t FI5HERIE9
eiAMESfS

^

^ENEWyORKBOTANICALG0D^

J^'JSu,

NEW YORK

BOTANIC IDEN

CIVEM BYtT :

r-?!*"

^^'^^:^^ '^^^^^'fe/^*^^^^!^

vSccond Annaal I^eporf

of tl)e

(oniniissioners of J^isl)eries,
Qame and forest^

of the

atate of New ^lorl^.

WYNKOOP HALLENBECK CRAWFORD CO.,

PRINTERS.

NEW YORK AND ALBANY.

1S97.

vSecond Annaal I^eport

of the

Commi33ioner5 of Pi5f)erie5, (larne

and Poresfe.

A(ban>^, N. ^l., January 20, IS97.
Hon. James A. C 0'(irad>^,

3peaKv:r of the Assembly. Albany, >!. ^.:

3ir:— We bave tl)e honor to submit berevvitl)» as
req,Qired b\; law, tl)e official report of tl)is ^oard for tl)e
-\5ear ending 3eptember 30, 1096.
We are, sir,

Ver>^ tral>5 ^octrs,

I^arnet M. Davis,

President.

William R. Weed,
Ct)as. H. :^abcocl5,
Edward Thompson,
HendricI^ v3. Molden,

Commissioners of Pisfteries, Game and Forests.

^tatc of Nev ^orl^.

Commissioncr.s of Fisheries, Ciarae and Porcsts.

Barnet H. Davis, President,

Hendrick S. Holden, Commissioner,

William R. Weed,

Charles H. Babcock, '•

Edward Thompson,

Charles A. Taylor, Assistant Secretary,

Palmyra, N. Y.
Syracuse, N. Y.
Potsdam, N. Y.
Rochester, N. Y.
Northport, L. I., N. Y.
Albany, N. Y.

3tan<ling Committees.

Jvxecutive, .....
J'orest Preserve and State Lands,
Hatcheries, Fish Culture and Game,
Shellfish, Licenses and Permits, .
Legislation, ....

Messrs. Holden, Babcock, Davis.
Messrs. Weed, Holden, Davis,
Messrs. Babcock, Thompson, Davis.
Messrs. Thompson, Holden, Davis.
Messrs. Davis, Weed, Babcock.

3tate Pish Calturist.

A. Nelson Cheney,

Glens Falls, N. Y.

3upefintendont of Hatcheries.
James Annin, Jr., . . . . . . . . . Caledonia, N. Y.

3Qperintcn<Ient of Porest^
William F. Fo.v, Albany, N. Y.

Chief ciamc Protector and Porestcr.

J. W. Pond,
William Wolf, Clerk.

Albany, N. Y.
Albany, N. Y.

Assistant Chief Game Protectors and Porestcrs.

John E. Leavitt, ......... Johnstown, N. Y.

Mannister C. Worts, ........ Oswego, N. Y.

A. J. Mulligan, Audit and Pay Clerk,
A. B. Strough, Special Agent,
^L C. Finley, Special Agent,
J. J. Fourqurean, Stenographer,

Albany, N. Y.
Albany, N. Y.
Palmyra, N. Y.
Albany, N. Y.

Table of Contents.

Preface,

Report of Commissioners, ..........

Financial Statement, . . ......

Forest Preserve Fund,

Receipts and Disbursements on Account of Trespass on State Lands,

Shellfish Franchise Accouni-, ....

Summary of Fish-Net Licenses Issued,

Report of Fish Caught in Licensed Nets,

Statement of Fines and Penalties Account, .

Report of the Superintendent of Hatcheries,

Report of the Shellfish Commissioner, .

The Forest Preserve.

Suggestions and Recommendations, .

The State Reservation upon and along the St. Lawrence River,

Distribution of Fish, ...........

Black Bass and their Distribution in the Waters of the State,
By A. Nelson Cheney.

The American Saibling, ..........

By John Duncan Quackenbos.

Concerning Brook Trout and Conditions Favorable to their Propagation,
By A. Nelson Cheney.

Oysters and their Cultivation, .........

By Eihvard Thompson.

The Pike-Perch, ...........

By A. Nelson Cheney.

Notes upon New York Fishes Received at the New York Aquarium,
Bv Tarleton H. Bean.

page
13

15

19

72

73

73

74

75

77

IT 2
121

135

142

,76

192
199

203

207

TABLE OF CONTENTS.

PAGE

Report of Chief Fish and Game Protector and Forester, .... 252
By J. Warren Pond.

Schedule of Prosecutions for Violations of Fish and Game Laws, . 254

Schedule of Licenses to Use Nets to Catch Fish, .... 263

Schedule of Prosecutions for Violations of Fish and Game Laws, . 291
By Special Protectors.

Illegal Devices Seized and Destroyed, ....... 294

Illegal Devices Seized and Destroyed, ....... 299

By Special Protectors.

The Adirondack Deer, ........... 300

Number of Deer Killed, .......... 305

Shipments of Deer, ........... 306

The Three Mo.st Important Game Birds, ........ 310

By H. A. Surface, M. Sc.

The Ruffed Grouse, ........... 310

The Bob-White or Quail, . . . . . . . . . 317

The Woodcock, ............ 322

A Forestry Experiment Station, ......... 328

By William F. Fox.

Occupants of State Lands, ........... 334

Annual Forest Product, ........... 342

By William F. Fox.

Lands Purchased, ............ 371

The McEchron Purchase, ......... 371

The Webb Purchase, .......... 376

Litigation of Titles in the Forest Preserve, . . . . . . . 461

Decrease in Area of the Forest Preserve through Cancellation of Titles, . 466

The John Brown Farm, ........... 470

Oration of Hon. Henry L. Lyman at North Elba, N. Y., . . . 483

Forest Fires, 495

Stream Flow in Relation to Forests, 501

By George W. Rafter, C. E.

List of lUastrations.

PAGE

Dead Deer. ............ 13

I'nr, Mascalonge Jumps, 15

Shad Poles in New York Bay, 111

Oyster Steamer with -Mop" Hanging at Gangway, .... Facing 120

Star Fish Mop, 124

Steam Oyster Dredge, .......... " 124

Oysters, Natural Size, " 124

In the Forest, ........... 125

Tent Life in the .•\dirondacks, ........ " 128

Camping on the Lower Saranac, ........ " 128

At Home in the Forest, " 136

The Drinking Pool, .......... 144

The Last Fish for the Day, ......... 180

Trolling for Black Bass, ......... 184

Male Sunapee Trout or American Saibling, ..... " 184

A Land-Locked Salmon, .......... 185

Trout for Breakfast, .......... 188

Female Sunapee Trout or American Saibling. ..... " 188

Gaffing a Lake Trout, .......... igr

A Critical Moment, ........,, 192

Brook Trout from a Restocked Adirondack Lake. .... " 192

Male Brook Trout, .......... " 194

Position of the Hands in Stripping a Female Trout, . . . 195

Female Brook Trout, " 196

Stripping Trout, ........... 198

Starfish Picked from the "Mop," ........ " 200

'•Mop" Lifted Inboard. .......... " 200

9

lO

LIST OF ILLUSTRATIONS.

Enemies of the Oyster, .

" ToNGiNG " Oysters, ....

Tweezers for Lifting Out Dead Eggs,

The Pike-Perch or Wall-eyed Pike,

Tools of the Hatchery,

A Good Fish, .....

Adirondack Frost-fish or Round White Fish,

Male Land-locked Salmon or Ouananiche,

Female " "

Lake Trout,

Salmon Fishing,

Mated.

A Rabbit Hound,

An Open Shot, .

A Good Point, .

Ruffed Grouse or Partridge,

Ruffed Grouse on Nest,

Ruffed Grouse Nest,

After Grouse, .

Quail,

A Go at the Quail,

Setter Head,

Woodcock,

On the Trail. .

The Story of the Deer,

Pine Island,

Round Pond,

The Gerster Cottage,

Little Rock Island,

OsPREY Island, .

Facing

page

200
201
203
204
205
206
216
224
232
240

301
302

3°4
310
312
313
313
316
320
321
323
324
325
327
333
334
334

338

LIST OF ILLUSTRATIONS.

Pine Island,

On the Carry,

A Primeval Forest, .

The Professor's Camp.

Trout Lake,

Near Witchhopple Lake,

Big Crooked Lake, .

Salmon Lake.

Summit Lake,

Beaver River,

On the Beaver River,

On the Beaver River. . . ■ .

State Dam on the Beaver River, .

The John Brown Larm and Ho.mestead,

Stone Erected in Commemoration of the Deed of Gift,

Public Exercises at the Transfer of the John Brown

THE State, ........

John Brown's Crave, .......

The John Brown Rock, . . . .

John Brown's Writing-table, Chair and Bookcase,

A Burnt Forest, '

Log Jam in Hudson River at Big Boom, near Glens Falls,

Pulp Wood at Palmer, Upper Hudson River,

Undeveloped Water Pow'er on the Indian River,

Upper Schroon River Vallev. A Well-forested Drai.nage

Lumberman's Dam below Lake Pleasant,

Mill and Water Power .Abandoned on Account of

Draix.\ge Area, .......

Are,

Farm to

•^,

Deforested

P.-\GE

Facvii;

340

376

(1

384

i.i

392

•'

400

li

408

a

416

<t

424

ti

432

((

440

It

448

a

456

a

460

If

472

a

476

ti

480

<(

484

(t

488

It

492

500

it

500

(t

504

it

508

516

520

THE PRINTING OF THIS ENTIRE BOOX, INCLUDING THE
COLORED AND ARTOTYPE ILLUSTRATIONS, HALF-
TONES AND TEXT. WAS EXECUTED By
WYNKOOP HALLENBECK CRAWFORD CO.,
ART PHINTI NG WORKS,
ALBANY AND NEW YORK.

PREFACE

T

HE complete reports of the work of the
various Departments of the State are
often given to the Public a considerable
time after the date on which they were formally
presented to the Legislature in a preliminary form.
The delay is frequently beyond the power of any
particular Department to obviate owing to the
burden of work of this character to be performed
by the public printer. The report of the Fisheries,
Game and l-'orest Commission for the fiscal year
ending September 30, 1896, is no exception to
what has become almosi an established rule in this
respect, and the delay must explain any incongrui-
ties which may appear in the matter of dates.

The report of the Commission for the year 1896

devotes more space to the department of forestry

than to either fisheries or game for the reason that

the attention of the people of the State has been

especially called to matters pertaining to our forests

by recent constitutional provisions and by the

active policy of Governoi Black to secure a large

addition to the acreage of the Adirondack Park, the

great health and pleasure resort of our people, thereby

to foster the future water supply of our canals and

navigable rivers and to preserve the forests which yet

remain in something like their primitive condition, and upon

• ' wliich the water supply materially depends.

' The colored plates of fishes, which were such a marked

^■- feature of our report of last year, are also a feature of the

present report. And in addition to the fishes are presented representations in colors,
of our game birds, oysters, and enemies of the oyster. The colored plates were
made from paintings especially prepared for this report by Messrs. S. F. Denton and
J. L. Ridgvvay, artists eminent in this particular field. The half-tone and artotype
full-page illustrations are made from photographs also taken especially for this report,

14 PREFACE.

the latter from photographs made and contributed by Mr. Herbert L. Carpenter,
explaining and illustrating certain paragraphs relating to the forestry work of the
Commission. The head and tail-piece drawings, by Mr. Harry S. Watson, are some
of the best examples of this artist's work, and are highly commendable for their
truthfulness to nature and accuracy of detail.

Last year the report of the Commission contained the fish and game laws of the
State, but it was deemed advisable to omit the laws this year, for the reason that the
laws in force at the time the material for the report was given to the printer would be
amended by the Legislature before the volume could be printed and given to the
public, and therefore the laws are printed in pamphlet form separate from the report,
as provided by an act of the Legislature.

The thanks of the Commission are due to Dr. John Duncan Quackenbos, of
Columbia University, for the original article on the American Saibling or Sunapee
Trout, which has been introduced into the waters of the State during the year; to Mr.
H. A. Surface, of Cornell University, for an original article on Three Most Important
Game Birds ; to Mr. George W. Rafter, of the State Engineer's office, for the use of
an important article on Stream Flow in Relation to Forests ; and to Dr. Tarlton H,
Bean, for advance proofs of an article entitled Notes Upon New York Fishes.

Owing to the delay in publication of this report, the recommendations of the
Superintendent of Forests in relation to establishing a forestry experiment station
seem belated, and as if made after the suggestions had been adopted.

THE COMMISSIONERS.

RnPOhT

OK THE

(^ommts5ioner5 of pi5l)erie^, Game

and pore5ts.

To tf)e Honorable tl)e Legislature of tl)e 3tate of New ^orl^

N accordance
with section
8 of chapter
395 of the Laws of
1895, we have the
honor to submit
herewith a report
of the official oper-
ations of this de-
partment for the
fiscal year ended
September 30,
I 896.

The following
rules and regula-
tions, which were

adopl^^l by the Commission May 29, 1895, have been observed in the transaction
of the business of the department during the year:

1. Regular meetings of the Board shall be held on the second Tuesday of January,
April, July and October, at the office of the Commission, in Albany, and at such other
times and places as the same may be called.

2. Special meetings of the Board may be called at any time by the President, or,
in case of his disability, by the Executive Committee, or upon the written request of
any three Commissioners. Written notice of all special meetings must be given at
least 24 hours previous thereto.

THE MASCALONGE JUMPS.

1 6 REPORT OF THE COMMISSIONERS OF

3. A majority of the Board shall constitute a quorum for the transaction of
business, and all questions shall be determined by a majority o{ those present, a
quorum votinij.

4. The presidin;^ officer and all other members present shall vote upon all questions
unless excused by the Board.

5. The presidiuLf officer shall determine all questions of order; and, in case of
an appeal, a majorit}' present may overrule his decision.

6. The President shall preside at all meetings when present. In the ab.sence of the
President, the Board shall elect one of their number to preside.

7. The order of business of the Board shall be :

(i.) Roll-call.

(2.) Reading and correction of minutes of last meeting.

(3.) Report of Shellfish Commissioner.

(4.) Report of State Fish Culturist.

(5.) Report of Engineer (Superintendent of Forests).

(6.) Report of Chief Protector.

(7.) Secretary's report.

(8.) Report of y\uditing and Pay Clerk.

(g.) Report of Standing Committees.

(10.) Reports of Special Committees.

(11.) Miscellaneous and unfinished business.

8. The following standing committees of three each, of which the President shall
be one, shall be appointed by the President:

Committee on Forest Preserve and State Lands.
Committee on Hatcheries, Fish Culture and Game.
Committee on Licenses, Permits and Shellfishery.
Executive Committee.
Committee on Legislation.

9. It shall be the duty of the Committee on Forest Preserve and State Lands
to consider and report upon all matters of land purchases and business incidental
thereto, including the examination of ofTers which may be submitted, questions of land
value, the extent and nature of timber-thieving and measures which should be adopted
to suppress it ; also to consider and suggest plans for the better organization of the
Firewarden system, and other matter arising out of the business connected with the
forest and State lands in the care and custody of the Commission.

10. It shall be the duty of the Committee on Hatcheries, Fish Culture and Game
to have charge of all matters pertaining to the hatching, culture and distribution of

FISIIKKIES, CA.MK A Nil 1() RESTS. 1 7

fish; repairs and improvements to hatcheries; also, to look after the business and
interests of the Commission in reference to the protection and preservation of fish
and game.

11. The Committee on Licenses, Permits and Shellfish shall formulate and submit
the rules for licensing net-fishing, as provided by law, and also for granting permits;
and shall from time to time examine all licenses and permits granted, and ascertain
whether the terms and conditions of the same have been abused or violated. They
shall also have general charge of matters pertaining to the shellfish department not
specially delegated to the Shellfish Commissioner by law.

12. The Executive Committee shall examine and audit all accounts, bills and pay-
rolls and indorse the same with their approval, when passed ; and no bills or accounts
shall be paid until so approved; examine and check all books and accounts; examine
and check all regular and special reports of employes as often as once in each month
and report the result of such examination to the Commission at its first meeting there-
after. They shall also have a general supervision of the business of the Commission
and care and control of its interests when the Board is not in session.

13. The Committee on Legislation shall look after the necessary legislation of the
Commission ; shall examine and consider all proposed amendments or changes in the
fish, game and forestry laws or new laws affecting these interests, and shall submit to
this Board their opinion upon matters which, in their judgment, require legislative
action.

14. The foregoing rules may be altered or amended by vote of a majority of the
Commission, upon ten days' notice being given, which notice may be in open meeting
and entered on the minutes or by serving written notice.

2

l8 REPORT OF THE COMMISSIONERS OF

Commissioner Lyman, having been appointed by the Governor to the office of
State Commissioner of Excise, was succeeded on this Commission by Hendrick S.
Holden, of Syracuse, April 8, 1896. Mr. Holden was appointed to fill the vacancies
in the several standing committees caused by the retirement of Air. Lyman.

The committees are as follows :

St.'Wding Committees.

Forest Preserve and State Lands. — William R. Weed, Hendrick .S. Holden, l^arnet
H. Davis.

Executive. — Hendrick S. Holden, Charles H. Babcock, Barnet H. Davis.

Hatcheries, Fish Culture and Game. — Charles H. Babcock, Edward Thompson,
Barnet H. Davis.

Legislation. — Barnet H. Davis, William R. Weed, Charles H. Babcock.

Chapter 169, Laws of 1896, passed March u, 1896, to amentl chapter 395 of the
Laws of 1895, under which this Commission was appointed, provided, among other
things, for the compensation and expenses of the Commissioners ; for the designation
of one of the ]?oard to act as Secretary thereof; for the lease of an office in the city
of New York or Brooklyn for the transaction of business connected with the leasing
of lands under water, as provided by law; and for the appointment of an assistant
secretar)'.

Under the act referred to, an office was opened Ma\- I, 1896, at No. i Madison
avenue, New York city, for the shellfish department of the State, and Charles A.
Taylor was appointed assistant secretary of the Commission.

The following is a summary of the financial transactions of the Commission for the
fiscal year ;

KISIIKKIKS, (;AME and FORESTS.

19

Ftnancial Statement for tbe Fiscal *^Iear Endincj
September 30, 1396.

APPROPRIATION'S FOR GENERAL MAINTENANCE.

Receipts.

Balance October i, 1895, ......

Appropriation under chapter 1009, Law.s of 1895,

Appropriation under chapter 950, Laws of 1895 :
For Commissioners' salaries and e.xpenses,

Secretary, Engineer and office help,

Fish, Game and Forest Protectors,

E.xpenses of Shellfish Commissioner's office, .

Hatcheries and hatching stations.

Office expenses, .......

Building and equipping pond at Pleasant Valley, .

Exterminating billfish, Chautauqua Lake,

Exterminating billfish. Black Lake,

Acquiring water rights at Caledonia,

Payment of Firewardens' claims, ....

Disbursements.
For maintenance of hatcheries and hatching stations and collection

and distribution of fish and fi.sh fry, . Sched

Fish, game and forest protectors' salaries, and

e.xpenses, ...... "

Salaries of officials and clerical force, . "

Traveling and other expenses of officials, . '

Office expenses, ..... "

Office expenses, Shellfish Commissioner's office, "
Completion of Pleasant Valley hatchery, . "

Building and equipping ponds at Pleasant Valley, "
Exterminating billfish, Chautauqua Lake, . "

Exterminating billfish, Black Lake, . . "

Firewardens' claims, .... "

$4,638 37
50,000 00

10,535 00

9,866 66

27,030 00

2,000 00

36,666 66

4.542 9°

3,245 00

1,000 00

500 00

5,000 00

2,500 00

$'57,524 59

Balance, October i, 1896,

" A,"

$43,033

84

" B,"

34,560

64

"C,"

24,587

61

"C,-'

6,133

80

"D,"

9,637

25

"E,"

1,968

75

" F,"

249

15

"G,"

3,090

07

"H,"

240

69

"L"

254

48

"J,"

2,232

21

$125,988

49

•

31.536

10

$157,524

59

20

REPORT OF THE COMMISSIONERS OF

Hatchery Expenditures.

Adirondack Hatchery :

1895.
Sept. A. \V. Marks,
Joseph Otis,
W. D. Oviatt,

John G. Roberts,

Walton, Starks & Co.,
Eugene Keet,
Walker & Madison,

Saranac Inn,

t( it

Oct. Joseph Otis,
Ames Bros.,
Wm. Ames,
Joseph Otis, Sr.,

A. W. Marks,
W. D. Oviatt,

Alonzo Lamerie,
M. A. Roberts,

t( it,

Milo Otis,

John G. Roberts,

E. M. Weston,
A. W. Marks,

Nov. J. (i. Roberts,
Saranac Inn,
John G. Roberts,

labor,

disbursements,

salary,

expenses,

a

hardware,
harness repairs,
meat chopper,
lumber,
hardware, etc.,

labor,

board bill,

labor and use of horse,

labor,

expenses,

labor,

expenses,

board bill, team hire

labor,

expenses,

labor,

expenses,

salary,

board bill,

expenses,

e.xpenses, board,

expenses,

salary,
supplies,
board bill.

• $57

00

57

00

45

50

8

81

75

GO

16

45

2

98

9

35

3

50

6

00

17

3i

30

64

$7

50

8

00

33

50

58

90

5

90

58

90

5°

75

I

13

8

75

34

20

I

04

54

25

2

24

90

00

•5

5°

17

97

16

00

28

5°

$90

00

14

58

13

00

$329 56

493 03

Forward, $117 58 $822 59

FISHERIES, GAME AND FORESTS.

21

Brought forward,

Nov. John C. Roberts,
W. I). Oviatt,

Mose Minnie,
Peter St. Germain,
Will S. Ames,
Ames Bros.,
A. W. Marks,

Wallace Murray, .
S. F. Haywood,
Branch & Callanan,
Milo Otis,

u it

U. ¥.. Roberts,
Ray Stone,
Lewis Knowles,

Joseph Otis,

Joseph Otis, Jr.,

Dec. M. A. Roberts,
W. D. Oviatt,
Milo Otis,

Walton, Starks & Co,,
John C;. Roberts,

expenses,

labor,

expenses,

labor,

board and livery,

labor,

board bill,

labor,

expenses,

hotel bill,

hand grenades,

lumber,

labor,

expenses,

labor.

labor,

expenses

Irbor,

labor,

labor and expenses,

sundries,
salary, .
expenses.

A. W. Marks,

labor anc

Joseph Otis,

(( n

1896

Jan. A. W. Marks,

labor.

M. A. Roberts,

it

Joseph Otis,

^i

W. E. Oviatt,

a

John C. Roberts,

salary,

u a

expenses

$117

58

1 1

27

57

00

4

00

20

CO

7

25

21

00

2

50

57

00

1 1

90

4

50

5

00

i°5

00

45

00

I

38

57

00

31

50

42

00

57

00

10

56

13

75

$43

70

60

01

47

II

16

54

90

00

48

18

86

55

61

°5

$53

20

55

10

55

10

49

40

90

CO

19

60

$822 59

682 19

453 14

322 40

Forward, $2,280 ;^2

22

REPORT OF THE COMMISSIONERS OF

Feb. D. AV. Riddle,
A. \V. Marks,
M. A. Roberts,
Joseph Otis,
W. D. Oviatt.
John G. Roberts,

it a

A. R. Fuller,
O. S. Lawrence,

Mch. Wm. Austin,
A. \y. Marks,
Joseph Otis,
M. A. Roberts,
Walker & Matherson,
Schuler Sons,
Walton, Starks «& Co.,
John G. Roberts,

Tuffield Latour,

April M. A. Roberts,
Joseph Otis,
A. W. Marks,
Milo Otis,
John G. Roberts,

Riverside Inn,
Saranac Inn,
Crittenden & Co.,

May M. A. Roberts,
A. W. Marks,
Joseph Otis,
Milo Otis,
Joseph Otis, Jr.,
John G. Roberts,

sundries,

labor and e.vpenses,

labor,

labor and expenses,

labor,

salary,

expenses,

board, men and service,

oats,

Brought forvv'ard,
$12 67

58 >7
41 So

49 58

58 90
90 00
25 78
15 75
34 00

$2,280 32

labor, $4 50

labor.

