Long Island Sound and transplanted in the waters of Virginia and New Jersey; they grew well and matured satisfactorily. During the last month a cargo was taken from Chincoteague, Va., to Greenport, L. I., for planting purposes. * * * * * * * * * ** * * * “ Having in mind the gentlemen present from so many of the oyster- growing states, I will state without reservation that during all the investi- gations at Washington of oysters from the Gulf of Mexico to the State of Massachusetts, the oysters which carry the best, have the best flavor and show the best condition at the end of long journeys, come from within a radius of one hundred miles from New York. * ** ** * ** * ** * * * ** ** ** “In 1875 there was shipped by one concern to California 3,250 barrels of oysters. In 1907 there was shipped by the same concern to California 292 FIFTEENTH ANNUAL REPORT OF THE 66,000 barrels of oysters. The greater proportion of this seed came from Long Island Sound, whereas, formerly they were caught in Staten Island Sound. The reason for this is that Staten Island Sound, once the most prolific of seed grounds, is now unproductive on account of the beds having been depleted of shells, thus making them unsuited to successful propa- gation. “The shipments to Europe have fallen off in recent years on account of the very active competition of the Portuguese market. Owing to the cheaper freight rates and other conditions the European buyers turn their attention to their home markets which have been stimulated to activity by American shipments. | “What this infant industry needs (for it is as yet an infant) is wise subsidizing legislation that will encourage and not hinder its growth and development. On account of the great reduction in prices the profits on investments are greatly lessened. The best lands have been taken up and to induce planters to cultivate the hitherto barren lands, legislation must be liberal. Light taxes must be imposed until after these lands have been tried and found productive. The lessee can then pay the State an adequate and just tax for the land he uses. I believe the Shellfish Commissioners should be men who know what is necessary to further its interest and who will have plenary powers to make fair adjustments as exigencies may arise or the welfare of the pioneer cultivator and planter require. This may seem to favor the planter, but a little thought will show that where no money is spent by the State, simply an abatement of oppressive taxation for an experimental period, the reclamation of these barren lands will be a splendid increment to the State. The taxes will be a source of revenue, and the d wonder will be that this plan was not put in operation long before.’ Jurisdiction of Lands under Water t. Lands in Jamaica Bay. In certain locations, where for years lands have been considered within the jurisdiction of the department, it seems to be held by the Supreme Court that the title is not in the State. In certain other localities where the State has not, up to this time, exercised jurisdiction we learn from a similar source and from opinions of the Attorney-General, FOREST, FISH AND GAME COMMISSIONER. 293 that the jurisdiction is in the State. In 1895 the State first granted leases of lands under the waters of Jamaica Bay for the purpose of shellfish cul- tivation. This practice has been continued until the present year. The title to the lands was from time to time questioned by the city of New York. In 1904 the city of New York, in an attempt to assert ownership, undertook to oust the State lessees holding shellfish lands in that locality. The At- torney-General of the State then deputized Hon. Leander B. Faber, of Jamaica, to look into the matter in behalf of the State. The result of the controversy being that the city, through the Department of Docks, issued to each State lessee, under resolution of the commissioners of the sinking fund, passed June 7, 1905, a permit or guarantee of quiet possession to cover the time during which the questions at issue should remain undetermined. It was understood at that time that an agreed case, between the State of New York and the city of New York was to be submitted to the courts for decision. It seems, however, that for some reason this submission was not made. The questions involved have again become prominent in view of a recent decision of the Supreme Court, in the county of Queens. This was in the case of The Rockaway Park Improvement Company, Limited, against the city of New York. It will be noted that the State of New York was not a party to the action. It was held by the trial judge, as a conclusion of law, that the issuance of licenses for shellfish cultivation by the town of Hemp- stead and by the Commissioners of Forest, Fish and Game of the State of New York do not constitute acts of dominion over the lands under water of Jamaica Bay, but were acts of police regulation pursuant to legislative enactment. The decision directed that judgment be entered in favor of the defendant, that it is seized in fee of the premises described, consisting of lands under water of Jamaica Bay, north of the mean high water line of said bay on the north side of Rockaway Neck. From the decision of the court read in conjunction with the conclusion of law above mentioned, the inference would seem to be that the opinion of the trial justice was that the lands under water in question belong to the city but that for purposes of police regulation licenses for shellfish cultivation had been not improperly made by the State. The case is now on appeal. 204 FIFTEENTH ANNUAL REPORT OF THE 2. Lands in Great South Bay. (a) In the supreme court of New York, county of Suffolk, in the case of the town of Babylon against William Dar- ling, recently decided, the report in part reads: “ By this action it is sought to determine whether Babylon Township or the State of New York has title to the land under water of the Great South Bay between Brookhaven line, known as the Ranges and Sampa- wams Point, a distance of about ten miles. If the State has title, judgment must be for the defendant. * * * * * *% % * * * * * * “TI conclude as follows: That the easterly boundary of Huntington and the property granted to it under its patent is fixed and determined by the Fletcher patent of 1694, to wit, at the easterly side of Sampawams Point; that to the west thereof its title extends to the Ocean; that from the east- erly side of Sampawams Point to the Ranges, the title to the land under water in the Great South Bay, or locus in question, is in the State of New York, and I accordingly give judgment for the defendant.” Within the boundaries mentioned in the above decision there is con- tained about thirty square miles, or nineteen thousand two hundred (19,200) acres, covering hundreds of acres of land well adapted to shellfish cultivation. (b) Great South Bay — Lands of Smith Heirs. Lying in Great South Bay to the eastward of the lands above described are the lands known as belonging to the Smith heirs, comprising about twenty-one square miles, or thirteen thousand four hundred and forty (13,440) acres, and including some of the best known oyster lands in the State. The attention of the shellfish planters throughout the country has been centered upon this locality since information has recently been made public that these lands have been sold to a syndicate of well known oystermen. Such interest is understood when it is known that Great South Bay, and particularly the portion of that bay in question, is the natural habitat of the far-famed Blue Point Oyster, and that by law no person, firm or corporation may sell or offer for sale any oysters, or label or brand any package containing oysters for shipment or sale, under the name of Blue Point Oysters other than ea) ep — = cf ea) — ey eZ jas FOREST, FISH AND GAME COMMISSIONER. 2905 oysters that have been planted and cultivated at least three months in the waters of Great South Bay. It is said that upwards of seven hundred and fifty thousand dollars ($750,000) worth of oysters in the shell, and one hun- dred thousand dollars ($100,000) worth of opened or shucked oysters are annually shipped from this portion of the bay. It has been the custom of the representatives of the Smith heirs to lease the lands under water, in their domain, to shellfish planters, and many of these leases have still more than one year to run. The lands are used by the large planter possessing all the requisite equipment for work upon an extensive scale as well as by the poor bayman depending upon the labor of his own hands. All planters are equally apprehensive that the sale of this large section of the bay por- tends the formation of an oyster trust with an incidental control of the product and of prices, and are anxiously watching for the development of the threatened innovation. The cry of “ Oyster Trust ’’ has been raised many times during the last few years, but the genuine spectre has not yet arisen, it being a somewhat difficult, though perhaps not impossible, matter to control the plentiful growth of oysters occurring all along our Atlantic shores from Maine to Florida as well as in the Gulf and upon the Pacific coast. 3. Lands im Other Bays. Through the Attorney-General we learn that jurisdiction is in the State, of the lands under water in Hempstead harbor, in Cold Spring harbor within the town of Huntington and in Man- hasset bay. Each of these bays is favorable for the cultivation of oysters and promises to constitute valuable additions to the localities available through this bureau, for shellfish cultivation. There is approximately one thousand square miles, or six hundred and forty thousand (640,000) acres of lands under water in this State in sounds, harbors and bays where shellfish are grown. We do not mean to say that every acre included is suitable for cultivation, but it is true that in every locality fine shellfish lands may be selected and utilized. LOBSTERS The lobster fisheries of this State, in so far as they have been utilized by our own citizens, are relatively small. It is well understood that there has been a general and progressive diminution in the number of lobsters caught 26 2096 FIFTEENTH ANNUAL REPORT OF THE extending over a number of years. Other states are leading us in the pro- duction of this widely sought crustacean. The waters along our coasts are the natural habitat of the lobster. New York is the market to which the catch of other States is sent, and the quantity required for consumption here constitutes a considerable factor in fixing the high prices paid to the dealer in Maine or Massachusetts for this delicacy of the table. There are several reasons for the unfavorable situation in this respect. (1) The general condition of decline in the industry, affecting all localities in which the lobster is found, in part caused by the increased demand and consumption. (2) The most valuable lobster grounds in this State are found in The Race, southwest of Fisher’s Island, in the extreme easterly portion of our jurisdiction. These grounds are about twenty-eight miles east of Green- port, the most easterly port in this State and but five miles from New London and Noank in our sister State of Connecticut. Therefore, as would naturally be the case, these fisheries are principally carried on by nonresidents of New York. A nonresident license fee is paid by each of these fishermen, amounting in the aggregate to about one thousand dollars per year. (3) Our laws are ineffective. (a) No legal restraint is placed upon the catching, sale or possession of seed-bearing or “‘ berry ’’ lobsters. It must be understood that the female carries her eggs attached to the under side of the body until they are hatched; these eggs, depending upon the size of the lobster, may amount to many thousands and are every one sacrificed when an egg-bearing lobster is caught and sold, as is usually done. This practice alone 1s sufficient to account for a continuing decrease in the number of lobsters taken. Stringent laws are upon the statute books of other States for the protection of the lobster in this respect. It has been found, however, that such laws are easily evaded by the fisherman who brushes or strips off the eggs so that none are to be found upon inspection. This practice is remedied by interesting the fisherman in saving the eggs and purchasing from him at market rates all egg-bearing lobsters which are then liberated by the State and the eggs naturally hatched in proper waters, or the eggs are hatched at the State lobster hatchery and the fry suitably distributed. New York State has no such law at present. It is recommended that a statute covering this FOREST, FISH AND GAME COMMISSIONER. 207 matter be enacted and a suitable appropriation made with which to carry it into effect. The method of measurement applied to the lobster should be changed. The law at present reads “‘ Lobsters less than nine inches, measured from one extremity to the other, exclusive of claws or feelers, shall not be taken, possessed or sold.” This plan is imperfect for the reason that the segments or sections of the lobster may be so pulled apart or stretched as to enable the fisherman to make a lobster which when caught is below the legal limit to be of proper length. The plan now adopted in most of the seaboard States is to measure the rigid body shell alone, which is of one piece and cannot be stretched. (4) Abandonment of hatching the lobster. New York has no lobster hatchery, though an attempt is every year made to do what may be done in that respect by the superintendent of the Cold Spring Harbor hatchery. He is, however, under the disadvantage of not having proper facilities for procuring and hatching the eggs, and under the circumstances, has made an excellent showing. Something more upon this subject will be said elsewhere. SALT WATER FIsH It is with great satisfaction that your superintendent has learned, from the State Fish Culturist, that over three hundred and forty-three mil- lion (343,000,000) salt water fish fry were distributed during the year. The fact that the State has no hatchery especially devoted to hatching marine species makes this showing more remarkable. The fry were produced from eggs gathered and hatched at the State hatchery at Cold Spring Harbor, Long Island, time being found for this work in addition to the extensive operations of the hatchery in the production of the eggs, fry and fingerlings, of fresh water species, such as brook trout, rainbow trout, lake trout and silver salmon. The figures of the marine fish fry distribution are as follows: SNC iaRsig AOE Mey etre ee ae Was, Scat Ter ictal Slat, 226,000,000 BN ptraserignsin anti lam eters eos rel heel cits Scapa tease ecare soe ee as I0Q , 300,000 IP a Sete QR nent we haha. aroanr alaier Meyer cease ais cue «Semana oh 7,005,180 SAMO AS SMUG rary pun er es Sey et ieee Slee am ware cS ons a 792,200 343,097,380 298 FIFTEENTH ANNUAL REPORT OF DHE This important work having been accomplished, it may be said, as an incident to the regular fresh water work of the hatchery, we are led to con- sider what results might be attained by a hatchery designed and properly equipped for salt water work! That such an equipment will ultimately be had, we have no doubt. In the meantime it is estimated that with a moderate expansion of facilities in this direction the superintendent of the Cold Spring Harbor hatchery could readily add 500,000,000 or 600,000,000 — fry of marine species to his output. This would involve the erection of a . small building with necessary hatching jars and appliances at Montauk, a location favorable for the collection of the eggs of the lobster and other — species. The lobster fishermen would be largely interested in such a project _ and have already intimated that a suitable site for such a plant might be leased by the State at a nominal rental. Two additional men, during a - portion of the season, would be added to the superintendent’s force. It is estimated that these results may be obtained at an annual cost of twenty- five hundred dollars ($2,500). In considering the advisability of such an expenditure, it should be remembered that the fish it is proposed to produce would not be for the amusement of the sportsman and game fisherman alone, but would constitute an important item of food supply, through the markets, for the people at large. Your superintendent recommends that an appropriation of twenty- five hundred dollars ($2,500) be made for this purpose. Condition of the Industry It has been a good year for the oyster industry. The fisheries and opening plants have been kept in successful operation, many thousands of men have been, directly or indirectly, kept employed. Planters are enlarg- ing their holdings, being ever on the lookout for favorably located new grounds. The markets have been reasonably good, and there is much cause for encouragement. It is not intended to convey the idea that there has been during the year no hardships or adverse conditions, for such have existed and were so intense and real as to be severely felt. There has been a poor oyster set, that is, the young or seed oysters did not appear upon the beds as plentifully as they sometimes do. Notwithstanding the fact that FOREST, FISH AND GAME COMMISSIONER. 299 the beds were raked, scraped and made clean and suitable, and clean shells or broken stone carefully distributed over the ground and everything pos- sible done to attract the minute seed to settle down and grow about its soft but potential atom, the shells which constitute the walls of a dwelling within which it might safely set up housekeeping, the inducement was insufficient and the newly swept and garnished beds were eschewed. As the season advances, say about the latter part of August, the oyster planters with in- tense interest watch for the appearance of the set, examining with the aid of magnifying glasses the shells and stones upon the oyster beds for the very first indication. A satisfactory set is not by any means a matter of annual occurrence, and naturally at this time of year developments are anxiously awaited. When it is definitely ascertained that there is a good set, there is reason for rejoicing, as an abundant set means a replenishment of stock which may be made to extend over several years. The great seasons of 1899 and 1904 are still spoken of, in this respect, and may not soon again be equalled. In those years the young oysters deposited them- selves upon the beds prepared for them, and everywhere else where a footing might be found, in quantities so as almost to cover the ground, making glad the hearts of the planters. Though we cannot always be favored by a blanket set of this description, fortunately it is seldom that there is an entire dearth. The young oysters may appear in spots, skipping many areas where they were hopefully looked for but showing here and there throughout the shellfish territory. With such an occurrence of seed the planter must, in the lean years, be satisfied, and he proceeds to make the best of the situ- ation. He does everything in his power to improve the prospects, a very usual device being to convey to the beds from a distance mature oysters, known as “ spawners.”’ The milt and spawn from these mixing with that of the mature stock, will it is believed, counteract any tendency of the oysters to decline in quantity or quality from constant inbreeding. These spawners are brought considerable distances, from all favorable localities and high hopes are usually based upon their use. New York is exceptionally well situated for the production of shellfish of fine quality, and it is no wonder that oysters from here have won reputations abroad. The very names of our brands, such as Blue Points, East Rivers, Rockaways, Saddle Rocks, as also in respect of our Little Neck clams, have been imitated, 300 FIFTEENTH ANNUAL REPORT OF THE and products less deserving substituted for them. Blue Points which never saw Blue Point or any other portion of Great South Bay are palmed upon the unwary purchaser; and clams supposed to be from Little Neck Bay may be had anywhere in the country. Long Island Sound, with its Bays and har- bors, Gardiner’s and the Peconic Bays to the eastward, Shinnecock, Great South, Jamaica, Prince’s and Raritan Bays, are important centers from which comes an unrivaled product. Situated midway between the northerly and southerly limits of good growing territory, its waters peculiarly adapted to growing the molluscs at all stages of existence, with an immense and largely increasing production, New York stands, as she does in many depart- ments of industry, in the very front rank of oyster producing States. The State has suffered to some extent from the effects of indiscriminate and ill- considered legislation enacted in past years at the solicitation of localities or in the interest of individuals or of numbers of those engaged in the industry. There has until within the past few years been little attempt at uniformity of laws; thousands of acres have been virtually given away, in perpetuity, to individuals, upon the payment, at the time of grant of one dollar per acre to the State, and many more thousands have been absolutely given away to localities (counties and towns) without the least payment or return to the State. However much the State may have suffered from an occasional largess of this description it is yet in better position in this respect than some other oyster-producing States where lands under water have been granted in perpetuity until little or no lands valuable for shell- fish cultivation are left. New York, fortunately, has large reserves still available, and with the leasing system now in operation no more lands (which belong to the entire people) will be given away. The State of Rhode Island furnishes an example of a wise administration of shellfish matters. From the very outset, in that State, the lands have been leased to planters, reserv- ing the fee to the State, and in consequence an income from rentals annually increasing in amount, as more lands are utilized, is gained for the treasury. In some States the voice and vote of the free bay fisherman have been of sufficient influence to commit those States to the free bay policy under which the lands are open to all citizens (generally to the township) to rake and take shellfish wherever they choose. Under this destructive method beds and rocks have been stripped of all valuable growth while nothing has been INVSVHHd NVVYIOONON FOREST, FISH AND GAME COMMISSIONER. 301 done to cultivate or encourage a new growth or set. A State, formerly the very first in shellfish production, by adhering to the free bay theory, now produces but one bushel to every twenty bushels produced twenty years ago. A modified leasing system has been recently adopted there. The only advantage to be observed in such localities, where every one reaps and no one sows or cultivates, is that the lands have not passed from State con- trol and that there still remains the opportunity to amend when such amend- ment may be permitted by public sentiment. New York is not altogether without the free bay sentiment, and as a concession to that interest, lands which are supposed to produce oysters naturally are by law excluded from the leasing system. It is doubtful whether much land of this character remains, as the exhaustive methods of the free bay oysterman soon lead to barrenness. What is left of natural growth land has no doubt been preserved by reason of the operations upon the leased or granted beds of the oyster planter; the spawn and milt from the planted beds are carried by currents and tides over all surrounding areas, free and leased lands lke, so giving in some degree new life to what otherwise would be exhausted grounds. It will thus appear that the free bay element, usually antagonistic to the planter, is to a great extent dependent upon those who cultivate definite areas. The free bay oysterman usually is without capital, following his business in a desultory fashion, working when he feels like it, when the tide serves, or when he has no steady job at other employment. There are two important objects to be considered in planning a system: tr. A large and ever-increasing production. 2. A reasonable return of revenue to the State for privileges enjoyed. Neither of these desirable features are or can be attained under the free bay plan. A growing population demands an increasing food supply, and every effort should be made to produce an abundance. of shellfish. A large production means a nutritious and appetizing item of food supply for the millions. It means employment for thousands of men and incident- ally much business for builders of boats and for transportation lines. In all the seaboard States advance is being made in attaining freedom from the old unwise and wasteful methods in which an utter disregard for a future supply was shown, and when the free bay element can be educated to the 302 FIFTEENTH ANNUAL REPORT OF THE knowledge that a large and productive business will mean greater prosperity to themselves and their families, then a great impediment in forming a per- fected system will be removed. Every shellfish producing State save one is in possession of one or more boats for use in the economical and necessary transaction of its affairs. Upon this subject I beg leave to submit the following abstract from the last annual report of your superintendent: ‘“A SUITABLE BoaT 1S REQUIRED “It may seem singular that in a bureau which deals with marine matters exclusively, whose every item of business is connected with the public waters and the land under those waters, we should be entirely without the means of going upon the waters. In explanation of this situation it may be said that years ago a small naphtha launch was provided for this Depart- ment, and an endeavor was made to use it but it was found to be altogether inadequate for the purpose, besides being a constant source of danger to the lives of those who ventured in her upon the often rough waters of our coast. The boat was therefore sent up the State for use upon the inland lakes and rivers, for which purpose it was better adapted. Since this, as one of the Metropolitan newspapers some time ago rather flippantly put it, ‘ fisheries officials may wade or borrow a boat.’ It is true that during the past year there has been an appropriation from which boat hire might be paid, but this sum was small and was not altogether for use in this bureau. A suitable, seaworthy boat is needed for many purposes; in fact it should be used in connection with every subject with which the bureau deals. For information, the following purposes are specified: ‘A boat is needed in carrying on the triangulations and basic hydro- graphic surveys as well as the necessary measurements for the allotments of oyster lands. “A boat is necessary to determine the character of the bay and sound bottoms upon which may be based an accurate knowledge of the value of the different localities for shellfish culture. This is now more than ever the case since the law, as amended at the Jast legislative session, charged this bureau with the duty of grading these lands in accordance with their value. ROREST, FISH AND GAME COMMISSIONER. 303 “ A boat (or boats) is needed for the prevention of the illegal and im- proper taking of oysters, clams, escallops, etc., and to prevent the placing of nets in prohibited localities. “Such a boat would be warranted if it were only to enable the State to resume the policy of gathering the eggs of lobsters for hatching and distribution, also numbers of other salt water species might be increased by many millions, including the valuable codfish. “No State upon our seaboard has more important marine fisheries than our own, and no such State is without a boat; indeed some of these States possess what they call a ‘shellfish navy.’ The State of Virginia, for instance, by its Board of Fisheries, operates six large boats and three gasoline yawls. The largest of these boats is said by the Board to be worth $40,000; the smallest of the six is worth $1,000. “ Your superintendent recommends that a suitable appropriation be 9 made for the purchase of a proper boat and for its maintenance. Statistics of Oyster Production It has been impossible to get exact figures of production, but the follow- ing are given as, so far as they extend, approximately correct, being based upon formal reports made by individual oyster planters. Some oyster-pro- ducing localities, not being under the immediate jurisdiction of this bureau, are not represented, and oysters used for consumption locally, 7. e., in the neighborhood of the beds where raised, are generally not included in the count. An effort has been made to cover the ground as completely as pos- sible, but it has been necessary to rely almost entirely upon statements voluntarily sent by the planters. For the purpose of arriving at approxi- mation the figures given are of value: sNoratiectenecne uli myabeCin tg aes kein aeperellore eels eueia ish Benes Wim wanelgtneneranestimden leasee i) ye) oh. cst iay- = seas 15,067 .6 PGI CipeRATIOMISC Haier 1 ween a ee ao eae) nie 18, 306.8 Niumaoer Gh Susan Wessels Gramollovieclss 4 bg ace soeeosoes or 35 Porm rewOnesteamaVieSSelSe Heisei krsisnlaice se eee eo 6 wields Tele 6 (6) Waltienon steam vesselsvandrappliances: 4.44. ....5.. <5 5: $223,000 00 Number of power vessels other than steam vessels....... 211 diorameagcenOlpMOWciyesce! Sater feet seme i. 2,059.50 304 FIFTEENTH ANNUAL REPORT OF FOREST, FISH AND GAME COMMISSIONER. Valluievot power vessels aincmaypp lira Ce Sra iene eee eee $384,475 00 Total value ofall vesselssandtappliancesss-..5- oe OOM SO Niimbenior namelsnemiploycclnseet ra) 1 a ee ee Sou ALTA Oda Oey Cl exit es VINO Crane a er eee ie Pemro ea eerie ea Bee $063 ,033 00 Value onshorespropenhyauscduiay ciel DUSiteSSHe linn arena 27 SOS ISUISINEIIS SASCl Oy SUSES jOMOCIWOSE -. Soc ose bua se adeocconsex TAR Gee BUSINES Oe SAC! OnySUSES jOlenMaGls bnew ese ceosoceascanos» 222 5 One Bushelsiseedtoysters) Older = seri SA ok ace ree eee 651,410 Bushelsrmarcketovsters Solds ies 2 ce 5) oe ence neae 5 OmOuey Bushelsiclamsysold wairnse oe aka chen ee ee ree 1327 O28 Principallmmanke tetera ie cuer haces pon: hee ne a Unites States Carried by Public Transportation Lines BUSHELS OYSTERS BUSHELS CLAMS LBS. FISH 58,635.9 BEOSORL 7,894,600 I, 500 9,000 500 21,069 4,500 300,000 75 6, 483 8,000 O2EauZO 1,095 12,540,000 38,020 22,683 1,674,000 TOS YQO3 "2 lh WP 8 ee as what, eal 2 SST, YAP 46,847 227 A ie eO® The quantities carried to market by vessels owned or operated by oyster planters do not enter into the foregoing table. New Yorx«, December 24, 1909. Department of Fish Culture REPORT OF HON. J. D. LAWRENCE, DEPUTY COMMISSIONER IN CHARGE Hon. J. S. Wuippie, Forest, Fish and Game Commissioner: EAR SIR.— An advance far beyond all our expectations has been made during the year 1909 1n our fish cultural work. Every hatch- ery shows a marked increase in its productiveness, and the many people who are interested in this branch of your Department will undoubt- edly be pleased with the notable expansion which is shown. Particularly is this desirable at the present time when the cost of meat has soared so high that a supply of cheap fish food is an absolute necessity for the great majority of our people. A year ago the hatcheries turned out a total of 394,177,789 fish of all kinds to be planted in the waters of the State. This was high-water mark at the time; but it has been far eclipsed by the record of the past year, which shows a total of 531,293,721 fish of all kinds, including 9,235,641 game fish and 522,058,080 food fish. The total cost of the hatchery system for the year past was $82,839.21. This may seem a considerable sum, but dollar for dollar many times this amount has been returned to the State in actual value for the benefit of the people. Figured on the basis of the price pre- vailing in commercial hatcheries, the 531,293,721 fish planted by the Com- mission during the year were worth $753,838.74. This large sum is what it would have cost the people of the State to buy the fish which were raised in our hatcheries at a cost of $82,839.21. All fish sent out by the Commission from the State hatcheries are large and vigorous, amply able to take care of themselves when planted, and easily worth the highest price charged for each species by the commercial hatcheries. For the benefit of those interested in such matters, it may be Sop 306 FIFTEENTH ANNUAL REPORT OF THE said that in making the estimate given we have figured game fish fry at $25 per thousand, fingerlings at $50 per thousand, food fish fry at $0.50 per thousand, and fingerlings at the same rate. This estimate gives us $128,662.- 50 as the value of the game fish fry; for game fish fingerlings, $204,457.05; food fish fry, $260,869.19; and fingerlings, $159,850. It may be said that a lesser price would have prevailed at commercial hatcheries for such a large number of fish, but this contention is readily met by the statement that the estimate is based on conservative figures furnished by the leading commercial hatcheries of this and other States. Many letters have been received during the year which show the appre- ciation of both the food and game fishermen for the work which is being done by this Commission. It is conceded by everybody interested in keeping up the supply of fish in our inland waters that the efforts of the Commission alone prevent the natural decrease which would come from the additional number of fishermen who visit these waters yearly. The hope is expressed on all sides that the Legislature will continue to see the wisdom of your suggestions and will keep up the work by making the necessary appro- priations for the hatchery service. We also are in receipt of many sugges- tions for increasing our output, and these mainly are in the line of adding additional species to those already propagated in the State hatcheries. I have called attention to the desirability of such extensions in former reports, which were largely based on personal investigation and knowledge of the conditions which prevailed. We can callattention with proper pride to the large increase shown in the species of salt water fishes propagated at the Cold Spring Harbor hatchery. Too little attention has been paid in the past to this very important part of the work of our Commission. The carefully collected statistics of the United States Bureau of Fisheries show that our salt water fisheries are a most important branch of our work, and the approval given to the attention which we are now paying to propagating desirable salt water food fish is in itself a sufficient commentary on the desirability of the work that is being done. With the proper attention, the Cold Spring Harbor hatchery could be made one of the most important branches of our work, and its location admirably fits it for this service. If, instead of raising the brook trout to the fry or fingerling stage at this station, we should ship to various other FOREST, PISH AND GAME COMMISSIONER. 307 hatcheries in the State the eyed eggs collected there, we could devote this hatchery in a much larger degree to the propagation of important salt water fish and at the same time save a large amount of money. The cost of shipping trout from the Cold Spring Harbor hatchery to other portions of the State in cans is unusually large on account of the ferry charges, whereas eyed eggs could be shipped to other hatcheries at a comparatively small expense, leaving the Cold Spring Harbor hatchery to devote itself chiefly to replenishing the trout waters of Long Island and our marine fisheries, upon which a very considerable portion of our people depend annually. The total number of applications received by the Commission in 1908 and filled was 2,878. During the past year (1909) the total number of appli- cations filled was 4,057. Of these the Adirondack hatchery filled 1,370, Caledonia 929; Chautauqua 1o4; Cold Spring 395; Delaware 408, Fulton Chain 78, Linlithgo, 26, Oneida 438; Pleasant Valley 309. A number of improvements necessary to the desired increase in our hatchery work are mentioned in the reports of the foremen of the several hatcheries. J deem it particularly important that the Commission should secure the necessary land to control the water supply of the Caledonia hatchery and the Southwell property at the Oneida hatchery. We also, should have more land and a better water supply at the Chautauqua hatchery which, if properly enlarged, will furnish an ample supply of fish for a terri- tory which is now difficult to reach from other hatcheries. Our thanks are due to the various railroads of the State which year after year assist in our work by supplying the necessary transportation for fish and the messenger in charge while en route to our inland waters. It is to be regretted that there are one or two railroads which do not join in this public spirited consideration of our very important work. Very valuable assistance also is rendered by the United States Com- mission of Fisheries. Their assistance is in the main confined to joining with us in stocking the Great Lakes and rivers of the State. Unfortunately, however, there is no way at present apparent by which enthusiastic citizens can be prevented from securing from the government all sorts of fish for our inland waters. Our law prohibits the placing of anything but trout in Adi- rondack waters, except with the specific approval of the State Commission, but it is feared that many of our Adirondack lakes have received from this 308 FIFTEENTH ANNUAL REPORT OF THE source bass and other fish which never should have been placed in trout waters. Some method should immediately be devised by which all appli- cations for fish coming into the State should be vised by this Commission before they are filled. We have as our State Fish Culturist, Dr. Tarleton H. Bean, who is a scientific man of international reputation and whose judgment certainly should control in all questions of the introduction of new species, at least. He also should pass on requests for fish intended for waters which do not now contain them, even though these fish are desired by those who are unsatisfied with their efforts in well-known trout waters. Undoubtedly the United States Commission would favorably consider any presentment in this matter which you might see fit to make, and I am ad- vised both by the State Fish Culturist and by private correspondence that the time has come for the Commission of New York State to take a firm stand in this matter. We most certainly desire to continue to produce from the Federal hatcheries every year such allotments as are necessary to keep up the stock in our inland waters, but we respectfully submit that this allotment should only be made with the advice of this Commission based on the scien- tific knowledge of the State Fish Culturist. December 29, 1909. Report of the State Fish Culturist Dr. TarRteETonN H. BEAN Hon. James S. WHIPPLE, Forest, Fish and Game Commissioner: Sir.— In submitting my report of the fish cultural work I take pleasure in calling your attention, first, to the steady growth in the output of the stations from 1907 to tooo, as) exhibited im) tabulatediitenmyaaett will be observed that in 1909 the Commission distributed nearly 135,757,115 more fish than in 1908, notwithstanding the fact that 1908 showed a large increase over the yield of 1907. Since the date of the last report many important improvements have been made at most of the stations, and the station at Linlithgo has been placed (207 mawuopop snzazPosnypyy ) ‘ FOREST, FISH AND GAME COMMISSIONER. 309 in position to do very effective work. It has a stock of brood fish, black bass and calico bass, and its ponds are now in condition for active service, while the water supply has been reinforced by a pumping plant for taking water from Roeliff-Jansen Kill. This will always obviate the danger of a failure of the supply from Kleine Kill, and will furnish cooler water in the spring, in all probability making it possible to carry brook trout to fingerling size. The ordinary work of that station was supplemented in 1909 by a succesful experiment with the river herring, of which Foreman Winchester planted 9,500,000 of fry, besides having liberated more than 1,000,000 shad in the Hudson river and the Roeliff-Jansen Kill. He also filled applications for 44,800 black bass from adult stock brought chiefly from the Oneida station. At the Linlithgo station there are now about 500 adult calico bass which were collected by Foreman Winchester in Nassau lake, Rensselaer county, where this species was introduced many years ago by the State. A glance at the distribution for 1907, 1908 and 1909 reveals gratifying increases at the Adirondack, Caledonia, Chautauqua, Cold Spring Harbor, Linlithgo and Oneida stations. These gains are principally represented by brook trout, whitefish, pike perch, blue pike, river and lake herring and by several marine species such as the smelt, flatfish and lobster, which contribute so largely to the food supply. Very serious difficulty has been encountered in the collection of lake trout and whitefish eggs. It seems almost impossible now to get lake trout eggs from Canada, as the Commission formerly did. In the first place, it is hard to find an expert who will collect the eggs in numbers sufficient for our purposes; and, again, the lake trout season is so frequently inter- rupted by storms as to make the crop of eggs a very uncertain one. Mr. Marks was sent to Owen Sound where he obtained about 4,000,000 eggs of lake trout, but these arrived at Caledonia in bad shape, and will yield only a small percentage of healthy fish, probably less than forty per cent. The number of eggs taken by Foremen Burke and Otis in the Fulton Chain and other Adirondack lakes is too small to be worth considering, and Foreman Davidson took none at all in Keuka lake, owing to the natural difficulties in fishing that body of water. He has at last discovered a spawning bed of the lake trout in Keuka lake, on which he believes he can obtain the trout, but only in gill nets, owing to the peculiar conformation of the lake bottom. 310 FIFTEENTH ANNUAL REPORT OF THE He thinks he can readily take a million or more eggs in 1910. The work at Stony Island produced little or no results, although it was under the charge of one of our most active and experienced foremen, Frank Redband. Dunkirk has become a somewhat important collecting ground for this Commission for blue pike and lake herring. Mr. R. R. Brown, Mr. Frank Redband and Mr. George F. Scriba have all been engaged recently in taking eggs of one or the other species named, and it will be noted that a number of millions of fry of these important food fishes have been planted in the lake at Dunkirk. Thus far the work has been merely experimental. It has been carried far enough to demonstrate the importance of continuing it on a much larger scale. A new feature in egg collecting originated at the Oneida station in the fall of r909, when Mr. Scriba set his nets for the capture of the ciscoe so famous as a food fish in Oneida lake. Mr. Scriba secured about seven mil- lions of these eggs, and they are now in process of hatching in the hatchery at Constantia. But for a sudden, violent and long continued storm, there was little doubt that Foreman Scriba would have obtained all the eggs of that species that he could conveniently handle. The eggs are very small, about as large as eggs of the common pike perch, pinkish in color, resembling in this respect the eggs of wild brook trout. They are hatched in the Chase jars the same as whitefish eggs, and presumably have about the same period of incubation. As this fish will take the hook, it is destined to form a very notable addition to our annual output. This fish is one of those that is so frequently attacked by lampreys in the summer months when it is often seen floating at the surface of the lake, dead or dying, and bearing the scar on the side which shows the point of attachment of the blood-sucking lamprey. The supply of brook trout eggs bought from commercial hatcheries in 1909 was somewhat smaller than usual, although the requirements of most of the trout stations were greater than before. This was due to the courtesy of the Southside Sportsmen’s Club of Long Island, and especially its president, Mr. George P. Slade, in furnishing our Cold Spring Harbor station with about three millions of choice eggs of brook trout. The Cold Spring Harbor station also obtained nearly a million brook trout eggs from its stock fish. POREST, FISH AND GAME COMMISSIONER. 311 There is no reason why the Cold Spring Harbor station should not be placed in a position to furnish all or nearly all of the brook trout eggs required for the use of the stations of the Cormmission. All that is necessary to bring about this desirable object is to introduce an increased water supply for the lower ponds, which can be done by siphoning it from Jones pond. Negotiations are now in progress with the owners of this property, and when in proper shape an agreement will be submitted for your approval. It is believed that this water can be obtained without expense, and it can be introduced at a very moderate cost, say not exceeding $200. The Oneida hatchery is now very well fitted up for extensive work with whitefish, pike perch, black bass and other valuable fishes. All of the bass ponds but one are now in use and the transformation of the ground covered by ponds is really marvelous. The great increase in the number of young black bass furnished for distribution in 1909, the enormous growth in the output of pike perch and the good beginning with blue pike, are sufficient evidences of the activity at the station. There are still certain practical difficulties in the way of black bass culture, and especially for the artificial rearing of the small mouthed bass, which is the one most esteemed by the angler and by other persons as well. The old idea that bass could not be successfully taken when nearing their spawn- ing condition and transferred to artificial spawning beds has been thoroughly exploded, both at Constantia and at Bemus Point, where the gravid bass are collected from the lakes when almost at the point of spawning, placed in the ponds, and continue their functions just as if nothing extraordinary had happened. The Oneida station could be made very much more effective by the purchase of the Southwell mill property adjoining the State land. I understand that this property has recently been offered for a very small ‘sum. If this were added to the State property, it would place the Oneida station in the very front rank for capacity and efficiency. A new hatchery should be built near the bridge which crosses Scriba creek nearest to its mouth and the old building could then be utilized for the storage of nets and other apparatus used in such abundance at Constantia. The present little building in which the nets are stored is not half large enough for the purpose. The Oneida station has very many claims to consideration. The black bass and pike perch are present in Oneida lake in very great numbers, 312 FIFTEENTH ANNUAL REPORT OF THE and they can easily be obtained for fish cultural purposes. The tullibee and cisco are there also in enormous schools which spawn within a few miles of the station. The yellow perch fingerlings run up in Frederick creel as far as the lower stripping house dam in such dense masses as to furnish some hundreds of thousands for filling applications annually. The Pleasant Valley station is still very seriously handicapped by the outbreak of trout epidemics, due at present chiefly to the tumor disease, which is apparently the same thing as that known to the German pathologists as thyroid carcinoma. Unfortunately this disease is very widespread, not only in the United States, but in countries very remote from one another. It is not confined to one kind of trout, and extends also to some other fish, for example, the whitefish. Mr. Davidson has recently observed it in a large whitefish netted in Keuka lake. A great many brood fish have been attacked by this tumor, and all of them in which the disease has been noted have been destroyed. The contagion seems to arise from the large spring pond, the only one of our properties which is not fully protected against contamination from outside sources. This pond has been drained and thoroughly cleaned. It will now be allowed to lie exposed to the weather all winter, when it is hoped that the germs of the disease, of whatever nature they may be, will be killed out. All ponds supplied by this spring have been drained and will be left dry through the winter. We have no knowledge of the cause of the tumor disease. It originates in countries far apart, and in certain cases it appears as if the contamination must have been carried with the eggs introduced from far away countries. In New Zealand, for example, where certainly no fish ever were shipped, the disease has become well-known in rainbow trout, Loch Leven and American brook trout. It would seem, therefore, that the eggs contained the germs, or else the germ exists in waters of various parts of the world and is ready to attack the trout whenever conditions are favorable. The Pleasant Valley station now has three small artesian wells from which water flows into the hatchery. The springs in the hatchery ground on the side opposite the foreman’s dwelling seem to be uncontaminated so that the hatchery even now has enough good water to run ten or a dozen troughs. Mr. Davidson is hatching about 300,000 brook trout eggs, besides a lot of eggs of brown trout and rainbow trout. The hatchery, however, FOREST, FISH AND GAME COMMISSIONER. 313 can not be run at present at one-half of its capacity, but this interruption through epidemics will be more than made good by increased work at Caledonia, Bemus Point, Upper Saranac and elswhere. The Chautauqua hatchery has been greatly improved by the intro- duction of a water supply from the lake, but it can be still further improved by the purchase of additional ground for ponds in which to rear black bass. The artesian water is excellent although not sufficient in quantity to do very great work with brook trout and related species. A vast amount of useful work could be done at that station if collections were systematically and intelligently made in Lake Erie at Dunkirk and other points adjacent thereto. J am satisfied that lake herring eggs could be obtained in large numbers and certainly there 1s no question that blue pike could be collected in sufficient quantities to provide eggs for more than one hatchery. [I am not satisfied that lake trout eggs cannot be secured from the reefs near Dunkirk. I know that this would involve some difficulty and that storms are likely to interrupt the operations; but persistent effort would undoubt- edly bring better results than we have thus far reached. The Caledonia station, thanks to the numerous improvements made within the last few years, is increasing its efficiency constantly. If Mr. Redband could secure from some source a sufficient number of lake trout eggs, the station would soon reach a high standard of work. The causes which have operated unfavorably to the rearing of brook trout for stock fish at Caledonia seem to have more or less disappeared, and there are now at the station some very fine looking brook trout. One of the most obvious sources of loss at the station is the gill louse introduced from Adirondack waters. I think this is so much reduced in numbers now as to give very little trouble. The cement work in the shape of embankments, walls and dams at this station certainly reflects very great credit upon Foreman Redband and his assistants. It is gratifying to note the rapid increase in the output of brook trout from the Adirondack station, both in 1908 and rg0og. It seems now, with the facilities for pumping spring water into the outdoor races, that brook trout can be carried to fingerling size with much greater certainty than in former years. If these Adirondack stations could now obtain a sufficient number of lake trout eggs for hatchery purposes, they would add very 314 FIFTEENTH ANNUAL REPORT OF THE much to the value of their output. I hope that the continued regular planting of fry and fingerlings in Adirondack lakes will some day show a very great increase in the number of lake trout from which eggs may be secured. Taking all things into consideration the hatcheries of this State are doing excellent work. There is not a single hatchery at the present time in which a condensed system of hatching jars can be installed except the station at Linlithgo, where the head of water is sufficient to maintain such a plan; and yet the yield of fish for planting in State waters is more than 530,000,000, and this can be very greatly increased by paying more attention to the important marine fishes in connection with the Cold Spring Harbor station. I think an auxiliary station should be established somewhere on Long Island for the collection of eggs of cod, tom cod, weakfish, flatfish lobsters, crabs and other well-known food species. At small expense the yield of the Long Island station could easily be doubled, and with very great credit to the Commission. At the present time Foreman Walter, is making night trips from Good Ground, on the south shore of Long Island to the hatchery at Cold Spring Harbor, conveying eggs of the tom cod. Formerly he has been able to take as many eggs as the station could accomo- date at Bay Shore; but the tom cod is more or less migratory and the spawn- ing fish are now a long distance from the hatchery. The reports of the foremen of the nine stations now in service follow herewith, and I shall have some further remarks to make upon the fishes which have come to the notice of this Department during the year, either from our own foreman or from correspondents seeking information. Reports From the Hatcheries ADIRONDACK HATCHERY To the Forest, Fish and Game Commission: The work at this station during the past season has been carried on with very good success. The total number of fish distributed from this hatchery was 7,842,268, of which number 2,312,723 were brook trout, i i § E TROUT -gamayoush Wall K LAI yen) ( Cristivonies mae SOT ae eee ste ey. tL agit a FOREST, FISH AND GAME COMMISSIONER. BLS about one-half of these being kept until they were fingerlings. The rest were planted as fry. We finished shipping fish on August 14, having filled in all 1,369 applications, which is an increase over last season. About 30,000 black spotted trout were raised here this year to be planted in the hatchery preserve waters for stock fish. Considerable difficulty is experienced in trying to raise these fish here as a species of hydra is found in the water that laills the young fry. A larger number of whitefish eggs were taken from nearby waters this year than have been taken in any previous year for sometime. This is due largely to the stocking of these waters in recent years,and shows a very gratifying result. The surplus eggs which could not be handled here were sent to Constantia hatchery. Last year we had considerable trouble carrying fish in galvanized cans. As an experiment this year we tried giving these cans two coats of white shellac on the inside, with the result that the fish carried in them equally as well as in the tin cans which had not been treated with shellac. We find the shellac much superior to paint for this purpose. A new cement pond has been built to replace the old wooden one which had become unfit for use. A new chimney built from the ground up on the hatchery building has replaced the old one and is much safer, not requiring the use of so much pipe in the building. Another year it will be necessary to build new walks and I would advise that they be built of cement as the work can be done by the men employed here and the cost would not be much greater than if built of wood. Respectfully yours, Minoeh ssOm1s: Foreman. UPPER SARANAC, October 9, 1909. CALEDONIA HATCHERY To the Forest, Fish and Game Commission: The work at this hatchery has been very successful the past year. We have filled 925 applications. The output of fingerlings has been larger than in previous years; we distributed 1,876,450 fish. 316 FIFTEENTH ANNUAL REPORT OF THE The fish have been maintained in a healthy condition. No disease has affected them, owing largely to the work done two years ago in dredging the bed of the creek just above the hatchery. This work should be continued in the same manner up to and including the head of the stream. The plank retaining wall at the head of the creek is in bad condition. A concrete retaining wall should be built next summer all around the springs, which should be thoroughly cleaned out in order to improve the flow of water materially at low water time. We were disappointed in getting lake trout eggs from the upper lakes last year, which cut us short in our output of lake trout. The hatching of the lake herring was very successful. We did not collect a great many eggs as the boats were all engaged before our men reached Dunkirk, but we hope to do better this year. Funds were pro- vided to do necessary repairs which are not completed, but we are still at work at them and hope to do much more if the weather is favorable. A new dam was placed in the creek instead of the old one, so as to control the water. A cement feed trough was laid from the main creek to the lake trout house. Some of the ponds were built up with concrete from the water line to the top, adding much to their appearance. This should be continued next year, finishing all in the same manner. The old carp pond at the icehouse has been filled up and graded off, making a great improvement to the lawn. Another pond should be filled and graded next year, as it is of no further use. If the Commission wishes to increase the output of Caledonia hatchery another house should be built for we are now at full capacity. Some repairs at the Guthrie hatchery must be done this year. The troughs have all given out and must be replaced. Respectfully submitted, FRANK REDBAND. CaLtepontA, N. Y., November 10, 1909. FOREST, FISH AND GAME COMMISSIONER. ZF CHAUTAUQUA HATCHERY To the Forest, Fish and Game Commission: The output of fish at this hatchery this year is the largest since the hatchery has been in operation. The fish distribution was as follows: Brook trout fry, 275,000; fingerlings, 76,500; lake herring, 2,240,000; blue pike, 300,000; maskalonge, 5,796,000, of which 1,600,000 were poor fry. The artesian water works well for trout. The growth is very rapid. The eggs hatched in January and fish were distributed in August. The largest had then grown to be about five inches in length. The output of fingerlings could be increased by putting in another rearing pond in the small creek that runs through the hatchery ground. This year efforts were made to hatch herring. Through the courtesy of the Desmond Fish Company and the fishermen of Dunkirk, men were placed on the tugs and eggs collected and sent to this hatchery and Cale- donia for hatching. This experiment proved to be very successful here. The maskalonge work was also highly satisfactory. A pumping station was installed and water taken from the lake for hatching and gave good results. But we had bad luck in carrying the fry. We were about half through distributing when the fish began to die. I was unable to learn the cause but the water had a very bad smell and a specimen sent to the State Department of Health to be analyzed was found to be polluted. The experiment was also tried of collecting blue pike eggs at Dunkirk. The take of eggs was not as large as expected as the run of pike was light. The eggs were sent to Caledonia and Constantia and this station. Those sent here did not turn out very well. In the spring the high water washed out about seven feet of lake front, which was replaced with cobblestones and gravel. The hatchery needs painting, otherwise it is in good condition. Pumps at Chautauqua The pumps for taking water from Chautauqua Lake arrived at Bemus Point February 10, 1909, and Mr. Van Nouhuys was to be there on February 22d to install the pumps. On February 25th, Mr. Brown wrote that the 318 FIFTEENTH ANNUAL REPORT OF THE pumps were connected up ready for installation, but were not connected to the hatchery, and they could not be connected so as to use the water until the fish are distributed, or at least a part of them, as the water must be shut off while making the change. The pumps are rated to pump 6,500 gallons an hour, but the best work Mr. Brown could get from them up to March rst was about 3,000 gallons per hour from one set of pumps. Mr. Brown is in doubt whether two sets of pumps will furnish water enough to run the jars and troughs at the same time. Respectfully, RANDALL R. BRown. Bemus Pornt, N. Y., November 20, 1900. 