File:Annual report (1906) (14562216069).jpg

Identifier: annualreport131415190newy (find matches)
Title: Annual report
Year: 1902 (1900s)
Authors: New York (State). Forest, Fish and Game Commission
Subjects: Forests and forestry Fisheries Game and game-birds
Publisher: (Albany, N.Y. : The Commission)
Contributing Library: Smithsonian Libraries
Digitizing Sponsor: Biodiversity Heritage Library

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nder the said agreement or sale. By this decision the Department established that commercial lumber-ing operations upon these reserved lands were not permitted under theterms of this covenant and that the shores of the beautiful lakes and streamsin this popular region of the Adirondacks will remain covered with thenatural forest growth and be beyond the reach of the lumberman andfree 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. G.Middleton, and also to vacate and set aside all proceedings in the aboveaction subsequent to the service of the defendants answer: The judgment sought to be set aside by this motion was one enteredupon the stipulation of former Commissioner Middleton, by which stipula-
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u Q o FOREST, FISH AND GAME COMMISSIONER. 393 tion and the judgment thereon, the title of the land alleged to be ownedby the State and upon which the trespass in question occurred, was con-firmed in Ferris J. Meigs, the lessor of the defendant company, and thestipulation provided for a deeding of other lands in the forest preserveto the State as a part of the compromise and settlement. Upon the firsthearing of this motion, the Attorney-General, in open court, refused therequest of the general counsel for the Forest, Fish and Game Commis-sion to act with him in asking to have the said judgment vacated, becausethe Attorney-General wished, as he said, to raise sharply the questionwhether he had the absolute and exclusive right to prosecute and defendevery action and proceeding in which the people were interested and insistedthat the statute authorizing the Forest, Fish and Game Commission toemploy an attorney to prosecute the action in question was unconstitu-tional. The Attorney-General

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