57 00

58 90

labor.

58 9°

cans,

47 5°

wire cloth.

5 40

hardware.

8 40

salar}', .

yo 00

expenses,

4 34

hay.

48 00

labor and expenses.

$57 5°

" "

61 75

(( (( ti

60 50

labor.

30 00

salary.

90 00

expenses,

11 97

hotel bill,

5 00

supplies.

3° 72

fish food,

I 5 00

labor and expenses,

it U it

$72 76
70 20
40 00
54 00

team work,

7 00

salary, .

90 00

3S6 65

382 94

362 44

Forward, %i,i,2, 96 $3,412 35

FISHERIES, GAME AXD FORESTS.

23

Brought forward,

May

John G. Roberts,

expenses.

Lobdell & Gattan,

painting, etc

I line

A. W. Marks,
Milo Otis,

labor.

John G. Roberts,

salary, .

a a

expenses,

Walton, Stark & Co.,

hardware,

July

Crittenden iV Co.,

fish food.

Milo Otis,

labor,

A. W. Marks,

t.

John G. Roberts,

salary, .

" •• expenses,

Upper Saranac As.sociation, sundries,

Aug. Crittenden & Co., fish food,

American Net and Twine Co., nets,
L. \V. Noble, hay,

Milo Otis, labor,

John G. Rfiberts, salary and expenses.

Total Adirondack, . . . .

75

L.4
00

$57

00

45

00

90

00

5

14

13

88

$3

33

46

5°

50

90

90

00

7

04

22

59

$,

86

40

94

18

00

46

50

95

59

$3,412 35

414 60

228 36

202 89
$4,469 22

Beaverkill Hatchery:
1895.

Sept. H. E. Annin. salary, .

" " expenses,

Oct. Johnston & Albie,
N. Y., O. & W.,
Adams Express Co.,
James Fitzgerald,
H. C. Dodge,
S. F. Haywood,
C. B. Laraway,
H. E. Annin,

hardware,
freight, .

coal,

fencing and cartage

hand grenades,

labor,

salary and expenses.

$75

00

50

$7

38

55

90

7

15

60

75

5

28

24

GO

76

20

$75 5°

Forward,

$257 7'

24

REPORT OF THE COMMISSIONERS OF

Nov. M. R. Dodge,
Ahaiia Green,
Johnston & Albie,
Campbell & Co.,
A. Shaver,
W. D. Marks,
George Lawson,
Willis Twist,
Elmer Austin,
Charles Laraway,
H. E. Annin,
H. C. Dodge,
H. Gage,
James Willis,
Adams Express Co.,

Dec. H. C. Dodge,
A. Beekman,
James Fitzgerald,
J. T. Watson,
M. R. Dodge,
Aharia Green,
Johnston & Albie,
Willis Twist,
A. E. Shaver,
George Lawson,
William Ball,
Charles Larawav,
H. E. Annin,

1896.
Jan.

William Ball,
George Lawson,
A. E. Shaver,
M. R. Dodge,
Aharia Green,
Johnston & Albie,

livery, .

board and cartage,

hardware,

trout eggs and board,
expense account and labo
expenses and labor,
labor. Alder Lake,

labor, Beaverkill,
salary and expenses
team work,
labor,

carting,

lumber,

coal,

lumber,

livery and carting,

board,

hardware,

labor,

trout eggs and board

labor,

labor and expenses,

labor,

salary,

expenses,

labor and expenses, .

trout eggs and board,

livery,

board and cartage, .

hardware.

Brought forward,

$49 00

6 00

5 69
I 80

265 09

32 68

50 65

39 00

i« 75

45 0°

83 80

6 17

3 75

II 25

3 40

$257 7>

Forward

$14

35

28

31

13

04

7

66

9

5°

'9

00

27

28

21

00

145

33

54

^5

41

26

46

50

75

00

10

45

$10

36

34

82

173

40

6

00

5

42

4

04

622 03

51^ 93

$234 04 $1,392 '^7

FISHERIES, GAME AND FORESTS.

25

Jan. James Fitzgerald,
Charles Laraway,
H. E. Annin,

coal,
labor,
salary, .
expenses,

Brought forw'ard, $234 04 $1,392 67

7 46
46 50
75 00

6 07

Feb. Roscoe Manufacturing Co.. slabs, etc..

James Fitzgerald,
Charles Laraway,
H. E. -Annin,

Mch. James Fitzgerald,
Charles Laraway,
H. E. Annin,

April Aharia Green,

James Fitzgerald,
Charles Laraway,
H. E. .\nnin.

May M. R. Dodge,
Aharia Green,
Charles Laraway,
H. E. Annin,

June H. E. Annin,

M. R. Dodge,
Charles Laraway,

Aug. J. G. Miller,
W. E. Hall,
Johnson & .\lbie,
H. E. Annin,

coal,

labor,

salary and expenses,

coal,

wages, labor, .

salary and expenses,

cartage, .

coal,

labor,

salary and expenses,

cartage, .

labor,
salary, .
expenses,

salary,
expenses,
livery, .
labor.

cartage, .

board,

hardware,

salar\- and expenses,

Total Beaverkill,

$3

47

10

08

43

50

76

66

$8

61

46

5°

75

73

$2

00

3

'5

45

00

79

07

$5

00

5

75

46

50

75

00

9

13

$75

DO

I

53

3

00

21

00

$3

75

7

00

3

35

95

55

369 07

133 71

130 84

129 22

14 > 38

100 53

109 65

$2,507 07

26

REPORT OF THE COMMISSIONERS OF

Caledonia Hatchery:

1895.

Sept. Frank Redband,

salary, .

George Stewart,

labor, .

William Johnson,

ct

John N. Upton,

il

(ieorge Lawson,

ti

W. D. Marks,

a

Sylvester SelHck,

(C

George Reband,

mason, .

Johnathan,

labor.

Henry W. Mason,

it

William Ball,

carpenter

»

William Ball,

ii

Wells Fargo Fxpress,

on meat,

C. Khnck,

fish food,

McCabe Bros.,

•'

F. W. Miller,

lumber.

Jamie Annin,

carting cans

W. J. Williams,

lumber,

Walker & Matterson,

hardware.

C. A. Tighe,

brooms,

R. J. Myers,

books,

Oct. Frank Redband,

George Stewart,
William Johnson,
George H, Lawson,
W. D. Marks,
Sylvester Scllick,
C. Cooper,
Wells Fargo Express,
•American Express Co.
C. Klinck,
McCabe Bros.,
J. C. Annin,
W. R. McArthur,

salary, .
expenses,
labor,

team labor,

fish food,
((

cartage,
gravel, .

*9°

00

42

00

49

00

49

00

49

00

56

00

42

00

8

75

12

50

6

25

6

25

3i

25

10

00

25

00

3

85

15

90

4

60

102

00

35

07

2

50

5

25

$90

00

80

3°

00

5°

75

50

75

58

00

30

00

6

00

12

°5

70

32

40

2

23

I

75

1

60

$648 17

Forward, $367 03 $648 17

FISHERIES, GAME AND FORESTS.

27

Brought forward, $367 03 $648 17

Oct.

Nov.

Schuler &: Sons,

wire cloth.

Thos. (iallaglierm,

brushes, .

F. H. Chase,

clock, . . .

James Field,

twine.

Richard Reed,

box irons,

Freeman Bros.,

coal,

A. T. Campbell,

paint,

W. J. Williams,

lumber, .

S. F. Haywood,

hand grenades,

R. R. Brown,

painting boats.

Norton Chase,

paint and putty.

William Ball,

carpenter labor

Frank Redband,

salary, .

t( i.

expenses,

George Stewart,

labor,

Daniel Troy,

((

William Johnson,

"

Sylvester Sellick,

((

George Lawson,

<<

Samuel Sloan,

sundries,

J. R. Chamberlain,

rubber tubing.

Holden & Son,

coal.

McCabe Bros.,

fish food.

W. J. Williams,

lumber,

A. P. Campbell,

white leaf,

American Express Co.,

Walker & Madison,

hardware,

C. Klinck,

fish food.

Wells Fargo Express,

.

Caledonia Fishing Club,

coal.

J. C. PuUiback,

cartage.

Jamie Annin,

*£

A. K. Fowler,

alcohol.

Frank Redband,

salary.

"

expenses,

George Stewart,

labor,

31

89

2

00

13

50

53

3

75

8

25

■S

47

82

30

5

69

3

00

I

47

28

I 2

$90

00

4

38

52

59

13

■3

49

00

^o

50

1 2

25

6

67

2

40

78

20

2

90

32

25

3

28

27

95

59

85

25

40

18

15

'23

20

6

15

5

70

12

03

$90

00

2

49

45

75

563 °°

665 98

Forward, $138 24 $1,877 '5

28

REPORT OF THE COMMISSIONERS OF

Brought forward.

$138

24

$1,877 15

Dec. William Johnson,

labor.

50

75

Sylvester Sellick,

ti

.

43

5°

W. D. Marks,

expenses.

58
22

00
81

John A. Upton,

labor and e.\

penses.

61

87

Daniel Troy,

a

I 2

25

J. C. Annin,

cartage.

4

00

C. Klinck,

fish food,

29

5°

McCabe Bros.,

u

4

31

- Wells Fargo E.xpress,

10

'5

American Express Co.,

22

65

A. K. Fowler,

alcohol,

13

96

J. E. Harvey,

supplies.

3

93

Henrich & Co.,

lamps, etc.,

9

75

Thomas W. Ford,

heater for hatchery,

295

00

Gordon & McCabe,

office furniture.

139

28

George Weldon & Co.,

shades.

8

80

C. F. Hall,

trout.

406

25

1,335 00

i8g6.

Jan. Frank Redband,

salary and expenses,

$90

60

George Stewart,

labor,

43

5°

William Johnson,

(;

50

75

Sylvester Sellick,

(i

43

5°

W. D. Marks,

"

58

00

■

John A. Upton,

" and

expenses,

69

04

George Lawson,

"

26

25

J. C. Annin,

cartage, .

4

5°

McCabe Bros.,

fish food,

4

43

William Armstrong,

team labor.

17

25

William Ball,

labor.

.

3

00

Wells Fargo E.xpress,

14

35

American Express Co.,

2

5°

A. K. Fowler,

alcohol.

29

1 1

Walker & Matterson,

hardware.

30

22

A. H. Collins,

printing.

I

25

Samuel Sloan,

plumbing.

4

00

Forward, $492 25

,212 15

FISHEKIKS, GAME ANn FORESTS.

29

Jan. Burke Fitzsimmons Co.,
C. Dorflinger & Sons,
S. F. Denton,

Feb. Frank Redband,

George Stewart,
William Johnson,
Sylvester Sellick,
W. D. Marks,

John .\. Upton,

George Lawson,

J. C. Annin,

Wells Fargo Express,

American Express Co.,

Henry Sage,

.■\. R. Campbell,

C. Klinck,

W. J. Williams,

G. W. Gillis,

W. F. Lawson,

Will Garbitt,

Mch. Frank Redband,

George Stewart,
William Johnson,
Sylvester Sellick,
W. D. Marks,
George Lawson,
J. C. Annin,
American Express Co.,
Wells Fargo Express,
W. F. Lawson,
J. E. Harvey,
Walker & Matterson,
Salter Bros.,

Brought forward,

netting, .

jars,

mounting specimens

salary, .
expenses,
labor,

expenses,

labor and expenses

cartage, .

board and room,

paints,

fish food,

lumber,

pictures,

carting fish,

ice,

labor,

expenses,

labor and expenses,

expenses,

labor,

labor and expenses,

labor,

cartage,

cartage,
sundries,
hardware,
bulbs.

$492 25 $3,212 15

529 60

1

5°

15

85

20

00

$90

00

8

80

40

50

47

25

40

5°

54

00

56

64

85 96

47

25

2

60

10

10

4

80

■5

00

9

75

66

30

I I

90

7

80

14

00

40

00

$90

00

32

10

63

30

54

25

46

50

95

10

54

25

3

20

4

90

10

35

1 1

25

4

05

14

46

22

83

653 15

Forward, $506 54 $4,394 9°

30

REPORT OF THE COMMISSIONERS OF

Mch. Schuler Sons,
McCabe Bro.,
G. H. Croughton,

April Frank Redband,
George Stewart,
John A. Upton,
William Johnson,
Sylvester Sellick,
Geo. H. Lawson,
H. R. Cotcherfer,
Wm. Corphey,
A. Baldeck,
H. N. Kendall,
Wm. Armstrong,
Nick Haas,
Geo. Henderson,
J. C. Annin,
Crittenden & Co.,
C. Klinck,

R. Pullybank,
John C. Pullybank,
W. F. Lawson,
W. Robertson,
C. Dorflinger iS: Sons,
Mattherson (S: Son,
Wells Fargo Express,
American Express Co.,
Westcott Express,
Salter Bros., florists,
A. H. Collins,
C. W. Blackman,

May Frank Redband,
George Stewart,
John A. Upton,
William Johnson,

]

Brought forward

$5°6 54

brass wire,

6 6o

fish food, ...

6 10

negatives.

9 oo

salary and expenses.

$103 69

labor and expenses.

80 98

il 11 14

8c 80

labor,

52 50

a

49 50

it

57 00

it

46 75

it

34 50

tc

24 00

it

20 30

team labor,

54 25

labor,

21 75
20 25

cartage.

3 40

fish food.

I 2 76

fish food,

U 11

33 80
33 80

cartage.

5 75

carting, .

3 75

a

13 75

planting trees,

6 75

jars.

S3 78

carting fish,

20 OC

79 44
6 80

3 70
2 65

circulars,

2 50

meat cutter,

8 00

salary and expenses.

$98 09

labor and expenses,

85 86

It it

35 45

labor.

54 25

$4,394 90

528 24

936 90

Forward, $273 65 $5,860 04

FISHERIES, GAME AND FORESTS.

Brought forward,

May Sylvester Sellick, labor,

George Lawson, "

H. R. Cotcherfer,
William Corphey, "

A. Baldeck,
H. N. Kendall,

William Armstrong, team labor,

Nick Haas, labor,

George Henderson, "

J. C. Annin. cartage,

Crittenden & Co., fish food,

C. Klinck,
McCabe Bros.,

R. Pullybank, Jr., cartage,

A. H. Colhns, tags,

Walker & Matterson, hardware,

J. E. Harvey, salt,

A. K. Fowler, alcohol for specimens

A. B. Campbell, sundries,

American Express Co.,
Wells Fargo Express,
Geo. Cutterson,
Schuler Sons,
S. F. Denton,

board man,
wire cloth,
specimens.

salary and expenses,
labor and expenses,
labor.

June Frank Redband,
George Stevi'art,
John A. Upton,
Wm. Johnson. •'

Sylvester Sellick, '•

Geo. H. Lamson, "

H. R. Cotcherfer,
W. Corphey,

Alfonso Baldeck, gardner,
W. Armstrong, team labor,

Nick Haas, labor,

George Henderson, '•

J. C. Annin, cartage.

, $273

65

5'

'5

58

90

18

00

39

00

40

50

31

50

84

00

31

50

35

25

7

00

16

83

30

5°

15

03

6

50

2

50

26

82

7

20

36

01

1 1

49

8

20

'5

00

4

50

6

78

30

00

$90

55

65

00

44

00

52

50

49

50

57

00

45

00

38

25

36

00

84

00

30

75

41

50

5

90

$5,860 04

887 81

Forward, $639 95 $6,747 85

J2

KEPOKT OF THE COMMISSIONERS OF

June W. N. Oviatt,
W. D. Marks,
C. Dorflinger & Sons.
Scranton & Wetmore,
C. Klinck,
McCabe Bros.,
A. H. Collins,
E. B. McKay,
S. W. Voorhees,
Wm. McNaughton,
J. F. Ward,
Wm. F. Lawson,
A. J. Pickerd,
Wells Fargo Express,
American Express Co.,
A. K. Fowler,

July Frank Redband,
George Stewart,
John A. Upton,
William Johnson,
Sylvester Sellick,
Geo. H. Lawson,
H. R. Cotcherfer,
William Curphey,
A. Baldeck,
William Armstrong,
Nick Haas,
G. Henderson,
Grant Christie,
J. C. Annin,
R. Pullybank,
John Pullybank,
S. F. Denton,
Crittenden & Co.,

C. Klinck,

Service & Hoffman,

Brought forward

$639

95

$6,747

85

labor and ex])enses.

21

70

" . .

27

64

jars, ....

6

20

stationery,

10

75

fish food,
it (1

31
8

00
00

printing.

1

50

cedar posts. .

2

43

drilling well.

-35

00

carpenter.

15

50

florist, ....

.=17

37

carting cans.

I

25

board men.

4

5

35
42

05

alcohol and glycerine.

16

I 2

903

23

salary and expenses.

$QI

20

labor and expenses,

U t, LI

70
27

30
80

labor, ....

54

25

t(

5'

58

15
90

labor and expenses.

58

66

labor, ....

36
40

00
5°

team labor,

142

3c

labor, ....

10
36

5°
00

labor and expenses,

32

79

cartage.

26
18
14

°7
00
00

mounted shad,

25

65

fish food,

27
29
40

75
68

5°

wallcase.

35

00

Fcirward

$ 927

00

$7,6si

08

FISHERIES, GAME AND FORESTS.

33

Brought forward,

July ('. W. Dodge,
A. P. Campbell,
M. W. Rundell,
W. J. Williams,
J. K. Harvey,
Ball & Donohue,
Walker & Madison,
E. Reist,

William McNaughton,
Westcott Express Co.,
American Express Co.,
Wells Fargo Express,
Wyckoff Seaman Co.,
Schuler Sons,

Aug. Frank Kedband,
George Stewart,
John A. Upton,
Wilham Johnson,
Sylvester Sellick,
George H. Lawson,
H. R. Cotcherfer,
William Curphey,
A. Baldeck,
George Henderson,
William McNaughton,
J. C. Annin,
R. Pullybank,
John Pullybank,
Crittenden & Co.,
C. Klinck,
McCabe Bros.,
M. W. Rundell,
Scranton & Wetmore,
Schuler Sons,
W. A. Holden,
J. E. Harvey,

extra water,

paints, .
frame and map
lumber, .
salt,

hardware,

coal,

carpenter.

repairs typewnter,
wire screens.

salary and expenses,
labor,

cartage.

fish food

picture frames,
office supplies,
wire cloth,
coal,
salt,

$927

00

30

00

17

45

4

39

96

59

•7

60

16

00

99

18

^'3

53

5

5°

1

■5

3

00

■7

65

5

50

2

60

$100

55

61

34

62

65

54

25

5'

15

58

go

43

50

I

5°

39

00

I

50

1 1

00

5

50

5

00

1 1

56

35

85

39

00

7

78

6

42

6

90

9

80

96 69

4

00

$7,651 08

1,466 14

Forward, $713 84 $9,117 22

34

REPORT OF THE COMMISSIONERS OF

Brought forward, $713 84 $9,117 22

Aug. Wells Fargo Express,
Silver Lake Ice Co.,

ice,

Total Caledonia,

25 28
17 15

756 27

$9,873 49

Cold Spring Hatchery :

1895

Sept.

A. L. Wright,

telegrams,

M. Abrams,

fish food.

Long Island Express Co.,

•

C. H. Walters,

expenses,

E. A. Cooper,

labor,

Peter Gorman,

F. \'an Ausdale,

labor,

C. L. Walters,

foreman.

Notary fee,

•

Oct.

A. Ford,

lobster eggs.

D. P. Van Wickel,

Peter Morgan,

Estey Wire Works,

Long Island Express Co.,

M. Abrams,

Long Island Express Co.,

S. F. Haywood,

Long Island Express Co.,

American Net and Twine Co.,

Long Island Express Co.,

William H. Stoyle,

J. C. Totten,

W. D. Marks,

C. H. Walters,

Peter Gorman,

egg trays, etc.
freight, .
fish food,

hand grenades

freight,

nets,

freight,

spawning pans

cartage,

expenses,

labor.

$2

99

68

40

12

25

6

57

52

50

52

50

52

50

90

00

25

$10

00

10

00

10

00

37

20

I

05

84

80

12

90

5

28

75

6

92

25

5

60

10

5°

32

04

1 1

62

54

25

$337 96

Forward, $293 16 $337 96

FISHERIES, GAME AND FORESTS.

35

Brought forward, $293 16 $337 96

Oct. F. Van Ausdale,
E. A. Cooper,
C. H. Walters,
Notary fee.

labor,
(t

foreman,

Nov. American Net and Twine Co., nets,

Long Island Express Co.,

S. C. Brown,

Freight on jars,

S. D. Wood,

J. C. Totten,

R. H. Baldwin,

T. T. O'Neil,

M. Abrams,

A. P. Dodge,

E. A. Cooper,
Peter Gorman,

F. Van Ausdale,
C. H. Walters,
Mail boy.
Notary fee,

Dec. J. C. Totten,
M. Abrams,
Bingham & Brush,
W. H. Stoyle,
J. T. Mahan,
Edward Holmes,
W. R. Bingham,
Peter Gorman,
F. Van Ausdale,
E. A. Cooper,
O. V. Rogers, labor,
C. H. Walters,

1896.
Jan. Peter Gorman,
M. Abrams,

freight, .
hatching jars,

repairing pond,

carting, .

freight on engine,

coal,

fish food,

hardware,

labor.

salary.

express, .

fish food,

coal,

engine fixtures,

machinist,

ice house,

material for ice house,

labor.

expenses and salary,

expenses with fish,
fish food,

b4

54

25

90

00

25

$24

00

14

7°

161

00

I

10

7

50

15

5°

55

20

3'

30

83

00

4

20

52

50

52

50

52

50

90

00

I

00

25

$13

75

74

80

21

00

4

73

10

00

252

16

55

65

54

25

54

25

54

25

35

00

Q4

CO

$38 98

78 80

491 91

646 25

723 84

Forward, $117 78 $2,199 9^

36

REPORT OF THE COMMISSIONERS OF

Brought forward,

Jan.

Feb.

A. P. Dodge,

sundries,

D. W. Trainor,

"

J. C. Totten,

cartage.

F. T. O'Neil,

coal.

J. C. 'J'otien,

express, .

E. A. Cooper,

labor.

O. V. Rogers,

"

F. Van .\usdale,

"

Peter Gomian,

"

C. H. Walters,

salary and expenses.

Peter Gorman,

expenses,

J. C. Totten,

cartage, .

W. W. Wood,

coal.

E. A. Cooper,

expenses.

Crane Co.,

iron gates,

W. R. Bingham,

filling ice house,

Long Island Publishing Co.,

tags.

Peter Gorman,

expenses,

M. Abrams,

fish food.

L. K. Express Co.

E. A. Cooper,

expenses,

Grant Christie,

painting.

0. V. Rogers,

labor.

Peter Gorman,

((

F. Van Ausdale,

u

E. A. Cooper,

t(

C. H. Walters,

salary and expenses

Walker & Madison,

fish cans,

Mch. Estey Wire Works, screens, .