9°o9 CoL_p SPRING HARBOR HATCHERY To the Forest, Fish and Game Commussion: The output was greatly increased over last season. Through the court- esy of Mr. Slade, president of South Side Sportsmen’s Club, Oakdale, Long Island, we collected, from their ponds, over two million brook trout spawn. These were fine eggs taken from good, clean, healthy trout. The two million green brook trout eggs from Weissport, Pa., gave us over seventy- five per cent good eggs. The water from flowing wells, cold and free from dirt, has proved itself of excellent quality as we had no loss from disease of any kind among our trout this past year. The over supply of oxygen, which all artesian well water contains in this region, was disposed of by running it the length of building before entering the supply trough. We failed in the collection of tom cod eggs. Before the spawning season there were plenty of fish, good catches being made by hand line fishermen; but in December they all disappeared. In the Great South Bay, where we get most of the spawn, not a fish could be caught. Later it was reported they were being washed ashore by the surf on Rockaway Beach. We took up hatching winter flat fish, the spawn collected from fish caught in Gardi- ner’s Bay by the fyke-net fishermen. This is a very important food fish on the New York market. This work was cut short by our engine and pump TROUT lis Mitch.) iS 4 = 2 (4 B relinus MALE ontina Sal; FOREST, FISH AND GAME COMMISSIONER. 319 getting out of order which caused us to shut down. A fine run of smelt gave us about all the spawn we could handle. Large catches of these fish were reported along the Sound, which shows good results from this branch of work. Owing to the old pump being out of order, the lobster hatching was transferred to Fort Pond Bay, near Montauk, Long Island. Through the courtesy of Capt. E. B. Tuthill, a large dealer at Montauk, we were allowed privileges that enabled us to carry on this work and with his aid we secured a good lot of eggs. The hatching was done in the old Seth Green shad boxes used on Hudson river years ago and discarded for modern appliances. Many fishermen bring their catches at this point to Captain Tuthill who ships them to market and they were much interested in the hatching of lobsters when they could see the young fry planted every day. Several lots of good sea bass eggs were collected, but owing to the rough- ness of the water, the eggs being semi-buoyant, we could not keep them in boxes long enough to hatch. Several hundred thousand of these fry were hatched and planted; but with suitable facilities for handling these eggs many more could be hatched. This is a great fishing port and many other kinds of food fishes could be hatched. A small building at this point is much needed to be operated as an auxiliary to this hatchery where men could go and collect eggs and hatch them near the fishing grounds. This could be done at small expense and would add millions to the output. The hatchery grounds have been kept in fine condition. Such repairs were made to ponds as were needed. A new roof was put on the hatchery and the whole building touched up with paint, which has improved its appearance and put it in good condition. Respectfully, CHARLES H. WALTERS, COLDSPRING HarBor, December 31, 1909. Foreman. DELAWARE HATCHERY To the Forest, Fish and Game Commission: The work at this station for the past year has been very satisfactory. Our output consisted wholly of brook trout. There is considerable inquiry 320 FIFTEENTH ANNUAL REPORT OF THE in this section for brown trout and I would advise the hatching of this species at our station to supply these requests. The catch of brown trout around here during the past season has been unusually good, especially from Esopus Creek in Ulster county and from Big Indian down toward Kingston. For the past two or three years the streams around here have been quite liberally stocked with rainbow trout and many were caught this season. This station was represented at the State Fair at Syracuse, by a few large brook trout and also at the fair at Cobleskill. Last spring the Forestry Department planted some 60,000 spruce and pine trees on the State land here and considering the dry season they are all looking well this fall. Several new flower beds were set out during the summer which added very much to the appearance of the place. The dwelling-house and barn have been repainted, also the two bridges. The weather permitting a few other minor improvements will be made before winter sets in. Respectfully yours, H. E. ANNIN, MARGARETVILLE, October 1, 1909. Foreman. FuLton CHaIn HatTcHERY To the Forest, Fish and Game Commission: The work at this hatchery has been very satisfactory. All our fish have been planted as fry, except 28,000 landlocked salmon. They were fed until July when they were planted in Lake George. These fish were kept in the hatchery and at times the temperature of the water was as high as seventy-six degrees and the fish did not show any bad effects. The brook trout at that temperature would not take any food. I would again suggest that the brook which we have been using and have abandoned be purchased from the Old Forge Company, for without it we can not raise brook or lake trout to the fingerling size. An additional pipe should be laid from the State dam to the hatchery, for the flow of water is at times FOREST, FISH AND GAME COMMISSIONER. 321 insufficient. We ought also to have a small motor boat for use in the whitefish work and the planting of the fry. The hatchery and other build- ings need painting another summer. There ought to be some concrete walks around the hatchery and along the street in front. The following is the wayI have figured the number of eggs to the quart in the fish hatched here: Whitefish, 42,000; frost fish, 23,000; lake trout 7,000; brook trout, 12,000. Wn. H. Burke, Foreman. O_p Force, October 1, 1909. LINLITHGO HATCHERY To the Forest, Fish and Game Commission: I am pleased to report this station as well established. The season’s work for egg collection and distribution of fishes, which is given in another report, shows a marked increase. Herring propagation was taken up for the first time with good results. It also was our first season in hatching the black bass. One hundred adult black bass were obtained from Oneida Lake in time for spawning. They adapted themselves to the change very satisfactorily and within a very few days were nesting. The results of their spawning were good. Later, after the spawning season, roo more adult black bass were brought here from Oneida Lake, making a total of 200 now on hand for propagating purposes. The eyed brook trout eggs received did well. The fish were all planted in nearby waters as fry at anearly date. The water warms up very quickly and thus makes necessary an early distribution. Six earth ponds are now complete. The seventh pond is done as far as practicable, and will be completed in time for next season’s use, making double the capacity over this season. A new road from the main highway to the hatchery is nearly completed. Grading and seeding around the reservoir, hatchery and ponds are finished. The hatchery has been painted a second time which, with the other improve- ments, now makes complete its attractive appearance. 322 FIFTEENTH ANNUAL REPORT OF THE A to horse-power engine, with a pump for taking water from the Roe- liff-Jansen Kill, and delivering a five-inch stream of water into the reservoir has been installed. We have had to use it only on two short occasions while the gravity system was under repair. The hatchery and its workings have been a source of much interest to the many visitors during the season. The total number of shad was 1,235,000; of herring hatched 9,500,000. I think the small percentage of herring hatched was due to the length of time the fish remained in the drift nets. Being dragged through the water affects the eggs, although the fish were alive. This being our first season, it is hoped an improved method can be employed, with better results in themiutune: Respectfully yours, GRANT E. WINCHESTER, LINLITHGO, October 9, 1909. Foreman. OnEIDA HATCHERY To the Forest, Fish and Game Commission: The total output of fry from Oneida Hatchery far exceeds that of any previous season. In regard to the pike perch, there never were so many running up Scriba creek to spawn as this year in the recollection of some of the oldest inhabitants, so it shows an increase of these fish in Oneida Lake. During the spawning season we caught nearly 100,000 adult pike perch. We successfully filled the hatchery with eggs and hatched 108,- 300,000 fry, of which over 85,000,000 were planted in Oneida Lake and the others were delivered to 1g1 different places in the State and planted in suitable waters. We also hatched 10,000,000 blue pike fry from eggs collected in Lake Erie. These were all planted in Lake Erie at Dunkirk. The small-mouthed black bass did very nicely this season, as the out- put of fry was 105,000 of which 67,000 were planted in Oneida Lake and the rest delivered to 197 different places in the State; also 1,800 were raised to fingerlings and planted in Oneida Lake. Some are left in the ponds (estimated at about 1,000) which I wish to raise to yearlings. Last fall whitefish eggs were taken from Lake Placid and Canandaigua Lake and we turned out 11,000,000 fry. These were planted in Lake “S aT SHSOPNGIU SHANA IISIALVOS -GVAHTING FOREST, FISH AND GAME COMMISSIONER. 323 Placid, Canandaigua Lake, Seneca Lake and Lake Ontario, in April, rg09. In November, 1908, we planted 338,500 yellow perch fingerlings in twenty different bodies of water in the State. The eye trouble has not been so bad the past season as it was a year ago. We have five of the bass hatching ponds completed now and the remaining one is nearly finished, so I think we will have them all in running order for next spring’s hatching. The muskrats have been more trouble this fall than ever before in the bass ponds, boring in the banks. The lamprey eel is becoming a very serious thing in Oneida Lake. During the months of July and August last the surface of the lake was literally covered with dead fish, most of them cisco and pike perch, about all with lamprey eel marks on them. The following fishes were obtained from Oneida Lake for exhibition at the State fair at Syracuse: 12 pike perch, 9 yellow perch, 5 pickerel, r great northern pike, ro sunfish, 5 small-mouthed black bass, 1o rock bass, 4 bullheads, 2 lake chub, 2 golden shiners, 1 lamprey eel, 8 crawfish, 10 small-mouthed black bass fingerlings; total, 79. Respectfully, GEORGE F. ScriBa, CONSTANTIA, October 1, 1909. Foreman. PLEASANT VALLEY HATCHERY To the Forest, Fish and Game Commission: The year’s work at the Pleasant Valley hatchery has not been all that we hoped for, on account of several drawbacks. First, our stock of eggs was small, compared with previous years. Only a small amount of lake trout eggs were secured, these being taken from Lake Keuka. Then our brook trout fry suffered more than usual from the gill disease and, most of all, our stock fish, especially the brook trout, were affected with the tumor disease which we are advised has broken out also in several government stations. Several remedies were tried and the last shows the best results, namely, putting the fish into a brook where a good current of water is to be had and giving no food. Many theories are advanced as to the cause of this trouble but nothing definite seems to be known. This is a matter for all concerned in the propagation of fish to study. The trouble may come from 324 FIFTEENTH ANNUAL REPORT OF THE eggs shipped to us or from eggs taken in a lake or stream that at some former time had been stocked with diseased fish. I have recently learned that the disease has been found in the perch in some of the lakes in Maine. Another point which should receive close attention 1s the food we are feeding, which in my opinion causes more trouble in our hatcheries than anything we have to contend with. This is a matter of great importance and in my judgment will have much to do with fish culture in the future. For the benefit of those who have not seen the tumor disease I will mention a few points to observe. Look into the fishes’ mouths and if there you find small red boils your fish are doomed. They may live two or three months but before that time the disease will break out on the outside in some and in others will grow entirely on the inside. In either case the results will be the same. At the station some improvements will be carried out during the coming year. Among these will be using water from artesian wells separate from our other supply, so that we can compare results. A full report will be made as the work goes on. Yours very truly, HeEnrY Davipson, Batu, October 1, 1909. Foreman. Fish Distributed by State Hatcheries Landlocked salmon. Enikempenen Brook trout. Blue pike. Brown trout. Yellow perch. Black spotted trout. White perch. Rainbow trout. Black bass. Lake trout. Calico bass. Shad. Rock bass. River herring. Sea bass. Whitefish. Cod. Frostfish. Tom cod. Lake herring. Flatfish. Cisco. Lobster. Smelt. Blue crab. Maskalonge. FOREST, FISH AND GAME COMMISSIONER. 22s Fish Distribution in 1907, 1908 and 1909 1907 1908 1909 PNGUMOMOACIE 20) 2 Pde 5,766,300 7,014,088 TOM SBR WO AeGOMiay oo. he ee ek 9,402,100 HEB OOnBO2 17 OOO WAU Wire Wats ee ek 5, 000 , 000 3, 846, 000 8,669,500 Coleg omnimec Elanbor..:. 5... ITF UOT ,250 BOA,O839,000 “A250, S15) 126 IDSA (eles eile ees tee onc eee 249, 500 as OOO 605,250 ulitomeChainms. 4... 4: BEA O© 2, OR04 230 Qe RESIS o) APE NOW Wa erie Be, ak *566, 100 881,000 10,867,000 meio th eee Wo AT BES, 200 Oy ,OLO,05O 220,710,027 Hale ciccnmeVicllleyi yas eee ees oe I, 449,350 OF LSO 821,100 DEO, O50 ,OCO | ZOA,52O, LOO FAO, AG, 22x Fish Distribution by Species Summary for the year ending December 31, 1909 ROOK ROUL iINVA any Ot cee Aikee cia ROOK TOuty IMP erIINeSs eee 4 3,458,000 ZR eines mse.) IS eOO eau OUijemal CUS) hey naan erawne Sear eee an 62 FORO E ROU se Vis, eee a wie aeaweien pentane ites FID 5 SOO EMCWAR WROULG, Maman | 4 oe cans cee dee aoc Heiss ROM LOUU A AVICATIIIAS ees | ee 4 RO VsneRO me AGKU tb eitia aa tone kee cL 42 IBN otabr O UG ANIN aim operetta veen @ Aalns, Sash athac tee ae 655,000 IPA e MER O Ubersite tases eke en eee ee ewer a 665,000 Walkentnoutwnyeanlinesmiys i etc ee 2 esa. 12 * Shad from Catskill Station. ESV iSeOls eA OOO iL) 22O, OLD 326 FIFTEENTH ANNUAL REPORT OF THE Rainbowtroute try ss ree are epee Naim OwWarnOuly mulileers lines reer ners te ties HR Anita OW peat © (Cog Vie ity He. et eee 4 INGWEMOONNA THROUTT, AIGMOUNES 5 5 ac. ac ule Suaidip os 8 a 30) Bilackispotredstnotiemn zen nese ene 5 IBC SOorSl Owe, CHWS. oo acaesecarccce 8 Vandwlockedtsalimonsstngenlings sais see BIACKBIDAISSH LT yee fox Aiea van cas be, a heen cee Bilackabassr timcerlinecei es us = sere 3,600 Blackebassmaduilits. tts. ><... dicen eke case aneee: Deu A otalyoatme sis iis 2%, a. sys, SHE eatin eugene neat ee cae Saliadorae sil ver prime em lIMeS arse eee eee Bros tins siiaygee.ts. secs es Ses ma i eee ree aie a Wallwe Wer rimerehigy. <9. es gn eres ec arge nea oe Emer) nen ime ore WW ita fis lalate nay tesn 213. tei atberta rane acta ee pe cede ee eee nme SHUM CAE Yipee cece se tac Su chee ise eee eR eae Ren ae cee oe a ee Mais lcal@re ek aiteyane sian b CRY: ern Melee JED hes Sent ceaine nearer ee Ritkeypemcln ality aa. eee meee he econ ce race cnet cee aie eee aie eee Bae toteer ity av Oe Se RL altace etal ee ce en en et Welw perch imoenrlingsie. serene erik eer earch eae eae eee gy Win Ce ee TC Iai tia ertin eerie idea eal aie mallee cab 2 ce ae an ay OL a eae Calicopbass mala toee Pasay io kaye Oy AO Gn va 4a ot uaa as een SEA ASS ui rye chy) tetnoe Ok HOG eaame nie MSMR nr Sra So eet a me Shite ial tery a ea oe tan we ae eae a eng Shadi nicerlincs= eps acre epee nao 6,500 River nerriie, thr vgs sneha eee oe en aes oe ee eee ‘WV ari cide: baal last atria ees ane eg nts ae oe are cran tn wthaeers es aeaeereiaee Inobster, ire eae a eget reapieae Gaae eee ene nal gr ai Ce eee 879,938 2B oS 28,000 Ty See Oy On 235 1041 4,000 1,938,000 10,040,000 17 405 (OOo 220,000,000 5,796,000 111,675,000 14,210, 500 309 ,000 6,050,000 200 792,200 1, OI), [OO 9, 500,000 109 , 300,000 TOO 5p uoe 521,041,580 FOREST, FISH AND GAME COMMISSIONER. 327 Pond Enemies Muskrats, meadow voles, skunks, crawfish and worms continue to cause trouble at such pond stations as Constantia and Linlithgo. Foreman Scriba has had more annoyance from the muskrat, the crawfish and certain boring worms than from anything else. By constant watchfullness and the skillful use of traps the muskrats and other rodents are kept down, but there seems no good way to prevent the depredations of the crawfish and worms, except the use of a cement wall in all embankments. State Fair Preparations were made as usual for a display of live fish at the State Fair at Syracuse in September, 1909. Foreman Frank Redband took charge of the arrangements for placing the fish in the aquarium tanks, and he assigned Mr. Charles Stewart to oversee the specimens while on exhibition. At the close of the fair the fish were delivered to Mr. John Perry for the Onondaga Anglers’ Association. The secretary of that association, Mr. Blackstone, filled out blanks for the fish to be planted in public waters, namely, Onondaga Creek and Peck Brook, a tributary of Onondaga Creek, after the close of the fair. Mr. Redband sent brook trout, brown trout, rainbow trout, black spotted trout and a few albino lake trout for exhibition. Foreman Annin sent brook trout from the Delaware Hatchery. Other specimens were furnished by the Oneida station, representing important food and game fishes of Oneida Lake. Examination of Waters At the request of John K. Ward, Esq., chief counsel of the Commis- sion, an examination was made of Eighteen Mile Creek, in Erie County, for the purpose of determining what steps should be taken by the Com- mission toward the establishment of fishways and the stocking of that stream and its tributaries. Only one small creek flowing into Eighteen Mile Creek was found suitable for the introduction of brook trout, and it was recommended that trout be planted in that stream. The Eighteen 28 328 FIFTEENTH ANNUAL REPORT OF THE Mile Creek has a natural rock obstruction forming a dam about four feet in height, over which no fish can pass at a low stage of water, except per- haps an eel, which is able to go around such obstructions by crawling through the wet grass. The dams now in use and furnishing water power to some extent for mills do not contain fishways, and in my judgment it would be a waste of money to place fishways in those dams under existing circumstances. One of the dams holds back a pond of about one-half mile in length, which provides an auxiliary water supply to be used in case of fire in the town of Hamburg. Such use of water is quite as important as its employment for fish production, expecially since the pond itself would support a large number of good fish. The stretches of water between dams and above the dams could be stocked with black bass, pike perch, yellow perch and other food and game fish, and in this way all parties interested could be benefited more than they would be if the State should insist upon the placing of fishways by the present proprietors. On September 2d, in company with Game Protector William C. Hodge, and Special Protectors Bond and Pease and Mr. Schoepflin, of Hamburg, an examination was made at Eighteen Mile Creek. There is a tannery two miles from the mouth of the creek and at McGee’s Mill, six miles from Lake Erie, there is a natural rock dam with a vertical drop of at least four feet at its lowest point. At this stage of the water the dam is impassible for fish. The only fish observed below the dam were small minnows. We were informed that fishermen catch suckers and occa- sionally black bass below this dam during the spring freshet. Little min- nows, apparently chubs, and young suckers, were seen also above the natural dam. Only a very short section of the creek is suitable for maintaining large fish during the dry months. The bed of the creek for the entire distance examined by us consists chiefly of black slaty shale, over which the water spreads out in a very thin sheet and reaches a very high temperature. All the upper feeders of the creek except Giar’s Brook dry up entirely in hot months. Pierce’s dam, constructed of logs, is about eight feet high. Schoepflin’s dam is a timber and dirt construction 144 feet wide and 14 feet deep at the highest part. It backs the water about one-half mile. The ice work (yy syounuof snuneayns ) LOOUL MOOWMA ATVINAA FOREST, FISH AND GAME COMMISSIONER. 329 in winter at this dam is very serious. It breaks off the ends of planks in the crest of the dam. Many dams have been swept out of Eighteen Mile Creek by ice and freshets. The freshets are caused chiefly by melting ICG. The dam at Schoepflin’s holds a reserve supply of water which is available for use in the town of Hamburg when necessary to fight fire or to supplement the town supply obtained from their Holly system. The investigation extended up the stream to North Boston, four miles from Hamburg. At this point the stream is very small and the water is very shallow. The proper course recommended in this case is to stock the detached portions of the creek with black bass, white perch, yellow perch and per- haps white bass. In this way all the interests involved will be subserved and no injury caused to any one. Trout Distribution The work of distributing trout was continued much longer than usual inigog. The waters were warm and the streams very low, so that it became difficult to meet the demands of applicants; but in spite of all drawbacks, a larger number of applications were filed in rg09 than ever before, and the total distribution of trout was very greatly increased. In this connection I wish to call attention to the fact that applicant’s frequently fail to furnish the necessary information called for in our blank application forms. Very many people consider it a matter of no impor- tance to name the outlet of the stream which they desire to stock, and yet this is one of the essential requirements of our work. The Commission does not wish to stock with trout any stream which flows into a larger stream containing other fish that will destroy trout. Great care should be exercised in furnishing the data requested in the blanks, and the interests of the people will be much better served if they comply with this reasonable request. 330 FIFTEENTH ANNUAL REPORT OF THE Courtesies The Commission is indebted to the United States Bureau of Fisheries for supplies of eggs of lake trout, landlocked salmon and other species, and especially since it has become so difficult to obtain lake trout eggs from our own waters. The bureau has a special arrangement with the State of Michigan by which it is allowed to collect whitefish eggs in the Detroit River, where the fish are kept in crates until they become ripe. The number of eggs taken by this means is usually very large. The landlocked salmon eggs furnished by the Bureau from Greenlake Station, in Maine, were especially good, and resulted in the planting of about 28,000 fingerling salmon in Lake George, the only body of water which this Commission considers sufficiently suited to the purpose of systematic, con- tinued stocking with this species of fish. Mr. E. Tinsley, Superintendent of Game and Fisheries, Toronto, again permitted the representative of this Commission to collect lake trout eggs in the open season in Meldrum Bay and vicinity. Numerous letters from various parts of the State, and from other States, asking for information on fish cultural subjects, were answered by the Fish Culturist. These related chiefly to the literature of fish culture, the names and addresses of fish breeders, the presence of parasites in certain game fish, and other matters pertinent to the work of the Department. The United States Bureau of Fisheries presented to the State 200,000 brook trout fry from its Cape Vincent station in order to make good the damage which occurred at the Pleasant Valley Station through the tumor disease and gill inflammation which caused serious loss at that place. The Commission is indebted to Mr. Chester K. Green, of Cape Vincent, N. Y., for the loan of photographs of Fish Commissioners and early Fish culturists who have been associated with the work of the State. In May, 1909, the Commission co-operated with Mr. Townsend, Director of the New York Aquarium, in collecting calico bass in Kinderhook and Nassau Lakes for the purpose of stocking a lake in Prospect Park, Brooklyn, so as to have a source of supply for future State distribution. Owing to the exceptionally warm weather and certain difficulties in the way of trans- FOREST, FISH AND GAME COMMISSIONER. 