Walker & Madison, fish cans,
American Net and Twine Co., seine,

W. W. Wood, coal,

M. Abrams, fish food,

J. C. Totten, freight, .

E. A. Cooper, labor,

" expenses,

3, $.17

78

4

58

I

90

14

50

13

88

17

75

54

25

54

25

54

25

54

25

98 36

$2,199 96

$14

10

3

00

1 1

00

15

48

9

32

50

00

3

50

I

95

82

00

22

65

2

00

9

75

50

75

5°

75

5°

75

50

75

104

73

47

50

$26

72

47

53

8

82

22

00

79

20

21

50

54

25

78

12

485 75

579 98

Forward, $338 1 1 $3,265 69

FISHERIES, GAME AND FORESTS.

6/

Forward

Mch. O. V. Rogers,

F. Van Ausdalc,
Peter Gorman,
C. H. Walters,
Blackfords,

Apr E. A. Cooper,
Peter Gorman,
Hay Cooper,
O. V. Rogers,
A. L. Wright,
M. Abrams,
J. C. Totten,
James Oats,
F. Van Ausdale,
C. H. Walters,

May M. Abrams,
■ A. P. Dodge,
W. W. Wood,
Peter Gorman,

E. A. Cooper,
J. C. Totten,

Long Island Express Co.,
James Oats,

F. T. O'Neil,

F. Van Ausdale,
O. V. Rogers,
John T. Mahan,
C. H. Walters,

June J. C. Totten,
Wm. O'Hara,
W. W. Wood,
W. H. Stoyle,
Long & Bunce,
A. L. Wright,

salary,
labor,

salary and expenses,
fish cans,

labor and expen.ses,

telegraph,

fish food,

expressage,

horse hire,

labor,

salary and expenses,

fish food,

hardware,

shading ponds,

salary and expenses,

labor and expenses,

cartage,

freight,

horse hire and cartage

sundries,

labor,

salary and expenses,

cartage,

decorating grounds,

hatching lobster,

hardware,

labor and fixtures, .

telegraphing, .

, $338

1 1

54

25

54

25

54

25

I CO

73

43

75

$i68

55

133

33

76

24

J05

14

15

75

85

80

47

47

26

50

52

50

1 10

02

$90

60

2

64

75

92

71

72

102

29

30

00

23

60

7

50

5

58

54

25

54

25

21

00

95

00

$9

50

5°

00

63

94

13

78

26

61

9

1 1

$3,265 69

645 34

821 30

634 35

Forward, $172 94 $5,366 68

REPORT OF THE COMMISSIONERS OF

Brought forward.

June Lefferts, Jarvis & Co.,
S. C. Brown,
M. Abrams,
J. C. Totten,

E. A. Cooper,
Peter Gorman,
O. V. Rogers,

F. Van Ausdale,
John F. Mali an,
C. H. Walters,

July A. E. Cooper,
M. Abrams,
J. C. Totten,
W. W. Wood,
A. T. Dodge,
H. C. Bunner,
William Bingham,
Bingham & Brush,
Peter Gorman,
O. V. Rogers,
John T. Mahan,
F. Van Ausdale,
C. H. Walters,

Aug. Standard Oil Company,
A. Ford,
Fred Morlenson,
Peter C. Moreton,
James Oats,
William H. Lewis,
W. \\'. Wood,
M. Abrams,
J. C. Totten,
S. 1). Wood,
Jaiues Wheeler,
J. T. Mahan,

windows,

jars,

fish food,

express,

labor and expenses,

U ki it

labor,

salary and expenses,

labor and expenses,

fish food,

express,

sundries,
it

tank,

cartage,
sundries,
expenses,
labor,

labor,

it

salary and expenses,

collecting lobster eggs,
lobster eggs.

cartage,
mill work,
lumber,
fish food,
express,
labor,
cartage,
labor.

$172

94

7

83

10

50

89

20

21

1 1

55

00

55

10

5-'

50

52

50

52

50

115

75

$61

83

96

60

14

95

19

50

6

98

5

00

5

00

to

17

2

70

54

25

47

25

54

25

102

50

$27

52

10

00

10

00

10

00

6

00

I 2

57

107

13

107

00

16

45

22

50

1 2

50

47

25

$5,366 68

684 93

480 98

Forward, $388 92 $6,532 59

FISHERIES, GAME AM) FORESTS.

39

Aug. E. A. Cooper,

F. Van .\usdale,
O. V. Rogers,
C. H. Walters,

Total Cold Spring,

Brought forward, $388 92 $6,532 59
labor, 54 25

54 25

labor, 54 25

salary and expenses, • - 95 57

647 24

$7,179 83

Fulton Chain Hatchery :
1895.
Sept. J. H. Neeper, fish food

American Net and Twine Co., net,
George Deer & Son, lumber,

\V. H. Burke, labor,

J. A. Wood,
F. S. Marks,
E. T. Marks,

Oct. W. H. Burke,
J. A. Wood,
Sabin & Harvey,
Nicholas Ginther,
F. S. Marks,
E. I.. Marks,

S. T. Haywood,
H. D. Ross,

salary,

stamps,

traveling expenses,

labor.

coal tar,
freight, .
labor,
salary, .
e,\penses,
fire grenades,
hatchery totals,

Nov. American Net and Twine Co., netting,
Ed. Arnold, labor,

W. H. Burke,

J. A. Wood,
F. C. Marks,

expenses,
labor,
expenses,
labor,

$10

20

25

55

18

51

45

60

55

10

49

40

90

00

75

;\

13

58

90

58

90

■5

46

6

25

58

90

90

00

4

42

5

28

5

5°

$8

31

38

00

57

00

9

52

57

00

66

57

00

$300 24

303 61

Forward, $227 49 $603 85

40

REPORT OF THE COMMISSIONERS OF

Brought forward, $227 49 $603 85

Nov. E L. Marks,
J. A. Harvey,

Dec. J. H. Sprague,
T. R. Clark,
F. C. Marks,
W. H. Burke,

E. L. Marks,

1896.

Jan. J. H. Neefer,
Deis & Sons,
N. Ginther,

F. C. Marks,
W. H. Burke,

E. L. Marks,

Feb. D. W. Codling,
Sabin & Harvey,

F. S. Marks,
W. H. Burke,

E. L. Marks,

Mch. Dodge & Snyder,

David Sharbonneau,
N. Ginther,
W. H. Burke,

F. C. Marks,

E. L. Marks,

April N. Ginther,
W. H. Burke,

F. C. Marks,
W. D. Codling,
E. L. Marks,

salary, .
expenses,
hardware,

freight, .

delivery,

labor,

salary and expenses,

fish food,
lumber, .
freight, .
labor.

salary and expenses,

fish food,
hard ware,
labor,

salary and expenses.

paints, .
team work,
freight, .
labor,

salary and expenses,

freight,

labor and expenses,

fish food,

salary and expenses.

90

00

17

60

10

8i

$5

00

I

5°

58

90

58

90

100

54

$4

75

4

44

I

75

41

80

58

90

105

49

$9

73

6

25

55

10

55

10

90

80

$12

46

14

00

3

55

58

90

58

90

92

16

$7

35

58

75

57

00

4

89

94

40

345 90

224 84

217 13

2l6 98

239 97

222 39

Forward, $2,071 06

FISHERIES, GAME AND FORESTS.

41

Brought forward, $2,071 06

May

N. Ginther,

freight, . . .

D. W. Codling,

fish food,

Deis & Sons,

lumber, .

F. C. Marks,

labor.

W. H. Burke,

labor and expenses.

E. L. Marks,

salary and expenses,

June

D. W. Codling,

fish food,

James Fields,

flag.

N. Ginther,

freight, .

F. C. Marks,

labor.

William H. Burke,

(C

E. L. Marks,

salary and expenses.

July

Crittenden & Co.,

fish food,

N. Ginther,

freight, .

J. A. Harvey,

hardware.

Deis & Sons,

lumber.

F. C. Marks,

labor.

WiUiam H. Burke,

labor and expenses.

E. L. Marks,

salary and expenses,

Aug.

Crittenden & Co.,

fish food.

Deis & Sons,

lumber, etc..

J. A. Harvey,

hardware.

William H. Burke,

labor,

a

expenses,

E. L. Marks,

salary and expenses,

$5

00

I

86

1 1

32

58

90

65

53

92

00

$5

°7

10

68

4

88

57

00

57

00

91

00

$5

30

9

5°

3

03

7

16

58

90

66

85

95

00

$10

38

47

76

8

85

58

90

5

90

90

5°

234 61

225 63

245 74

222 29

Total Fulton Chain,

$2,999 33

Pleasant Valley Hatchery
1895.
Sept. F. C. Hunniston,

Oct. S. C. Brownell,
F. L. Ramsdell,

labor,

hardware,
salary, .
expenses,

$28 75

$60

22

75

00

12

60

Forward. $147 82

$28 75

$28 75

42

REPORT OF THE COMMISSIONERS OF

Brought forward, $147 82

$28 75

Oct. Gould & Nolan,
Grant Christie,
VVm. Ball,
F. C. Hunniston,
George Stewart,

F. C. Hunniston,

S. Sellick,
it

S. W. Dickson,
H. Garvey,
George Garvey,
Walter Garvey,
A. Aldridge,
A. Beekman,

Nov. A. Beekman,

Gould it Nolan,
C. S. Brownell,

F. L. Ramsdell,
S. T. Haywood,
V. R. Barrett,

G. Christie,

F. L. Ramsdell,
Wm. Ball,

F. C. Hunniston,
S. W. Dixon,
A. Aldridge,

Dec. W. Garvey,

Henry Garvey,
H. McLaughlin,
George Garvey,
Oscar Johnson,
F. C. Hunniston,
F. L. Ramsdell,
Wm. Ball,

plumbing,
painting dwelling,
carpenter work,
labor,

expenses,
board men,
labor,
expenses,
labor team,
labor.

board of men,
lumber, .

lumber,

pike, etc.,

paints,

expenses,

hand grenades,

mason work,

painting labor,

expenses

salary,

labor,

expenses,

labor,

team labor,

board of men,

labor.

salary and expenses,
expenses.

329

59

22

50

35

00

40

5°

'3

50

4

12

9

00

'3

5°

4

I 2

15

00

7

50

7

5°

6

00

16

CO

136

26

$225

05

33

99

30

29

2

45

5

56

12

50

27

00

8

24

75

00

62

50

3

81

38

25

43

50

25

25

$6

00

6

00

6

00

6

00

6

00

39

00

76

40

2

31

807 91

593 39

Forward, $147 71 $1,430 05

FISHERIES, GAME AND FORESTS.

43

Brought forward,

Dec. Kirkham & Piatt,
M. Bowes & Co.,
\. Beekman,
C. S. Brownell & Co.,
Gould & Nolan,
A. Aldridge,
Wm. Ball,

1896.
Jan. James Crans,

C. S. Brownell & Co.,
M. Bowes & Co.,
John A. Upton,
F. C. Hunniston,
F. I.. Ramsdell,

Feb Gaylon Johnson,
Schuler Sons,
W. Sutherland,
F. L. Ramsdell,
C. S. Brownell & Co.,
A. .\ldridge,
M. Bowes & Co.,
F. C. Hunniston,
Wm. Ball.

Mch. Terine & Davidson,
Frank Piatt,
M. Bowes & Co.,

E. A. Brownell,
W. Sutherland,
Wm. Ball,

F. C. Hunniston,
Grant Christie,
Wm. H. Hall,
W. D. Oviatt,

E. W. Di.xon,
.\. Aldridge,

lumber,
coal,

lumber, .
hardware,
plumbing, etc.,
board of men,
labor.

ice,

hardware

coal,

expenses

labor,

salary and expenses,

labor,

wire cloth,

iron work,

salary and expenses

hardware,

board two men,

coal,

labor,

material for bedding,

furniture,

coal,

hardware,

tinning roof, .

labor and expenses,

labor,

labor and expenses,

wood,

labor and expenses,

cartage, .

board men,

*i47

71

7

69

8

25

40

80

3

75

53

67

3

00

15

00

$39

97

5

96

8

25

31

40

40

5°

78 65

$3

75

4

80

26

15

81

35

18

22

•7

•7

8

25

40

50

70

71

$10

95

45

00

8

25

1 1

25

15

75

5'

75

46

50

68

25

2

50

74

20

8

00

28

00

$1,430 05

279 87

204 73

270 90

Forward,- $370 40 $2,185 55

44

REPORT OF THE COMMISSIONERS OF

Brought forward, $370 40 $2,185 55

Mch. R. Cotcherfer,

C. W. Blackman,
J. A. Smith,

A. Beekman,

it

E. R. Coffin,
Crittenden & Co.,

April F. J. Dixon,

O. S. Johnson,
Richard Buckley,

F. W. Dixon,

M. Bowes & Co.,
A. B. Beekman,
F. C. Hunniston,
A. Aldridge,
Hiram Osterhouse,
A. Booth,
H. Garvey,
H. McLocklin,
Van E. Barrett,
William Ball,
M. Sutherland,
Brownell & Co.,
Kirkham & Piatt,
Gould & Nolan,
W. D. Oviatt,
R. Cotcherfer,
Grant Christie,

June Walker & Madison,
James Field,
A. Beekman,
Kirkham & Piatt,
F. C. Hunniston,
H. Hunniston,
R. Buckley,
S. W. Dixon,

expenses,

meat cutter,

moulding,

lumber,

wallpaper and labor
fish food,

labor.

coal and cement,
lumber, .
labor,

board men,
labor,

mason work, .

labor and expenses,

tinning, .

hardware,

lumber,

plumbing,

labor,

expenses,

labor and expenses,

set blocks,
American flag,
lumber.

labor.

labor with team.

9

50

8

00

5

25

47

77

67

3°

36

45

3

25

$19

50

25

5°

25

50

23

50

15

05

60

66

45

35

23

75

13

50

22

5°

22

50

22

25

10

00

43

55

42

39

27

35

21

48

19

92

68

80

16

75

26

61

$2

50

8

00

37

36

33

08

52

5°

22

5°

36

00

48

75

547 92

596 41

Forward, $240 69 $3,329 88

FISHERIES, GAME AND FORESTS.

45

Brought forward, $240 69 $3,329 88

June Brownell & Co.,

G. W. Peck Company,
Crittenden & Co.,
R. Cotcherfer,

Julv F. C. Hunniston,
H. Hunniston,
R. Buckley,
A. D. Booth,
S. W. Dixon,
Brownell & Co.,
W. D. Oviatt,
Crittenden & Co.,
J. Annin, Jr.,
R. Cotcherfer,

hardware.

fish food,

services and e.xpenses,

labor,

tram labor,

hardware,

labor and expenses,

fish food,

board Oviatt,

services and expenses.

Aug. R. R. Flynn & Co., salt,

F. C. Hunniston, labor,
Herbert Hunniston, "

R. Buckley, "

Crittenden & Co,, fish food,
American Net and Twine Co., twine,

R. Cotcherfer, salary and expenses,

Total Pleasant Valley, . . , .

9

72

6

25

18

80

258

45

$54

25

23

25

43

50

32

25

42

50

5

70

80

48

15

69

8

00

91

90

$4

25

54

25

23

25

42

00

22

77

2

93

90

01

533 91

397 52

239 46

$4,5°o 77

1895.

Sept.

Sacandaga Hatchery:

J. E. Morrison,
Burnham & Lavery,
E. F. Boehm,

.\merican Net and Twine Co., net.

labor,

supplies,

salary and expenses,

Addison C. Mclntyre,
E. H. Phister,
Asa Bird,
John F. Boyce,

labor,

lumber, .
blacksmith.

$15

75

3

32

93

25

10

22

26

25

52

5°

7

95

I

35

Forward, $210 59

46

REPORT OF THE COMMISSIONERS OF

Brought forward, $210 59

Sept.

Oct.

Nov.

Dec

1896.
Jan.

William Ball,

expenses,

William Ball,

labor.

G. N. Brown,

drugs.

M. B. Hawley & Co.,

grain, .

E. C. Patterson,

supplies,

Bumham & Lavery,

tc

E. F. Boehm,

salar}"-, .

"

expenses.

George H. Phi.ster,

labor and expenses,

M. Floyd,

labor.

A. C. Mclntyre,

li

Haywood & Co.,

fire grenades, .

I. Brasser,

cartage,

Mrs. Hawley,

hotel,

J. A. Logan,

u

A. C. Mclntyre,

labor,

M. B. Hawley & Co.,

grain, .

J. F. Boyce,

blacksmith.

George H. Phister,

labor.

E. F. Boehm,

salary,

(f

expenses,

T. A. Lyon,

hotel and livery.

Burnham & Lavery,

supplies.

George H. Phister,

labor.

E. F. Boehm,

salary,

n

expenses,

Schuler & Sons,
E. C. Chase,
Hawley & Co.,
G. H. Phister,
E. F. Boehm,

wire cloth,

royalty on jars,

grain,

labor,

salary,

expenses,

19

33

35

00

2

00

$13

82

3

10

3

90

90

00

4

65

56

25

8

00

54

25

$5

28

6

00

2

50

3

5°

28

00

6

°5

9

25

60

00

90

00

19

45

$8

00

9

35

62

00

90

00

1 1

27

$3

60

8

25

13

94

62

00

90

GO

I

10

$266 92

233 97

230 03

180 62

Forward, $1,090 43

FISHERIES, GAME AND FORESTS.

47

Feb. C. T. Straight,
J. F. Boyce,
G. H. Phister,
E. F. Boelim,

Mch. Ostrander & Cofine,
\\'. W. Burnhatn,
George H. Phister,
E. F. Boehm,

April M. B. Hawley & Co..
Ostrander & Cofine.
C. F. Straight,
M. Abrams,
G. H. Phister,
E. F. Boehm,

May J. F. Boyce,
G. H. Phister,
E. F. Boehm,

June M. B. Hawley & Co.,
G. H. Phister,
E. F. Boehm,

July George H. Phister,
E. F. Boehm,

express, .

blacksmith,

labor,

salary.

hardware

hay,

labor,

salary,

expenses

gram, .
hardware,
express, .
fish food,
labor,
salary.

blacksmith,
labor,
salary,
expenses.

gram,
labor,

salary,

labor,
salary, .
expenses,

Aug. Crittenden & Co., fish food,

Ostrander & Cofine, hardware,

American Net and Twine Co., netting.

ight forward.

$6

00

I

95

52

00

9°

00

$5

26

3°

00

62

00

$1,090 43

90 00

$17

40

4

98

9

95

23

92

60

00

90

00

$4

60

6-^

00

90

00

2

00

$7

59

60

00

90

00

$62

00

90

00

5

25

$4

96

8

75

1 1

42

149 95

188 51

206 25

158 60

157 59

157 25

Forwanl

$25 13 $2,108 58

48

Aug. Crittenden & Co.,
George H. Phister,
E. F. Boelim.

REPORT OF THE COMMISSIONERS OF

Brought forward,
fish food,

labor, . . . ■ .

salary and expenses.

Total Sacandaga,

$25 13 $2,108 58

4

33

46

50

79

80

155 76

$2,264 34

Disbursements on account of gatherint:^ fish eggs at Clayton, N. Y. :

1895.
Oct. Mead Hayes,
D. G. Ryder,
James H. Hanes,
J. G. Miller,
M. B. Hill,

Nov. M. B. Hill,

William A. Hill,
G. C. Putnam,
W. Davis,
S. Failing,
Lucas Bros.,
William Graves,
S. B. Williams,
Mahar &: Fitzgerald,
D. G. Ryder,
John C. Baker,
J. G. Miller,

Dec. W. E. Hall,

William A. Hill,
M. B. Hill,

labor,

sail boat,
use of horse,
labor.

labor,

expense account,

labor,

board,

taking spawn,

ten gallons spawn,

hardware,

spawn, .

boat and spawn,

coal,

labor,

boats, trap nets, etc,

trips to hatchery with eggs,

board of men,

labor, ....

$15 00

15 00

16 00
6 50

52 50

$75

00

59

49

45

00

28

50

I

00

20

00

I

5°

2

00

5

00

10

5°

1 2

5°

] 01

85

28

35

$18

00

46

50

62

00

$105

390 69

126 50

Forward, $622 19

FISHERIES, GAME AND FORESTS.

49

Brought forward,

$622 ig

iSg6.
Jan. M. B. Hill,

William A. Hill,
J. M. Hungerford,
Mahar iS: Fitzcrerald,

Feb. M. B. Hill,

William A. Hill,
J. G. Miller,

Mch. M. B. Hill,

William A. Hill,
J. F. Colon,
John Ball,
E. Corbin,
Dennis Cannell,
John A. Upton,
B. Cotchefer,

April J. G. Miller,

J. M. Hungerford,
Robert Robinson,
George W. Morse,
William A. Hill,
M. K. Hill,

May M. B. Hill,

William A. Hill,
J. G. Miller,
G. E. Crum,
Filo Clark,
John Colon,
Robert Robinson,
John A. Upton,
H. R. Cotchefer,

labor and expenses,

labor,

sundries,

coal,

labor,

labor and expenses,

labor,
hauling fish,

(( tt

(( ik

labor and expenses,

carting whitefish,
meat chopper,
cartage,
labor.

labor,
((

cartage,
fish food,
cartage,

labor and expenses,

$66 48

46

50

5

95

21

50

$58

00

43

50

12

5°

$77

5°

46

50

7

50

4

50

7

5°

12

00

133

15

36

25

$37

00

6

75

9

00

22

5°

45

00

25

83

$52

5°

46

5°

4

00

3

41

3

00

3

00

7

50

76

10

56

01

140 43

1 14 00

324 90

146 08

:5- o^

Forward, $1,599 ^^

50

REPORT OF THE COMMISSIONERS. OF

Brought forward.

$1

'599 62

June

M. B. Hill,
Norman Hill,
W. D. Hill,

labor,

Li
11

$75 0°
6 oo

• • 6 75

Robinson,

cartage, .

I 50

G. E. Crum,

express,

I 88

M. W. Stage,

cartage, .

5 00

H. B. Kendall,

labor and expenses.

73 95

John A. Upton,

tt

53 63

John F. Colon,

cartage,

7 5°

231 2 1

July

M. B. Hill,

labor and expenses,
labor,

$86 10
4 90

M. W. Stage,

ice, . . ' .

50

G. E. Crum,

liver,

82

92 32

Aug.

M. B. Hill,

labor and expenses,

$77 9°

Charles Classon,

fish food,

2 00

79 90

Total Clayton,

.

.

$2

,003 05

Disbursements collecting mascalonge eggs at Chautauqua Lake :

1896.

Mch.

R. R. Brown,

labor and team.

. $.2

75

'•

freight and labor, .

42

78

11

lumber, etc., .

-3

66

American Net and Twine Co.

, two nets.

167

32

$246 51

April

John A. Upton,

labor and expenses,

$20

80

W. J. White,

fifty poles.

5

00

Schuler Sons,

wire screens, .

37

08

C. C. Wildman,

lumber, ....

17

93

George W. Brown,

labor.

42

00

James Seymour,

hardware,

1 1

59

R, R. Brown,

labor and expenses,

72

40

A. J. Pickard,

board of men.

16

35

223 15

Forward, $469 66

Mav

FISHE

RIES, GAME AND FORES

TS.

51

Brought

forward,

$469

66

Randall R, Bros\Ti,

labor and expenses,

$77 75

John Bemis,

rent of hatchery site,

lO OO

George E. Winchester,

labor and expenses,

44 25

James Seymour,

sundries,

2 68

G. W. Brown,

labor,

.

60 00

H. Schofield,

it

•

6 00

200

68

•

•

Total Chautauqua,

$670

34

Disbursements on account of hatching shad at Catskill, N. Y:

1896.
Mav

O. V. Rogers,

E. A. Cooper,

C. H. Walters,

Edward Hallenbeck,

A. H. Hart,

John Pender,

E. Lampman .S: Sons,

Day & Holt,

W. Kortz,
L. N. Decker,
William Ball,
L. S. Hart,
W. D. Oviatt,
Johnston & Co.,

June \V. Kortz,

A. H. Hart.
John J. Pender,
W. D. Oviatt,
E. H. Hallenbeck,

delivery shad fry.