331 portation of the very large cans brought from the Aquarium, the experiment was not very successful. Plenty of calico bass were taken, but only about fifty of them survived the journey to New York. This experiment was repeated late in the fall when Foreman Winchester seined 7oo of the bass in Nassau lake. Five hundred of these were sent to Linlithgo Station for brood stock and 200 were delivered to Mr. Townsend for stocking Prospect Park Lake. The fish arrived in New York on Novem- ber 18th. Foreman Henry Davidson, in May, 1gog, received a tank for the preservation of fishes of Keuka lake and other waters in the vicinity of the Pleasant Valley Station, these fish to be shipped to the United States National Museum, Washington, D. C. | ~ In» December, tg09, Foreman Walters was requested to co-operate with Prof. Charles B. Davenport, Director of the station for Experimental Evolution at Cold Spring Harbor, in rearing some hybrids between brown trout and brook trout. If these hybrids are produced they will be used for study during the winter, and Prof. Davenport believes they will arouse scientific interest. The United States Bureau of Fisheries sends a great many trout, bass, landlocked salmon, strawberry bass, pike perch, yellow perch and whitefish into New York waters in response to applications from citizens of the State, forwarded through members of Congress or of the United States Senate. In this way the work of the Commission is supplemented and greatly extended. Cobleskill Fair On September 27th, Foreman Annin of the Delaware Station, sent twenty-five adult brook trout to Cobleskill at the request of Mr. Van Ness, Secretary of the Fair Association. This exhibition opened September 27th and closed October 1, 1909. The Society had only a single aquarium 6 ft. x 2 x 2, and water was obtained from the village supply. State Fair, Syracuse The following allotments of fish for exhibit at the State Fair were determined upon at various stations: 332 FIFTEENTH ANNUAL REPORT OF THE Caledonia furnished rainbow trout, brown trout and albino lake trout. Delaware Station sent brook trout. Adirondack Station, black spotted trout. Fulton Chain Hatchery, wild brook trout. Pleasant Valley furnished big rainbow trout. Oneida Station provided the usual variety of Oneida Lake fishes. Mr. Davidson collected yellow perch, strawberry bass, black bass, pickerel, suckers and bullheads, in Lake Salubria. One of the suckers in Salubria Lake weighed four pounds and another one weighed seven pounds. These suckers would prove very useful as trout food at the Pleasant Valley Station. Spearing Fish On April 25, 1909, Game Protector Farnham sent from Owego a large pike perch which was found dead in the Susquehanna river, at Nichols. Upon examination it seemed evident that the fish had been speared on its spawning bed. Several fish were found dead at that place, apparently killed in the same manner. Water Aeration Mr. Frank McMillan, of Delanson, N. Y., wrote on August 2, 1909, about a patented apparatus which by a few turns of the crank will fill water full of air. This apparatus, he states, can be constructed for attachment to receptacles already in use or can be put into a special receptacle constructed for the purpose. No description of the apparatus has been furnished. Destruction of Algae Mr. F. B. Corey, of Keeseville, informed the Commission that there is a dense growth of alge in Auger Lake annually for a considerable time, and he asked for information concerning the use of copperas as an algicide. He was referred to Bulletins No. 64 and 76 of the Department of Agriculture, Washington, D.C., papers relating to ‘’ A Method of Destroying or Prevent- ing the growth of Algee and Certain Pathogenic Bacteria in Water Supplies”’: also to ‘‘ Copper as an Algicide and Disinfectant in Water Supplies.” (“7 susoqqus siuogoT ) HSIANOS FOREST, FISH AND GAME COMMISSIONER. 333 The use of copper sulphate and other algicides is not to be recom- mended except under expert supervision. Effect of Drought On December 16, 1908, Mr. Fred A. Fisher, of Homer, advised the office that there were many brook trout in Factory Creek in pools of water left after the almost total drying up of the stream. If left in such pools the fish would probably be destroyed by the freezing of the water and per- mission was asked to remove them to living water lower down. A great many trout are lost under such circumstances. Fish Rescued from Erie Canal in 1909 Mr. William D. Ferree, Game Protector, of Keuka, reported the following fish saved alive from the Erie Canal at Montezuma, N. Y.: SUG ei. yearn om eee een. ee TOO los: Cai Oren ee ear Sore ea ce hake 3,500 lbs. Brenllineaclsnareet uc es ees turned eects, sie 200 lbs. Mielllonp perclnnaduilltrres ets as s/t ete ule 500 fish Siamailil samornoacl lollavele lov, cob oe obec ooo ne 2A isisla The bass and perch were planted in Owasco Lake. The bass weighed from one-fourth pound to three pounds each. Ege Transportation It is very important to ship trout eggs just as soon after they have reached the eyed stage as possible. At the Adirondack Station, according to Mr. Otis, every trout which hatches in a few days after shipping will die. The transfer of eggs from spring water to the cold lake water of the Adirondacks often involves serious losses. Eggs Injured in Transportation On December 11th a case of brook trout eggs enroute from A. R. Graham & Son, Berkeley, Mass., to the Linlithgo Station was dropped 334 FIFTEENTH ANNUAL REPORT OF THE at Linlithgo by the express messenger. The amount of injury has not yet been reported, but a great many eggs have been hurt in this way. Transportation Loss Two shipments of brook trout fry, obtained from the U.S. Bureau of Fisheries Station at Cape Vincent, suffered serious loss in transportation to the Pleasant Valley Station. The sac had been absorbed but the fish all bunched up in the bottom of the cans and smothered, causing the loss of about one-half of the shipment. Fish Food Fish preserved in salt furnished a considerable part of the fish food supply at some of our stations. Such fish cannot be fed every day to the stock, but may be used advantageously about three days in the week. Along the sea coast the common killies are used very extensively for this purpose. In the fresh waters the various minnows and suckers could be put up in the same way and they would answer a very useful purpose, furnishing cheap and nutritious food for bass and trout. The Commission has been requested from time to time to furnish certain small fish as food for lake trout, brook trout and other species in stocked waters. One correspondent desired to have “ sawbellies.” This is one of the names applied to the common alewife of our eastern rivers, now acclimated in certain large New York lakes. The Commission has no facilities at present for furnishing alewives and it is very doubtful whether it would be wise to plant this fish in the lakes. If it should thrive it would soon become objectionable because of its wonderful fertility and its frequent death from unknown causes, thereby becoming a nuisance on lake shores. Trout Hatching Period On April 30, 1909, Foreman Redband reported that all the fish were late in hatching this season. The brook trout had been feeding only about six weeks and were not very large. The last of the brown trout had not begun to feed and the lake trout had been feeding about four weeks. FOREST, FISH AND GAME COMMISSIONER. 335 Fertilizing Trout Eges Mr. A. A. Townsend, of Salisbury, N. Y., has a system of fertilizing trout eggs which he says gives very good results. His explanation is as follows: “ Take a flour barrel, make a thin funnel the size of the top of the barrel; have it run down into the barrel fourteen inches, tapering it down to a one- half inch hole at the bottom. Cut a hole in the side of the barrel, so you can get a pint dipper under the end of the funnel. A board can be placed in the barrel for the dipper to rest on. Then take the eggs and milt in the funnel and they will run down into the dipper. When the dipper is three- fourths full, take it out and stir the contents lightly with your finger, then set it on one side and put one more dipper under the end of the funnel, making two dippers in all. When the second dipper is three-fourths full, empty the first one in a pail, take the second one out and put the empty one back, and so on. Paint the funnel and the dippers with asphaltum varnish.” In this way, Mr. Townsend claims, that 20 per cent more of the eggs can be fertilized than by the use of pans in the ordinary way. Hatching Buoyant Eggs At Montauk, in the spring of tg09, Foreman Walters used floating boxes formerly employed in hatching shad for the care of the eggs of sea bass and lobsters. A great many sea bass eggs were obtained, but they could not be kept in the boxes during rough weather. The eggs are semi- ‘bouyant and the fry, according to Mr. Walters, will go through a screen of 32 wires to the inch. Mr. Walters succeded in hatching over 7,000,000 lobsters and 792,200 sea bass in this crude apparatus. With the use of modern appliances and a amall auxiliary station at Montauk the output of fry of important marine species could be enormously increased. Difficulties in Hatching Eggs In January of 1909, Foreman Annin, at the Delaware Station, suffered a great deal of annoyance from heavy rains which raised the brook to a very 336 FIFTEENTH ANNUAL REPORT OF THE high level and threw a great deal of dirt and leaves into the hatchery. On one occasion it required an entire day to clean up the dirt, but the eggs and fish were not injured. Difficulties in Distribution In certain cases applicants for fish fail to meet messengers who have fish to be delivered on their applications and the messenger is obliged to take the fish to the next applicant on his route accepting his receipt for them. Certain persons who occupy summer homes in the Adirondacks or some other resort apply for fish which have to be sent after those persons have returned to their winter homes. No one is on hand to act upon telegrams or to dispose of the fish. It should be kept in mind that such fish as yellow perch are usually distributed late in the fall, and applicants should govern themselves accordingly. Trout Disease A chin tumor which was first observed at the Pleasant Valley Hatchery in brook trout, broke out badly in September, 1909, among the two-year old brown trout and caused a loss of a great many stock fish. The same disease has been reported as affecting salmon in Maine. On October arst, Mr. Davidson stated that he had examined stock fish and found 150 brook trout affected by the tumors and 223 brown trout. On December ist, Mr. Davidson’s men sent in a whitefish from Keuka Lake having a large tumor at the lower edge of the gills. This tumor is probably identical with that observed in the brook trout and brown trout. The whitefish was about twenty-four inches long and weighed about five pounds. Up to July 17, 1909, the tumor disease, which had been observed so frequently in brook trout at the Pleasant Valley Station, was still unnoticed in the brown trout and the rainbow. Unfortunately it attacked both of these species later in the year and especially the brown trout. In order to provide against the spread of the disease in stock ponds at the Pleasant Valley Station, Foreman Davidson proposed the collecting FOREST, FISH AND GAME COMMISSIONER. 337 of the water from each spring separately and using it independently so that in case the disease breaks out it would not spread through the whole water supply. Gill Inflammation On February 26, 1909, Mr. Davidson reported a good deal of trouble from gill inflammation among three-year old rainbow trout, and one day twelve fish were lost from this cause and on another day ten. The fish had been fed on fresh liver all winter and had been treated with mud baths without good results. Salt was afterward used successfully as a remedy. Trout Mortality On February 27, 1909, Mr. H. E. Annin reported that about three- quarters of the brook trout eggs in the Delaware Hatchery were hatched out, and that a good many of them, especially the older ones, were dying. The trouble commenced by the heads and tails of fish drawing around toward each other, the fish whirling around in a circle, and dying after a little while. This is evidently due to a spinal disease and may originate in the egg itself. On June 28, t909, Foreman Otis reported the loss of quite a number of brook trout. He could discover no sign of disease, but the fish would swim up to the top of the water, roll over and die. He thought perhaps the hot sun shining down on the covers of the races affected them. The temperature of the water was about fifty degrees at the time. The small weaker fish are chiefly involved. He used salt freely. These trout were transferred to the out-door races quite early in the spring. Numerous complaints have been made of the loss of trout through the Adirondack fires in 1tg08 to the office of the Commission. Messrs. Bradford Bros., of Bangor wrote as follows: “We are sorry to report that the smoke nearly depleted the brook (East branch of Little Salmon River) last fall. Hundreds of our stock lay on the bottom and on the shores. There are a few of the large brown trout left and a few of each kind left, brook and brown in the small spring brook, where we planted them ee season. It will take some time to get the brook back where it was.” 338 FIFTEENTH ANNUAL REPORT OF THE Fish Disease On April 18, 1909, Dr. H. B. Butler, of Ogdensburg, N. Y., forwarded for examination a piece of the skin of a pike perch which was affected by something resembling the “‘ carp pox ” described by Dr. Hofer in his Hand- book of Fish Diseases, page 61. In the case of the carp the disease is caused by Myxosporidia, Myxobolus Cyprint, which are found in the kidneys and sometimes in the liver and milt of the diseased fish. There is perhaps at this time no more important subject for the con- sideration of State and Federal fish culturists than that of diseases of fish causing widespread and fatal epidemics. There is no other subject which has received so little attention in recent years, until within the last year or two, and we are just beginning to awake to the fact that serious steps must be taken, first to discover the causes of these epidemics, and second to devise some treatment which will at least lessen the mortality. Artesian Water On September 27, tg09, Mr. Davidson had developed a flowing well which filled a four-inch pipe, the well having a depth of only twenty feet. On October 21st, Mr. Davidson had finished the third flowing well. He tried to get water in two other places, but was prevented by quicksand. Artesian Wells Some difficulties have been observed in the use of artesian wells both at Cold Spring Harbor and at the Pleasant Valley Stations. At Cold Spring Harbor there is a tendency in certain wells to fill up with sand, which must be pumped out before the normal flow of water lost by such obstruction can be regained. At Pleasant Valley Station it is found that the area of artesian water is rather limited, and the multiplication of wells reduces the individual flow; there is also some difficulty with quicksands which cause a leakage of water around the pipe and consequently a diminution of the flow through the pipe. FOREST, FISH AND GAME COMMISSIONER. 339 Excess Air in Artesian Water The same difficulty observed at Bemus Point and Cold Spring Harbor in the use of artesian water for the hatcheries was again observed, and it was overcome by holding the supply in a box outside of the hatchery long enough to allow of the escape of the excess air, after which it passed into the hatchery and became suitable for use. Early in February, Mr. Brown noted the effect of this surcharged water on brook trout hatched from Long Island eggs. The fry stood on their heads and some of them lay on their backs. Some would feed, but others would not, and some of them were dying. There was a good deal more air in the water in t909 than there was in 1908. Notes on New York Fishes THE Lake LAMPREY On July 19, 1909, Foreman Scriba wrote that there were a great many dead fish on Oneida Lake, chiefly ciscos but some whitefish, and almost all the fish had been killed by lampreys. On August 2oth there were still a goodly number of dead fish along the lake and along the shore, but not so many as in July. Gar PIKE A petition signed by thirty-three citizens of Whitehall and vicinity was forwarded to the Commissioner, requesting him to appoint some person to oversee the removal of the gar pike, or bill fish from the water of Lake Champlain, in the vicinity of Whitehall. This request was made because of the destruction of small fish by the gar pike, which breeds near White- hall, at the extreme southern end of the lake. According to the petitioners an immense spawning ground is located at Whitehall, and the pike feed entirely on fingerlings of bass, pike and pickerel. CARP The Sportsmen’s Association of Chautauqua County has been much interested in the destruction of the carp in Chautauqua Lake, believing 340 FIFTEENTH ANNUAL REPORT OF THE that its presence there is very injurious to the successful reproduction of other more valuable fish. The association has no hope of exterminating the carp, but believes that a great many of them could be removed every spring at slight expense to the State. IDA Je See On some parts of the Mohawk river the fall fish is called “ whitefish,” although it is not closely related to the latter species. It seems to furnish some sport for the anglers in the vicinity of Amsterdam. SHAD On May 4th, Mr. Hollenbeck was sent to Rhinecliff to see what he could do about getting shad eggs from drift-nets. Foreman Winchester had made arrangements with the fishermen there to let Hollenbeck go in their boat with them when lifting the nets. On May roth, Mr. Winchester reported that the shad pond at Linlithgo was ready for use. The shad at Rhinecliff had not yet begun to spawn, but everything was in readiness for the work. Mr. Winchester arranged with two fishermen to take the eggs on their own account and receive for them $10 per 100,000 eyed eggs; 455,000 eggs were taken at Rhinecliff between the 11th and 16th of May. Operations were begun with Captain Pindars’ seine, at Catskill, May 17th. On May 16th, Mr. Winchester had a few eggs of white perch and yellow perch. On May 20th, Mr. Winchester had a total of 595,000 eggs from Rhine- cliff and 100,c00 from Catskill, which figures do not include eggs taken on the night of May roth. LANDLOCKED SALMON On March 12, 1909, Mr. Burke received 30,000 eggs from Grand Lake Stream, Me. Some of these eggs were frozen, the two top trays in the box being quite frosty and some of the eggs adhered to the cloth. This did not seem to affect the eggs seriously, however, as Mr. Burke furnished 28,000 fingerlings for planting in Lake George from this lot of eggs. (7 -wyps ows ) NOIWTVS FOREST, FISH AND GAME COMMISSIONER. 341 On June 16, 1909, Mr. Burke reported that the fingerlings in the hatchery were feeding well in water at 62 degrees. The average length. of the fish was about 14 inches. Some were 1} inches and some 1? inches. On July ist, the temperature of the water had risen to 72 degrees and as it enters the hatchery with very little fall it was thought best to remove the fish to Lake George at once. The landlocked salmon planted in Kora Lake in the preserves of Hon. Timothy L. Woodruff, Racquette Lake, N. Y., seem to have thrived accord- ing to his superintendent, Mr. E. S. Casselman. On August 8th, Mr. Casselman saw these salmon jumping all over the lake. He caught two with a small fly-hook, one of them 54 inches long, and the other over 64 inches. These fish were planted in the fall of 1908. Brook Trout On December gth, Mr. Milo F. Otis received 772,800 eyed eggs from the Cold Spring Harbor Station in good condition. The first picking was about 3,000. Eyed eggs of this trout were obtained from the following commercial hatcheries: American Fish Culture Co., Carolina, R. I. A. R. Graham & Son, Berkeley, Mass. H. F. Hurlbut, East Freetown, Mass. Plymouth Rock Trout Co., Plymouth, Mass. Charles A. Wolters, Weissport, Pa. The following eggs were secured from brood fish at the stations: Cold Spring Harbor, 945,000. Delaware, 75,000. Pleasant Valley, 41,600. The Adirondack station collected eggs from wild fish in waters adjacent to the hatchery, and eggs were secured by Foreman Burke, of the Old Forge Station, officially styled the ‘‘ Fulton Chain Hatchery.” Mr. Milo F. Otis counts 12,500 eggs to the quart in wild fish, taken in the vicinity of Upper Saranac. 342 FIFTEENTH ANNUAL REPORT OF THE One lot of eggs of this species purchased in Pennsylvania caused a good deal of anxiety at the Fulton Chain Hatchery during the process of development, but they furnished good healthy fry notwithstanding. The cause of this trouble probably lies in the fact that the summer of 1908 was unusually dry and the trout eggs were hatched in brook water instead of spring water, which was the usual supply at the hatchery in Pennsylvania. On March 17, 1909, Foreman Davidson reported that the fry of this species were ready for distribution from the Pleasant Valley Station. On May 7th a shortage of about 170,000 brook trout needed to fill applications at the Pleasant Valley Station was announced by Mr. David- son. This was due chiefly to losses of fry through gill inflammation. Some yearlings in one of the old stone ponds at Caledonia, in 1909, had made remarkable growth; a few of them were nearly nine inches long. All of the brook trout appeared to be free of the gill louse which formerly caused so much trouble. Mr. C. L. Capron, of Malone, N. Y., in August, 1906, received six finger- ling brook trout which he placed in a small artificial pond in his show- window at Malone; the pond is six inches deep with an area of 24 x 4 feet and is fed by pure mountain spring water. Within a year five of the trout were lost by jumping out of the pond; after this a screen was placed over it and the remaining trout lived until February of 1tg09, when it died. At death it weighed one pound, five ounces. About two weeks before it died Mr. Capron noted a large number of eggs on the bottom of the pond and a week later there was another deposit of eggs; that same afternoon the trout died. The fish was three inches long when received and thirteen inches at death. Mr. Spencer Aldrich, on August 16th, forwarded some objects taken from the stomach of a brook trout weighing about one-fourth pound, and requested that they be identified. The objects seemed to be the partly petrified crystalline lenses of some fish which was evidently eaten by the trout. In receiving eyed eggs of brook trout from various sources, Mr. R. R. Brown, of Bemus Point, where the water supply is from an artesian well, finds that eggs packed in moss or sawdust arrive in the best shape, while eggs packed in ice are very cold and have to be placed in the trough very FOREST, FISH AND GAME COMMISSIONER. 343 carefully in order to avoid loss. On August 5th, Mr. Brown measured a brook trout of the year 1909, and found it to be 44 inches long. Foreman Burke has had about the same results from all the various eggs received from commercial hatcheries; one of the essentials to success is to ship the eggs before they are too far advanced. He prefers to have the eggs kept very cold but that is because the supply at Fulton Chain hatchery is lake water, which drops to a very low temperature in winter. The chin tumor of the brook trout was unknown at the Pleasant Valley Station until 1908, when it broke out with considerable violence and spread rapidly from one pond to another. The source of contagion seemed to be located in the Big Spring Pond. In t1gog, this contagion was more observed in brown trout and caused the removal and destruction of all the affected trout and the liberation of the healthy fish. It is noteworthy that this disease has appeared in many remote localities and in some cases has disappeared without apparent reason. The transfer of fish from plank or cement ponds to earth or gravel bottoms has, in some cases, brought relief. Occasional victims of this disease have been noticed in various hatching establishments, in which no evidence of tumor is now present. LAKE TROUT The work of collecting eggs of lake trout in Canada was assigned to W. D. Marks, of Old Forge. A permit was obtained through the courtesy of Mr. E. Tinsley, Superintendent, Game and Fisheries of Ontario, for taking trout in the open season. Mr. Marks operated in Owen Sound and the work continued until the end of October, 1909. The cost of the expedition was a little less than $400. The number of cases of eggs was twenty-nine, reported to contain 630 quarts. These cases were sent to Caledonia and were there reported in very bad condition, as the temperature in the boxes was 67 degrees on account of the absence of ice. The mortality in the eggs was very large, so that probably not more than 30 per cent will develop healthy fry. An attempt was made to secure eggs at Stony Island in Lake Ontario. Permits were issued for several fishermen to take lake trout for the pur- pose of supplying eggs for the use of the State. Owing to bad weather the season proved a failure. 29 344 FIFTEENTH ANNUAL REPORT OF THE The number of eggs obtained in the Adirondack lakes was very small— much smaller than usual, and in Keuka Lake Mr. Davidson was unable to obtain any eggs since he did not discover the spawning ground of the lake trout until the spawning season was ended. The following notes on lake trout are from an article by Capt. R. Smith in Report of Illinois Fish Commission, 1g06—1908, page 25: “ There are two distinct kinds of lake trout, the Mackinaw or Reef and the Deep Water trout. The Mackinaw is a shoal water fish, and has its feeding grounds in from six to thirty fathoms of water. Twenty-five years ago they were very numerous in the north half of Lake Michigan where their main breeding grounds are, but have been decreasing gradually from year to year. They grow to a large size, have large heads and spawn in honeycomb rock in from six to twenty-five fathoms of water, feed on all other fish and have a decided preference for whitefish. The Deep Water trout is mostly found in the south half of Lake Michigan, in from twenty- five to sixty fathoms of water. It is smaller than the Mackinaw trout, its average weight being about three pounds. Years ago when it was feeding solely on whitefish individuals weighing forty and even sixty pounds each were not uncommon. Both the Mackinaw and Deep Water trout spawn from about the 2oth of October until early December, but the Deep Water trout instead of depositing its eggs on honeycomb rocks like the Mackinaw goes far out in the lake in from forty-five to sixty fathoms of water and deposits its eggs on clay bottom. Rough weather and storms never drive these fish from their spawning ground. The females have about 8,000 eggs each.” In the Fulton Chain of lakes, Mr. William H. Burke set two pound nets in the month of October. On October 29th he had taken a few lake trout eggs. On November 5th Mr. Burke had obtained about five quarts | of eggs from fish caught in the pound nets set for whitefish. Early in December, 1909, Mr. Davidson located a trout spawning bed about six miles from Penn Yan where there were plenty of fish on Novem- ber 30th, but most of them spent. Of the twenty-nine fish caught eleven were spent females. The men took up two gill nets on that bed which had been set by illegal fishermen. These nets had seventeen trout in them. FOREST, FISH AND GAME COMMISSIONER. 345 One net was about twelve feet deep. The only way to capture these fish is by means of gill nets. On December 2, 1909, about six quarts of eggs had been taken from fish in Keuka Lake. The fish were caught in gill nets. Mr. W. D. Marks, writing from Southampton, Ont., October 13, 1909, stated, that he then had five fishing tugs and four sailboats fishing for trout; he had placed men on each of these vessels to take eggs. Only one of the men was experienced in egg-taking. A storm lasting three days interfered greatly with the work. The number of eggs to the quart, according to Mr. Milo F. Otis, varies from 6,400 to 7,200, depending upon the size of the fish, the larger fish yielding the larger eggs. On October 25, 1909, Foreman Redband started for Henderson Harbor to begin taking eggs there. He was at Stony Island early in November and stated that the fish were just beginning to spawn and if the weather was fine he expected to take a good many eggs. Foreman Otis, writing about lake trout fishing in Lakes Placid and Big Clear, states that one difficulty with lake trout is that they cannot be held in the nets until ripe. The trout will harden after a few days and will not yield any eggs. Some lake trout were taken out of nets when not quite ready to spawn and were placed in the rearing pond at the hatchery. Eggs were obtained from some of these fish, but a number of the larger ones hardened and furnished no eggs. In April, t909, there were six very beautiful albino lake trout, then three years old, at the Pleasant Valley Station. They were reared from eggs collected in Lake Michigan. Foreman Redband has about 200 albinos of this species in one of the races at Caledonia. They are now one and one-half years old. Some of them were exhibited at the State Fair at Syracuse. Mr. Charles F. Tuttle, of Loon Lake, N. Y., on July 74, 1909, advised the Commission that the lake trout planted in Loon Lake have produced no fishing. According to his letter, no one ever catches a lake trout in that lake. There is a very strong desire to introduce black bass in Loon Lake, but under the present law this cannot be done except under the 346 FIFTEENTH ANNUAL REPORT OF THE direction of the Commissioner, who is unwilling to place bass in the Adiron- dack region with the risk of its spread into trout waters. Brown Trout Early in November, 1909, the water was so low in the creek at the Caledonia Station that it was very difficult to move the brown trout into the ponds for stripping purposes. The water was also unusually warm so that it was necessary to wait for a raise of water or for colder weather. On September 3, 1909, the brown trout at Caledonia were beginning to make excavations in the pond bottom, as they always do about a month or so before the spawning season begins. Mr. G. H. Vail, of Malone, on August 10, 1909, reported that this trout was planted in Lake Titus, near Malone, about ten years ago. Recently two of these fish were found dead, one weighing eight pounds and another weighing eleven. Three or four years ago two other specimens were found at the top of the water almost dead and were captured. Each of them weighed a little over nine pounds, and both were apparently in good con- dition. It has been found very difficult to capture this trout by angling. Occa- sionally one is taken with a fly at night only. RAINBOW TROUT On March 17, 1909, the rainbow trout at the Pleasant Valley Station which had been attacked with inflammation of the gills were improving after treatment with salt. On September 8, 1g09, the stock of fingerling rainbows at the Cale- donia Station had been reduced to about 13,000. The trout spawned later than usual in 1909 and the distribution, as the result, extended later. Mr. John N. Ross, secretary, Owasco Lake Anglers’ Association, Auburn, N.Y., under date of July 19, 1909, stated that some little rainbows © received a few days earlier were accustoming themselves to their new surroundings and were feeding busily on insects at the surface of the water. He believes that the smaller fish are more hardy than the larger ones, which often die in great numbers if shipped in the warm months. Mr. Charles L. Paige, of Shasta, Cal., had brook trout and rainbow trout in open outdoor pools and ponds. He finds that when the tempera- FOREST, FISH AND GAME COMMISSIONER. 347 ture of the water goes below 48 degrees Fahr. the rainbows hide at the bottom of the pool and refuse food. In fact, they remain invisible as long as the water remains below 48 Fahr. The brook fingerlings apparently stand colder water but most of them disappear at the bottom of the pool when the water is at 48 degrees, only the larger and stronger of them show- ing themselves. As near as he can learn, the fish bury themselves in the silt and sand or in the crevices in the stone walls of the pool. As soon as the temperature of the water rises to 50 or above, the little fellows are out, lively and hungry. | Rainbow trout planted in a brook tributary to Owasco Lake have thrived, according to Mr. John N. Ross, of Auburn. Mr. Ross was fishing at the mouth of this brook shortly after the season opened and caught one trout weighing 24} pounds, one 2 pounds and two 14 pounds each. He learned that probably one hundred were taken from the same brook. In July the trout had left the mouth of the brook, probably seeking the deep water of the lake. BLACK SPOTTED TRouT On August 21, 1909, Mr. Otis received 48,531 eggs of this trout from the U. S. Bureau of Fisheries, Yellowstone Park. On account of rough handling, and the warm weather, 4,000 dead eggs were picked off at the first picking. As a result of the hatching 32,265 fingerlings were planted in Little Green Pond on December tr. STEEL-HEAD TROUT On April 26th, a box of fish taken in Keuka Lake was received from Foreman Davidson, of the Pleasant Valley Station. Among these was a steel-head, weighing about two pounds. The box also contained a chain pickerel, a strawberry bass and a yellow perch. WHITEFISH In May, 1909, Mr. William D. Ferree reported that quite a number of whitefish have been brought ashore by the fishermen netting in Keuka Lake. On December 7, 1909, while I was in the Oneida Hatchery, 25 quarts of eggs arrived in a packing case from Canandaigua Lake. They were in 348 FIFTEENTH ANNUAL REPORT OF THE excellent condition, and were transferred, first to a tub, and then to Chase jars — three-quarts to a jar. These eggs averaged about 42,000 to the quart. Up to that date 71 quarts had been received from Canandaigua Lake. At this time there was no considerable run of whitefish in the lake though all the nets were taking a few fish. The weather was too warm for whitefish spawning. The first whitefish eggs were taken in Canandaigua Lake, November 27th, and further collections were made November zoth, December 4th and 7th. In the report of the Illinois Fish Commission, 1906-1908, page 25, Capt. R. Smith is quoted as follows with regard to the spawning habits of whitefish in Lake Michigan: “ The average size female whitefish has about 28,000 eggs. A fish weighing 13 pounds has 130,000 eggs. Females weighing 35 pounds have about 36,000 eggs each. He mentions a fish culturist who inclosed a spawn- ing reef with netting and placed therein 12 whitefish of each sex, allowing them to spawn in the natural way. Only 135 young fish were observed from this experiment. “The whitefish spawn in the most stormy period of the season on Boulder Rock, commonly called Round Heads, and in very shoal water in from two to ten fathoms. They gather around the edges of these reefs on sandy bottom from about the roth of October, and from about the 15th to the 25th of November they will rush on the rocks all at once. Ifthe weather is fair they will deposit their eggs which takes from three to four weeks, but if a sudden and heavy storm sets in, which happens very often, these fish will leave at once, and will not return until another year.” On October 29, 1909, Mr. William H. Burke had taken about 400 whitefish in his pound nets, but they were not yet ready to spawn. The average weight of the fish was about three pounds. On November 5th Mr. Burke wrote that the whitefish had just commenced spawning. On Novem- ber 8th Mr. Burke had taken 5,000,000 eggs, and nearly all of them at the foot of Fourth Lake, where he had two pound nets set. He had no success with the trap nets although they caught a good many fish which failed to furnish eggs except in small numbers. At the close of the season, November FOREST, FISH AND GAME COMMISSIONER. 349 t7th, Mr. Burke had taken 185 quarts of eggs averaging 42,000 to the quart. This supply was sufficient to fill his requirements and he had 24 quarts for shipment to Caledonia. He had also taken enough frostfish eggs to fill the jars at his station. The whitefish eggs were delivered to Mr. Redband on November 25th. On December 6th Mr. Henry Davidson forwarded to the office a white- fish caught in Keuka Lake. Upon examination this proved to be the com- mon whitefish, Coregonus clupetfornus. Fishing in Keuka Lake was a failure as Mr. Davidson was unable to find the spawning grounds of the whitefish. He fished the grounds in all places where fish were speared in large numbers years ago, but found no fish. The old fishermen think they have left that part of the lake. Lake trout also have gone and have moved farther up the lake. This is probably due to extensive gill net fishing every fall on the spawning beds. In Keuka Lake a large water plant which grows thickly is said by old fishermen to furnish spawning grounds for whitefish. This is very different from Mr. Davidson’s experience with whitefish in Adirondack lakes where the whitefish seek the cleanest bottom they can find for spawning purposes. The trap nets did not catch whitefish but took large numbers of pickerel. This would show that the whitefish were absent. The fishing season at Three Mile Bay was a very poor one on account of stormy weather. Few whitefish eggs were collected and the attempt to take lake trout eggs failed entirely as a big blow came on and the fisher- men lost most of their nets and gave up the attempt. Up to November oth, the prospects for taking whitefish eggs in Lake Placid was very poor; thieves took two gill nets which were used to secure male fish from Mirror Lake at Placid; they also stole quite a number of fish from the pound net. In Big and Little Clear the fish were practically through spawning November gth. Mr. Otis had more nets in the lakes in 1909 than ever before. They were set in the same places as in previous years, but the season was an unusually poor one almost to the very close when a sudden spurt of fish brought the total of eggs above 5,000,000. Mr. Otis counts 42,000 of these eggs to the quart. On December 1, 1909, Mr. Scriba reported that his men were getting a few eggs in Canandaigua Lake, but that most of the fish were unripe. They 350 FIFTEENTH ANNUAL REPORT OF THE kept the whitefish in the nets only about twenty-four hours and if they did not get into spawning condition by that time they were liberated. Having fourteen trap nets and two pound nets fishing, it was easy to catch the fish again after liberation. On December roth Mr. Scriba went to Hemlock Lake to fish for white- fish, but he was too late to find spawning fish. On December 12th the ice was giving the men in Canandaigua Lake a great deal of trouble and wind prevented them from visiting all the nets. The nets were taking a lot of male fish, but very few females. Whitefish eggs were shipped from Canandaigua Lake on November 29th, December 1st, 6th, roth, 11th and 18th, a total of 3,528,000; from Saranac Inn eggs were forwarded November 12th, 14th and 17th, 1908, a total of 10,395,000. These are the eggs that were described after my visit early in January. Igo9. Eggs shipped from the Adirondack hatchery to the Oneida Station showed the results of transportation injuries early in January, 1909. Per- haps they were shipped before they had been sufficiently hardened. Fore- man Scriba likes to have the eggs nicely hardened or else shipped in the milt; he finds that it takes forty-eight hours to harden up the eggs sufficiently for transportation. The difficulty in crating whitefish in Canandaigua Lake seems to be that the fish plug, and hundreds of them yield nothing at all. According to Mr. Scriba it made no difference whether the crates were on the bottom or raised from the bottom, the fish plugged just the same in either case. This trouble seemed to be caused by storms. Whitefish cannot be held longer than two days even in nets. The best way is to use plenty of nets, let the fish go if not ripe, and catch them over again. In the crate the white fish were not only plugged but they were swollen, and the eggs when pressed out came in bunches and could not be used. In Canandaigua Lake trap nets answer for whitefish better than pound nets, but in waters adjacent to the Adirondack hatchery and in Keuka Lake trap nets are unsuccessful while pound nets answer better. In Canandaigua Lake Mr. Scriba’s men found just as many fish at the head of the Lake and along the east shore as there are at the south end. The fish were all around the shore. For the Canandaigua Lake fishing Mr. (27 wyjaons uozhuigy ) UVHAMSAS PAWS FOREST, FISH AND GAME COMMISSIONER. 351 Scriba would use 1o-foot trap nets with leaders 4o rods long, also 8-foot trap nets with leaders of the same length. He would also use one good pound net. On March 12th the whitefish in the Adirondack hatchery were just beginning to show signs of hatching. On April 15th the fish were coming out nicely, and Mr. Otis planned to place a million and a half in Lake Placid, 500,000 in Mirror Lake and 760,000 each in Big Clear, Little Clear and Hoel Pond, besides filling applications for 1,075,000 sent from the office. In 1909 it was determined by Foreman Scriba that the whitefish in Canandaigua Lake cannot be successfully kept in crates, and the plan was definitely abandoned. He proposed to use so many nets, both traps and pounds, as to make the capture of the fish practically certain. In fishing the various lakes containing whitefish and lake trout it is always desirable to have protectors on the grounds to prevent the theft of fish and the destruction of nets by poachers. LAKE HERRING The work at Dunkirk, in the fall of 1909, was placed in charge of Fore- man Redband. The season was a poor one yielding only forty-nine quarts of eggs. Storms interrupted the work almost continually, a gale of wind blowing every day fora week. The fishermen could not go out for a period of ten days. Cisco Eggs were obtained from the common cisco of Oneida Lake by Foreman Scriba in November. The first were taken November 14th and additional collections November t5th, rgth and 24th. A storm broke up the work at the height of the season and lasted five days, after which no more cisco were seen. The number taken was 6,695,000, being 514 quarts, measuring 130, ooo eggs to the quart. Thirteen eggs measure a lineal inch. The eggs were pale pink in color resembling those of wild brook trout in this respect. TULLIBEE Foreman Scriba was told by some of the protectors, who have taken up nets in Oneida Lake containing tullibee, that if any of the fish were scaled 352 FIFTEENTH ANNUAL REPORT OF THE in the least they would die. Also if eggs are taken from the tullibee it is useless to return it to the water because the fish will not live. SMELT The period of incubation of the eggs at Cold Spring Harbor in the early spring of 1909 was from twenty-five to twenty-seven days. The season was wonderfully successful, the output of fry having been 226,- 000,000. MASKALONGE On April 30, r909, Mr. R. R. Brown, in charge of the hatchery at Bemus Point, reported that just when the eggs were becoming plentiful a snow falleor eight to ten inches, turning into rain, suddenly raised the water in the lake so high that it went over the top of the nets and interfered greatly with the catch of spawning fish. On May 28th Mr. Brown lost a large number of maskalonge fry which he thinks had been kept in the jars too long after the eggs were hatched. The eggs of this fish, with the exception of three or four jars, in the Chautauqua hatchery, all hatched out in three or four days. It was found impossible to carry the fry in the boxes. It is probable that they were kept too long before the transfer to the boxes. On May 30th the fry began to die in the morning. Mr. Brown stated that they showed no preliminary symptoms but died suddenly. He noticed a bad smell to the water from Chautauqua Lake, but is not certain whether this caused the death of the fry. On May 17th Mr. Brown observed that the brook trout in the cement ponds at the hatchery were dying from no apparent cause except that some oil got into the water from the engine. The mortality among the trout ceased as soon as the use of the lake water was abandoned. Trout PERCH On March 19, 1909, Mr. C. L. Klages sent from Walloomsac, N. Y.., two specimens of this little fish. He wrote that there are a good many of them in the Walloomsac River. By some persons the fish was mistaken ii aa a a a ee FOREST, FISH AND GAME COMMISSIONER. 353 for young trout and it is not to be wondered at because the trout perch has a little adipose fin and its markings are not unlike those of some kinds of trout. YELLOW PERCH Early in April, 1909, Foreman Davidson caught six yellow perch, each about twelve inches long, in Lake Salubria. On October 16th the perch of fingerling size had began ascending Frederick Creek in considerable numbers. Wuite Bass On May 10, 1909, Mr. William D. Ferree, Game Protector, Keuka, N. Y. sent a small example preserved in formalin. It was taken in the canal at Montezuma. Large numbers of this size can be caught in the winter when netting for black bass to be placed in Owasco Lake. White bass weighing three pounds are often obtained in Keuka Lake. Mr. Ferree states that the white bass is a fine food fish and is worthy of propagation by this Commission. WuHitEeE PERCH The Commission obtained from the U. S. Bureau of Fisheries about 12,000,000 of eggs of this fish in the spring of 1909. The eggs were col- lected at Harvre de Grace, Md. The object of the Commission is to intro- duce the white perch into large ponds on Long Island and other ponds and lakes suitable for the purpose. The white perch cannot be transported beyond the sac stage because of its cannibalistic tendencies which the U.S. Bureau of Fisheries find to be the strongest of almost any species handled. Some of the fry resulting from these eggs were sent to Ruddicks Pond, in Sullivan county; but most of the output was placed in Long Island waters. The Commission is indebted to the U. S. Bureau of Fisheries for a practical article on the propagation of the white perch based upon experience at its station. The paper is by Mr. John W. Titcomb, at that time chief of the Division of Fish Culture. The number of eggs received from the U. S. Bureau of Fisheries was 12,300,000, from which about 6,000,000 of fry were obtained. The fry 354 FIFTEENTH ANNUAL REPORT OF THE were planted in public waters in the vicinity of Cold Spring Harbor and Riverhead. The eggs hatched in from six to ten days in water at 48 degrees Fahr. On April 22d Foreman Walters had one assistant at Havre de Grace, Md., to receive eggs of this fish from the U. S. Bureau of Fisheries. The white perch spawns at Havre de Grace in large numbers, but it is not always easy to collect good eggs. PIKE PERCH On April 26th Foreman Scriba wrote that he had finished taking pike perch eggs at Constantia. He had 754 quarts at the hatchery and had sent ninety quarts to the Caledonia hatchery. The total number of eggs taken was 111,020,000. He caught at one haul of the bag net in Scriba Creek over 10,000 fish. They were the largest run of fish he had ever seen. Pike perch were planted in Chautauqua Lake annually beginning in 1903. The first application was for 500,000 fry and was delivered from Caledonia May 12, 1903. There were two applications in 1904 calling for 750,000 fry. In 1905, 500,000 fry were planted on the applications of W. H. Knapp and W. Van Wert. In 1906, 1,000,000 were introduced on applications from the same two persons and in 1907 these applicants received 200,000 more. In 1908 there were three applications aggregating 2,500,000. The total plant of pike perch up to 1908 was 5,450,000. In 1907 Mr. R. R. Brown took one pike perch in a pound net. Two were taken in a similar net in 1908, the larger one weighing between four and five pounds. BLuE PIKE R. R. Brown obtained twenty-four quarts of eggs of the lot taken at Dunkirk in May; they were supplied with lake water for a short time but with artesian water most of the time. In the artesian water they did not thrive so well as in the lake water. On May ts, 1909, Mr. R. R. Brown had four men taking eggs at Dun- kirk. The fishermen were not using very much small mesh netting; he carried twenty-four quarts of eggs back to the hatchery with him. The eggs could not be hatched in the well water because the excess of air carried them out of the jars. FOREST, FISH AND GAME COMMISSIONER. 355 On May 25th Mr. R. R. Brown, of Bemus Point, stated that the blue pike were dying in the hatchery from some unknown cause. It became necessary to plant them early in Lake Erie at Dunkirk. CaLico Bass During the week ending November 6, 1909, Foreman Winchester collected 730 calico bass which were taken to the Linlithgo Station. Of these, 200 were shipped to the director of the New York Aquarium to be planted in one of the lakes in Prospect Park, Brooklyn. In this way a large number of stock fish has been placed from which supplies of young are expected for future distribution. BLack Bass On May 6th Foreman Scriba began catching black bass in Oneida Lake. On July 23 Foreman Scriba had several thousand small mouthed bass, running from 1} inches to 2 inches in length, in the ponds at Constantia. The fish were doing very well, scarcely any of them dying, although the water at the time was very warm. Two nests of black bass were taken from one of the ponds of the Oneida Hatchery on July 2d and furnished 15,000 fry. This date is about twenty days after the date fixed in the law for the opening of the fishing season for bass. Mr. G. Dexter, of Utica, wrote to the office to the effect that two bass taken at Lewis Point on the 28th of July were full of spawn. On August 16, 1909, Mr. Arthur C. Ferguson, Game Protector, writing about West Sand Lake and vicinity, said that in 1907 and 1908 the large mouthed and small mouthed black bass bred in unusually large numbers. Apparently the number of fish has become too great for the natural food supply. The brood stock of bass, at the Linlithgo Station, was fed principally upon minnows and suckers taken in the Hudson river and Roeliff-Jansen Kill. An effort was made to obtain salt killifish from the Long Island Station to supplement these sources of food. Biack Bass PARASITES In the summer of 1909, Judge Joseph I. Green, of Long Lake, sent to the office for examination a piece of “ grubby ”’ bass, caught in the vicinity 356 FIFTEENTH ANNUAL REPORT OF THE of Long Lake. The parasites, only a few of which were found on the fin of the fish, were represented by little black specks caused by an encysted worm. In appearance this corresponds very closely with the diplostomus disease described by Dr. Hofer on page 138 of his Hand-book of Fish Dis- eases, published in 1904. The encysted worm occupies the skin of certain fishes during a portion of its development stages. If the affected fish should be eaten by a water-bird the cyst would be transformed into a full- fledged flat-worm. Dr. R. S. Ware, of Hague, N. Y., advised the Commission in August, tgo09, that the black bass caught that season in Lake George near Hague were very frequently infested with a worm of the Taenia type. This is not an uncommon occurrence and it is difficult to advise what to do to prevent this state of affairs, as the final host of the tape worm, affecting the black bass, 1s probably some species of water-bird which cannot be kept off the lake. Bass In TRoutT WATERS Many requests have been received from people in different parts of the State for black bass to deposit in waters which the Commission has stocked with trout. This is especially the case in the Adirondacks. A numerously signed petition was received in August, 1909, from people owning property around Star Lake, St. Lawrence county, to introduce the small mouthed black bass in that body of water, notwithstanding the fact that trout had been sent there for many years. As the law forbids the planting of black bass in trout waters, the petitioners changed their request and rainbow trout will be planted instead of bass. The question of the introduction of black bass into certain lakes in the Adirondack region has been brought to the attention of the Commis- sioner from time to time. Upper Saranac Lake, in Franklin county, is one of the lakes for which requests have been received to furnish black bass. After having considered the matter most carefully and after con- sultation with the foreman of the Adirondack Hatchery, Mr. Otis, and his predecessor, Mr. Winchester, both of whom reported that no other trout except lake trout are caught in the Upper Saranac, but that the lake FOREST, FISH AND GAME COMMISSIONER. BIS y/, contained large numbers of perch and pickerel and some bass, he gave his consent to the introduction of bass in accordance with section 114 of the Forest, Fish and Game Law of 19009. There is a good deal of dissatisfaction with the angling conditions in certain lakes of the Adirondacks. Judge Devendorf, for instance, wrote about the state of affairs at Fourth Lake of the Fulton Chain as follows: “We have absolutely no fishing in these lakes during the vacation months. It is true there are a few speckled trout caught about the inlets early in the season and some salmon trout. That fishing is all over long before 90 per cent of the campers, cottage owners and boarders come to the lakes, and from that time on there is no fishing whatever excepting for small mouthed black bass, which are extremely difficult to catch and do not provide for the average individual any fishing whatever. I am firmly of the opinion that these lakes ought to be stocked by the State with some kind of fish that would be desirable for the many who visit there each year. There are hundreds of thousands of dollars invested along these lakes in hotels, boarding-houses, camps, cottages and their appurtenances and there is plenty of good water. All we lack is the fish. * * * Considering the insignificant number of speckled trout inhabiting these waters and the few whitefish there, it seems to me that they ought not to be seriously taken into consideration in determining the question as to with what fish these lakes should be stocked.” Tom Cop On December 22d Foreman Walters obtained forty-five quarts of tom cod eggs at Good Ground, L. I. These eggs are about one-fifteenth of an inch in diameter and count about 6,000 to the fluid ounce. At latest reports Mr. Walters had sixty millions of the eggs, which were carried across the island to the Cold Spring Harbor hatchery. WINTER FLAT FIsH In 1909 the first flat fish eggs were obtained by Foreman Charles H. Walters on March gth. The hatching period of these eggs was about seventeen days. ALBANY, December 27, 1909. Department of Game Protection REPORT OF JOHN S. BURNHAM, CHIEF GAME PROTECTOR Hon. JAMes S. Wuippie, Forest, Fish and Game Commissioner: IR.—I respectfully submit herewith my report on the enforcement S of the Forest, Fish and Game Laws of the State, for the year 1909. The statistical tables which follow show a substantial increase in the number of cases prosecuted. While in 1907 there were 797 actions brought, and in 1908 there were 1,054, during the fiscal year covered by the present report, the number has increased to 1,372, or a gain of about 30 per cent. Over 1908. A comparison with the statistics of previous years shows that the num- ber of actions prosecuted has increased very materially each year since you became Commissioner. There has been an increase from 375 actions brought in 1904 to 1,372 in 1909, or about 365 per cent in five years. Dur- ing this time the number of protectors has been increased from fifty to eighty-five. These results can only have been brought about by a syste- matic and business-like administration. The personnel of the protectors has been improved by the weeding out of inefficient men, and a systematic organization has taken place of a force which, while not wanting in good material, lacked in cohesion and the proper placing of individual responsi- bility. For the first time, this year, credit is given to the heads of the different divisions for the work accomplished in their blocks. The first work of the organization of the force was to assign to each protector a definite territory, so that responsibility might be placed for violations occurring in this territory, and the protector might also have a definite area to patrol. While held accountable for the enforcement of the law in his territory, and 358 ALWAYS IN SEASON GAME FIFTEENTH ANNUAL REPORT OF FOREST, FISH AND GAME COMMISSIONER. 