$78 63

n tt

30 85
29 34

labor.

36 00

ti

36 00

boat and men.

292 50

lumber, etc., .

234 25

hardware.

44 84
2 45

furniture,

25 25

carpenter,

13 75
60 I r

board of men.

5+ 27

labor and expenses,

74 63

plumbing.

65 28

springs, ....

$3 00

labor, ....

41 00

taking spawn, use boat, .

266 50

labor and expenses.

65 98

labor.

45 00

$1,078 20

421 48

Forward, $1,499 ^8

52

REPORT OF THE COMMISSIONERS OF

Brought forward, $1,499 ^^
Aug. For water furnished fish hatchery from May 12 to June 18,
estimated quantity per day 14,400 gallons, at 20 cents
per thousand, ........ $75 00

Total Catskill,

75 0°

$1,574 68

Disbursements on account of gathering fish eggs at Constantia, N. Y. :

$63 77

1896.

April M. B. Hill,

labor and e.xpenses.

J. D. Black,

hardware.

Arthur Brown,

labor.

William Halliday,

u

Charles Vander Werken,

It

G. W. Beebe & Co.,

rope.

Charles Whipple,

labor.

Charles Pennoyer,

£(

E. L. Whitney,

merchandise, .

D. K. Winne,

labor and e.xpenses.

Henry Wooldridge,

labor.

Charles Marcellius,

"

Henry B. Kendall,

labor and expenses,

John H. Cole,

board, .

G. G. Scriber,

labor.

Charles Halliday,

"

Sanford Woodward,

carting, .

William Dobson,

labor.

Charles Myers,

ti

David Winne,

ti

E. Pickett,

"

D. C. King,

labor and board.

. H. F. York,

labor,

James Andrews,

"

Ben. Phillips,

li

Peter Coleman,

it

D. L. Sweet,

a

L. Gardiner,

a

A. A. Beardsley,

making tanks,

8

47

I 2

00

18

00

9

00

I

21

21

00

28

00

8

22

24

5°

13

GO

34

00

26

50

10

72

32

25

12

GO

5

25

22

00

9

00

6

00

14

00

58

53

18

GG

27

GO

10

OG

19

GO

2

GO

17

50

33

05

$563 97

Forward, $563 97

May

FISHERIES, GAME AXD FORES

TS.

^3

Brought forward.

$563 97

M. B. Hill,

labor and expenses.

■ $25

75

H. B. Kendall,

a

30

10

John H. Cole,

board, .

6

80

George M. Williams,

rent of hatchery site,

100

00

G. W. Coey,

ice.

8

48

D. C. King,

labor and expenses.

31

90

Charles Marcellius,

labor,

18

00

Sanford Woodward,

cartage,

7

35

J. D. Black,

sundries.

89

Total Constantia,

$793 24

Disbursements on account of gathering salmon eggs in Lake
Michigan:

1895.
Oct. Jonathan Mason,

Harry Mason,

John A. Upton,

Joe Plant,

Nov. H. W. Mason,
J. Mason,
Joe Plant,
S. M. Rose,
John A. Upton,

L. S. See & Co.,
L. A. Bartholomew,

labor,

e.xpense account,

labor,

expense account,

labor,

expense account,

labor,

expense account,

labor.

expenses
groceries,
hardware

$77

50

167

36

38

75

48

88

54

25

55

40

54

00

40

16

$35

00

7°

00

56

00

56

00

52

5°

53

27

48

50

9

64

$536 30

380 91

Forward, $917 21

54

REPORT OF THE COMMISSIONERS OF

Dec. J- Mason,

Henry Mason,
S. M. Rose,
Cole Kendall,
Joe Ruebior,
Joe Plant,

labor and expenses.

use of tug,

labor and expenses,

Brought forward,
$250 92
60 90

37 00
26 00

35 00
41 50

$917 21

Total Lake Michigan,

451 32

$1,368 53

Disbursements collecting whitefish eggs, Onondaga Lake ;

1895.
Nov. W. D. Marks,

Alonzo Goddard,
Ignatius Zeuglar,

labor,
expenses,
board men,
labor.

$38

00

•5

22

20

00

9

00

Total, .

Disbursements distributing black bass fry from Clayton, N. Y. :

1896.

July J. G. Miller, cartage, .... $28 20

\V. E. Hall, board of men, . . . 2525

H. E Annin, labor and expenses, . . 116 00

\Vm. Dick & Harvey Warner, catching bass, . . 120 00

John A. Upton, labor and expenses, . . 98 48

Total,

$387 93

Disbursements on account of fish car "Adirondack," repairs,
fish cans, etc. :

1896.

Jan. To Union Car Co., Buffalo, N. Y., for material and labor
expended in repairing and repainting fish car " Adiron-
dack," $1,711 04

$1,7" 04

FISHERIES, GAME AND FORESTS.

55

Miscellaneous.
1895.

Dec. C. Dorfiinger & Sons, hatching jars for various hatcheries, . 131 56

Aug. R. M. Myers, books, etc., . . . . . . 17 20

Total, ; T

1895.
Oct. To advance for contingent expenses to James .\nnin, Jr.,

Superintendent, ....... $500 00

$148 76

$500 00

Summary of Hatchery DisnuRSEMEXTs, from October i, 1895, to

Sei'Te.mber 30, 1896.

Salary c

f

Wages of

Miscellaneous

Foremen.

Aten.

Improvemeuls-

Expenses.

Total.

Adirondack Hatchery, .

$1,065

00

$2,451 58

$354 06

$598 58

$4,469 2 2

Beaverkill

825

00

657 52

151 54

873 01

2,507 07

Caledonia "

1,080

00

3.643 03

2,183 56

2,966 90

9,873 49

Cold Spring Harbor,

1,080

00

2,497 60

1,028 92

2,573 3>

7,179 83

Fulton Chain,

1,080

00

'.535 13

167 95

216 25

2,999 33

Pleasant Valley, .

775

00

886 90

2,429 13

409 74

4,500 77

Sacandaga, .

1,065

CO

864 50

71 33

263 51

2,264 34

Clayton Station, collect-

ing eggs,
Chautauqua Lake Sta-

1,340 46

662 59

2,003 05

tion, collecting eggs .
Catskill Station, collect-

349 75

262 58

;8 01

670 34

ing eggs, .
Constantia Station, col-

258 00

445 94

870 74

1,574 68

lecting eggs,
Lake Michigan, collect-

533 25

49 74

210 25

793 24

ing eggs, .
Onondaga Lake, collect-

637 5°

731 03

1,368 53

ing eggs, .
Distribution Black Bass,

47 °°
125 00

35 22
262 93

82 22

387 93

Repairs to fish car " Adi-

rondack," fish cans,

etc..

1,859 80

1,859 80

Advance to Jas. Annin,

Superintendent,

500 00

COO 00

$6,970

00

$15,827 22

$9,504 55

$10,732 07

$43,033 84

56

REPORT OF THE COMMISSIONERS OF

act)edQlc " :S."

Fish, Game and Forest Protectors' Salaries and Expenses for Fiscal
Year Ending September 30, 1896.

Salaries. Expenses.

$2,000 00 $894 23

3°5 88

J. VV. Pond, Chief Protector,
Ackley, J. L., Protector,

Beede, F. S.,
Brooks, E. I.,
Carver, Geo.,
Clock, S. T.,
Donnelly, T. H.,
Emmons, L. S.,
Elmendorf, Ira,
Ferguson, John,
Helms, D. G.,
Hathway, Eugene,
Hawn, Spencer,
Hicks, Edgar,
Hesbach, Sebastian,
Kidd, Willet,
Klock, A. B.,
Lamphere, J. H.,
Lawrence, J. D.,
Littlejohn, J. VV.,

(Oyster),

(Oyster),
(Oyster),

5 mon

1 5 months,

Leavitt, J. E., Assistant Chief Protector,

Lobdell, E. J., Protector, 13 months

McCollum, B. H.,

Morrill, B. S.,

Northup, Jos., "

Potter, F. M., "

Potter, O. S.,

Prouty, S. N., "

Pomeroy, D. N., "

Reed, W. L.,

Rush, R. M.,

Salisbury, Barnard, " 13 months

Smith, Geo. B., "

Ten Eyck, W. A.,

Winslow, Alvin, "

ths

3,3^ 59
440 78
290 93

499 92

186 65
320 09

499 92
298 24

350 00
84 64

541 58

541 58

1,083 29

1,500 00

499 92

367 31

327 02
324 00
624 93

1,200 00

541 58
438 08

145 12

499 92

187 47

394 71

368 69

499 92

499 92
340 59
522 76

328 44
145 12
541 60

381 16
261 88
449 94
137 13
268 19

449 5°
263 92

■63 93

76 20
352 05
488 53

791 39
482 34

424 71
331 88
294 38
252 15
502 25
520 36

487 5°
384 60
113 17
437 15
66 14

255 12

333 46

450 00

449 2'
320 00
412 52
300 63
129 10

487 51

Total.

$2,^94 23

638 47

821 94
552 81
949 86

323 78

588 28

949 42
562 16

513 93
160 84

893 63

1,030 II

1,874 68

1,982 34

924 63

699 19

621 40

576 15
1,127 18
1,720 36
1.029 08

822 68
258 29
937 07
253 61
649 83
702 15
949 92
949 13
660 59

935 28

629 07

274 22

1,029 'I

Forward, $17,767 31 $12,718 ii $30,485 42

FISHERIES, GAME AND FORESTS.

57

Brought forward,
Worts, M. C, Assistant Chief Protector,
Holmes, Jas., Protector,

Brown, Robt., "

Kennedy, Matthew, "
Muir, Arch., "

Hutchins, Carlos, "

O'Brien, J. H.,
Shaul, Nicholas, "

Hazen, E. A..

Wolf, Wm., Clerk to Chief Protector,
Finley, M. C, Special Agent,
Palmer, S. J., Special Services,
Haywood, L. M., "
Newton, J. M., "

Barber, C. H.,

Total,

Salaries.

Expenses.

Total.

$17,767.31

$12,718

1 1

$30,485 42

1,200 00

536

34

1.736 34

145 81

89 46

235 27

13 88

12

50

26 38

83 32

97

29

180 61

83 32

69

26

152 58

166 64

150

00

316 64

72 61

63

50

J 36 11

157 21

141

54

298 75

III 88

66

53

178 41

300 00
333 32

300 00

384 42

5'

10

54 50
16 00

54 5°
16 00

20 00

20 00

39 21

39 21

$20,565 01 $13,995 63 $34,560 64

3ct)edale " C."

Salaries and Expenses of Officials and Clerks for Fiscal Year
Ending September 30, 1896.

Barnet H. Davis, President,
Henry H. Lyman, Commissioner,
William R. Weed,
Charles H. Babcock, "

Edward Thompson, "

Hendrick S. Holden, "

A. N. Cheney, State Fish Culturist,
Jas. .\niiin, Jr., Superintendent of Hatcheries,
Williarr F. Fox, Engineer and Superintendent State
Forests, ......

F. B. Mitchell, Secretary,

Charles A. Taylor, Assistant Secretary,

.\. J. Mulligan, Auditor,

Forward,

Salary.

Expen

ses.

Total.

$4,166 64

$837

37

$5,004 01

583 31

586

26

1. 169 57

1,625 00

687

79

2,312 79

1,416 66

765

99

2,182 65

1,416 66

792

79

2,209 45

784 74

251

09

1.035 83

3,000 00

487

66

3,487 66

2,499 96

1,480

75

3,980 71

1.999 92

83

77

2,083 69

1,166 62

68

93

1.235 55

571 00

63 38

634 38

1,500 00

1,500 00

$20,730 51

$6,105

78

$26,836 29

58

REPORT OF THE COMMISSIONERS OF

A. B. Strough, Special Agent. .

J. J. Fourqurean, Stenographer,

John Liberty, Clerk to Chief Protector,

William Wolf, "

M. C. Finley, Special Agent, .

Salaries.

Expenses.

Total.

Brought forward, $20,730

SI

$6

105 78

$26,836 29

1,200

00

7 36

1,207 36

1,000

00

1,000 00

ctor, . . . 400

00

400 00

866

00

20 66

886 66

391

10

391 1°

$24,587

6i

$6,

133 80

$30,721 41

Office Expenses

Stationery and Printing :
Weed Parsons Printing Co., printing,
Hudson Valley Paper Co., "
Sherman F. Denton, drawings,
Jas. B. Lyons, printing .
D. S. Walton & Co., engraving,
Stewart Warren & Co., •'
S. G. Spier, stationery,

A. H. Clapp,
Albany News Co., "
Riggs & Co.,
A. F. Werner,
Banks Bros., "

Sinith Premier Co., "
J. McDonough, "

Telegraph and Telephone :
Western Union Telegraph Co.,
Postal Cable Telegraph Co.,
Hudson River Telephone Co.,
Metropolitan Telephone Co., New York,

E.xpressage :
American E.xpress Co., .
National Express Co.,

To postage stamps and box rent.

$866 57

280

93

i8t

95

100

04

30

00

17

03

13

10

8

65

20

58

9

00

6

5°

7

00

4

00

2

50

$1,547

85

$302

08

19

°S

338

74

143

47

803

34

$296 84

206

08

502
.621

$621

76

92
76

Forward, $3,475 87

FISHERIES, GAME AXD FORESTS.

59

Miscellaneous Expenses.

Brought forward, $3,475 87

1895.

Oct.

Samson Murdock Co.,

directory, .

$3 0°

A. F. Curtis,

files, . . . .

6 00

National Press Intelligence Co.,

clippings, .

14 25

J. McDonough,

books, . . . .

28 35

O'Neil & Hale,

insurance, . . . .

37 00

T. B. Cloyes & Co.,

u

30 00

Nov.

W. Berriam,

rent New York office,

250 GO

Rogers & Co.,

supplies, . . . .

10 70

Spier & Co.,

a

10 00

Milton Clark,

insurance, . . . .

165 00

J. Bien & Co.,

maps,

37 50

Dec.

W. Wolf,

New York expenses, .

22 80

Pyrke & McClaskey,

books.

4 48

Lang Stamp Works,

rubber stamps, .

32 75

Geo. Eland,

typewriting,

3 25

Banks Bros.,

books.

3 50

J. McDonough,

(t

I 45

G. P. Andrews,

janitor service. New York,

25 20

W. Berrian,

rent New York office.

83 32

John Liberty,

notary fees.

5 00

G. A. Burch,

spring water,

2 60

1896.

Jan.

G. P. Andrews,

services New York office.

58 55

Frazer & Kelly,

freight.

'3 50

G. H. Rison,

photographic work,

48 00

J. W. Law,

printing, .

20 40

J. Green,

sm-veying, .

15 00

Little Falls Journal,

subscription.

8 26

Wm. Wolf,

expenses New York, .

22 75

F. Helwig,

keys, ....

2 50

J. J. Fourqurean,

notary fees,

5 00

C. Donovan,

services deer park,

54 25

G. A. Burch,

water.

2 60

W. A. Atkins,

carting feed for deer, .

8 50

Mch.

J. G. Myers,

lamps,

9 90

Smith Premier Co.,

repairs.

Forward

7 5°

, $1,052 86

$3>475 87

6o

REPORT OF THE COMMISSIONERS OF

Mch. Forest and Stream,

Garden and Forest,

S. G. Spier,
April G. A. Burch.

Pyrke & McClaskey,

J. McDonough,

C. H. Buck.

Lang Stamp Works,

E. S. Starry,

Hughes, Simpson & Co.,

M. E. Dell,

H. H. Adams & Co.,

Century Publishing Co.,

A. V. Smith.

American Fisheries Association,

G. Wicks,

E. Thompson,

G. A. Burch,

Pyrke & McClaskey,

Pure Water Co.,

Brought forward

$1,052 86

subscription.

4 00

((

4 00

suppHes,

9 70

spring water.

2 50

books.

5 4°
25 35

subscription.

I 60
8 65

photos.

4 00

cartons,

54 60

typewriting.

6 50

lumber.

13 5°
I 00

subscription.

2 12

expenses, .

250 00

photographic work,

30 00

sundries New York office,

78 77

water,

5 25

books.

8 10

.

•

I 00

$3^475 87

1,558 90

Expense Account — Advertising.

1895.

Deer Protection :
Oct. New Paltz Independent,
Athens News,
The Ensign,

Sullivan County Democrat,
The Record,
The Freeman,
The Argus,

Oyster Land Leases :
Oct. Kings County Journal,
Excise Herald,

$2

00

2

00

3

50

4

20

4

00

I

5°

6

00

227

50

381

25

Forward. $631 95 $5,034 77

FISHERIES, GAME AND FORESTS.

6i

Dec.

Tan.

Kings County Journal,
Uptown W.eekly, .
Uptown Weekly, .
Richmond County Heralil, .
Richmond County Democrat,
Uptown Weekly, .
Kings County Journal,

Brought forward, $631 95

$5."34 77

655 20

808 60

143 00

26 00

22 00

45 50

143 00

2,475 25

Extra Labor.

Chas. A. Taylor, e.\tra accountant,
Leonard Jayco.x, collecting shad statistics,

E. A. Fay, compiling land applications,
H. D. Leslie, collecting shellfish statistics,

F. W. Allen, Custodian Lake George Islands,
Helen B. Franklin, typewriting,

J. W. Lick, special services, Staten Island,
Geo. W. Lewis, special services, Catskills,

Total office expenses.

$940

00

300

00

200

00

392

00

200

00

42

73

37

50

15

00

2,127 23

$9-637 25

Disbursements on Account of Shellfish Department.
1896.

June 16. Metropolitan Life Insurance Co.,
F. D. Clark,
W. J. Sloan,
A. B. Booth,
(;. W. Beck,

July 13. Edward Thompson,

Aug. 6. Gas Engine and Power Co.,

Sept. II. "

rent.

• $133 34

furniture.

84 00

carpets, etc., .

72 38

stenographer, .

2 65

printing.

II 25

sundry expenses.

■95 13

naphtha launch

1,450 00

fixtures.

20 00

$303 62

1.665 13

Total,

$1,968 75

62

REPORT OF THE COMMISSIONERS OF

acl)cdale " F."

Additional Lands and Completing Pleasant Valley Hatchery.

1895.
Oct. 8. R. D. Lynn,

Frank Campbell,

Dec. 10. Frank Gale,

\Vm. Townsend,
Charles Bates,
Monroe Allison,
Hanford Skinner,
Wm. Palmer,
V. T. Barrett,
H. Garry,
George Garry,
Walter Garry,
H. McGlachlen,
Oscar Johnson,
Kirkland & Piatt,

legal services,
map of land,

labor,

nails, etc.

$25

00

10

00

7

50

9

37

1 1

62

1 1

62

5

25

2

62

12

37

33

37

3°

37

33

37

28

87

25

87

I

95

$35

214 19

Total,

$249 15

1896
May

acl)edale ''Ci."

Pleasant Valley, Construction and Equipment of Ponds.

C. Van Secten,
Harry McLocklin,
Ambrose D. Booth,
Henry Garvey,
Hiram Osterhout,
O. S. Johnson,
¥. J. Dixon,
Richard Buckley,
S. W. Dixon,
Wm. Bun,
Alonzo Aldridge,
F. C. Hunniston,

plants for grounds,
labor.

team labor,
expenses and labor,
board of men,
labor.

$18

10

IS

00

15

00

15

00

15

00

39

75

30

00

48

00

64

00

29

56

18

00

54

25

Forward, $361 66

FISHERIES, GAME AND FORESTS.

63

May

[ uiie

lulv

Aug.

Brought forward, $361

66

Herbert Hunniston,

labor.

23

25

Crittenden & Co.,

fish food, .

7

51

Schuler Sons,

wire netting.

7

74

Brownell & Co.,

hardware, paint, etc., .

52

99

Kirkham & Piatt,

lumber.

26

05

Grant Christie,

labor and expenses.

46

61

R. Cotchefer,

expenses, .

16

°5

$541 86

Kirkham & Piatt,

lumber,

100

67

0. S. Johnson,

labor.

39

00

F. J. Di.von,

((

26

62

Hiram Osterhout,

u

27

75

Henry Garvey,

c(

33

38

Harry McLocklin,

<<

36

37

Ambrose D. Booth,

((

32

62

Wm. Ball,

labor and expenses.

67

85

Grant Christie,

labor.

58

50

Schuler Sons,

wire screens,

I 2

25

Brownell Co.,

hardware, .

21

87

A. Beekman,

lumber,

176

53

633 41

A. Beekman,

a

122

1 1

Gould Nolan,

tire, ....

i6i

40

Henry Garvey,

labor,

39

00

(). S. Johnson,

<.

39

00

F. J. Dixon,

tc

26

25

Hiram Osterhout,

n

36

00

Brownell Co.,

hardware, .

24

00

Harry McLocklin,

labor,

31

50

Wm. Ball,

carpenter, labor.

78

00

Galen Johnson,

labor,

37

5"

Kirkham & Piatt,

lumber.

147

3°

Grant Christie,

labor,

40

50

W. D. Oviatt,

labor on ponds, .

38

25

820 81

Brownell Co.,

hardware, .

46

00

Schuler Sons,

wire screens,

7

20

Kirkham & Piatt,

lumber,

212

43

Henry Garvey,

labor.

36

00

Forward, $301 63 $1,996 oS

64

REI'ORT OF THE COMMISSIONERS OF

Aug.

Brought forward

, $301

63

$1,996 08

A. D. Booth,

labor,

>

36

00

Hiram Osterhout,

24

00

0. S. Johnson,

39

00

Galen Johnson,

39

00

Harry McLockhn,

28

50

F. J. Dixon,

33

75

S. W. Dixon,

75

00

Wm. Ball,

carpenter.

73

05

Grant Christie,

labor,

62

75

W. D. Oviatt,

"

7-'

80

A. Beekman,

lumber.

308

51

T /^ rf^ ■> /^ l~\

1,093 99

$3,090 07

3(ll)cdalc " M."

Exterminating Billfish, Chautauqua Lake.

1896

Aug. 6. American Net & Twine Co.,

P. R. Brown,
Sept. 9. Jas. Annin, Superintendent,

Total,

nets.

. $169 42

paints, etc..

10 21

expenses.

61 06

$240 69

3cl)edQle "I."

Exterminating Billfish, Black Lake.

July

16. American Net & Twine Co.,

nets.

$^7

20

Aug.

6. G. A. Monk,

labor and expenses, .

61

75

Sept.

I. Paid Wm. F. Fox,
Total,

expenses.

165

53

$254 48

FISHERIES, GAME AND FORESTS.

65

acl)cdule "J."

Firewarden Fund. — Disbursements on
Posting Notices, Fighting
1896.

July 16. By postage account,
Aug. 6. Weed Parsons & Co., printing,

" 20. Paul Smith Hotel Co., labor,

J. M. Wardner, "

M. Moody,

C. C. Brown, "

J. H. Bintz,

J. M. Richards,

A. R. Turner, "

Wm. F. Bellin,

G. B. Warren,

E. Fisher,

E. B. Hobbs,

A. C. Farr,

John Hinkson, "

Childwold Park Hotel,
Frank Holmes, "

E. P. Gale,

F. W. Abram.s,
Robt. Hanley,

Patrick Hanley, "

Daniel Schuyler, "

Henry Willin,

Chas. Schuyler, "

Wm. Hunter,

Herbert Snell, "

F. D. Brown,
O. H. Cross,

B. F. Mer^vin, "
J. G. Thompson, "
Wm. W. Merrill,
A. N. Jenks,

Morgan Gerring, "

E. Russell, "

Bert Jenks, "

Account of Printing, Postage,
Forest Fires, Etc.