359 for the education of the public in the reasonableness of the game laws, the fact of the protector’s assignment to a particular section does not limit his activities to that territory. The protectors are encouraged to assist brother protectors in neighboring divisions, and to work with them where circumstances make co-operation advisable or necessary, and in addition the protectors are frequently sent to distant parts of the State. Habitual law violators soon become acquainted with the habits of the local protector, and devise clever systems of keeping tab on the protector’s movements. It is, therefore, often necessary to bring in from other sections men who are not known locally, in order to secure convictions of this class of violators. There are times during the year when as many as thirty protectors are assigned to special work in other protectors’ territory for periods of several weeks. In order to gain results, the visiting protector must have a thorough knowledge of local conditions and of the ends he is expected to accomplish. These matters are planned by the assistant and division chiefs, and the details are worked out for weeks in advance. Supplementing the monthly meetings of the division and assistant chiefs at Albany, the field chiefs get their men together at regular intervals at some point in their division, so that they can go over with them collectively and individually the work of game law enforcement in their respective sections. The evidence for pending actions is carefully considered at these meetings, and advice given as to the conduct of cases. Plans are made for future action, and protectors assigned for special lines of work. Novel questions of law are continually arising, and often asa result of points brought up in these meetings the legal department is consulted for an authoritative ruling. At the monthly meeting of the assistant and division chiefs in Albany similar matters are taken up. The work of the divisions is co-ordinated, and division chiefs co-operate with each other in carrying out plans for the enforcement of the law. The protectors make reports at the end of each week to the chief in charge of their division, and monthly reports to the chief protector at Albany. These reports are discussed at the meet- ing, and the work of each block summarized upon a special report made by the chief of each division. Every protector on the force is rated according to his record, credit being given him not only for his success 1n securing 30 360 FIFTEENTH ANNUAL REPORT OF THE convictions for violation of the game law, but also for the general excellence of his work. In this latter respect his diligence in patroling his territory and his success in creating a wholesome public sentiment in favor of the law, are given due weight; but under the present system no protector who does not get convictions is considered to have made good. There is no section of the State in which game law violations do not occur, and it is only reasonable to believe that a man who possesses the proper qualifications to be a game protector will of necessity in the course of his work round up some of the violators. It should be remarked in passing that many of the ideas upon which the organization of the force of protectors is based have originated with the assistant and division chiefs. Once a year during the winter a convention of all the protectors is held in Albany. The chief business of this convention is to school the protectors, both new and old, in matters connected with the enforcement of the law. The business end of securing convictions is given the most attention. At the last convention a mock trial was held, presided over by Judge Parsons, based upon an important case which had been tried in the Central New York division. Papers were read by some of the protectors on features of game law enforcement, and much of the time was occupied by a general discussion of legal questions of interest to the entire force of protectors. Besides the address of Commissioner Whipple, four notable addresses were made to the convention by men eminent in the cause of game protection, including an illustrated lecture on birds by Frank M. Chapman of the Ameri- can Museum of Natural History. Dr. William T. Hornaday, Director of the New York Zodlogical Park, spoke on the history of big game protection in this country; Dr. Tarleton H. Bean, State Fish Culturist, spoke on the propagation and stocking of fish, and Mr. Andrew D. Meloy spoke on the subject of game law enforcement. HuntTinc LICENSES In 1908, which was the first year of the new law, the hunting licenses were not distributed until June. One hundred and twenty thousand and ten dollars was received in payment for licenses sold up to January 1, 1909. FOREST, FISH AND GAME COMMISSIONER. 361 The 1909 licenses were in the hands of the county clerks in time for distribu- tion to their city and town clerks before the first of the year. Returns from the hunting licenses at this writing indicate that a somewhat larger number of licenses will be issued during 1909 than were issued in the pre- vious year. I do not believe, however, that the number for the present year will be more than 10 per cent, in excess of the licenses sold during 1908. The licenses were effectively distributed in 1908, and very few men who went afield hunting were not provided with licenses, despite the fact that licenses were only obtainable for six months of the calendar year. One reason why more licenses are not being sold this year is owing to the fact of the general posting of lands by farmers and game protective associations. Judging from the reports of protectors who have questioned hundreds of sportsmen for their licenses, almost the only hunters who have not taken out licenses are farmers who are privileged to hunt on their own farms with- out licenses. From many localities which were formerly overrun by irre- sponsible gunners who destroy insectivorous birds as well as game, word comes that few if any of this class were afield. Many of the country news- papers of the State print each month a list of persons in their localities who have taken out hunting licenses, and as the records are easily accessible in the city, town and county clerk’s offices, it is a simple matter to ascertain whether the law has been obeyed. At present New York State issues abouc 1 hunting license per 70 of population. On the basis of 1 hunter to 5 of population, this would indicate that about 1 in 14 of the adult male population has taken out a hunting license. In England and Wales 1 hunting license is issued per go of popula- tion; in Scotland, 1 to 111, and in Ireland, 1 to 167. Inthe western States of this country the number of licenses in proportion to the population is very much greater; but New York has too much of a city population to ever come into the same class with the essentially hunting States. As noted in my last report, there is a vast discrepancy between Hamilton county in the Adirondacks, where 1 license is issued per 3 6-10 of population, and New York county, where the ratio is 1 to almost 1,000 of population. 362 FIFTEENTH ANNUAL REPORT OF THE Laws FavoraBLE FOR DEER AND TRouT PROPAGATION Under a recent law, persons engaged in the propagation of trout are given the right to ship trout from their hatcheries, when accompanied by permits issued by the Commissioner. Live trout, trout fry and eggs may be shipped at any time of the year for the purpose of stocking. Permits are granted for the shipment of trout for table use during the open season only, but there is no limit as to the number which may be shipped at one time, nor is the owner obliged to accompany the shipment, as is the case when wild trout are transported. Venison from deer propagated in wholly inclosed deer parks may also be shipped during the open season on a permit issued by the Commissioner, without the formality of being accompanied by the owner, which is the condition required in the transportation of wild venison taken in the State. Under these more liberal provisions of the law there is no reason why a successful business may not be carried on in the propagation of deer and trout for the market. The sale of native trout is now prohibited in this State, and the supply of trout for the table is by no means adequate to the demand. Dealers in game are having difficulty in procuring sufficient supply of venison to meet the demands of the consumer, and the market is certainly bound to present greater attractions from year to year to the man engaged in the business of propagating deer. The Commission believes that the present law is for the benefit of conserving the wild supply, as there would be no inducement to the dealer to handle illegitimate trout or venison, provided he could secure a legitimate supply. The dealer would prefer venison from deer parks and trout from hatcheries, which could be supplied him in a fresher and more attractive condition than if procured from other sources. THE STATE’S SUPPLY OF WILD GAME Game conditions during the past year have been favorable. It is my opinion that there are more deer in the Adirondacks at the present time than for many years. This is partly accounted for by more efficient game protection, and partly by favorable winters, during which there has been little mortality among the deer. The protectors look after the deer in the winter, and by their efforts carry through many young deer which would GOT HIM FOREST, FISH AND GAME COMMISSIONER. 363 otherwise perish of starvation. This work, however, is only in its infancy, and an appropriation should be made for this specific purpose. Partridge have been increasing in the State, and the situation is much more hopeful than it has been at any time within the past two years. In localities where the breeding stock was not shot off last year, there has been good bird shooting during the fall of t909. Woodcock have been fairly abundant, and it is to be hoped now that the south has adopted stricter game laws, and New York and other adjoining States have shortened the season, that a continued improvement will be noted in the future. Imported pheasants are increasing in numbers in many parts of the State. I am inclined to believe that a short open season for the entire State would be to the interest of the sportsmen. At the present time there are eight counties in the State where pheasants may be killed during a short open seson. As far as I can learn, the birds are not decreasing in these counties, despite the fact that numbers of sportsmen from adjoining counties come in during the open season to secure the birds which the law permits them to kill. If there was an open season in the entire State, more interest would be dis- played in propagating the birds in counties where there are now very few. The sportsmen would hunt nearer at home, which would be for the benefit of the counties now having an open season. There would also be less convictions of sportsmen who kill birds in a county where the season is open, and take them home to a county where the season is closed. As the law stands at present pheasants killed legally in a county where the season is open cannot be possessed elsewhere in the State where the season is closed (except in Greater New York). The work of the game protectors is greatly hampered in the enforce- ment of the wild fowl law, particularly on Long Island, by the provision per- mitting the possession of ducks for two months after the season for killing them has passed. Those familiar with the workings of the game law under- stand that the largest percentage of convictions are secured under the clause making the possession of game illegal, rather than upon the prohibition as to the taking of the game. It is much more difficult to prove the killing of game out of season than to prove its possession, and for this reason a law which permits the possession of any variety for any considerable period after the open season has expired, is impractical of enforcement. The 304 FIFTEENTH ANNUAL REPORT OF THE Long Island brant law, while bad in itself, is particularly vicious in that it gives the spring duck hunters an excuse for being on the water during the close season. The brant law and that part of the law permitting the pos- session of ducks in January and February, should both be repealed. A remarkable illustration of effective game law enforcement is to be found in the concourse of canvas back ducks on Cayuga Lake each spring after the open season has expired. These ducks have steadily increased in number until now there are several thousands of them to be found each spring upon the lake. Protector William D. Ferree of Cayuga, has written the following interesting letter upon the subject: “Thirty years ago it was only on rare occasions that a canvas back duck was killed on Cayuga Lake and they did not come here in numbers until about ten or twlve years ago and then only a few dozen; since that time they have been gradually increasing and for the last five or six years they have about doubled each year until at times there are at least 10,000 ducks in a single flock. ‘Since spring shooting was stopped they have wintered on the lake in large numbers taking advantage of the first opening in the ice near the foot of the lake and become quite tame being loth to fly when quite closely approached and become accustomed to the passing trains and are an inter- esting sight for the passengers. “When frozen off their feeding grounds which is never more than a few days at a time they move up the lake to open water and come back as soon as the first openings occur. “ Cayuga Lake and Montezuma marshes have been famous duck shoot- ing grounds in years gone by and if it were not for the unusual low water that has prevailed in the fall for the last few years shooting would still be good. ‘The number of ducks on Cayuga Lake this spring has created amaze- ment. There have been times when forty or fifty thousand were in sight some feeding within four rods of the shore and at least 75 per cent being canvas backs. ‘This increase of course is mostly due to the closing of the season on January rst and is a stronger argument against spring shooting than any words. 7 ee eee ee Se ee eee OO ee — FOREST, FISH AND GAME COMMISSIONER. 365 “Some quite satisfactory photographs of the ducks have been taken this winter and spring from the shore. “Tf all the northern States and Canadian provinces should close the season on wild fowl on January rst they would increase amazingly in a few years for they would adapt themselves to circumstances and winter farther HOLtM,.”’ Rabbits at the present time are very plentiful in the State. This species requires little protection. Owing to the damage done to farmers and fruit growers, there is a sentiment in some parts of the State against any protection for them whatever. The law, however, is very liberal in permitting the killing of rabbits by land owners whose property is damaged. In this connection it is interesting to note that in certain parts of the State there are large numbers of Belgian hares, and in some places jack rabbits also. Mr. H. R. Bryan, editor of the Hudson Republican, states that Belgian hares are very common in Columbia county. They are common also in Dutchess county, and the intervening territory, as well as on the west side of the Hudson river and on Long Island. These rabbits are very large, and furnish good sport for those who care to hunt them, though they are said to lead directly away when hunted with dogs. The beaver of the State are increasing rapidly, and will soon be a com- mon spectacle in the Adirondack region and also in the country south of the Catskills. The elk in the Adirondacks are holding their own in one restricted locality. This animal is well able to take care of itself, despite the heavy snows of the north woods; but there are too many hunters in the Adiron- dacks to make the experiment of restocking there an entire success. Young elk are often shot by mistake for deer. This is the chief reason why there are not more of them in the Adirondacks at the present time. The experi- ment of stocking with moose is a failure. Both moose and elk need a larger range of absolute wilderness than is to be found in the North woods. STATE GAME FARM With the appropriation secured at the last session of the Legislature, the Commissioner has purchased a State game farm near Sherburne, Chenango county, centrally located and convenient to shipment, and admirably 366 FIFTEENTH ANNUAL REPORT OF THE adapted in all respects for the propagation of game birds. Seventy-five acres of this farm have been fenced with woven-wire fencing eight feet high. Pheasant pens have been built, and a stock of birds either secured or con- tracted for, with a view to beginning operations in propagating game birds for the season of 1910. The chief birds raised will be English pheasants and the common partridge of Europe, otherwise known as the Hungarian partridge. Under favorable conditions the State should be able to supply six thousand or more birds and a number of thousand eggs for propagating and stocking purposes next year. It is likely that these birds will be sup- plied under somewhat similar conditions to the requirements for procuring State trout. They will not be supplied for posted lands, and the applicant will be required to promise to put the birds out in favorable localities, and also to give them some general supervision. Applications will be ready for distribution in the spring. The State game farm is under the manage- ment of Harry T. Rogers, who for six years held a similar position in Illinois, and who has had a lifelong experience in the rearing and caring for game birds. NOTABLE CASES On September 16th, in following up a clue procured by Mr. George M. Fayles, the clerk to the Chief Protector, Acting Division Chief Dorlon discovered a quantity of game which had not been bonded, in the Harrison street ‘‘Freezer’’ in New York city. This game included 5,734 birds which had been billed as ‘‘ broilers,’ “lamb fries,” etc., and consigned to the storage company by men acting as dummies for several of the large New York dealers in game. This case, which involves penalties of thousands of dollars, will be tried out in the courts during the winter. The Piseco region in Hamilton county has been one of the unregenerate sections of the State as regards game law violation. Two years ago, while jacking deer in defiance of the law, Hobart Caslor and John Burton saw the reflection from an extinguished jacklight in a boat operated by William Courtney, which they mistook for the reflection from a deer’s eyes. One of the men fired a shot, which resulted in the wounding of Courtney. Pro- tector Frank Stanyon took up the matter, with the result that Caslor and Burton were both convicted of jacking and fined. No action was taken gn ott nae Ast ‘ ; laine | BA 0 Al f i ¥ ’ iu? ey a Ta il PPR i. ee ‘EA x THE QUAIL FOREST, FISH AND GAME COMMISSIONER. 367 against Courtney at the time. After his recovery, however, Courtney went at his old business of violating the Game Law. A year ago Protector Speenburgh, after an all-night trip through the woods, nailed Courtney at Spruce Lake while hounding deer in violation of the law, and Courtney was fined $90. Since then, through the efforts of Protector Stanyon and others, Courtney has been convicted of different violations of the game law, and judgment was taken against him for more than $400. At present he is serving a six months’ sentence in jail. A SHOOTING AFFRAY It is not uncommon for protectors to be shot at while in the pursuit of their duties. There are few protectors who have served any length of time on the force who have not had an experience of thiskind. Asa general thing, however, there is little danger from this source. The shots are fired out of bravado, and not aimed to kill; or else the cowardly violator lacks the nerve to shoot straight. On the Niagara River, on Oneida Lake and on Lake Champlain boats have been hit by bullets, but so far in the history of the force no protector has been killed. During the present fall, Protector D. C. Speenburgh of Hunter, while pursuing an Italian violator of the game law, was painfully, though not seriously, wounded by the miscreant, who fired a charge of number four shot at the protector from a distance of six rods. Speenburgh shot the Italian through with a thirty-eight caliber revolver, and while the Italian did not immediately succumb, it is believed that he did not recover from the wound. The circumstances of the case are quite similar to the shooting of Special Protector Frank Viele about two years ago. Speenburgh is one of the best protectors on the force, possessed of abundant nerve and resource- fulness, and an energy that has made him a terror to the law-breakers, not only in his own section, but in the Adirondack region as well, where he has done considerable special work. Game Refuges The great increase in the number of hunters and the constantly lessen- ing game supply which has resulted in the present stringent game laws, has also developed a world-wide movement in favor of game refuges. Tracts 368 FIFTEENTH ANNUAL REPORT OF THE of land are everywhere being set aside where no hunting whatever is per- mitted, and where game and birds have safe breeding grounds, and from which the increase finds its way over neighboring lands where hunting is permitted. The future apparently offers no better practical plan for furnishing shooting for States such as New York, where private preserves are not likely to be general, for in no other way can the breeding supply be so well conserved. Such réfuges would furnish admirable places for stocking with birds from the State game farm. Public spirited persons in various parts of the State have already offered tracts of land to be used as game refuges. There is, however, at, the present time, no specific law under which such tracts may be dedicated. It appears to me that the matter might suitably be cared for by the passage of a law similar to section 164, which gives the Commissioner the power to close for a period of years streams stocked with State fish, upon the request of a majority of the town board of any town. Much additional work would devolve upon the game protective force, but it is reasonable to believe that public sentiment could be counted upon in support of this form of protection, and the day is certainly not far distant when there will be no game over large areas unless some such plan is put in operation. Rating of Divisions No tabulated statement can give an absolutely fair valuation of the results accomplished by the Divisions considered relatively or otherwise. The Adirondack Divisions, for example, were called upon to do a great deal of work for the Forestry Department to the exclusion of their other business. The looking after tree lopping operations occupied time which might otherwise have been used in working up violations of the Fish and Game Laws. As a matter of fact if all their time could have been used in fish and game matters as it was used by the men in the other divisions, the Adirondack protectors would stand above some of the divisions now lead- ing them. FOREST, FISH AND GAME COMMISSIONER. 369 Number| Total [Averase oe a of number Gross 2 otal o DIVISION ; of cases recovery cost men in of per recovery eee costs per €ase division | cases } protector Southern division, L. Legge, division chief protector..... IL 215 20 131,547 40 | $16 4p |$815 49 $3 78 Hudson division, W. Kidd, act- ing division chief protector . 5 79 TG ees SMI 19 Sy | 18% o2 2) 37 St. Lawrence division, B. : McCollom, 4th asst. chief PMOWACWOR.. bone gono0cconLes II 112 TO | 3,564 14 Bea ea eee 6 37 Ontario division, M. C. Worts, ity rst asst. chief protector... . 0 I51 TA eI ELS MOS 07 O7 || O97 55 4 29 Southern Adirondack division, ah pe eoten, J. E. Leavitt, 2d asst. chief i [PLOLEGLO Gere tar isiaensis iter 8 57 adele 21SU 7am 215 ZOO 2 eo oun TS 4 26 Central New York division, : : S: Hawn, 5th asst. chief LOC CLO Temeenaetareie ieee tree a 39 6 959 41 24 60 | 426 31 IO 92 Metropolitan and Long Island : division, E. A. Dorlon, act- : ing division chief protector. a 49 4 886 00 18 08 | 161 90 3 30 Western New York division, B. Salisbury, division chief DROLECTOLe rio Uai-pekee coe ee 9 67 7 | 1,288 60 10) AB || dian © 6 29 Northern New York division, ; : : I. Vosburgh, acting division ChicieproLectoi emesis ee 4 34 9 562 05 16) 53 T4o 54 Meee Eastern Adirondack division, z - R ai 3 R. B. Nichols, 3d asst. chief protector Meee aee lence eae konate TT 59 6 762 60 2G) 2) OV MESH i ar Trespass Cases No. of Cases Recovery Basten vdirendacke Division...) 4. ZO ESaOR2 OO souuherpadmondacky Division.) 4.5)... - 13 668 00 Se awience Winisions ene ysl: Il By715 OO Nonuieme New or ivisionn an Jas.) 4 22 O Hcl SOMe ID ingiSioml yeaa tee ett Sean 2 45 ©O Omar ivisiome wes cal ne enc I 17 00 ALBANY, December 30, 1900. 3792 FIFTEENTH ANNUAL REPORT OF THE Hunting Licenses Issued during the Fiscal Year (October 1, 1908, to September 30, 1909) County AT Deity an artes cots nc wen Seo eee nee AlleG ati vice int ler: say een tect ce ran het BrOOMme ayes iy ed Se etn Seren te read Genesee tee steal ea he he ent ate e eae Me GOCE Ri ke eee ee ae et Phaser es 3 ES ees a ears <4 LAVIMN@ SHON ees ek Mae eee eae: Ma disonk: {ae tes ee See eee ere iN Koraigor-wmebea nonce nnes . olctieaun Mess cnyicior etka Montgomenyonasn 2 eno eas erence INS Se eye tins Oe oc Prater age Nie We Works Ss CS Ney meee ING ieee) coho eewenner reine aie MGt tinea au) ation | Resident 92,351 Zi 95 1,848 3,569 1,637 3,736 980 2,006 1,740 eee i Jets 2200 2 OK 4,463 DOs 3,108 Type 1,404 T1022 os DP iii 31904 1,875 DADQOs 1,908 By L// 3997 Te yL©. 2,020 2,745 Nonresident $80 60 20 eee ee ee 20 200 500 I0O eee ee eee ei lo Ne) (el on 0) eh Total $2,431 ZO S 1,868 3,569 1,677 3,836 980 2,086 1,760 Lee Teuton 2 B50 2° ALT 4, 483 2,983 3,608 Teronle2 Dod 1,942 1,675 2 Omer 31904 1,935 Do Be 1,908 Tol 4,097 Tee 2,040 3385 980 OTING QUAIL SHO FOREST, FISH AND GAME COMMISSIONER. opt County Resident Nonresident Total @ enlales meee we erate scion eg eta baer owl $3,662 $20 $3,682 Onondaga an a wha os cere ae 3,676 60 Bao Wiarton hee ee oa esis en ree el ate ORNS, 1, 887 20 I, 907 0 Teer oper eee te Meat acs Seas Baise 20 3 , 803 inlays cats Seite Ne ce et Sa eet 2s Fi Peo ae Ni eat 703 CTS ISIEAO) atone aes Grete ae cesar ON GPU aese oc DRE O DON ATM aera 2B Oe WESee On en ne rays cose ny auras errata: 2107 20 2 DAF) EAUUSINCDIM ere aig Re eand eel lst, A. mee acs sete A Age Matec a fe 435 GireemeMm ci A ee ea PN ate oe 790 20 810 HN ERTIS SEG Tee tee eT hee reyiptacanee MeN nce DINO OMIA srs 2,004 rolnmMOomGeny tis mee G cee ee | AQ annsanete meets 493 @ekdlanGe ary cata winnie eine a Nera 994 40 1,034 Sime Ane Cen aie tra Nee coer ar cic end 2 5,001 320 Beg aH SOC Ae tet a Als Men tena) Dae Oilaleenci tity Ateha ys 2,811 OMe MeCUACy erie ccses sot al ama ree TS SI5 40 LenS AS SrOn@ieviste Wei pn fhe ke ein a, vat oom ae TW OOMMRBR Ee tos 1,280 CMe eM a ere 2 Be ae Odie Mena n 613 GIG Comite tener ate muen airs roe itG imines oats OOH inatera ens. 684 ICOMOS Tl aap ce near RN ete aioe ene 2,943 40 2,983 SUNN aera incre ee te tei ie Sr ns les abe 4,762 440 Ro SEU Araneae Ore my eee Ee hoa DPD ig eC aa sre 2G) To ree a ie i eth ae Sl oN is uel ae el TRO Sie enna Mt TAOAS MN oraminlciSe Nai. Pre gah oars) Rae Ne 1,108 AO nas ON Steremenirr BE t tre, aun a UUM a Matha yrcse AG sf 2) Pit 72 70 TNO OPM eT Petes Yoke ser os aNoeKensos «SU dio alee soe os 1,986 103 85 MOCOM io a2: ERS cee tr it seins Ss, 2,180 51 164 Shipments of Deer from Points in the Adirondack Region Season of 1909 Mouwawk AND MALONE RAILROAD RAILROAD STATION CARCASSES SADDLES HEADS Beanierm alist iat cana cet co cuiutionias wrote elena TOME e MEO a calc iech uetnc sens Caples GANG tet RIVE Eee tage mares Marin AIR aC 2 oie law 90 I 8 Is WMO OSC riper icut soc ert coor [ete Ryhicem Totowa + eCeurece' as 38 7 2 irene tiny Walle teres ened aracuretl hare cecsne tars sila sy acti Bee sane eusicaaester aie Were lect be aunt pe tas Or icanwn nec Meno overt 72 I 3 Giticlivol le tieecatcniacsac cc metric tegacem om iwi Ale esau ie Beran Monee sinerecs BYANBUE MES Aap uey dart crcescai ten eed ae Aon colgttr a trials Maree seske rice mises ts, Sacra aaaiis itilit@my Cla aianar sti et cin ote aie Re wbe aie ana ste SHLMEM CTT icp aov oe aaa pale ec cire gee oe BO KeSE DOLE. tise sco savor leeruerebesgy ca Use ub RI EEL ui tei scan dmineccts teekelsra ls BLO OR WOO Gar Masia shoe. eo catoemene Maen hice sat deatiche Tabet Ri ae tat ee eg neta Ane RL CADIS lS neten Phe a aie teks acta eeaueee ads, Soe hae ENA eM at a aries Ree MY. ahi sland Selena venesen itu scien teatia de tertadlewsaaise es «watts DG et On nist rae meer aneen tec nana IOTSe SOE ratte msec iis Were Se, lth Papcien ges of esa! ae dha Pas wat rsa OeTRY ATARI CUR Nen a INGO MAC Ire et cron Race rein ear Me Depeaen ayes ae eae I WonegleakenVWicstemes «<5 vere on ater aanu ieee ola TOTS en Pee oases ee Ame oes ee Warlcewleirs hal qiiaewaasie meters Saree oseaeie ay sites uae Oe ans eats 2 Woongiakeasn sk sccnc ccc hie eis esas © LOW spec ee pens ea neem eN *Of these, 614 carcasses, 2 saddles, 24 heads were shipped out between November rst and 15th, the additional season for bucks only. 374 FIFTEENTH ANNUAL REPORT OF THE RAILROAD STATION CARCASSES SADDLES Lake Placidis a0 iG ee eae 2 I Lake Cleariiuniciion\ ese eee EB palate 23 4 Little Ra pidS2san.. ic Wea eee connec eee tes acre Ei ee em eorn ee te Malone’ 22 "ie. Ape cee ye teeceer ec eee ne tree” eee ES) NENA Seay eR McKeéverrr a eee ere etd ohne TG et eee on ee Mountain View 2 ase meet ter meer ne con eore TQ tosh a Minnehaha 0k eer nee ate eee eae tae eet og 2 inie ey cae eke ANT Gos cul ira spp See Dyess pene Sale tn one fn canon gre pC Ashe eee INEM; p Orta: 2 eitee ee ee ieee ere re cane Dt i IE ene INie= nal Salam Cte ecas ea mclaren OS ccs era a con ams Ai ee aa Oavls) ica ch aie epi ees ORs cn hae Dany a aie eae OMES a ee Ue arhUer Gone eae tne ter aie cue top a neeae Te Se ae OCB Tle aden ae ee a Nee ner aces Bice con, Shs een lat ide eae PO evans sea otis este cries hn eerie rice eae De Annee Pare fell clea ce ear artes Seige tee meas aes 100 4 Pleasamieliaike sercccissconumrmpee sy, ati e yu cmueartia Oh Oa caer sapere Pitimaidone wes ran eee er oe oe ee Dake (a ue Robinwoodte arsine a ee ae Be Eh acre ND Raguettesbalken aie eke eee aise 89 A pone Rambow: MeaikGhaseanenl titer eRe ie aes Tis oan ea ae Saranac: Walkeamans owe ce ea nro riRu Ut nak oars Gin eee eee SATA IAC al tara ah nee ee eae eee ee ge gr TOs aie ee Whitesvake Comensh perme ee oes 55 I Wioo dislalkcew i irate ee on ane pare eee ober ORS WS cence WO ballon c coe ae ee yee ee rae eA ‘819 19 New YorK AND OTTAWA RAILROAD RAILROAD STATION CARCASSES SADDLES Bay Bones ye 0 ce es oan eee tere eee Der eal ae ie Biraricd Omiya seat vy kesne use ue mesa lene Meee apne Ti atirce he oan Rea Chri wie. © Cyto sys sit i ier eae ARs GAS ee en pee A aes een ay aeatenene Diekimson\ Centers ies eG) pa sige aaae el eaten IES ENE ETE ko DD eric ea ieee eae esi iar en ON ON y desea aaa ee AON eras eae eters Hiloodiwood ered. iy cee ari urls Caer Toa yee orem eae aT Came eet ay ese ae ne NA AS pe a Rae ge De 16 I Moira se Risin en. Se eee cai ronan Bisa Nien ee ate Mie Ta 6.26 SS sestecestpatna cer cconcieg td ate ee Ree 3. hae eeu ee Madawals kara cnh sry aie te cecetne auch te ae ee eee 19 I see ee wee eee 2) (eMjel (ohare a aime Como Om Ono 4 eee ee ww ew o},0) ese) 0) ke) lelehi wate ( asz015 pafiny) YHLINIM NI SAI . Spa EES a ee SS A FOREST, FISH AND GAME COMMISSIONER. 375 RAILROAD STATION CARCASSES SADDLES HEADS Seatiticly, Cla ramanane sateen peg ee ele cay east taet LOM eS were tea ben cares Dre Nes. hall Sivas meee eres Meno or sete a Lp weg Hee 7 Spal COMEaarn cas teat eee nea teehy Paka iis Le Te Panacea ar eeay ee TG ae meseReR e Mipper wake jumetiom. soe hc nn ee een = oe DEGKONL een araetiada! ARIE URmtedly Racca oN 2Q1 2 13 UTICA AND Biack RIVER RAILROAD RAILROAD STATION CARCASSES SADDLES HEADS PAN let LEE Ku eeeny corte ian et cane S ah De 9 LP anata yooriyailll ete resaye co oetatys eee) isda oeah oa Once ln «Sees Goa srawen- oer sy cietee ats, Wat aees Roca ee spe unre ac ysncc tena S12 Bee! AR Gees ee aM ce Rare ai gh Carat Oe peeemeeane sr eed Pits oerins ne en) ae ahs I Dish ent a atte Ciera TSI ie eae eae ieee ante lease Sra Me DO eal erate caNn ee Meet nani Eyons Falls). .':.- Bare ene epee tal mis eo ysn DG age e a ineys oia wt a ate ears Wrowvasrililetenaees atta fos city 2 Mr enn die te Carell’ y Dame ee eons, | cektncn ea mae CBA etIS oil CoMPeMne eee EWE eee une a R Re ae ails, eter Pw oo iene wats SiN ceca aye ogee I ERO SDE CER re mia whee ea eines nnss CM eionrsie cde ja es OS yin ce Catiene ahr nS eyed neernes Borin ew detiew wr tens cst s cise he oe sete are eae TM eee TA Rhee TRC BSRANSTS ao ies to Sse SET oy eR Rea ec a Rah ac a tonne eee 190 B I Rome, WATERTOWN AND OGDENSBURG RAILROAD RAILROAD STATION CARCASSES SADDLES HEADS EEL LANCIA a nS oe eter iP emer ets Ere L ae 2 e ements NCoaire WEA oA ca ti eit TRA Carn O Nene ey reece aN ca TI a ees TO ger ce wN eit bh) Race ee Werksailloy amet @ mre ies 4. ce eu ease tet ci Qe Decent pai a aca eR TE livjearin cl rear sect tts ca ot eth Roni pep aunite 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 Depart- ment 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 382 tele . x IN FLIC £D GROUSE RUFEI FIFTEENTH ANNUAL REPORT OF FOREST, FISH AND GAME COMMISSIONER. 383 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 enforce- ment 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 dis- posed 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 & Cross- field’s Purchase, and 26 are for doubtful pike and pickerel violations. Statements in detail showing the commencement and disposition of actions 384 FIFTEENTH ANNUAL REPORT OF THE during each fiscal year for fish and game violations and for trespass and title actions are herewith submitted and made part of this report. In addition to the actions above stated, this Department has had sole charge of the investigation and prosecution of all trespasses reported to have been committed upon State land in the Forest Preserve — the num- ber pending and reported to October 1, 1909, being 279, of which 194 have been disposed of by settlement and 29 of the 85 pending on that date have been put in action,leaving 56 trespass reports pending for investigation and disposition. A detailed statement of the trespass matters is herewith submitted as a part of this report. The Recoveries Made A monthly statement of receipts for trespass and for fish and game violations is submitted, from which the following summary covering the fiscal periods is here set forth: _ Receipts from Trespass Violations \Aiaweiny 1, LOOT, WO COHOOSe 1, MOOT. 2c. - $1,160 oo October nm moo7vorOctooer 1, 19Oc aaeee AO S20 (OVO OCIe 1, MOOS, WO Ocuoleire an, UCCo))>- 4 25 O70 20 A orally eae serene scence es. ses ente $31,231 40 Jantiany 1,907, to: Ochopen tat O07 41. $28,270 55 Octobers1 1907 moO crower WOOO ya 26,524 98 October 1, 1908, to October 1, 1909...... ZT SAO O2 Mot allege ssa see meee ane eect eaters $86,337 45 a FOREST, FISH AND GAME COMMISSIONER. 385 The receipts for the trespass violations are directly the result of the efforts and activities of the Legal Department in the prosecution of this class of violations, while the receipts for fish and game violations have been secured through the combined efforts and co-operation of the legal and protective bureaus. The legal work and activity of the Department can, in no manner, be measured and judged by the financial receipts, though these are most satisfying from our standpoint for the reason that most important litigation involving the construction of statutes, land grants and title matters which Were prosecuted by this Department brought no financial return to the State. Appeals Taken Thirty-six cases have been appealed by the State and by defendants and of this number, twenty-four have been decided; the State having won eighteen and lost six; twelve appeals are still pending. A statement of all the cases on appeal which have been under the direct charge or supervision of the Legal Department, the disposition thereof or present status is submitted as part of this report. Many of these appeals have involved important questions relating to the policy and interests under the control and supervision of the Depart- ment, and decisions of vital importance to the business and jurisdiction of the’ Department have been rendered in favor of the State. The facts, history and results of the following most notable cases are set forth in this report, as these litigations and the decisions thereon, are of public interest and concern and show that the efforts of the Legal Department have been directed to sustain the integrity of the Constitution and the statutes and for the public good. The Nobleboro Trespass At the time of the organization of the Legal Department, two impor- tant civil actions, the cases of People v. William E. Syphert, Albert Harrig and George Vincent and People v. James Gallagher, Jr., and George Vincent 386 FIFTEENTH ANNUAL REPORT OF THE were pending in Herkimer county, and two indictments charging Charles A. Klock and Harvey N. Gaylord, ex-State Game Protectors, with grand larceny, first degree, made by the Grand Jury of Oneida county were await- ing trial in that county. : These actions and indictments were the results and grew out of unlaw- ful transactions between the game protectors mentioned and the above named defendants in the civil actions and by which these defendants were permitted and encouraged to enter upon State land in Nobleboro Patent and cut and destroy a large quantity of softwood timber growing thereon and for which it was alleged that the Game Protectors Klock and Gaylord, upon their representations that they were authorized by the Department, received and appropriated to their use the sum of $3,750 from James Gal- lagher and the sum of $4,000 from Syphert and Harrig, these sums being alleged to represent the stumpage value of the timber taken. Before the removal of the timber the trespass and depredations were discovered, and, upon orders of the Department, lumbering operations were immediately stopped and the parties forbidden to remove the timber cut. An investigation resulted in the commencement of the civil actions above referred to and the procurement of the indictments against Klock and Gaylord. The trial upon the indictment against Charles A. Klock was held in June, 1907, before the County Court of Oneida county, Judge Pritchard presiding, and the defendant, Klock, was discharged by the Court at close of the evidence for the reason that there was not sufficient testimony to justify his conviction as matter of law, the money which the indictment charged was the subject of the larceny, being paid the defendant by Gal- lagher, a particeps criminis for the purpose of completing an illegal and unlawful transaction to defraud the State of New York of its property and that Gallagher was chargeable with knowledge of the fact that it was unlawful. The opinion of Judge Pritchard is reported in full in 55 Misc. Reports, at page 46. On April 1, 1907, James Gallagher, George Vincent, William H. Syphert and Albert Harrig were indicted by the Grand Jury of Herkimer county for grand larceny, first degree, for the wrongful and unlawful obtaining, MOODGOOM FOREST, FISH AND GAME COMMISSIONER. 387 appropriating and stealing of the softwood timber cut and destroyed by said parties upon the State land in Nobleboro Patent. Trials upon the indictments against James Gallagher and Syphert and Harrig were thereafter had before the County Court of Herkimer county, all of said defendants being acquitted by the verdict of the juries. Further investigation of the official conduct of Protectors Klock and Gaylord, brought to light a course of transactions criminal in their nature upon their part, whereby they had defrauded the State of a considerable sum of money received by them in settlement of cases for violations of the statute. These matters were presented to the Grand Jury of Herkimer county and indictments charging Klock and Gaylord with grand larceny were presented. The trial of these indictments resulted in the conviction of both Klock and Gaylord, who were sentenced to State prison for a term of not less than one and a half or more than three years. Klock is at present serving his sentence and Gaylord took an appeal from the judgment of conviction, securing an arrest of the judgment by a certificate of reasonable doubt. The appeal is still pending in the hands of the District Attorney of Herkimer county and no argument thereon has, at this date, been had. The civil actions against James Gallagher and against Syphert and Harrig were vigorously prosecuted by this Department and moved for trial. The defendants desiring to secure settlement of the actions, the full facts and history of the cases were stated in open court to Mr. Justice De Angelis and upon the Court’s direction, settlement of the actions was made for the sum of $10,000. Beaver River Reservoir Litigation In the case of People v. Mary L. Fisher, et. al. (116 App. Div. 677; too N. Y. 468), the Department secured an important decision as to the character of the State’s ownership of lands, located within the Forest 388 FIFTEENTH ANNUAL REPORT OF THE Preserve counties but acquired by the State for canal purposes and secured an affirmance of a judgment recovered for penalties for the taking and destruction of timber upon the lands in question, the court holding that the land constituted a part of the Forest Preserve of the State. In 1887, the State, by the erecting of a dam constructed upon Beaver River, for the purpose of restoring to the Black River its natural supply of water for industrial use, overflowed and appropriated 1,594.22 acres of lands owned by Mary L. Fisher. A claim for damages was thereafter filed by Mrs. Fisher for the permanent appropriation of the lands so over- flowed with the Court of Claims, that court awarding Mrs. Fisher $9,970 thereon. In 1897, the Superintendent of Public Works, by reason of an increase in the height of the Beaver River dam pursuant to chapter 469 of the Laws of 1892, caused a right-angle survey to be made by which 2,754 additional acres required for the enlarged reservoir and surrounding it were permanently appropriated, and for which Mrs. Fisher made claim and was awarded and accepted $4,500 for the permanent appropriation thereof. In December, tgo5, the agents of Mrs. Fisher entered upon that portion of the 2,754 acres of land which lies between the flow line of said reservoir and the line as described by the right-angle survey and cut 1,033 trees. Action was thereafter brought by the Department, under the Forest, Fish and Game Law, to recover penalties and damages for the trespass. The defendants contended that the State never obtained any title to the lands from which the timber was cut and removed, and that if the State did obtain any interest or title therein it was a permanent easement only, which did not deprive the defendant Fisher from removing or author- izing the removal of the trees therefrom. The case was referred to Frederick G. Fincke, Esq., who, after trial, found for the plaintiff, and appeal by the defendants to the Appellate Division resulted in affirmance of the judgment in favor of plaintiff by a divided court. The judgment was unanimously affirmed by the Court of Appeals upon opinion of Judge Chase, from which we quote the follow- ing portion: FOREST, FISH AND GAME COMMISSIONER. 389 “The defendants also insist that the lands upon which the trees were cut are not within the forest preserve and that if they are not within the forest preserve this action, which is brought pursuant to section 222 of the Forest, Fish and Game Law (L. 1go00, ch. 20), cannot be sustained. “ The language of the statute specifying the lands which are included within the forest preserve is clear and definite and does not in itself require construction. Its plain and positive language is made even more certain by the fact that some exceptions are stated therein. It is suggested that serious trouble and inconvenience may arise if lands owned by the State within the boundaries of the forest preserve but not specially purchased and held as wild forest lands are treated as a part of the forest preserve. The questions that may arise about lands owned by the State within the boundaries of the forest preserve, but which are now devoted or which it may be desirable to devote to purposes other than as wild forest lands, may be left for solution when they arise. “ The lands upon which the trees were cut are wild forest lands owned by the State within the forest preserve, and although acquired pursuant to the statutes relating to the canals and works belonging to the State connected with the canals, were acquired for purposes and objects directly connected with the forest preserve and the preservation and supply of water in the streams leading from the forest preserve. “ The lands in question are not only owned by the State, but their retention as wild forest lands is within the spirit as well as the letter of the statute creating and defining the preserve. The control of such forest lands should be and is with the Forest, Fish and Game Commission, and the action was therefore, properly brought pursuant to the Forest, Fish and Game Law.” The status of wild forest lands within the Forest Preserve counties, acquired by the State for purposes other than forest preservation was thereby finally and definitely determined and the jurisdiction of the Forest, Fish and Game Commission and application of the statute to such land became settled beyond further question. 390 FIFTEENTH ANNUAL REPORT OF THE John Brown’s Tract Litigation On January 16, 1896, the State purchased from William Seward Webb and the Ne-ha-sa-ne Park Association 75,366 acres of land situate in Her- kimer county, the consideration paid by the State therefor being the sum of $600,000. Among the lands conveyed were 15,289 acres situated in Township 8, John Brown’s Tract, in which township there was retained by Webb, all the land immediately surrounding Fourth Lake, Big Moose Lake, Twit- chell Lake, Moose River and several other smaller streams and lakes aggre- gating in area 17,711 acres. The deed from Webb to the State contained the following covenant in relation to the future use of the land owned by Webb in Township 8 but not conveyed by said deed: “ The said William Seward Webb and the Ne-ha-sa-ne Park Associa- tion for a valuable consideration to them duly paid for themselves, their heirs and assigns, jointly and severally covenant and agree to and with the party of the second part, its successors and assigns that none of the remain- ing lands in said Township 8, John Brown’s Tract, belonging to the party of the first part or either of them which have not been heretofore contracted by them to be sold shall be used or sold for commercial, agricultural, manu- facturing or other purposes except as mentioned in said Thompson con- tract, but the same shall by the parties of the first part, their heirs and assigns, be used and sold exclusively for permanent forestry, hotel, camp and cottage purposes, and all deeds of the same from said parties of the first part or either of them, their heirs, successors or assigns shall contain a clause as to said remaining lands in said Township 8, binding the purchase thereof, his heirs and assigns to a perpetual use of said land for permanent forestry, hotel, camp and cottage purposes.”’ A portion of the land thus retained by Webb and to which the above covenant attached, situated upon Fourth Lake in the vicinity of Eagle Bay and being known as Eagle Point, was thereafter conveyed by Webb to William J. Thistlethwaite. FOREST, FISH AND GAME COMMISSIONER. 391 On March 6, 1905, Thistlethwaite entered into a contract with the Hinckley Fibre Company whereby Thistlethwaite sold to said company, upon this Eagle Point property: “The softwood timber suitable for lumbering or manufacturing pur- poses above four inches in diameter, two feet from the ground, and the hardwood timber above ten inches in diameter, two feet from the ground.”’ Under this contract the Hinckley Fibre Company entered upon the land in question and proceeded to strip it of practically all growing timber thereon. In March, 1907, this Department commenced action against the Hinckley Fibre Company and Thistlethwaite for a violation of the terms of this covenant and to secure an injunction restraining the defendants from cutting any of the timber upon said lands for commercial or other pur- poses, except a perpetual use of said lands for permanent forestry, hotel, camp and cottage purposes. This action necessarily involved a construction of the above covenant and a judicial determination as to the permitted use of the reserved land subject to this covenant. This action was vigorously opposed by the defendants; their contentions being that the acts done and contracted to be done were permitted under the terms of the covenant as a practice of permanent forestry and as a preparation of the lands in question for use and sale for hotel, camp and cottage sites. The land to which the covenant applied was extensive in area and had become covered with a valuable forest growth which the owners desired to lumber and market. The action was referred to Hon. Milton H. Merwin, referee, who after an extended trial granted judgment for the plaintiff restraining the defend- ants from further operations on the tract under the lumbering contract and held that such lumbering contract was in violation of the covenant. Appeal was taken to the Appellate Division, Fourth Department, from the judgment entered on the report of the referee and that court affirmed the judgment upon the opinion of Merwin, referee, from which opinion we quote the following: “The policy of the State was to have a preserve of wild forest lands. The restrictive covenants did not go so far as to impose limitations upon what would otherwise be the ordinary use as then understood. 32 392 FIFTEENTH ANNUAL REPORT OF THE “ By the law as it then existed, the forest commission was charged with the duty of protecting all forests in the forest preserve. It had charge of the public interests of the State with regard to forestry and tree planting and especially with reference to forest fires, and was charged with certain duties in the formation of an interest in behalf of forestry in the schools of the State: It may, I think, be assumed that the forest commission in the discharge of its duty to the interest of the State, obtained the cove- nant in question. yi “TI am of the opinion that the use and sale in question is within the prohibition of the negative covenant; that the affirmative covenant should not be construed to nullify or override the negative covenant and there- fore does not justify the said use and sale; that such use and sale cannot be justified upon the theory that they are allowable by way of preparation for sale for camp and cottage purposes; that the plaintiff is entitled to an injunction restraining any further cutting under the said agreement or sale.”’ By this decision the Department established that commercial lumber- ing operations upon these reserved lands were not permitted under the terms of this covenant and that the shores of the beautiful lakes and streams in this popular region of the Adirondacks will remain covered with the natural forest growth and be beyond the reach of the lumberman and free from his devastation and destruction. Special Counsel Litigation In the case of People v. Santa Clara Lumber Company, Attorney- General Jackson, shortly after assuming office in 1907, applied to the Su- preme Court to be submitted as the attorney of record instead of Messrs. Lewis & McKay who had been designated by former Commissioner D. €. Middleton, and also to vacate and set aside all proceedings in the above action subsequent to the service of the defendant’s answer: The judgment sought to be set aside by this motion was one entered upon the stipulation of former Commissioner Middleton, by which stipula- MOOOG( FOREST, FISH AND GAME COMMISSIONER. 393 tion and the judgment thereon, the title of the land alleged to be owned by the State and upon which the trespass in. question occurred, was con- firmed in Ferris J. Meigs, the lessor of the defendant company, and the stipulation provided for a deeding of other lands in the forest preserve to the State as a part of the compromise and settlement. Upon the first hearing of this motion, the Attorney-General, in open court, refused the request of the general counsel for the Forest, Fish and Game Commis- sion to act with him in asking to have the said judgment vacated, because the Attorney-General wished, as he said, to raise sharply the question whether he had the absolute and exclusive right to prosecute and defend every action and proceeding in which the people were interested and insisted that the statute authorizing the Forest, Fish and Game Commission. to employ an attorney to prosecute the action in question was unconstitu- tional. The Attorney-General having asked to be substituted as attorney of record and having refused to appear except by virtue of his absolute and exclusive right to be substituted as attorney, the Court, at Special Term, considered that question only, and held that the Forest, Fish and Game Commission had power under the statute without the consent of the Attorney-General to employ attorneys to prosecute actions to prevent injury or trespass to the Forest Preserve and that it was. not the exclusive right, constitutional or otherwise, of the Attorney-General to. prosecute such actions (55 Misc. 507). From the order denying the motion of the Attorney-General to be substituted as attorney of record, an appeal was taken to the Appellate Division, Third Department, and this court sus- tained the decision of the Special Term, holding that the Attorney-General had not the constitutional right to be substituted as such attorney of record and the proceeding was remitted to the Special Term for hearing upon its merits as to that part of the motion which sought to vacate and set aside the judgment and all proceedings after the answer. Mr. Justice Kellogg of the Appellate Division in referring to the con- tention of the Attorney-General as to his constitutional right to represent all the State departments and bureaus and to prosecute and defend all actions for and against the people of the State, said: ~ The Special Term denied the motion but without prejudice to. the renewal thereof upon the part of the plaintiff to vacate the judgment upon 394 FIFTEENTH ANNUAL REPORT OF THE the same or different papers; the opinion filed shows that said motion was denied upon the ground that the Attorney-General had no right to make it. ‘For the purpose of determining the right of the Attorney-General to make the motion, we must assume that the allegations in the moving papers are true. The Attorney-General is a constitutional official and his principal duties are from time to time defined by statute. We cannot agree with him that he alone is authorized to represent the State as attorney in bringing actions in the name of The People of the State. The statutes from time to time define the rights, the duties and the authority of the different State boards as well as of the Attorney-General and where per- mitted by statute such boards may bring actions in the name of The People by special counsel employed by them. The Forest, Fish and Game Com- mission is authorized in the name of The People, through special counsel, to bring actions to recover damages for trespass on lands in the forest preserve. The action was, therefore, properly brought and the Attorney- General has not the right to insist upon being substituted as attorney in place of the special counsel acting for the commission.”’ Upon a subsequent hearing at Special Term, this department applied for a vacating of the judgment and a setting aside of all proceedings subsequent to the joinder of issue, and a decision was made and order entered thereon vacating and setting aside the stipulation, order and judgment and all proceedings subsequent to the answer in the action, and canceling the deeds of record given under the settlement agreement. An appeal was taken from this order which is now pending undeter- mined in the Appellate Division, Third Department. By this litigation the constitutionality of the statutes conferring upon various State boards and commissions the power to employ counsel to prosecute and defend its legal business has thus far been settled in favor of the validity of such acts. For many years past it has been the policy of the State, in the interest of a thorough and competent prosecution of its legal business to enact stat- utes of this character, and the necessities of various departments of the State government, of which none is more obvious and urgent than those of the Forest, Fish and Game Commission, demand the services of attorneys FOREST, FISH AND GAME COMMISSIONER. 