$100

00

215

00

10

00

I I

00

63

00

4

00

8

00

20

00

6

00

12

00

20

00

4

00

8

00

8

00

8

00

27

00

22

00

12

00

32

00

6

00

18

00

2

00

9

00

9

GO

9

00

40

00

26

00

26

00

88

15

254

5°

63

50

36

00

24

00

2

00

8

00

Forward, $1,21 1 15

66

REPORT OF THE COMMISSIONERS OF

Brought forward,

Aug. 20. Geo. E. Jeiiks,
Fred Jenks,
Bert Russell,
Herb. Monroe,
E. M. Jenks,
Ed. Sheehan,
A. O. Ingraham,
John Wakeley,
G. M. Swan,
J. D. Gates,
H. I). Stone,
Frank Shaw,
L. Taylor,
W. Menze,
Frank D. Stone,
L. K. Dayton,
John Agan,
Geo. Kingsley,
Guy Howe,
Ralph Howe,
H. D. Howe,
O. S. Kingsley,
John Kingsley,
James Howe,
Wallace Reed,
Frank Anderson,
lohn Howe,
Melvin Howe,
Chas. Bartlett,
Calvin Blanchard,
Geo. Dodge,
Geo. Donovan,
John Forbes,
Francis Bruce.
Byron Blanchard,
Alex. Blanchard,
Peter Blanchard,
Thomas Madden,

labor

$1,211 15

1 2 00

10 00

16 00

8 00

20 00

6 00
36 00
16 00
29 00
16 00

7 50
2 00
2 00
2 00
2 00

2 GO

2 00

3 00

3 00
3 00

3 00

4 00
4 00

3 00

4 00
3 00
3 00
3 00
6 00

3 00
2 00
2 00
2 00

4 00
2 00
I 00

50
50

Forward. $1,458 65

FISHERIES, GAME AND FORESTS.

67

Brought

Aug. 20. Jas. Maynard,
Nath. Dodge,
David Allen,
Chas. Poole,
Henry Beeman,
Benj. Dodge,
Jas. Umber,
Wm. Beeman,
Allen McLean,
E. C. D. Wiley,
John Mea,
C. A. Jordan,
Elbert Daniels,
Ira Daniels,
Alex. Parseneaii.x,
Jas. Patten,

C. Winch,
Arthur Morehouse,
Albert Morehouse,
S. T. Thomas,
Jos. Thomas,
Geo. T. Thomas,
John Davidson,
Benjamin Balcom,
Samuel Balcom,

D. M. Armstrong,
Frank Robbins,
Eenj. Whipple,
Walter Taylor,
M. D. Pascoe,

E. M. Pascoe,
J. A. Pascoe,
Colbert Pascoe,
Samuel Pascoe,
William H. Johnson,
Charles Dunkley,
William Montgomery,
Stephen Colvin,

labor,

i-ard,

$.

,458

65

50

50

5°

50

50

50

2

00

4

00

50

18

00

10

00

6

00

3

00

3

00

3

00

14

00

8

00

2

00

2

00

4

00

4

GO

2

00

4

00

2

00

2

00

2

00

2

GO

4

00

8

GO

6

00

6

00

6

GG

2

00

2

GG

4

00

2

OG

4

00

2

GO

Forward, $1,605 15

68

REPORT OF THE COMMISSIONERS OF

Brought forward

$1,605 15

Aug.

20. Thomas Rist,

labor.

6 00

E. Ross,

(t

4 00

E. J. Hitchcock,

((

2 00

Lankey Dunkley,

K

2 00

Taylor Ross,

(C

2 00

M. Burke,

l<

4 00

Ira Ross,

((

2 00

E. Whitney,

If

2 00

E. Hitchcock,

It

2 00

Watson Bartman,

<(

8 00

David Russell,

((

8 00

Charles Russell,

«

6 00

David Millington,

<«

6 00

Truman Millington,

1(

6 00

Clarence Dunkley,

<l

2 00

Ellis Dunkley,

((

2 00

James Piper,

(1

4 00

Fred. Hitchcock,

((

2 00

Freeman Hammond,

<l

2 00

Charles Baker,

«

2 00

A. H. Jenks,

<(

2 00

W. H. Reese,

tt

2 00

Harvey Hitchcock,

«

2 00

John Hitchcock,

it

•

2 00

Luke Rist,

It

2 00

H. Bryant,

(1

4 00

Harvey Bryant,

It

2 00

Edwin Hall,

<(

2 00

George Hodgkins,

((

2 00

Bert Jenks,

tt

2 00

F. W. Marshall,

(I

2 00

Lee Somerville,

ti

2 00

E. J. Hitchcock,

«

2 00

Melvin Wilcox,

«

2 GO

Freeman Madison,

((

3 60

N. Barnet,

IC

I 40

William Lewis,

<c

3 60

Harrison Balcom,

<l

Forward,

3 20

$1,720 Qi;

FISHERIES, GAME AND FORESTS.

69

Aug. 20. John Newton,
A. Shattuck,
Clayton Waters,
George Duell,
H. Sexton,
E. Shattuck,
A. Ward,
E. Decker,
Leroy Balcom,
J. N. Kelley,
Henry Balcom,
W. J. Miller,
Charles Davis,
H. W. Hall,
E. Decker,
A. Armstrong,
Claude Shattuck,
Noble Waters,
W. Brown,
A. E. Rand,
J. C. Leech,
Hiram Rand,
Franklin Spaulding,
John Hall, '
E. T. Ackerman,
Amos Ross,
W. W. Delorm,
M. Decker,
Neth. Putnam,
J. B. Frazen,
E. M. Bosford,
J. A. Balcomb,
E. B. Suddard,
M. Hastings,
E. J. West,
C. S. Wood,
O. Hammond,
Tiu'man Hammond,

Broug

ht forward

$1,720 95

bor.

3 40

it

I 20

it

I 60

t<

2 40

<i

2 00

«

I 00

«

I 20

«

I 00

t£

I 80

tc

2 20

cc

3 2°

tc

: 00

«

I 00

l<

T 20

<t

I 20

«

I 00

«

I 20

K

2 00

«

2 20

l(

I 00

«

I 00

u

I 00

cc

I 00

cc

2 20

cc

1 00

cc

4 00

cc

3 60

cc

I 20

cc

2 80

cc

4 20

cc

4 10

cc

5 95

cc

4 00

cc

5 00

cc

2 00

cc

8 00

cc

2 00

»

2 00

Forward, $1,808 80

70

REPORT OF THE COMMISSIONERS OF

Brought forward, $i,8o8 80

Aug. 20 Fred. Murray,
Fred. Stanton.
C. J. Russell,
K. V. Wbitmore,

B. E. Whitmore,
Mead Ellsworth,

Aug. 31. E. M. Rickert,
Scott West,
Fred. Jenks,
Fred. Wicks,
Leslie Bailey,
Gustave Wickham,
Lloyd Brown,
William West,
John H. Guire,
L. Hayford,
Ramson Sage,
A. Hayford,
Caleb Barker,

C. A. Wright,
W. A. Harris,
M. Harris,

A. Harris,
O. Harris,
A. Smith,
Martin Smith,
Jonas Guire,
Charles Reynolds,
O. Knowlton,
G. W. Cobb,
Chas. Guire,
J. J. Guire,
William Sage,
O. Harris, Jr.,
Leigh Knowlton,
M. Boh,
Christian Frank,
Frank H. Krebs,

labor,

a
u

u

2 GO

2 00

2 CO

4 °o

4 00

4 00

8 GO

2 00

4 00

2 00

2 00

8 00

4 00

2 GO

2G 00

2 00

4 GO

4 00

2 00

2 00

6 00

2 00

2 00

2 00

2 00

2 GO

8 00

6 00

8 00

4 00

8 00

12 00

6 00

6 00

10 GO

4 GG

2 00

2 00

Forward, $1,984 80

FISHERIES, GAME AND FORESTS.

71

Br

DUght

forw.

ird,

$1,984 80

Aug. 31

A. M. Romanda,

labor, .... 6 00

A. M. Boh,

it

2 00

D. E. Call,

tc

14 00

Joseph Delomb,

tt

6 00

George F. Allen,

it

8 00

J. F. Oliver,

a

3 00

Fred. Mohker,

tt

4 00

Frank Burbank,

11

6 00

George Harrington,

li

4 00

Wallace Gary,

it

8 00

C. Clark,

tt

3 00

Joseph Russell,

it

6 00

William Warrungton,

it

8 00

Lee Harrington,

tt

6 00

Alvuh Harrington,

tt

6 00

Loomis Huntley,

tt

7 00

H. Rawson,

it

4 00

'

Elmer Butler,

tt

4 00

R. M. OHver,

tt

I GO

N. Whitley,

it

6 00

A. J. Mulligan,

it

24 41

M. H. Tyrell,

tt

4 00

A. Warren,

tt

7 50

N. Russell,

tt

I 00

Eli Taylor,

tt

2 00

J. Whitley,

it

6 00

E. Knox,

It

5 °o

A. King,

It

I 00

A. Taylor,

tt

2 00

M. Bradley,

11

6 00

Shea Oliver,

tt

3 00

0. Cross,

li

44 00

A. B. Ackerman,

"

I 00

William R. Weed, Chairman,
Total, .

balance on hand,

28 50

. $2

,232 21

72

REPORT OF THE COMMISSIONERS OF

i»95.
Oct. I.

Nov. 7.

i8g6.
Jan. 6.

June 2.

July 2.

Forest Preserve Fand.

Receipts.

To balance brought over, .....
Received of .-^gnes Renger, rental. .State lands,
A. L. Jiidson, rental, State lands.

Received
Received
Received

Aug. I.
Sept. I.

Mar. 26.
Sept. I I.

Received
Received

Received
Received

of Morgan Lumber Company, proceeds from

sale, logs cut on undivided lands
of A. H. Manierre, rent, State land,

E. & B. Manierre, rent, State land,
of W. B. Mason, rent. State land,

J. Lapham, rent. State land,

W. D. Mann, rent. State land,

C. P. Kirby, rent. State land,

A. C. (ierster, rent. State land,
of I). Bloodgood, rent, State land

T. H. .Stott, rent. State land,
of T. P. Wicks, rent, State land,

William A. ^\'ait, rent, State land,

F. B. Mitchell, rebate on bill for examining

Adirondack land, 1895,
interest on deposits,
interest on deposits,

$78,215 83

50 00
50 00

375

00

150

00

150

00

150

00

75

00

50

00

50

00

200

00

75

00

20

00

30

CO

30

00

1 1

75

592

52

149

25

Disbursements.

Expenditures for purchase of lands in Essex County, as per chapter

1009, Laws of 1895, ........ $3,901 86

Expenditures for purchase of lands in Warren County, as per chap-
ter 1009, Laws of 1895, ....... 17,500 00

E-xpended for purchase of lands in Hamilton and Herkimer coun-
ties, as per chapter 561, Laws of 1896, .... 50,000 00

E.\pended in examining lands preliminary to purchase, surveying,

maps, etc., .......... 3,282 50

$80,424 35

$74,684 36

FISHERIES, GAME AND FORESTS.

Receipts and Disbarsements on Account of Trespass on

3tate Isands.

Receipts.

1896.
Jan. 25. People vs. D. L. Woodworth, .
Aug. 21. People vs. A. Lyndecker,

People vs. H. Young, ....

Disbursements.
1896.
Aug. 21. Moiety to E. J. Lobdell,

Moiety to A. B. Klock, ....
Legal costs paid, .....
Sept. 30. Balance in State Bank, Albany,

3betlftst) Franchise Accoant.

Receipts.
1895.
Dec. 2. Received of E. P. Doyle, former secretary, on account, . $1,819 93

1896.
Jan. 22. Received of E. P. Doyle, former secretary, on account, . 14 28

Received of E. P. Doyle, former secretary, on account, 55 67

Feb. 20. Received of Commissioner Thompson, for sale of fran-
chises and rental on leases, ..... 269 74
Aug. 20. Received of Commissioner Thompson, for sale of fran-
chises and rental on leases, . . . . . J94 57

$225

00

35

00

35

00

$295 00

$25

00

25

00

6

3°

238

70

$295 00

Disbursements.

1895.

Dec. 2. By check to Comptroller Roberts, ..... $1,819 93

1896.

Jan. 22. By check to Comptroller Roberts, ....

By check to Comptroller Roberts, ....

Feb. 20. By check to Comptroller Roberts, ....

Aug. 20. By check to Comptroller Roberts, ....

14

28

55

67

269

74

194

57

$2,354 19

$2,354 19

74

REPORT OF THE COMMISSIONERS OF

3Qmmar>^ of Fisb-net lyicenses Issaed Daring tl)e ^ear Ending

September )0, l^^fo.

Hudson River,

Lake Erie,

Lake Ontario,

Oneida Lake,

Otsego Lake,

Onondaga I-ake,

Mill Site Lake,

Niagara River,

Twelve- Mile Creek,

Other waters,

Wappinger Creek, Wallkill Creek, Ten-Mile River,

Perch Lake, ......

Newburgh Water Commissioners,

Total,

271
183
70
'17
42
40
16
12

5
5
18
I
1

78,

Fees received for same, .

$788 00

T895.
Nov. 7.

1896.
Feb. 19.
20.
Mar.
June
Sept.

'7-

10.

3°-

Payments.

By license fees refunded on cancelled licenses.

By check to James A. Roberts, Comptroller,
By check to James A. Roberts, Comptroller,
By check to Jaines A. Roberts, Comptroller,
By check to James A. Roberts, Comptroller,
By cash in State Bank, Albany,

$5

23 00

235 0°

27 00

360 00

138 00

$788 00

FISHERIES, GAME AND FORESTS. 75

Report of Fist) Caacjf)t in Licensed Nets for tt)e ^lear Ending

September 30, l396.

LAKE ERIE.

POUNDS.

Sturgeon, ............. 58.410

Other fish of all kinds, ........... 189,902

Total, 248,312

Reported value of same, ........... $8,348 12

LAKE ONTARIO.

POUNDS.

Sturgeon, ............. 20,420

Other fish of all kinds, ........... 46,438

Total 66,858

Reported value of same, .......... $3,099 49

ONEIDA LAKE.

POUNDS.

Bullheads, 51,491

Eels, suckers, sunfish, pumpkinseeds, mullets, ling, ...... 56,243

Total, 107,734

Reported value of same, .......... $4,309 36

OTSEGO LAKE.

POUNDS.

Suckers, . . . . . . . . . . . . • • i,i45

Whitefish and frostfish, 22,139

Total, 23,284

Reported value of same, .......... $2,051 87

MILL SITE LAKE.

POUNDS.

Ciscoes, 3S>333

Reported value of same, ........... $413 33

76 REPORT OF THE COMMISSIONERS OF

PERCH LAKE.

POUNDS.

Suckers, eels, rock bass, sunfish and bullheads, 8,113

Reported value of same, . . . . . . . . . . $447 10

ONONDAGA LAKE.

POUNDS.

Whitefish, bullheads, suckers and sunfish, ....... 2,785

Reported value of same, . . . . . . . . . . . $173 64

HUDSON RIVER.

POUNDS.

Shad 1 39.649

Herring 265,155

Bullheads, catfish, eels, pickerel, perch and carp, 119,120

Total, 523.924

Reported value of same, $i3>393 56

NIAGARA RIVER.

POUNDS.

Perch, eels, suckers, pike, bullheads, etc., ........ 10,109

Reported value of same, .......••• $170 °5

OTHER WATERS.

POUNDS.

Bullheads, dogfish, catfish, suckers, eels, pickerel, peach and carp, . . . 36.237

Reported value of same, . . . . . . . • • • $126 00

Total number pounds of fish, .......••• 1,062,689

Total value of fish, $32,532 52

FISHERIES, GAME AND FORESTS.

77

3tatement of Fines and Penalties Aecoant from October 1,
1^95, to September )0, 1596.

1895.

Oct.

Nov.

Receipts.

I. Balance on hand in State Bank, Albany
S. People vs. Sprague & Penny,

16. " P. Brennan,

Shelly,
" Albert Seager,
" Samuel Burns,

17. " Fonda & Saulspaugh,
" George Outman,

C. B. Creig,

" Sidney Cole,

" Marston et. al.,

26. " Daniel Miller,

" William Knope, .

" Robert Flousburg,

" John Labarge,

" Benjamin Glimpse,

" Patrick Brown,

31. " Frank Adams,

8.

People vs

Constable & Bartlett,

a

Henry Yeager,

i(

W. E. Wilcox,

t(

F. Cooper, .

(t

C. Potter, .

(i

Seymour & Baker,

9-

t(

J. H. Bean, .

li

James Frank,

II.

it

Fenn, Clark, et. al..

12.

It

Constable, Yeager & W

20.

((

Baker & Seymour,

26.

<£

William O'Neil, .

25-

(<

John Leaf, .

((

William Roberts, .

a

Leroy Smith,

ilcox,

. $1,281

5S

23

00

35

00

9

00

10

50

3

10

20

00

8

00

21

°5

10

25

66

00

49

00

6

3°

10

00

21

95

7

75

50

00

100

GO

$92

40

26

65

26

25

26

65

41

25

40

00

75

00

100

GO

150

00

51

80

10

00

5

00

24

00

10

00

10

GO

$1,732 48

Forward, $689 go $1,732 48

78

REPORT OF THE COMMISSIONERS OF

Brought forward, $689 00 $1,732 48

Nov. 25. People vs. Joseph Spohr,

" Frederick Bagoe, .

27. " H. E. Hall,

29. " W E. Cole,

" E. P. Doyle, on account,

Dec.

13-

18.

24.

People vs. E. P. Doyle, on account E. T. McCormack

" E. P. Doyle, on account B. C. Roup,

" E. P. Doyle, on account M. Kennedy,

" E. P. Doyle, on account Frank Joy,

" E. P. Doyle, on account error Joy check

" Frazer & Allen,

" Horton & Horton,

" Robert Burnhart,
J. \V. Pond, refund on Bagoe case

People vs. Lent, .

" Edmund Utter, .

" D. J. Brown,

" Joseph Finn,

" Peter Gosner,

" Frank Rose,

" George Gerivodo,

" John Barnard,

" E. Costello,

" Berna Benola,

" Conrad Seigel,

" Julius Frank,

" Emil Nodine,

" Gerald McGuire, .

" J. C. Carter,

" E. Keyser,

" G. Kohler, .

" WiUiam Cleveland,

" John Miller,

" Henry Minch,

" Armstrong & Heffer,

" Holli.ster,

" Moak,

10 00

190 08

50 00

32 25

1,195 °°

$72

2 1

13

95

40

00

135

20

30

00

19

00

19

00

16

00

100

00

25

00

40

00

50

00

10

00

15

CO

25

00

25

00

30

00

30

00

10

00

10

00

10

00

20

00

4

00

2

50

10

00

ID

00

10

00

10

00

10

00

10

95

5°

00

40

00

166 32

Forward, $902 8i $3,898 81

FISHERIES, GAME AND FORESTS.

79

Dec. 28. People v.s. Wooden,
" Bishop,

Redge,

1896.
Jan. 2. People vs. Salem Towne,
H. Washband,

F. Osterley,

" J. E. Livingston,
" FMward Carr,

" George Bard,

A. Bailey, .
L. Wilco.\, .
\V. Hill,

" George E. Sellick,

7. " George W. Clark,

T. F. Held,
" J. Bonfeldt,
" Schultz,
" George Rogers,

8. " N. Valand, .
10. " John Shrimer,

" J. Bentline,
13. " W. Phillips,

" G. B. Rathbone,
H. W. Eldridge,
H. Gould, .

" Henry Rathbone,

G. Flint,

" L. Lawrence,
" George Vroman,
20. " T. Gennegow,

" F. Schwartzman,

B. Silvey, .
25. " E. Pickard, .

D. Hughes,
" B. Hopler, .
" B. Alberton,

Brought forward, $902 81 $3,898 81
92 00

30 GO

30 00

1,054 81

$23

20

75

00

31

10

23

70

20

00

20

00

2

00

20

00

10

00

1 2

55

44

00

5

00

5

00

5

00

10

00

27

CO

5

00

5

00

25

00

88

35

10

40

38

10

88

10

85

5°

9

00

22

00

'5

32

15

33

98

50

35

00

37

30

40

00

14

7°

q66 15

Forward, $5,919 77

8o

REPORT OF THE COMMISSIONERS OF

Brought forward, $5,919 77

Feb. 4. Check from E. P. Doyle, on account,
6. " " "

People vs. Grenock,

" G. Fisher,

" George Cocheron,

" S. McPherson,

12. " M. W. Doxtader,

" Sueper,

26. " Bishop,

" H. Earley, .
J. J. Levy, .

Mar. 2. People vs. A. C. Talbot,
G. B. Talbot,

" Leon Talbot,

" Perry Talbot,

" Art Talbot, .

" O. C. Gardner,

" Henry Light,

" C. F. Munson,

" E. B. Gregory,

" J. H. Bingham,

" B. Holdridge,

" William Broder,

" Thomas EUerson,

" Bert Bailey,

" W. Burdick,

" William Norton,

" C. Arnold,

" C. Bennington,

" L. D. Hopkins,

" C. E. Chase,

" L. Button, .

" D. Robinson,

" C. Person, .

" D. Arnold, .

" J. B. Parker

" W. J. Cook,

$1,000 00

514 82

20 00

5 15

15 5°

51 00

58 00

13 00

56 00

40 00

50 00

$9 00

9 00

9 00

9 00

, 9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

9 00

85 00

1,823 47

Forward, $310 00 $8,053 24

FISUEKIES, GAME AND FORESTS.

8l

Mar. 2. E. P. Doyle, check, on account,
1 8. People vs. Wallace & McDonald,
" Cavanagh, .

" Dunning,

M. Parker, .

Henry Park,
" William Holscher,
" James Sweet,

W. E. Kidder,
" G. Sponibal,

" George Kane,

" G. Meeker,

A. J. Walker,

B. F. .\rnold,

W. E. Meeker, .
H. P. Davis,
•' E. J. Johnston,

J. J. Rose,
" A. N. Johnson,
" J. K. Armstrong, .
" William Cross,
" H. Harrington,

E. C. Miller,
G. H. Chase,
Wm. H. McHarvey,
'• J. C. Chapin,
'• John Carncross, .
26. E. P. Doyle, check, on account.
People vs. D. C. Badger,

Apr. 2. People vs. W. Lee,

" Henry Jones,

" George Raub,

10. " C. E. Gardner,

" J. Brazie,
15 " Sisson & Thompson,

" F. L. Collins,

E. P. Doyle, check, on account.

Brought forward, $310 00
300 00

53 90

25 00

10 00

g 00

9 00

9 00

9 00

9 00

10 00

10 00

ID 00

10 00

10 00

10 00

10 00

10 00

10 00

10 00

10 GO

10 CO

10 00

10 00

10 00

10 00

10 00

66 75

300 00

100 60

$8,053 24

$105

00

24

25

8

65

22

25

13

40

32

90

1

65

380

■9

1,381 25

Forward, $594 29 $9,124 49

REPORT OF THE COMMISSIONERS OF

Apr. 2 1. People vs. P. Alfred,

" Garret & Brown,

23. " M. Brady, .

May

I.

People vs

Bauer,
Dollie,

'

li

Young,

.

<(

Smith,

.

Briggs,
Whitbeck,

•

a

Dunham,

.

2.

it
a

Angelo,
Aversa,
Mandbond,
Marono,

•

it

Palladine,

.

ii
ti

Bennett,
Palmer,
London,

•

li

Piola,

.

ii

Conjonya,
Metzges,

•

5-

DuBois,
Young,

•

9-

hi

Welch &: For

bes, .