395 who are specially qualified in the legal matters constantly demanding attention. In this Department, outside of the fish and game violations, the Com- mission is charged with the care, control and custody of all the land in the Forest Preserve comprising 1,641,523 acres, and the legal business in the care of this vast property, in the prevention of trespass and invasions upon the public rights, and in the defense of attacks upon its title, is of great importance and involves large interests of the State. The Legislature, in the enactment of the statute conferring the power upon the Commission to employ counsel, have recognized the great import- ance of the needs of the Department in having in its service attorneys who are skilled and familiar with its special litigation, and the decision of the court in this case sustaining the constitutionality of such statutes is one of far-reaching importance and of great benefit to this and other depart- ments of the State government. Woodruff Road Litigation In 1907, Timothy L. Woodruff made application to the Forest, Fish and Game Commission, under section 220 of the Forest, Fish and Game Law (chapter 20 of the Laws of 1900), for the approval of a. route of-a proposed highway or the designation of such other route as might.be proper, over and across certain lands in Township 4, Totten and Crossfield’s Pur- chase owned by the State and being a part of the Forest Preserve. The highway sought to be constructed was intended to connect by a direct route the premises of Mr. Woodruff in Township 6, known as Kamp Kill Kare, and premises owned by him in Nivin’s Tract in Township 4. The application was made to the Commission invoking the exercise of the power vested in it by the above section to “lay out roads and the paths ”’ in the Adirondack and Catskill Parks — the right to the approval of said proposed route being based upon a reservation of five acres out of every hundred acres for highways contained in the original patent by the State, pursuant to chapter 67 of the Laws of 1786. 396 FIFTEENTH ANNUAL REPORT OF THE The important question was raised by this application as to the right of the Commission to lay out a highway over the lands of the State con- stituting its Forest Preserve, by reason of the reservation for highways contained in the original patents and by the authority and power conferred upon the Commission by the statute. j The application was denied by James S. Whipple, Forest, Fish and Game Commissioner, from whose decision thereon we quote the follow- ing excerpts: “ If the proposed highway is to be a public highway, then unless au- thority is found to lay it out across the park lands of the State in the Forest Preserve by virtue of the fact that five acres in every hundred acres were reserved in the grant made by the State more than one hundred years ago, it cannot be laid out. If it were admitted that originally after the con- vevance from the State that it could have been done, can it be admitted now after the lapse of more than a hundred years and after the State has again acquired the complete title to the lands across which it is proposed to lay out said road? In other words, having again obtained the complete title to the lot, is not the reservation merged in the general title in the State? Under the Constitution, can any portion of the Forest Preserve of the State of New York be taken for highway purposes on the principle of the ancient reservation as stated in this petition? ! ‘In view of all the facts and the very serious doubt as to whether any right exists which the petitioner can through this Commission or in any other way take advantage of to obtain said highway, the application is denied.” The decision of the Commissioner being primarily based upon the want of power to act, Mr. Woodruff made application to the Supreme Court for a writ of mandamus commanding the Commissioner to approve the proposed route or to lay out such other route as might be proper. This application was denied by Mr. Justice George H. Fitts, from whose decision an appeal was taken to the Appellate Division where the decision of the Special Term was unanimously affirmed. Mr. Woodruff then made application to the commissioners of highways of the town of Arietta, Hamilton county, the town and county in which the lands in question were situated, requesting that the commissioners FOREST, FISH AND GAME COMMISSIONER. 397 by reason of their common law powers and the provisions of the highway law of the State lay out in accordance with law the highway in question; the application being opposed by the Forest, Fish and Game Commis- sioner was denied by the highway commissioners in a decision holding “that the provisions of the patent referred to in said petition do not con- stitute a dedication of land for highway purposes within the meaning and intent of section 80 of the Highway Law, and upon the further ground that if the provisions of said patent do constitute such dedication that the lands through which the proposed highway is to be opened, being situate within and constituting a part of the Forest Preserve, that said commis- sioners of highways have no jurisdiction to grant said application.” An agreed controversy upon the application to and decision by the highway commissioners was thereafter submitted to the Appellate Divi- sion, Third Department, and the following questions were presented to the court for decision: t. Whether the letters patent constitute a dedication of five acres out of every hundred acres over which the highway commissioners of the town of Arietta, Hamilton county, could exercise jurisdiction for the pur- pose of laying out a highway therein as provided by section 80 of the High- way Law? 2. If said letters patent constitute a dedication of five acres out of every hundred acres over which the highway commissioners of the town of Arietta, Hamilton county, can exercise jurisdiction for the purpose of laying out a highway, are said commissioners deprived of jurisdiction for said purpose by reason of the lands being situated in and constituting a part of the Forest Preserve of the State? The questions thus presented were determined by the Appellate Divi- sion in favor of the State and judgment was directed accordingly. From this judgment an appeal was taken to the Court of Appeals, which court dismissed the same. The result of this litigation is one of far-reaching importance and indicates the impossibility of procuring highways across forest preserve lands so long as the Constitution remains unchanged and continues to im- press upon the preserve the character of a wilderness to “ be forever kept as wild forest lands.”’ 398 FIFTEENTH ANNUAL REPORT OF THE Railroad Forest Fire Proceeding In September, 1908, James S. Whipple, Forest, Fish and Game Com- missioner, made application to the Public Service Commission, Second District, under section 72 of the Forest, Fish and Game Law, for an order requiring the railroads in the Forest Preserve counties to change their fuel from coal to oil or to electric power. The preliminary hearing was had upon this application by the Public Service Commission on October 12, 1908, at which hearing all the railroads cited to appear, the Forest, Fish and Game Commission and several large forest property owners, as well as organized societies for forest protection, were represented and a personal examination of the area burned by rail- road fires during the season of 1908 was arranged. Upon this inspection, which occurred October 15, 1908, the Public Service Commission was represented by Commissioner Osborne, from whose report thereon we quote the following: “In order to protect the forests in the future some more efficient measures must be taken by the railroads than those now in use. “IT may say for my own part that I gravely question whether the damage for this year may not prove to be greater than that of 1903. At that time large tracts of timber were destroyed; but it was in the spring of the year and the ground was not so dry as during these present fires,- which have to a large extent burned over the same area, destroying a great deal of the spongy, mossy earth, the floor of the forest, which nourishes the vegetation and which would have enabled the trees to grow up again within a generation or so. There are now large tracts burned down to the bare rock; not only the forests but the foundation of the forest gone. That can probably never be replaced. I do not mean to exaggerate the picture, or to intimate that the whole or even the greater part of the Adirondacks is wrecked; fortunately, it is not so bad as that. But it is undeniable that a vast territory has been seriously and a great deal of it irretrievably damaged.” The railroads vigorously opposed the application and requested that hearings be had at which testimony might be taken showing the causes and FOREST, FISH AND GAME COMMISSIONER. 399 extent of the fires and damage therefrom caused by railroad operation, and in accordance with such request a large number of hearings were held at Tupper Lake, Saranac Lake, Malone and at Albany, and 3,000 pages of testimony were taken bearing upon the cause and extent of railroad fires and the adequate and practical remedies to prevent and eliminate their recurrence in the future. The testimony taken was limited to the conditions existing along the right of way of The Mohawk and Malone division of the New York Central from Utica to Malone, and along the right of way of the Chateaugay branch of the Delaware & Hudson Company from Plattsburg to Lake Placid, and to the adequacy of the remedies proposed to cure the evil and menace. From this testimony it was established, and the Public Service Commission so held, that the railroads were responsible for 4o per cent of the forest fires occurring in the Adirondacks during the year 1908. Upon the question of remedies the Forest, Fish and Game Commission proposed and established by proof before the Public Service Commission the practicability of oil burning operation as a complete and effective remedy against the conditions disclosed, and the railroads opposed this remedy and urged as a substitute the improvement to ash pans and netting in front end of locomotive; the cleaning of right of way by removal of combustible material by burning and the cutting and removal of grass and weeds therefrom twice a year; the organization and maintenance of a fire patrol; the installation of telephones and fire train equipments. The substitute urged by the railroads was substantially identical with the requirements of the statute which had been in existence for several years, and the railroads proposed as a remedy to this deplorable condition merely the methods of prevention which the statute already required them to perform. Much expert and practical testimony was taken bearing upon the efficacy and adequacy of the remedies proposed, with the result that the proof established the efficacy of the remedy proposed by the Forest, Fish and Game Commission beyond question, and that the proposals of the railroads, while as preventive measures might be of some value, as an absolute cure, were inadequate. 400 PIPIBENDH ANNUAL REPORT OF DHE The proceeding covered a period of six months, and the Public Service Commission gave to the subject a most thorough investigation and con- sideration — its final decision being the substantial adoption of the remedy proposed by the Forest, Fish and Game Commission, that of oil burning operation, and providing for complete installation of such operation by April 15, tgt0, upon the Mohawk & Malone, Carthage & Adirondack, and New York & Ottawa branches of the New York Central system; the Chateaugay branch of the Delaware & Hudson Company, and upon the Cranberry Lake railroad. The result of this proceeding was one of great importance and most beneficial to the interests which this Commission is charged with having custody, control and supervision, and to the great interests of forest preservation in this State. Experience has shown that by far the greatest menace to forest preserva- tion is that of fire, the prolific source of which was shown to be the railroads operated through the forest counties. Measures had been repeatedly suggested, laws had been enacted and remedies proposed, all in the hope of eradicating the evil of railroad fires, but the experience of 1908 showed that these remedies and measures had been unavailing. The damage and destruction done by fire not only includes the com- mercial value of the timber destroyed, but it comprehends the destruction of the forest floor which renders the soil unproductive for forest growth for centuries and completely ruins and destroys all its power to retain and store moisture. By this proceeding an order has been secured requiring methods of operation of the railroads in the Adirondacks by which the forests and the interests dependent upon them may be adequately and efficaciously pro- tected from destruction by fire from railroad sources. Saranac River Reservoir Litigation In r906 and 1907 the Paul Smith Electric Light and Power and Rail- road Company constructed upon the Saranac river at Union Falls, Clinton county, and at Franklin Falls, Franklin county, two dams of concrete and FOREST, FISH AND GAME COMMISSIONER. 401 cement construction for the storage of water for use in the generation of electric power in connection with its power plants at these places. In the early part of 1908 the above-named corporation filled its reser- voir at Franklin Falls to within ten to twelve feet of the crest of said dam and filled its dam at Union Falls to within about three or four feet from the crest of its dam. The waters of the Saranac river were thereby caused to be set back and to overflow and inundate forest preserve lands of the State bordering upon the said river and in its immediate vicinity, and a considerable quantity of timber was injured and destroyed by such inundation —the dam at Franklin Falls flooded an area of the State land to the extent of ninety acres and caused the destruction of upward of 2,500 live and growing trees, and the dam at Union Falls flooded an area of the State land to the extent of 200 acres and caused the destruction of upward of 5,000 live and erowing trees. Injuction actions were commenced by this Department and a temporary injunction was granted in each case restraining The Paul Smith Electric Light and Power and Railroad Company from raising and setting back the waters of the Saranac river upon the Forest Preserve lands of the State at any greater height than they were wont to be maintained by nature, and from taking and appropriating for its corporate uses and purposes the said lands of the State and from destroying and injuring the timber standing and growing upon the said lands by the maintenance and operation of its said dams at Franklin Falls and at Union Falls. Although the actions have not been brought to trial, by reason of dilatory motions and appeals made by the defendant, the temporary injunc- tion still remains in force and is as effective for the protection of the State’s rights as if a permanent injunction had been granted. A third action was thereafter commenced by the State against this company to recover penalties and damages for the destruction of timber upon its forest preserve lands, the amended complaint in that action demanding a judgment for $144,960. Immediately after the joinder of issue in these actions the defendant made dilatory motions; first, for the settling and framing of issues of fact and direction of their trial by jury in the two injunction actions, and, 402 FIFTEENTH ANNUAL REPORT OF THE second, for a consolidation and trial of the three actions as one action. These motions were denied at Special Term and appeals taken by the defendant to the Appellate Division, and said appeals are now awaiting the decision of that court, argument thereon being recently made. The defendant corporation for its own profit and advantage and with full knowledge that its acts were in violation of the statute and Constitution entered upon the lands of the State taking them for its corporate uses and purposes and caused the destruction of a large quantity of timber thereon. In these actions the Department has succeeded in restraining the invasion of the defendant upon the public rights in the public domain and has sustained the integrity of the Constitution, the express prohibitions of which the defendant corporation openly and defiantly violated. Fishway Litigation On August 6, 1906, James S. Whipple, Forest, Fish and Game Com- missioner, made an order pursuant to section 209 of the Forest, Fish and Game Law (chapter 20, Laws of 1900), requiring the Deposit Electric Com- pany to erect an efficient fishway in its dam constructed and maintained by it upon the west branch of the Delaware river at Stilesville in Delaware county. The order provided the character of the fishway to be erected and the method of its construction. The Deposit Electric Company pursuant to statute permitting an application to be relieved from the order, applied to the Supreme Court to vacate the order so made. Upon this application the petitioner raised and urged several specific objections and reasons why the said order should be vacated and set aside. The petitioner’s contention being that upon the facts as established by the proofs used upon the applica- tion it was shown that the order made by the Forest, Fish and Game Com- missioner was made without authority and should be vacated, and that the statute directing the erection of a fishway was unconstitutional so far as the dam of the petitioner was concerned, in that compliance with the order amounted to an interference of vested rights and the taking of private FOREST, FISH AND GAME COMMISSIONER. 403 property without making compensation therefor; and upon the further ground that the dam in question having been maintained for upward of seventy-five years the owners thereof had acquired an easement by prescription to continue to maintain it in the same manner. . This proceeding was the pioneer case testing the Constitutionality of the statute and the power of the Commissioner thereunder, and the facts im the case were most unfavorable to the contention of the State and per- mitted the raising of almost every legal question which could be litigated under the order in question. Mr. Justice Lyon, before whom the application was heard, upheld the constitutionality of the statute and the power of the Commissioner to make the order thereunder, and slightly modified the terms of the order as to the period of time during which the fishway should be maintained by the petitioner. Appeal was taken to the Appellate Division, Third Department, and this court affirmed the order appealed from upon the opinion of Mr. Justice Lyon, in which it was held that the rights of the Deposit Electric Company to maintain its dam had at all times been subject to the rights of the public. We quote the following from the opinion of Mr. Justice Lyon: “ The people of the State have also as an easement in this stream the right to have fish inhabit its waters and freely pass to their spawning beds and multiply; and the right to take and use such fish for food, subject to such regulations as the Legislature may prescribe, and no riparian pro- prietor upon the stream has the right to obstruct the free passage of fish up the stream to the detriment of other riparian proprietors, or of the public. “ Not only has the Legislature the right to protect and regulate the easements of the right of an unobstructed navigation of the streams of the State, and of the right of an unobstructed passage of fish through such waters, but it has also the right to prohibit the taking of fish therefrom, and even from private waters within the State, and the discharge into the streams of substances harmful to fish, and such power has been frequently exer- cised, and such exercise repeatedly held to be constitutional and valid.” This decision holding that fish running at large are jerae naturae, and while in their natural element unconfined are public property and that no person can acquire property therein except by lawfully taking and reducing 404 FIFTEENTH ANNUAL REPORT OF THE them to possession, and that the Legislature has the right to protect and regulate the easement of the public to the unobstructed passage of fish through the streams of the State, and that the Forest, Fish and Game Commissioner acting under the statute has the power to order the placing of a fishway in a -dam, is one of great importance and by it the right of the public to regulate, control and protect the fish life in the waters of the State, either public or private, firmly established. : There are many instances where dams have been constructed at or near the mouths of small streams, and which dams have prevented the passage of fish up the stream and deprived the fish of their necessary, proper and adequate spawning and feeding grounds, which can now be remedied by the order of the Commissioner providing for the erection of fishways therein. Domesticated Deer Litigation Charles F. Dieterich, who owned and maintained a private deer preserve at Mill Brook in Dutchess county, which preserve was originally started by the purchase of domesticated deer outside of the State of New York, in 1906 presented to the American Express Company at Mill Brook for trans- portation to New York city several carcasses of deer and venison, marked as deer and venison raised in confinement, and killed in his preserve. The express company, upon the advice of the Forest, Fish and Game Commis- sion that such transportation would be illegal, refused to receive and trans- port the venison. Action was immediately commenced by Mr. Dieterich against the American Express Company for an injunction restraining and enjoining the express company from refusing to receive and transport the venison from deer raised in confinement in his preserve. The defendant company demurred to the complaint and the Forest, Fish and Game Commissioner was permitted to intervene as party defend- ant, and the defense of the action was thereafter conducted by the Legal Department of the Commission. The demurrer was sustained by the Trial FOREST, FISH AND GAME COMMISSIONER. 405 Couzt by Mr. Justice O’Gorman upon his opinion vacating the temporary injunction. Appeal was taken to the Appellate Division, First Department, which court affirmed the decision of Mr. Justice O'Gorman by a divided court. From the prevailing opinion of Mr. Justice Houghton we quote the following: “These provisions, which cannot be deemed unreasonable, have as their object the better protection of the fish and game of the State. Con- fessedly, one of the best means of preventing the illegal taking of fish and game is to deprive the pot hunter and the pot fisher of a ready market. If he has no market the temptation to take illegally is largely removed. The most effective way of depriving him of a market is to deprive him of means of transportation. This the Legislature has attempted to do by prescribing that common carriers shall not accept for transportation, carcasses of deer, except one, and that accompanied by the owner. In so doing we are of the opinion that the Legislature intended to prohibit the transportation of all deer whether wild or domesticated, even if such a term can be applied to such an animal, which is very doubtful.” An appeal was taken to the Court of Appeals by the plaintiff and the judgment reversed by that court, Judge Vann, dissenting from its decision. The opinion of the court by Judge William Bartlett states as follows: “ The sections of the statute relating to deer which we are called upon to construe in this case deal with two subjects: (1) The killing of deer, and (2) the transportation of venison. Section 7 prescribes the open season for deer and provides that deer shall not be taken at any other time. I think that this prohibition may fairly be held to comprehend all deer whether wild or domesticated. While the purpose of the Legislature by this enactment doubtless was to prevent the killing of wild deer except in the open season, it possessed the constitutional power to prohibit the killing of all deer during the close season in order to prevent an evasion of the principal prohibition. When we come to the provisions that no person shall take more than two deer in the open season and to the provisions relating to the transportation of venison, it,seems that a different intention is disclosed and that those parts of the statute apply only to wild deer. As the law stands I think that domesticated deer may lawfully be killed 406 FIFTEENTH ANNUAL REPORT OF THE and the venison thereof may lawfully be accepted for transportation by an express company in this State without restriction as to number pro- vided this is done only in the open season.” The provisions of the statute under consideration in the Dieterich case, and under which the court held it to be lawful to transport any number of domesticated deer killed in this State during the open season, was amended by the Legislature in 1909, and provision is now made for the regulation and control by the Forest, Fish and Game Commission of the transporta- tion of domesticated deer when shipments are accompanied by a permit issued by the Forest, Fish and Game Commission under conditions prescribed by the Commissioner. The right to raise and propogate in confinement deer and to supply venison to the market during the open season is calculated to have a salutary effect upon the protection and preservation of the wild deer of the State, for the reason that the necessities of the game market, which can be sup- plied with domesticated deer as well as deer from without the State, are no longer such as are likely to tempt and inspire the taking of native wild deer for such purpose. Land Title Examination In addition to the litigated work, the legal department has also had charge of the examination of all titles for lands purchased and condemned by the State for preserve purposes in the Adirondack and Catskill Parks, as well as the titles of all lands purchased for other commission purposes. Prior to the organization of the Legal Department, the examination and investigation of land titles were distributed among local attorneys and the results from this method of examination were slow, expensive and far from being satisfactory, and in some instances, by reason of the inexpert- ness of the examiners as to forest land titles, the examination and proofs were inadequate and insufficient. Mr. John J. Inman of this Department has had sole charge of this work for the past three years, and the results of his work, which is shown by his FOREST, FISH AND GAME COMMISSIONER. 407 report herewith submitted, amply justifies the change made in the method of performance of this important work —the present method not only being more efficient but also less expensive to the State. Two hundred and sixty-three titles have been referred to Mr. Inman for examination, involving offers aggregating 163,618 acres, for which the agreed price was $963,401. Of this number 118 titles covering 190,161 acres of land; the purchase price agreed upon being $673,521 were approved, g titles rejected and 138 titles are still pending. This work has been performed at a cost to the State of certainly less than 50 per cent. than it would have been under the local counsel system, and a greater degree of care and precaution has been exercised in the approval of titles. Upward of a hundred and fifty opinions have been rendered by this Department to the Commissioner, Superintendent of Forests, Chief Game Protector and others construing the various sections of the statute and upon matters relating to their official powers and procedure. In the prosecution of the legal work of the Department, our experience has demonstrated that the law, in order to be effective, must receive sub- stantial and not too technical enforcement; that the protective measures taken must be fair and reasonable in the scope of their operation and must be consistent and consonant with the intent of the Legislature in order to receive the support of moral sentiment and public opinion in favor of | its enforcement. ALBANY, N. Y., October 1, 1900. tf (a hj . i u Vy a WW/f/ \ > 7 - TAA , d, et " a yy ME y Hy, © g f GF gd mH ® . H YY ey Sos My eo ( fi fig ] Ty ae) we dS ; Ye S'S S P Me > Fe WY, 2 KMD - fd D\ een Tt CS BS ay i @ y ! on Wy i‘ A AS i x WY ws ” x hi i A Wet 4 WF ‘ H i a Ae S pe ts h c R ‘ a; ~ ’ ee. “on fis NI | | 9049 i | | 3 9088 01 | Il SMITHSONIAN INSTITUTION L | ean! se her tiaes hr MeL tis, rye? oH ee) bia aa * Res 7 SM eet _ Ane r Ae eet PET! iced ct Peers ia) Patna ay pate a) 4 ‘ee cy pie