((

Doyle & Dec

ker, .

a

Davis & Tin

klepaugh.

ti

Burton & J 01

les, .

li

Hudson & A

nnstrong.

II.

"

Sutton,

12.

'•

Walrath,

((

Stebbins & R

.yder.

u

Hoag & The

mpson.

(t

Pettit & Dav

is.

16.

Free, .
Whitford,

a

Patterson,

tt

Fitzmorris,

,

Brought forward, $594 29 $9,124 49
85 50
150 00
15 00

844 79

$8 00

15 00

3 80

6 85

I 40

6 85
50 00

15 GO

:o 00

20 GO

IG GO

2G GO

20 00

20 GO

25 00

10 00
10 00
10 00
10 00

17 50

20 00
20 00

17 40

32 75

18 25

7 80
10 30

46 25

47 93
42 45

15 00

36 90
5 85
$625 48 $9,969 28

Forward,

FISHERIES, GAME AND FORESTS.

83

Brought forward, $625 48 $9,969 28

Mav

June

16.

People vs

Potter,

((

Lobdell,

18.

<t

Van Etta & Haley,

20.

((

Riley, .

It

Waring & Snyder,

it

Deal, Hagen & Kohn,

23-

It

Wicks, Ellis et al.,

it

Naylon, Klepsie et al.,

28.

a

Fronley and Malard,

(t

Hermon & Klinetop,

29.

(t

Marathon et al., .

«

Walhouser, .

it

E. Sage,

I.

People vs

Smith,

6.

"

Richeson,

((

Herrick et al..

It

Dobson,

ti

Olivette,

it

Wormwood, .

It

Ham & Haynor,

It

Belnap & Landers,

13-

tt

Demetzer et al.,

IS-

it

Anibal et al..
Strong & Co.,

tt

Browning, .

tt

Boehm,

It

Smith,

tt

Potts & Coobs,

tt

Thomas & Osbom

23-

a

Dubois,

tt

Jones,

tt

Darling,

It

Hull, Dibble & Martin,

3°-

It

Wisner, Sothern et al.

it

Corey,

ti

Simmons,

22

10

'5

00

H

90

26

60

1 1

75

'9

00

38

00

40

00

20

00

1 1

40

100

00

14

40

8

00

$83

00

24

00

■5

00

16

25

8

00

35

GO

1 1

75

12

00

18

00

44

50

75

GO

2

90

10

95

20

00

10

65

20

00

7

OG

49

GO

5

80

29

GO

19

40

5

45

5

45

966 63

528 IG

Forward, $11,464 01

84

REPORT OF THE COMMISSIONERS OF

July I. People vs. Edgar Kemp,
" T. Greenough,
" George Myers,
" J. Jones,
6. " Charles Argus,

" Peifer, Saul et al

•' J. W. Osbom
" Gardner,
" H. Simon,

" F. Donovan,

Peck & Mosher,

J. A. Quick.
" Graber et al.,

G. A. Yates,
" Stevens & Parkhur
" Sheldon et al.,
" Horace Lewis,

" Lewis Cornwall,

28. " George T. Beck,

" Byron Harris,

Warden & Trask,
" Dennis & Crosley,

" George M'. Seil,

A. Ward, .
" Barnard Brink,

" Mark Sherman,

D. C. Marsh,
" Seager,

Aug. 5. People vs. R. Miller,

Henry Miller,
" Henry Drego,

" D. E. Bonner,

D. J. Day, .
" William Nash,

'<- M. Hathaway,

" Beese Car, .

6. " L. E. Woodbury,

St,

Brought forward, $11,464 01
$5 20
25 00

8 00

5 30

5° 0°
50 00

5 75

7 00
25 00
10 00

75 °o
50 00
10 00

31 GO

20 GO

30 GO

48 00
10 00

17 35

2G 00
15 OG

13 40

9 00
I 00

10 00

49 00

5 °o
15 °°

$38

45

39

°5

10

00

27

50

16

°5

20

OG

24

00

26

90

8

12

Forward, $2ig 07 $12,084 o'

FISHERIES, GAME AND FORESTS.

85

Brought forward,

Sept.

6.

People vs. M. Talbot, .

C. E. Smith,

8.

" Edsori Beede,

10.

W. & N. Cady, .

" Thomas Watts,

12.

C. W. Ingalls,

14.

" E. B. Knox,

19.

" S. Shattuck,

" Oscar Curtis,

28.

" Alpine & Bowen,

29.

C. Strevell, .

" Crouch et al.,

3'-

" Moxam, Shields &

" A. Richardson,

W. Miller, .

c Beeldeton

2.

People vs. Ellis,

Brosch.

A. Call,

F. Bell,

H. Hicks, .

" Jennings, Turner & W

Holdridge & Bell,

" Knowles & Everton,

" Agaard & Rasmussen,

10.

W. H. Coon,

1 1.

" .\rthur Depee,

I 2.

" Comstock & Drenned

14.

" Robinson & Holcomb

" Britton & Young,

" Peter Patterson,

" Ross Springsted, .

16.

" C. A. Conant,

19.

■' James McClear,

22.

" Edward Benjamin,

23-

" L. Holmes,

25-

C. D. Dowler,

$210

07

$12,084 01

10

00

55

15

25

00

16

85

5°

00

25

00

5°

00

10

00

8

00

20

00

10

00

100

00

40

00

10

00

'5

00

655 07

$18

00

7

65

24

00

5

00

10

00

17

°5

12

GO

13

20

20

00

10

GO

5

GG

21

00

20

GO

20

00

25

00

7

15

39

OG

I 2

75

23

OG

20

8g

21

90

Forward, $352 50 $12,739 °8

86

REPORT OF THE COMMISSIONERS OF

Sept. 26. People vs. John Morris,
30. " Fred. Derman,

Brought forward, $352 50 $12,739 °3
ID 00
10 00

372 50

Total receipts, fines and penalties account,

$13,111 58

Disbursements.

1895.

Oct. 3. H. C. Carr,

moiety.

Mitchell case.

H. C. Carr,

(,

Grosser & Mape

Frank Joy,

a

Alger,

John E. Leavitt,

a

Saltsman, .

Thomas C. Welch,

attorney services, .

5. I). N. Pomeroy,

moiety.

Ehrenfield,

William A. Ten Eyck,

(<

Speigel,

16. A. B. Klock,

"

Hull et al..

N. W. Conger,

"

Hunter et al.,

George Carver,

(t

Burns,

(C li

a

Sager,

Joseph Northrup,

a

Shelly,

George Carver,

a

Cole,

M. Kennedy,

n

Fonda et al,
Brennan et al.

it

<i

Morseman et al.

26. D. P. Wood,

"

Gleckner,

T. C. Welch,

services,

D. N. Pomeroy,

moiety

Miller,

J. H. Lamphere,

n

Flousburg,

George Carver,

••

Glimpse, .

M. Kennedy,

"

Brennen, .

J. W. Pond,

advance. Dago case.

W. J. Slater,

legal services,

31. Smith Soule,
W. P. Badger,
A. H. Gardener,
J. W. Pond,

moiety. Bean case,

$5

00

15

00

1 2

50

5

90

35

00

7

5°

1 1

S°

10

00

12

50

I

55

5

25

4

5°

5

12

10

00

17

50

33

00

5

58

20

00

14

50

5

00

3

87

25

00

25

00

7

5°

10

00

18

f'5

26

24

28

76

Forward.

$381 92
$381 92

FISIIHRIES, (iA.ME AND FORESTS.

87

Nov.

Dec.

9. E. S. K. Merrill,
M. Kennedy,
L. S. Emmons,
1 1. Joseph Sterling,
E. I. Brooks,

L. S. Emmons,

John H. Olivette,
Sammis & Bierck,
R. S. Patterson.
William H. Baker,

C. Leonard.
J. W. Tucker,
E. U. Scribner,
L. C. Orr.

D. C. Martin,

J. H. Lamphere,

20. Frank Joy,

E. Hath way,
Milton Carter,
L. Wallace,
Frank Joy,
Joseph Northup,

F. S. Beede,
M. C. Collins,
David Aird,
E. J. Eobdell,
J. W. Pond,

Brought forward.

legal services.

if^7 5°

moiety. Adams case.

50 00

Constable et al,,

46 20

" Outman. .

4 00

" Sprague, .

1° 53

" Knope,

3 15

" Labarge, .

10 97

" Fenn et al.,

7° 75

Potter,

20 62

" Yeager,

13 32

" Wilco.x.

13 '2

" Cooper,

13 32

legal services,

49 60

it a

27 50

■' •■ . .

10 00

costs, Phillips case,

13 22

legal services.

30 30

ii ((

30 00

It n

40 00

ii n

14 90

sheriff fees,

20 60

moiety, Spohr case.

5 °°

Roberts, .

5 °°

Smith.

5 °o

Scott,

36 45

Zehr,

98 75

moiety. Cole,

$12 50

legal services.

5 °°

(t ((

2 25

moiety, Seymour et al., .

20 00

" Frazer et al.,

9 50

" Morton et al.,

9 5°

" Hall,

24 50

legal services.

I 00

I 95

moiety. Leaf.

1 1 02

Bagoe,

151 58

F'orvvard

$248 80

$381 92

669 80

REPORT OF THE COMMISSIONERS OF

Brought forward, $248 80 $1,051 72

Dec.

4. I. R. Davenport,

legal services.

140 00

T. Suwarrow,

a

((

12 45

C. Leonard,

((

i(

3 1°

A. E. Billings,

(t

tt

14 95

S. Crowell,

(t

ii

88 74

A. R. Bunce,

(i

ii

25 45

W. H. Hilts,

((

ii

22 20

M. J. Noonan,

((

"

35 0°

Tice & Vickery,

C i

it

68 30

D. K. Brong,

u

ii

46 25

C. Barlow,

it.

ii

3° 65

E. F. Vacheron,

t(

a

80 00

H. B. Hallock,

a

. . .

194 12

L. S. Emmons.

moiety.

Witter case.

8 77

H. P. Becker,

legal costs. . . . .

17 45

0. F. Lane,

'•....

5 00

J. W. Lisk,

moiety,

Burnhart case, .

S 00

W. H. Burnett.

-

Brown,

25 00

W. Kidd,

li

Lent,

12 50

B. Hurlburt.

ii.

McGuire, .

2 00

John Fields,

Carthy

et al.,

6 25

T. C. Welch.

legal services.

25 00

D. N. Pomeroy,

moiety

Miller et al.

7 50

J. Canopi,

••

Fenn et al..

12 50

((

u

Rose et al.

25 00

it

il

Bernard et al, .

30 00

11

"

Bernalo et al, .

10 00

it

a

Frank et al.

I 5 00

19. E. I. Brooks,

;(

Armstrong et al,

5 47

Raley & Kiley,

legal services,

25 00

W. E. McCollum,

-

"

38 45

George Carver,

ii

ti

5 0°

20. Cantvvell & Cantwell.

((

u

35 °o

30. T. C. Welch.

(I

"

30 00

L. S. Emmons,

- moiety

Bishop case.

19 65

..

u

Ridge,

18 86

a li

tc

Moak,

27 90

a u

C(

Hollister, .

27 50

Forward, $f,452 Si $1,051

FISHERIES, GAME AND FORESTS.

89

Brought forward, $1,452 81

$1,051 72

Dec. 30.

M. Kennedy,

moiety, Wooden, .

46 00

C. H. Gallup,

services,

II 50

Ira Elmendorf,

costs. Castle case, .

10 00

4-

E. ']'. McCormack,

protested check, E. P. Doyle, 72 21

D. C. Roup,

moiety, E. P. Doyle,

13 95

M. Kennedy,

" account, Doyle,

40 00

1,646 47

1896.
Jan. 2.

Paid, J. W. Pond,

costs, Sheron et al..

$30 00

Paid, J. W. Pond,

costs, moiety, Salem Tow

■n, . II 60

4-

F. S. Beede,

moiety, Washban,

40 00

L. S. Emmons,

moiety, Bailey,
Baird,

I 00
10 00

(( t(

Carr,

10 00

tt It

" Livingston,

1 1 85

E. I. Brooks,

" Osterly et al..

>5 55

C. H. Barber,

legal services.

28 75

W. H. Anihal,

ti tt

25 00

N. W. Conger,

U It

2 1 90

7-

Ella Fuller,

moiety, Frank case.

3' '5

Joseph Northup,

" Rogers,

5 °°

M. Kennedy,

" Wilcox & Hill,

8 78

15-

E. Hathway,

Valan,

■4 5°

H. Hawn,

Phillips, .

I 2 ;o

20.

S. Marshall,

Heldt et al.,

I 2 50

L. S. Emmons,

" Rathbone,

44 '7

it ((

Eldridge et al..

24 25

u tt

Rathbone,

44 05

ti (C

Flint, .

42 75

E. J. Lobdell,

Lawrence,

4 50

E. I. Brooks,

Donegar et al..

'5 32

Joseph Sterling,

Vrooman,

1 1 00

L. S. Emmons,

Silvery,

49 25

0. F. Austin,

legal services,

2 50

E. J. Lobdell,

witness fees and costs.

105 00

3'-

E. Hathaway,

moiety, Pickard, .

18 50

L. S. Emmons,

tt 4t

" Hughes, .
" Hopler, .

18 65
22 50

E. I. Brooks,

" Albertson, .

Fo

7 35

rward, $699 87

$2,698 19

90

REPORT OF THE COMMISSIONERS OF

Brought forward, $699 87 $2,698 19

Jan.

Feb.

Mar.

31-

D. C. Staring,

A. B. Gallatin,

E. D. Crosley,

G. W. Hurlbert,

Smith Soule,

4-

V. K. Kellogg,

17-

B. H. McCollum

E. Hathway,

Joseph Northup,

W. E. Hyde,

T. C. Welch,

C. R. Allen,

24.

J. H. Lamphere,

26.

E. J. Lobdell,

legal services.

Apr.

2. L. S. Emmons,

J. W. Lick,
B. H. McCollum.
J. W. Pond,
17. O. S. Veber,
R. Radley,
J. S. Whipple,
G. R. Allen,
N. W. Bardett.
W. L. Reed,
L. S. Emmons,

1 o. Charles Knox,
George Fazette,
L. S. Emmons,
E. Hathway,

a

B. Salisbury,

legal services,
moiety, Garnot,
•' McFarren
Sooper,
legal services,

moiety. Bishop,
" Early,

moiety, Talbot case,
•' Ellerson et al..
•' Fisher et al.,
" Seavy,
Cook.
Sellick,
" Lyons,
legal sevices.

moiety, Cavanaugh,
" Dunning,

Parker et al..

Sponibal et al.

Lee,
'■ Wallace,
" Badger,
■' Carncross,
" Jones,

Raub,

1 1

75

10

-^5

4

34

1 1

00

1

00

$250

00

10

00

26

00

6

5°

3

00

20

00

9

10

1 1

84

25

00

20

00

Forward

72

00

10

32

25

00

42

5°

6

27

5

45

40

00

3

40

25

00

1 1

20

5

00

22

5°

85

00

52

5°

26

95

50

3°

33

37

12

I 2

4

32

$573

70

747 21

381 44

$3,826 84

FISHERIES, GAME AND FORESTS.

91

Brought forward, $573 70 $3,826 84

Apr. 10. Smith Soule,
J. Starring,
M. Carter,
H. Phelps,
Smith Soule,
G. D. Russell,
15. Edgar Hicks,
S. Hawn,
J. Lisk,
R. Eddy,

F. Brown,

22. L. S. Emmons,
J. W. Pond,
A. P. Brown,
Carlos Hutchins,
R. F. Thompson,
Milton Carter,
M. Kennedy,
C. Knudson,

30. B. S. McCollum,
W. Chamberlain,
E. D. Corsley,
H. Hawn,

G. W. Ross,
W. Kidd.

May II. C. L. Waring,
Joseph Canopi,
20. George Carver,
L. S. Emmons,
J. E. Leavitt,
William Cookingham,
S. Hawn,
D. N. Pomeroy,
C. Van Steenburg,
S. Marshall,
F. W. Barnes,

legal services,

moiety. Gardener,
" Brazie,
" Sisson,
" Collins,
" Hicks,
" Alpine,
" Garrett,
legal services,
moiety. Wood,
legal services.

moiety, Brady,
legal services,
moiety, various cases,

legal services,
moiety, Briggs,

legal services,
moiety.

10

GO

10

00

5

00

5

00

10

00

5

20

1 1

12

I

70

16

45

3

87

16

00

42

75

50

00

5

25

13

30

13

69

7

00

4

45

9

70

7

50

25

GO

45

00

42

50

5

80

17

50

$20

OG

85

00

4

00

7

5°

8

74

20

70

17

5°

8

75

7

7°

7

60

16

37

957 48

Forward, $203 86 $4,784 32

92

REPORT OF THE COMMISSIONERS OF

Brought forward,

May 20. \V. L. Reed, moiety,

L. S. Emmons, "

Michael McQuinn, "

F. Brown, legal services,

D. H. Lake,

W. E. McCollum,

M. Brady, " "

A. Dopper,
T. C. Welch,

E. T. Stokes,

Root, Orton & Baldwin,

T. E. Trumbull,

Milton Carter,

DeGroot, Rawson & Stafford, " "

C. B. Owen,
R. Hedley,

William Cookingham, moiety,

25. Lewis Denchler, legal services,
H. V. Ingalls,

Charles Knox, moiety,

B. H. McCollum,
' F. S. Beede, "

T. H. Donnelly, "

B. H. McCollum, «
Michael McQuinn, "
N. Shaul, "
A. C. Smith,

Simon Marshall, "

L. S. Emmons, "

D. N. Pomeroy, "

C. L. Waring, legal costs,
Milton Carter,

29. J. H. Lamphere, moiety,
W. L. Reed,

Joseph Northup, "

George Bush, "

Henry French, "

$203

86

9

12

9

05

23

I 2

23

96

5

00

3

20

5

20

5

90

7

00

10

00

5

00

25

00

15

00

7

00

75

00

2

10

13°

00

8

70

2

10

25

00

21

22

7

50

18

45

13

97

7

50

7

45

13

30

5

87

9

50

19

00

'5

00

80

05

7

22

10

00

3

20

5°

00

7

20

4

00

$4,784 32

900 84

Forward, $5,685 16

FISHERIES, GAME AND FORESTS.

93

une

5. J. \V. Pond,

advance costs,

3

0. M. C. Worts.
J. W. Littlejohn,

moiety,

William C. Cookingham,

it

E. Hathway,

ti

W. Knox,

tt

E. Hathway,

(£

D. N. Pomeroy,

((

Spencer Hawn,

ti

Joseph North up,

ti

E. J. Lobdell,

It

Edgar Hicks,

It

D. N. Pomeroy,

IC

a tt

it

C. Van Steenburg,

it

J. H. Lamphere,

tl

W. L. Reed,

it

F. R. Beede,

it

J. \\'. Littlejohn,

F. S. Beede,

moiety.

T. H. Donnelly,

a

E. Oakley,

it

C. Van Steenburg,

I. C. Cooley,

legal costs.

C. B. Fisher,

a It

L. Fancher,

it t>

Philip Keck,

it it

L. Wallace,

it it

Robert Patterson,

P. Harris,

legal costs,

L. Freeman,

(( a

Howard Widener,

ti tt

Robert Thompson,

it a

F. W. Cavanaugh,

ii it

Frank Brown,

it ((

G. Van Alstyne,

it ((

E. J. Lobdell,

it ((

H. Widener,

ii It

Brought forward, $5,685 16
$150 00
41 50

7

50

8

12

4

00

'7

50

5

87

6

00

9

00

22

25

37

50

I

45

5

47

5

32

10

00

3

50

24

50

2

90

14

50

9

70

2

72

2

72

50

00

7

15

20

00

15

00

5

5°

25

00

3

95

10

00

1 1

75

5

00

6

50

19

48

14

5°

6

60

10

00

Forward, $614 45 $5,685 16

94

REPORT OF THE COMMISSIONERS OF

June 30. B. J. Wright,
M. Wheeler,

July 6. John Desmond,

Aug. 6. George Crandall,
F. S. Beede,
L. S. Emmons,
J. L. Ackley,
F. J. FuUerton,
C. W. Pells,
B. Salisbury',
L. S. Emmons,
Ira Elmendorf,
L. S. Emmons,

B. H. McCoUum,
W. L. Reed,

J. W. Lisk,
L. S. Emmons,
A. A. Warren,
L. S. Emmons,
F. S. Beede,
M. C. Worts,

E. Hathway,
John E. Leavitt,
Simon Marshall,
Edgar Hicks,

F. S. Beede,
John L. Ackley,
S. M. Prouty,
W. H. Hiltz,

C. Miner,
W. L. Reed,

R. F. Thompson,
C. T. Burleigh,
Edwin Young,
H. ']'. Carr,

G. W. Patterson,

legal costs.

legal costs,

moiety,

Brought forward, $614 45 $5,685 i6

632 65

25 00

legal costs.

I

73

16

5°

$25

00

$2

60

I 2

50

4

00

15

90

I 2

50

I 2

5°

2

87

3

50

12

00

5

00

37

50

2

52

5

00

^5

5°

9

00

15

00

24

00

5

00

8

67

10

00

5

00

5

00

24

50

6

70

2

5°

1 1

80

12

65

5

00

3°

00

10

55

5

00

6

20

9

95

Forward, $350 41 $6,342 81

FISHERIES, GAME AND FORESTS.

95

Brought forward, $350 41 $6,342 8

3'-

Aug. 6. David Aiid, legal costs,

A. H. Gardner, "

J. H. Lamphere, "

Woods & Smith, "

Edwin Young, "

7. N. S. Ackerly, "

LedeuxChem. Laboratory, costs, .

James B. Eagan, legal costs

William H. Hull,

Tuttle & Halleck,

Frank Brown, " "

L. S. Emmons, moiety,

Edgar Hicks,
J. W. Littlejohn,
Simon Marshall,
F. S. Beede,
J. L. Ackley,
E. J. Lobdell,
Carlos Hutchins,

E. J. Lobdell,

F. S. Beede,
N. Shaul,
Willett Kidd,
C. B. Smith,
F. S. Beede,
S. N. Prouty,
J. E. Leavitt,
L. S. Emmons,
A. B. Klock,
James Holmes,
A. Winslow,
W. L. Reed,

Sept. 8. Joseph Rayton,

Abram Frankie,

legal costs.

(< u

3

00

11

5°

38 84

61

06

4

75

248 96

107

96

75

00

1

00

22

00

3

00

19

22

19

52

5

00

13

75

8

02

10

00

12

00

13

45

4

06

5

00

27

57

1 2

00

8

42

22

5°

12

5°

24

50

5

00

4

00

10

00

5

00

27

15

20

00

3

87

6

37

$8

50

7

35

1,226 38

Forward, $15 85 $7,569 19

9b

REPORT OF THE COMMISSIONERS OF

Sept. 8.

Brought forward

$15

85

$7,569 19

U. S. Stevens,

legal costs, .

21

85

Richard Bell,

30

00

Clarence Mathews,

(( a

10

00

J. K. McDonald,

n n

25

00

J. W. Pond,

C( tl

20

6S

C. L. Waring,

(i u

5

00

James Holmes,

moiety,

42

Norman Pomeroy,

legal expenses,

19

25

ements, ....

148 05

Total disbiirs

•

$7,717 24

Receipts,
Disbtirsements,

Balance, October i, 1896,

$13,111 58
7.717 24

$5,394 34

KISHKRIES, GAME AND FtJRESTS. 97

During the year considerable publicity was given to the fact that this Commission,
at the very outset of its work, found itself much embarrassed by the confused condi-
tion of its affairs ; its inability at first to obtain possession of important books and
records relating to its finances ; that with the consent of the Comptroller an account-
ant had been employed to examine the accounts and copy all vouchers at the
Comptroller's office covering disbursements on account of this department ; that the
reports made to this Commission at various times as the examination progressed
showed that moneys appropriated for the use of this department had not been
properly expended, and that a shortage amounting to nearly $17,000 was found
to exist in the account of moneys received and disbursed by the former Secretary of
this Commission.

This matter is fully explained in the following reports:

November 2t, 1895.
SPECIAL Ri:i'ORT OF KXECUTIVK COMMITTEE IN MATTER OF BOOKS
AND VOUCHERS OF Till; FISH, GAME AND F0RF:ST COM-
MISSION, AND GENERAL CONDITION OF FINANCES.

This Commission organized April 25, 1895, electing Etlward P. Doyle, who had
been Secretary to the F'ish Commission, which we succeeded, as Secretary. The
books of record, account-books, vouchers and official correspondence of the old Fish
Commission, excepting a portion of the papers which related to Game Protectors'
business, were at 53 Broadway, New V'ork, and in custody of Mr. Doyle as
Secretary.

The Poorest Commission, which we also succeeded by the consolidation act known
as chapter 395, Laws of 1895, had its office in the Capitol, and upon our organization
this Commission occupied its old quarters. Its Secretary, before retiring, delivered
its books and other property, together with complete files of duplicate vouchers,
checks, check-books, stubs, official papers and correspondence.

Upon the organization of this Commission we adopted rules for its government,
and divided the work of the Commission among five committees, assigning to each
of the five Commissioners the immediate responsibility of looking after the details of
the business of his department. As is well known to this Board, it was made the
duty of this Committee, in addition to the duties of auditing accounts and the special
care of the finances of the Commission, to examine all checks, books and accounts,
and report the result of such examination to the Board as often as once a month.
The outgoing Fish Commission made no statement of balances or formal transfer
of funds or property on hand ; an omission which was, perhaps, as much our fault as
theirs, as good business principles and common sense require that we should have
7

gH REPORT OF THE COMMISSIONERS OF

demanded this formal transfer, and an exhibit of the assets and liabihties of the
Boards, which, by the consoHdation act, we were to succeed as legal representatives,
before attempting to go on with the business which required, as we have found, the
liquidation and settlement of thousands of dollars of debts owing by our predecessors,
and the collection of thousands of dollars due the State from various sources,
principally on account of fines and penalties and judgments therefor, and on account
of sales and leases of oyster franchises.

The only excuse your Committee has to offer for failing to make this demand for
an early accounting and delivery of property and funds, is that this Commission had
retained in its service the chief executive officer of the Forest Commission, and the
Secretary and Engineer of the Fish and Game Commission, who was also its dis-
bursing officer, accountant and manager; also the Chief Game Protector and his
clerk, besides having upon this Board two members, one each from the consolidated
Commissions.

On May 20th, the Secretary made to us, and entered on our minutes the fol-
lowing report, viz.: "The Secretary informed the Commission that the Comptroller
had paid the pay-roll of the old Commission, and that the Secretary had paid per-
sonally all outstanding accounts of the late Fish and Forest Commissions." This
statement we very soon found to be a mistake by the scores of bills and claims which
were presented for payment, some running back as far as 1890. Your Committee
then began a thorough examination of the office and found that they had no books of
accounts, vouchers, cancelled checks or stubs of the late Fish and Game Commission.
Inquiry developed the fact that all books and papers relative to financial transactions,
as well as all official correspondence, were kept at 53 Broadway, New York, which
had been used as a branch office. Requests were made for their production, but the
same were ignored, and thereupon, on June 7th, the following resolution, offered by
Commissioner Babcock, of this Committee, was adopted :

" Resolved, That all the books, papers and vouchers pertaining to the Commission
in the New York office, be removed to this office and turned over to the auditing and
pay-clerk within ten days."

Within a few days a box containing some old books, duplicate hatchery accounts,
letters, obsolete blank forms and other papers, many of which did not relate to the
public business, was received but found not to include the account-books of fines and
penalties, oyster franchises and general expenses, nor any of the accounts or duplicate
vouchers needed to enable us to liquidate claims against the Fish Commission, or
collect outstanding accounts due the State. The most serious difficulties are met with
in the department of fines and penalties. Hundreds of people, including justices,
protectors, peace officers, lawyers, printers, and others, have presented bills for

FISHERIES, GAME AND FORESTS. 99

services and disbursements, which can be paid only from money belonging to this
account. These claims can not be adjusted, while the books containing the account
are withheld.

We had no knowledge of the serious condition of things until personal complaints
began coming to members of the Committee. A personal request for the books and
vouchers met with no better success than the written direction of the Commission, and
the existence of the missing books and vouchers was denied.

In October, with the consent and by the courtesy of the Honorable Comptroller,
we employed an expert accountant to go to his office and make copies of all vouchers
paid within the last fiscal year, and get such memoranda from his books and files as
would enable us to make up our accounts for settlement with claimants, and for the
purpose of ascertaining how much our funds had been impaired, and also to enable us
to make the financial report to the coming Legislature required by law. This
gentleman has already made his preliminary repont to this Board, dated October 8th,
which shows that several thousand dollars of cash advances wliich was supposed to
have been used in liquidation of the indebtedness of this Commission, had not been
so applied, and that several thousand dollars in vouchers returned, had not been
credited up because of imperfections therein or a misunderstanding of the particular
appropriations to which chargeable. These discrepancies are being adjusted and
balances collected, and later on the expert will make a supplementary report.

July 9th, the late Secretary resigned, and soon after, by resolution of this Board,
a letter was addressed to each of the ex-F"ish Commissioners respectively, asking them
for such information as they possessed in reference to the missing books and docu-
ments. Information was promptly received from ex-Commissioners Bowman and
Huntington stating that the books and duplicate vouchers were left by them in the
New York office, and volunteering to go with your Committee and examine the office
and confer with the late Secretary as to what had become of the books. November
nth we met at the former branch office, as agreed upon, and succeeded in finding
there a quantity of duplicate vouchers which we placed in a box for shipment to
Albany. We found also several hundred official letters of this Commission which had
been mailed to or at least had brought up in the office at 53 Broadway, and had
never been seen by this Commission. Many of them were of the nature of com-
plaints as to the negligence of this Board in regard to unpaid and overdue bills, in
some instances imputing to us dishonesty and crookedness, and others containing
matters of more or less importance, which should have been considered and answered.
These we also packed up for shipment to this office. It may be asked how our official
correspondence was thus missent. The explanation is simple : First, the old Com-
mission had what thev termed a branch office there and nearly all their business was

lOO REPORT OF THE COMMISSIONERS OF

transacted through their Secretary and general manager; again, this Commission
allowed its letter-heads, vouchers, envelopes, applications for fry, etc., to be printed
and go broadcast with the statement that 53 Broadway was a branch office still,
thereby misleading the public and sending much of our correspondence there,
especially that pertaining to bills which had been contracted there, as the public had
been educated to look to the Secretary personally for their pay. Mr. Leslie, an
employe of the New York office, furnished us with an extract which he had made
from the general account-book, showing the franchises account. We requested, of
the men in and about the office, an inventory of the public property, but were
informed that they could not give it to us without the consent of Mr. Doyle, who had
personally employed them. Mr. Leslie informed us that Mr. Doyle had charge of the
correspondence and at times there would be as many as two hundred letters awaiting
his coming, to be opened.

On the following day your Committee called at the office and met Mr. Doyle, and
requested the delivery of the books and documents. He told us that we could not
have the books and vouchers as they were the property of the old Commission which,
counsel had informed him, was legally dead, and that this Commission had no juris-
diction or control of its official books or papers ; that he had sent the oyster franchise
account-book, which also contained miscellaneous expenses and some other account,
to Mr. Huntington, and the fines and penalties book to Mr. Bowman, and the dupli-
cate vouchers to the Comptroller's office. When informed that the matter so far as
your Committee was concerned was ended, except to refer it to the Attorney-General's
office or other proper authority, he reconsidered and agreed to produce the books at
Albany the ne.xt day, which he did.

A casual inspection of the fines and penalties account showed a shortage, admitted
by Mr. Doyle, of $1,195, for which he gave a check to the chairman of the Executive
Committee, subject to re-examination and further adjustment of the accounts which,
with $356, before returned as per report of the chairman of the Executive Com-
mittee, November 7th, makes $1,551 repaid upon this account.

Your Committee deem it their duty also to report that the books known as the
shellfish accounts and records are very incomplete and do not show the details of
payments of money as they should do. They also indicate that there has been a
neglect to collect moneys due, and that unless better methods are at once adopted,
this Commission will have difficulty in making a proper detailed statement of its
receipts from that source and the State will be a loser thereby.

The maps of the whole oyster territory sold and leased by the State are none of
them on file in the office of the Secretary of State or Comptroller. To produce these
maps has taken years of time and cost the State thousands of dollars, and they,

FISHERIES, GAME AND FORESTS. lOI

together with the field-books and other important data showing title to and location
of hundreds of irregular parcels of land sold or leased by the State, should be on file
in the office of the Secretary of State and become public records in fact as well as in
theory. As it is, they are liable to loss or destruction.

In this connection we desire to say that in our opinion the legitimate surveying
and mapping of these grounds chargeable to the State should be done by and under
the direction of the State Engineer and Surveyor, and at the expense of that depart-
ment, and that the advertising of the applications for leases should be at the expense
of the purchaser.

There has been an expense incurred by this Commission since April 25th of about
$2,500 in advertising applications to lease lots for oyster cultivation, and nearly or
quite as much more in various kinds of engineering and other expense connected
therewith.

These lots are in parcels from one-half acre to eight or ten acres. There is no
real competitive bidding, all sales for good, bad and indifferent lands being for twenty-
five cents an acre, the minimum price allowed by law. It is claimed that the theory
is to give the present occupant a better title and insure them quiet and peaceable
possession. It would seem, if this is the only end to be served, that it could be done
by act of the Legislature at much less expense to the State and less annoyance and
uncertainty to the occupant and owners of the equities therein. He that as it may,
the funds of this Commission will not admit of further wholesale depletion in this
direction unless we close some of our hatcheries and withdraw a large part of our pro-
tectors from the forests. It is expected that when the amount of shortages found by
our expert accountant have been returned to the Comptroller and the Commission,
that it will help the condition of our finances somewhat, unless the Comptroller holds
that moneys so returned must be credited to the general State fund. We find that
several judgments for costs have been entered against the State and certified to us for
payment, because of indifference of attorneys in charge, growing out of neglect to
answer their communications or settle their bills, and many others are threatening to
let cases go by default if some attention is not paid to their claims for services and
disbursements.

These complications become very serious for this Commission, especially in view
of the fact, as reported by this Committee at your last meeting, that of the $92,750.82
appropriated May 10, 1895, for the maintenance and work of the Commission for the
fiscal year ending October 31, 1895, we had, outside of funds specially appropriated
for the purchase of lands, but $34,019.31 left October 31st, about one-fifth of which
is required at once to liquidate debts incurred by ourselves without considering the
obligations contracted by our predecessors. We believe that the Board should decide

I02 REPORT OF THE COMMISSIONERS OF

at once whether it will, from the funds on hand, pay any more accounts of the old
Commission, and if it conclude not to do so, inform every creditor of the fact and
why it cannot settle their claims immediately and when they may reasonably expect
relief.

And further, that measures should be taken at once to reduce expenses by cutting
down the number of our employes and general retrenchment to meet the exigency,
otherwise we will have no funds left to hatch and distribute fish or protect forest
and game.

We may add that a casual inspection of the oyster franchise book shows a
discrepancy on its face of about $1,200. The late Secretary admitted that he expected
that account to be found short, but as yet all books and data for checking the
accounts are in New York.
Dated, jVo-i'rw/vr 26, 1895.

H. H. LvM.\N,
C. H. Babcock,
B. H. Davis,

Executive Coininittee.

FINAL REPORT OF THE EXAMINATION OF THE ACCOUNTS OF

EDWARD P. DOYLE, LATE SECRETARY OF THE FISHERIES,

GAME AND FOREST COMMISSION OF THE STATE

OF NEW YORK.

Albany, N. Y., March 24, 1896.
To the Honorable Board of Coiiiiiiissioiiers of I'isheries, Game and Forests, Albany, N. Y. :

Gentlemen : In September last I was employed by your Executive Committee
to examine the accounts of your department at the office of the State Comptroller,
and such other accounts as were kept at the office of your department by Mr. Edward
P. Doyle, late Secretary of your Commission.

On the 1st of November, 1895, there was submitted for your information a state-
ment of the condition of the several accounts as shown by the books of the State
Comptroller, and December 31, 1895, a supplemental statement was also submitted,
showing the amounts paid by the late Secretary in full or partial settlement of
shortages on these accounts, and the amounts remaining unpaid at that date. The
latter statement mentioned the fact that the examination of the shellfish account, and
the maintenance account from June 1st, 1889, to July, 1893, 'lad not been completed.

nSlIKRIES, GAME AND FORESTS. IO3

The examination of the siiellfish account was afterwards completed, and a state-
ment of the condition of that account was submitted January 13, 1896. A report on
the maintenance account will be found herein.

In addition to the examination of these accounts I was required to copy them for
the information and use of your Commission ; and to make copies of all papers on
file in the Comptroller's office belonging to the accounts of your department.

The work is fully completed. All the items of the several accounts under the
various appropriations, including cash advances, vouchers rendered, ascertained
.shortages, amounts paid in settlement thereof and amounts remaining unpaid to date,
have been entered in books provided by your Commission for that purpose. Copies
of all abstracts, vouchers and sub-vouchers covering all disbursements on these
accounts from June 1889, to July, 1895, have been prepared and are now among the
files of your office.

I was also required to prepare for the use of the Assembly a statement of the
transactions of the shellfish department of your Commission from January, 1888, to
February, 1895, ^^ pc resolution of that body, adopted F"ebruary 4, 1896. The
preparation of this statement consumed fifteen days' time, and the completed report
comprised thirty-six pages of statistics of the shellfish department.

I have been requested to submit, at this time, an additional and final report, which
shall contain a summary of previous reports and any important facts in regard to these
accounts not heretofore presented.

The accounts examinetl at the Comptroller's office are the following:

Hatchery maintenance account, from September i, 1894, to May 31, 1895.
General maintenance account, from June, 1889, to June 12, 1895.

Also the accounts created under the following appropriations :

Appropriation, $7,750, for shad hatching, surveying, etc., chapter 726, Laws
of 1893.

Appropriation, $5,000, for construction of Sullivan County Hatchery, chapter 362,
Laws of 1893.

Appropriation, $5,000, for construction of Steuben County Hatchery, chapter 39,
Laws of 1893.

Appropriation, $1,500, for shad hatching, surveying, etc., chapter 35S, Laws
of 1894.

Appropriation, $500, for transportation and distribution of black bass, chapter
758, Laws of 1894.

Appropriation, $1,500, for hatchery maintenance, chapter 358, Laws of 1894.

I04 REPORT OF THE COMMISSIONERS OF

Appropriation, $1,500, for improving water supply of hatciieries, chapter 358,
Laws of 1894.

Appropriation, $2,500, for maintenance Sullivan County Hatchery, chapter 768,
Laws of 1894.

Appropriation, $3,000, for completion and maintenance Steuben County Hatchery,
chapter 358, Laws of 1894.

Special appropriation, $2,500, for reimbursing Game Protectors, chapter 438, Laws
of 1894.

The foregoing are all the accounts of your department which were kept at the
office of the Comptroller during the period covered by these examinations.

In addition to these there are the shellfish account and the account of fines and
penalties, which are kept in the office of your Commission.

Shellfish Account.

This account was created under the provisions of an act of the State Legislature,
chapter 584, Laws of 1887, entitled "An act to promote and protect the cultivation
of shellfish within the waters of the State; for the appointment of an additional Com-
missioner of Fisheries; to authorize the grant of franchises for the use of certain lands
under water belonging to the State," etc. By this act the Commissioners of Fisheries
were empowered to grant perpetual franchises for the purpose of shellfish cultivation
in the lands applied for, for a consideration of not less than one dollar per acre, if the
lands were unoccupied or unused, and not less than twenty-five cents per acre if the
lands were in present use and occupation.

No grant could be made to any person, firm or corporation in excess of 250 acres,
nor could any person, firm or corporation be allowed to hold, at any one time, more
than 250 acres. The statute also required that all moneys receivetl for the sale of
franchises should be paid forthwith into the treasury of the State.

When the examination of this account began at ymir office, about November 10,
1895, there was very little to work upon, as the books of account and the records of
franchises sold were at the branch office of the Commission in New York cit)' ; and,
for the purpose of this examination, for the time being, inaccessible.

About November 15, 1895, the late Secretary brought to your office his account
of moneys received for franchises and the amount paid by him into the treasury of
the State. On examining the books in the Comptroller's office it appears that there
was paid into the State Treasury by the late Secretary moneys received for sale of
franchises as follows :

FISHERIES, GAME AND FORESTS.

105

During the year 1888,
1 889,

1890,

1891,

" 1892,

.893, .

1894, .

1895, .

Total payments into State Treasury,

$728 55

3,768 36

475 38

1,955 52
1,422 07

1,476 33
716 71

35° °°

$10,892 92

The late Secretary's account of the receipts from shellfish franchises is as follows:

Receipts, $12,712 85

Paid into State Treasury, 10,892 92

Balance due State,

$1,819 93

On November 20, 1895, the late Secretary gave the Comptroller his check for
the amount thus shown to be due on this account.

On the lOth of December last, by the direction of your Board, the office in New
York city was discontinued, and the books, records and papers beh)ngini4^ to the Com-
mission were removed to the office of the Commission in this city ; among them being
three large books in which the franchises and leases granted for shellfish culti\-ation
are recorded on printed forms specially prepared for the purpose, and in which the
number of the lot is stated and its boundaries defined, the number of acres included
in each lot, the price per acre, and the amount received for surveying and mapping
are given in detail. These franchises are numbered from i to 1033 ; the first one
was recorded January 4, 1888; the last one March 14, 1893. Collectively they
convey 16,455 acres to 334 individuals and firms.

Comparing the late Secretary's account with the record of franchises aiid leases,
there are found 84 franchises and three leases, showing receipts to the amount of
$3,576.41, that do not appear in his account.

The names of the owners of these franchises, and the amount paid by each, the
numbers and location of the lots, were given in detail in the report on the shellfish
account of January 13, 1896. There is also due the State rentals of leased lands
ainounting to $2,265.

The total ascertained shortage on this account, therefore, was seven thousand six
hundred and sixty-one dollars and thirty-four cents ($7,661.34).

It was not stated in the special report on this account, for the reason that it was
not known at the time the report was prepared, that it is claimed by the late -Secre-

I06 REPORT OF THE COMMISSIONERS OF

tary that he did not receive all the money shown to be due on this account, for the
reason that a large number of franchises that are recorded coukl not be delivered,
as the purchasers, having decided that the lands were not suitable for shellfish
cultivation, refused to accept and pay for the deeds.

A number c)f the deeds referred to were found among the papers received from
the office of the shellfish Commissioner in New York. Obviously, the deeds so found
were not delivered to their owners; and yet no evidence is presented to show that
they were not paid for. On the contrary, letters received from the purchasers of
many of these franchises, in response to circular letters of inquiry sent out by your
Commission, show that they own, or did own, the franchises in question, and have
paid for the same.

The Fines and Penalties Account.

This account was in a very confused state. The books received from the New
York office contained only meagre and inaccurate statements in relation to it. Very
much of the data pertaining to the account was obtained from memoranda scattered
through the files of your department, such as protectors' reports, cancelled checks,
bills for services, receipts for moieties and other disbursements, and by correspondence
with Game Protectors, attorneys anti others.

The moneys belonging to this account are the proceeds of fines and penalties
recovered from persons who have been convicted of violating the State laws for the
protection and preservation of fish, game and forests. The account is debited with
the amount recovered in each case, less the cost of prosecution. One-half of this net
amount is paid to the Game Protector and Forester or other person furnishing the
information on which the conviction is obtained. The account is credited with these
payments, which are called moieties. The remaining money belonging to this account
can be used only to pay the expense incurred in prosecutions for violations of the law
for the protection of fish and game. No disbursements of moneys belonging to this
account can legally be made except on the certificate of the Chief Protector, who
alone is authorized to auiiit bills belonging to this account.

The examination shows that in the disbursing of moneys belonging to this account
the requirements of the statute were not always observed. Numerous cases were
found in which the amount recovered was paid over to the late Secretary of your
Commission ; the moieties and costs, if paid at all, were paid by him without the
certificate or the knowledge of the Chief Protector ; and in many cases neither the
amount received, nor the amount disbursed, was entered in the account. Fifty-one
cases of this kind are found, showing receipts amounting to two thousand six hundred
and nine dollars and sixty-eight cents ($2,609.68).

FISHERIES, GAME AM) FORESTS. 107

The total shortage on this account is four thousand nine hundred and eighty-six
dollars ($4,986).

In addition to the amount found to be due the State on this account, there were
numerous outstanding claims for protectors' moieties and attorneys' fees which were
supposed to have been paid by the late Secretary. These claims have been presented
to your Commission from time to time, and the amounts found to be due have been
collected from the late Secretary and paid through your Commission. The aggregate
of these claims thus paid is five hundred and ninety-eight dollars and forty cents
($598.40). There are other outstanding claims payable from this account that have
not been adjusted as yet.

Maintenance Account.

The maintenance account is the account of moneys appropriated and disbursed for
the general expenses of the Commission, and includes, in addition to the personal
expenses of the Commissioners, large disbursements for printing, advertising, sta-
tionery, stenographic work and typewriting, office furniture, supplies for hatcheries,
and, occasionally, salaries and e.xpenses of hatchery employes, shad hatching, sur-
veying; etc. Disbursements for the last two purposes should have been charged to
the special appropriations for those purposes.

There is also another account of cash advanced under appropriations " For the
salary of the Secretary and the maintenance of his office."

These two accounts appear to have been kept separate by the Comptroller's office
only with respect to the cash advanced. Vouchers belonging to one have been
charged to the other, and vice versa. For this reason, in the examination of those
two accounts, they have been considered as one and the same account, and wherever
the maintenance account is referred to in these reports it is understood to include all
disbursements made under the two appropriations referred to.

The shortage on this account was $2,043.66 ; all of which has been collected by
your Commission and turned over to the Comptroller.

Special Appropri.\tion, Chapter 438, Laws of 1894.

This act appropriated two thousand five hundred dollars ($2,500) for the purpose
of reimbursing certain Game Protectors for expenses incurred by them in excess of
the amount allowed by chapter 577, Laws of 1888.

The amount of this appropriation was at first apportioned among nine (9)
claimants.

io8

REPORT OF THE COMMISSIONERS OF

Afterwards, and before any of the claimants had been paid, it was discovered that
the estates of two other protectors, then deceased, were entitled to share in the distri-
bution. This made another apportionment necessary.

Your Commission, therefore, decided that the money should be distributed as
follows :

Robert Brown,

.

$262 32

Isaac Kenwell,

226 12

S. C. Armstrong,

?

53 33

George Meyer,

.

146 54

Matthew Kennedy, .

.

88 48

S. F. Snyder, .

276 61

Willett Kidd, .

.

391 08

John Sheridan, .

241 26

Thomas Bradley, deceased,

320 18

P. R. Leonard, deceased,

157 41

Henry C. Carr,

33(> 67

$2,500 00

On September 8, 1894, the late Secretary drew from the Comptroller on this
appropriation two thousand one hundred and fcirty-five dollars and twenty-four cents
($2,145.24), leaving a balance of three hundred and fifty-four dollars and seventy-six
cents ($354.76) in the hands of the Comptroller.

It appears that all the claimants except John Sheridan, and the estates of the two
deceased protectors, were promptly paid. On November 26, 1894, Mr. Sheridan
wrote to the late Secretary requesting him to remit the amount due him, having filed
a receipt therefor. To this request Mr. Sheridan received reply saying that all the
accounts were "hung up at Albany" until the papers in the cases of the two deceased
protectors should be completed.

November 2, 1895, Mr. Sheridan wrote your Commission, stating all the facts in
the case and requesting that action be taken in the matter. A few days later, or
about thirteen months after the money had been drawn from the treasury, Mr.
Sheridan received the late Secretary's check for two hundred and six dollars and
sixty-eight cents ($206.68), leaving a balance still due him of thirty-four dollars and
fifty-eight cents ($34.58), which was paid by the Comptroller December 21. 1895. I"
the case of the amount due the estate of Peter Leonard, it appears that Mrs. Leonard
was paid one hundred and thirty-five dollars and seventy-five cents ($135.75),
November 22, 1894, although a receipt for the full amount ($157.41) had been filed
with the late Secretary.

FISHKRIES, GAME AND FORESTS.

109

Mrs. Leonard, through her attorney, made demand on your Commis.sion for the
balance due her, and on November 9, 1895, the late Secretary forwarded to your
Commission his check for the amount.

The amount due the estate of Thomas Bradley was paid by the Comptroller,
through your Commission, December 17, 1895.

During the period covered by these accounts large amounts of money were
advanced to the late Secretary under the various appropriations for your department.

These advance payments were in sums varying from $125 to $4,875, and were
generally made on a letter of requisition signed by the President and Secretary of the
former Commission.

The only advance payment made since the organization of the present Commission
is $500, paid May 22, 1895.

The total shortage on all accounts, including due and unpaid rentals of oyster
grounds, is nineteen thousand two hundred and twenty-five dollars and seventy-six
cents ($19,225.76).

The amount collected back from the late Secretary by your Commission to date is
ten thousand six hundred and eighty-one dollars and ninety cents {$10,681.90).

The following sunimar\- will show the shortage on the various accounts, the pay-
ments made thereon and tiie amount remaining unpaid to date:

Recaimtui.atio.x i)K .Shortages.

Shellfish account, iucluiling $2,265 unpaid rentals, . . $7661 34

Fines and penalties account, ...... 4)986 00

General maintenance account, ...... 2,043 5^

Steuben County Hatchery, completion and maintenance, . 2>772 4°

Hatching, surveying, etc., chapter 726, Laws of 1893, . 1,182 65

Special appropriation, chapter 438, Laws of 1894, . . 228 34

Steuben County Hatchery, construction, chapter 39, Laws

of 1893, 194 10

Transportation and distribution of black bass, chapter 358,

Laws of 1894, .......

Hatching mascalonge, chapter 358, Laws of 1894,
Improving water supply, chapter 358, Laws of 1894,

Total shortage, ......

Collected back from the late Secretary by the Commission of Fisheries,
Game and Forests, .......

Balance due the State, ....

85 34

37 65

34 38

T-lpC

$19,225 76

1 iCbj

10,681 90

•

$8,543 86

no REPORT OF THE COMMISSIONERS OF

There are vouchers at the Comptroller's office belonging to these accounts
amounting to $1,335.94, for disbursements made by the late Secretary, that have not
yet been audited by the Comptroller.

I am under obligations to Hon. James A. Roberts, Comptroller, W. E. Merriam,
Deputy Comptroller, William G. Shaible and William B. Wemple, of the Comptroller's
office, for courteous treatment and valuable assistance.

Respectfully submitted,

Ch.ari.es a. T.a.yi,(>r.

Repeated efforts were made by this Commission to collect the balance shown by
the foregoing report to be due the State, and close the matter before the expiration
of the fiscal year, but without success. As has been already stated, the late Secretary
set up the claim that a large number of oyster franchises that had been sold and
recorded were not paid for, and that these should be deducted from the amount held
to be due the State from him. This claim the Commission could not allow without
further investigation.

Of the amount due the State on the shellfish account, $2,145 was owing by the
Matinecock Oyster Company, who refused to pay on the ground of alleged irregu-
larities in the sale of the franchise, by which the company was induced to bid a much
larger sum than the grounds were worth. A representative of the company came
before the Commission at a regular meeting held June 5, i8q6, and the matter was
fully discussed and finally adjusted to the satisfaction of the Matinecock Oyster Com-
pany, and without prejudice to the interests of the State.

For the purpose of effecting a final settlement with the late Secretary, the
unsettled accounts were referred to Commissioner ]«bcock. Certain unaudited
vouchers, heretofore mentioned, amounting to $1,335.94, for ilisbursements made on
account of this department, were finally audited b)- the JExecutive Committee at
$854.52, which amount was placed to the credit of the Secretary. Later, Commis-
sioners Babcock and Holden met the late Secretary at the office of the Shellfish
Commissioner in New York city, and a basis of settlement of the account was agreed
upon, the late Secretary paying to this Commission the further sum of $2,905.42, and
a representative of the New York and Long Island Oyster Company the additional
sum of five hundred and ninety-three dollars and twenty-five cents ($593.25).

Credits were allowed for shellfish leases undelivered and presumably unpaid for,
services rendered and expenses incurred by the former Secretary for which payment
had not been made, amounting in all to $4,190.67, which balanced the account.

The total amount collected by this Commission on account of these shortages is
fourteen thousand two hundred and forty-five dollars and fifty-six cents ($14,245,56).

FISHERIES, GAME AND FORESTS.

I I I

That part of this money belonging to the fines and penahies account, after paying
a large number of old claims belonging to the account, has been deposited to the
credit of the Chairman of the Executive Committee, by whom it is disbursed, in
accordance with law, on the certificate of the Chief Game Protector. The remainder
has been paid over to the State Comptroller. The total cost to the State of extra
work necessary to the examination of these accounts is nine hundred and forty
dollars ($940).

It is believed that the rules and regulations adopted by tliis Commission for the
transaction of its business make it impossible that any misappropriation of its funds
can occur in the future, as no payments will be made by the Comptroller on its account
except on vouchers that have been audited by the Executive Committee.

The entire work of this investigation and settlement was accomplished i)y the
Commissioners after many weeks of labor under peculiar circumstances without other
expense to the State than the services of the expert accountant. This fact is men-
tioned in this connection that the Commissioners may have credit for bringing to a
successful conclusion a difficult task, such as was never before undertaken by a
department of the State, other than the Law Department.

R^eport of tf)e 3^P^t'ii"iter^dent of

Matcl)erie^.

To the Commissioners of r'i'^I)eries, Ciame and Forests :

Gentlemen' : I herewith submit my annual report oi the work done at the
different hatcheries and collecting stations for the year ending September 30, 1896.

The purpose of the Commission to turn out in future an increased number of
yearlings and fewer fry has made it necessary to provide additional facilities, such as
nursing ponds and general equipment, which, together with repairs needed at the
different Iiatcheries, have kept the hatchery employes unusually busy during the
entire year.

Good reports from the few plants of yearlings already made in the different
sections of the State are coming in, and from the numerous letters received from
people interested in the stocking of our State waters, it can be readily seen that the
people appreciate the efforts of the Commission to send out fingerlings and yearlings
instead of the small fry. The reports from the different hatcheries will show the
number of fingerlings, yearlings and larger fish that have been turned out during
the past year.

These reports will also show that the number of fingerlings turned out during the
year exceeds the total previous output of such fish since the organization of the first
Fish Commission in this State. When the many improvements now going on are
completed, the Commission will be able to turn out each year a largely increased
number of these fish.

In view of the good results obtained by the planting of j'earlings and fingerlings,
and notwithstanding the increased cost of rearing and distributing them, I recommend
that, as soon as practicable, the Commission discontinue the practice of planting
trout of any kind less than three to eight months old.

Great care has been taken to see that no State fish were planted in private waters.
Commissioner Babcock, Chairman of the Hatcheries Committee, has personally scru-
tinized every application before it has been granted. After it passed from his hands
into mine to fill, if I was not familiar with the waters, I made careful inquiries as to all
conditions of the same. All applications for fish for private streams have been
rejected. I gave our men accompanying the different shipments of fish instructions
to see whether the stream, lake or pond was posted or not before depositing the fish.

REPORT OK THE COMMISSIONERS 1>F 1-TSHERIES, GAME AND FORESTS. II3

ami the attention of the applicants has been called to the law passed last winter
bearing on this subject, and all messengers in charge of fish for planting have been
furnished with copies of this law.

The following is a copy of the law referred to :

THE ATTENTION OF ALL APPLICANTS FOR FRY, FOR STOCKING

WATERS, FROM STATE HATCHERIES. IS CALLED TO

Tin: FOLLOWING LAW.

CH.M'TER 319.

AN ACT to amend chapter four hundred and eighty-eight of the laws of eighteen hundred and
ninety-two, entitled "An act for the protection, preservation and propagation of birds, fisli
and wild animals in the State of New York and the counties thereof,'' as amended by
chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five,
relative to laying out grounds for private parks.

Became a law .Vpril 17, 1896, with the approval of the Governor. Passed, a majority being
present.

Thi- People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section I. Section two hundred and tw-elve of article nine of chapter four hundred and
eighty-eight of the laws of eighteen hundred and ninety-two, as amended by chapter nine
hundred and seventy-four of the laws of eighteen hundred and ninety-five, is hereby amended so
as to read as follows :

§212. Laying out grounds for private parks. — .V person owning or having the e.xclusive
right to shoot, hunt or fish on lands, or lands and water, desiring to devote such lands,
or lands and water, to the propagation or protection of fish, birds or game shall publish in a
newspaper printed in the county within which such lands or lands and water are situate a notice,
once a week for a term not less than four weeks in the county where the lands so described are
situated substantially describing the same and containing a clause declaring that such lands or
lands and water will be used as a private park for the purpose of propagating and protecting
fish, birds and game. Provided, however, that all waters heretofore stocked by the State or
which hereafter may be stocked by the State from any of the hatcheries, hatching stations, or by
fish furnished at the expense of the State, shall be and remain open to the public to fish therein
the same as though the private park law had never existed. But nothing herein contained shall
be construed as affecting any rights now existing of persons owning lands or holding leases of
private grounds, waters or parks prior to the passage of this act.

§ 2. This act shall take efifect immediately.

During the year 191,726,678 fish, including fry, fingerlings, yearlings and older
fish of various kinds, have been deposited by the Commission in the waters of
the State.
8

114 REPORT OF THE COMMISSIONERS OF

The first work of the year is the collecting of the eggs of the difTerent fall or
winter spawning fish. During October, we sent out men to Lake Michigan and the
east end of Lake Ontario to secure lake trout, whitefish and cisco eija's, the fish
spawning in the order named.

The brook trout and the frost fish are also spawning throughout the Adirondacks
at about the same time, and in November all of the trout at our more southern
hatcheries commence spawning and continue until a short time after the 1st of January
before the run is finally over. Then follows the rainbow or California trout, which is
classed as a spring spawner. The salt water tomcods spawn during the month of
December, and the smelt spawn in March. About the ist of April we are obliged to
be in readiness so that as soon as the ice goes out of Oneida and Chautaucjua lakes we
can commence collecting the pike-perch and mascalonge eggs. In May the shad com-
mence to run in the Hudson River, and we continue taking eggs from them until about
the 15th of June. During June we capture the small fry of the large mouth, nr
Oswego black bass, so th.it during nearly five months of the year, at some point or
other, a number of our men are busy taking fish eggs.

During the year many needed improvements have been made at the Adirondack
Hatchery, located near Saranac Inn Station, Franklin county. New York.

All (jf the available spring water at this point that could be brought to the nursery
ponds has been turned that way, and even this hatchery will be enabled tn turn out a
few fingerling trout, something heretofore unknown in its history.

This hatchery is admirably located as a shipping point, and if more good cold
water could be procured at the proper levels, so as to feed rearing ponds, large
numbers of fingerlings could be annually distributed in the adjacent streams and lakes.
There is but one remaining chance of obtaining this water, and that is b\- running a
large iron pipe to Little Clear pond, dropping it down into forty or fift)- feet of water,
and let it discharge the cold water found at that depth directly to the hatchery below,
on the plan of a large siphon. If this can be successfully done it will make the
Adirondack hatchery worth more as a producer of fingerlings than any two or three
ordinary hatcheries located in the Adirondacks.

During the past year there were turned out from this hatchery 830,000 brook
trout fry, 85,000 brown trout fry, 1,308,000 lake trout fry, 4,000,000 frost fish fry,
and 250,000 Labrador whitefish.

At the P'ulton Chain Hatchery, considerable work was done to improve the
condition of the stock or breeding ponds. The same trouble with the water supply
e.\ists here as at the Adirondack hatchery. Early in the spring negotiations were
opened with the Old Forge Syndicate Company, with a view to obtaining control of
an additional small spring brook that empties into Old Forge pond, about half a mile

FISHERIES, GAME AND FORESTS. II5

above Old Fortje, but it was September before an agreement could be reached, too
late to be of much service this year. This brook is a most desirable one on which to
locate rearing ponds, and as soon as we obtained possession, material was ordered,
and the foreman in charge was instructed to complete all the rearing ponds that it was
possible to build before freezing weather set in. The coming year will probably see
many thousands of fingerling brook trout raised and distributed from this new annex
to the Fulton Chain hatchery.

Many improvements and repairs have been ordered for the interior of the hatchery,
so that more room can be provided for holding the fry until later in the spring' before
sending them out. All of the fry intended to be raised to fingerlings in the annexed
rearing ponds must necessarily have room provided for them in the hatchery, so that
for the first two months or more of their existence they can be cared for and fed in the
hatchery.

The old plan in vogue at the Fulton Chain hatchery of keeping the breeding
ponds stocked, by catching the breeding trout in the adjacent lakes, has been ordered
stopped, and hereafter we shall raise stock fish enough to keep our ponds filled to
their utmost capacity. Many thousand fingerlings have been sent to the P'ulton chain
of lakes from the Caledonia hatchery during the past year.

During the year there were turned out from this hatchery 53 1,000 brook trout
fry, 45,000 brown trout fry, 379,000 lake trout fry, 4,000,000 frost fish fry, 2,000
brook trout fingerlings, 500 yearling brook trout, and 75 five-year-old brook trout.

At the Sacandaga Hatcher)-, located in the town of Lake Pleasant, Hamilton
county, but little has been done except to save what stock fish we had at the hatchery.
This hatchery is so located that nothing can be done toward increasing its facilities.
All efTorts on the part of Foreman Boehm (and he is as conscientious and painstaking
as any foreman in the State) avails but little. It is impossible for him to more than
keep the supply even with that of the preceding year.

This section of the country greatly needs a hatchery, but it is very expensive to
maintain one on the present site. It is an impossibility to raise even a few fingerling
trout of any kind with the present water supply. The results obtained at this
hatchery are very unsatisfactory.

During the year this hatchery has turned out 110,000 brook trout fry, 38,000
brown trout fry, 250,000 lake trout fry, and 2,000,000 frost fish fry.

At the Heaver Kill Hatchery, located at Rockland, Sullivan county, operations were
entirely suspended during about three months last summer, and the foreman and help
were given other work, or dropped from the pay-roll. This was necessary on account
of the water supply not being of the required quality to carry trout during the warm

Il6 RETORT OF THE COMMISSIONERS OF

weather, and until a change for the better is made, I would recommend the closing of
this hatchery for at least five months of the year.

The output from this hatcher}- for the past year was 303,000 brook trout fry,
35,000 brown trout fry, and 40,000 lake trout fry.

At the Pleasant Valley Hatchery, situated about two and one-half miles from Bath,
Steuben county, is located one of the three best plants owned by the State.

At the commencement of the year additional land and water privileges were
purchased by the State, and $3,245 was obtained by special appropriation for building
breeding and rearing ponds, grading and putting the grounds in proper shape, and
the close of the year finds this (one of the youngest liatcheries of the State) in the
very front rank of production.

The dwelling-house has been extensively repaired antl made tenable for the fore-
man. The grounds were drained and graded from the dwelling-house to the hatchery,
and about all the ponds. All of the ponds were built in the most substantial manner
possible, and stocked with breeding fish from Caleilonia and the Long Island
hatcheries. Next year will see this hatchery making almost daily shipments of fry
and fingerlings for nearly three months, which certainly speaks well of the location,
water, etc. This hatchery ranks second in the number of fingerlings on hand.

The output from this hatchery last year was 239,000 book trout fry, 40,000
brown trout fry, 30,000 rainbow trout fry, 35,000 lake trout fry, 6,000 lake trout
fingerlings, and 118 adult black bass, and the ponds now contain nearly 40,000
fingerlings ready for distribution.

At the Cold Spring Hatchery, located at the head of Cold Spring harbor, Suffolk
county, N. Y,, both fresh and salt water fish are hatched.

During the year many needed improvements and additions have been made at this
hatchery ; I will name a few of the principal ones.

A lobster hatchery was built on one of the docks in the harbor, and equipped for
the work from the main hatchery, a short distance above. The construction of several
new breeding ponds and the grading and filling necessary in anticipation of still
further enlargement of the ground and ponds in the future, have been accomplished.
In the hatcher}- proper all of the available space has been filled with additional
hatching troughs. A hot-water s}'stem of heating the building has also been placed
in position. With all of these additions, another year will see fish going out from this
hatchery, and into the public waters of the State, for nearly six months of the year.

The following figures will show what gratif}-ing results were attained during the
year ending September, 30, 1896, and there still remain in the ponds for distribution
something like 30,000 fingerlings. The output of ever}- kind of fish from this
hatchery last year was far above an\- pre\ious }-ear. It was as follows: 883,000

FISIlKklES, GAME AND FORESTS. II7

brook trout fry, 247,000 brown trout fry, 10,000 rainbow trout fry, i,,^oo fingerling
brook trout, 3,100 yearling brook trout, 5,100 yearling rainbow trout, 300 fingerling
brook trout, 400 yearling brown trout, 23,000 steelhead salmon fry, 44,200,000
tomcod fry, 34,000,000 smelt fry, and 4,414,000 young lobsters.

Something over 10,000 yearlings and two or three-year-old trout were sent from
this hatchery to Caledonia to restock the ponds at that station, and some were also
sent to Pleasant Valley hatchery. Over half a million brook trout eggs were also sent
to Caledonia and Pleasant Valley hatcheries, besides about 100,000 brown trout eggs
to the Beaver Kill and Adirondack hatcheries.

The Caledonia Hatchery, the oldest in the State, is located in the town of Cale-
donia, Livingston county. I am often asked why more attention is paid to Caledonia
than to other hatcheries. The reason that this is so is that this hatchery is better
located than any other as to quantity and quality of water, and also for shipping
facilities, being within ten minutes' drive of four railroad stations, that, with tlieir
connections, take our fish quickly into all parts of the State.

I would like to say that by January i, 1897 (I feel warranted in making the state-
ment), the Caledonia hatchery will be the best in this country. For the above reasons
more extensive repairs have been made at Caledonia this year than at any other
hatchery, but next season's output will fully justify the expense. Unfortunately wood
will rot and decay near the water, and this year found the hatchery foundation, floors,
troughs, and the ponds and main dam in such shape that it was unwise to let them
pass into another year without renewal. They are now being replaced ; the ponds
and dam being laid up with stone and cement, so that they will last for ages.

At the commencement of the year, and after passing through the terrible epidemic
which occurred among the fish in the ponds and hatchery during June and July of
1895, many supposed that the hatchery, meeting with such a serious loss of fish, it
would be years before they would be replaced, but to-day the Caledonia hatchery and
ponds contain more fish and better fish than at any time since they were established.
Less than $500 was expended on restocking. A few thousand fish were bought, a
few thousand brought from several of our different hatcheries, and a few thousand
were donated.

A year ago the Legislature appropriated $5,000 to secure and improve additional
water rights in Caledonia. Unfortunately this desirable property can not be pur-
chased at what it is worth, and the matter will probably be settled by commission.
When this is accomplished, any possibility of a repetition of the 1895 epidemic will
not be feared.

Considerable work has been done during the past summer, grading and beautifying
the grounds. Large inexpensive flower beds have been made, shrubbery and trees

Il8 REPORT OF THE COMMISSIONERS OF

set out, walks and driveways repaired, so tliat the several acres connected with the
hatchery proper present a very attractive appearance befitting State property. The
show of fish and the arrangement of the grounds and ponds were greatly appreciated
by the many hundreds of people who daily visited the place during the summer and
fall season.

The following figures will show the business that has been done in planting fish
during the year: 658,000 brook trout fry, 286,000 brown trout fry, 865,000 lake
trout fry, 50,000 steelhead salmon fry, 100,000 pike-perch fry, 300 adult black bass,
115,000 shrimp, 3,500,000 whitefish fry, 500,000 frost fish fry, 3,500 yearling rainbow,
brown and brook trout, 1,985 one-and-one-half-year-old brown trout, 79,850 finger-
ling lake trout, 27,450 fingerling brook trout, 11,500 fingerling brown trout, 1,000
fingerling rainbow trout, have been planted in the \'arious waters of the State. In
this connection 1 might give the number of fingerling, or eight-months-old trout,
remaining on hand for distributimi: 70,000 brook trout, 32,000 brown trout, 8,000
lake trout, 14,000 rainbow trout and about 4,000 land-locked salmon, steelhead and
Scotch sea trout.

The Clayton Hatchery is located near the village by that name in Jefferson county.

The State does not own this property, onl\- the apparatus used in the hatchery.
The water suppl}- is rather limited, hut is much better in quantit)- and qualilx' than at
least four of <.)ur hatcheries are supplied with ; and with a little more impro\'ement,
this hatchery could be turning out a goodly number of fingerling lake and brown
trout, as well as attending to the hatching of whitefish, ciscoes and pike. This year I
attempted to raise a few fingerlings at this place, and the results show that with
careful management on the part of the foreman, fifteen or twenty thousand eight-
months-old trout might be easily turned (jut each }-ear. The output from this place
during the year was 7,500,000 whitefish fry, 27,500,000 cisco fry, 9,300,000 pike-
perch fry, 23,500 large mouth black bass fry, 1,000 fingerling lake trout and 1,500
bullheads, and there remain about 3,000 fingerling trout for distribution.

The principal pike hatching station is located at Constantia, Oswego count}-, on
the shores of Oneida lake, I consider this the best location for a pike-perch hatchery
there is in the State, and I would recommend the permanent establishing of a large
and extensive plant at this point.

A small creek empties into Oneida lake at this place, which for one-half mile up
stream is a natural spawning bed for pike-perch. More eggs were taken in a few days
than our present hatchery would accomodate, and through our inability to handle the
eggs if taken, many millions remained uncollected. The hatching of fift)' per cent, of
the number of pike-perch eggs taken is considered a very liigh percentage; 32,150,000
pike-perch fry were hatched and distributed from this hatchery the past year.

FISIir-:RIES, GAME AND FORESTS. I I9

During the yejir a new hatchery building, and a most important one, has been
added to the list. It is located on the west side of the Hudson River, a short distance
north of Catskill Landing. This hatchery is used e.xclusively for the propagation of
shad, and the methods employed do away entirely with the old method of hatching in
floating bo.xes, making a great saving in the hatching of the eggs.

The water commission of the village of Catskill kindly allowed the building of the
hatchery on their dock and atljoining their pumping station, also allowed us to take
water from the water pipes, for which they charged $75 for the little over a mouth
the hatchery was in operation. The cost of the hatchery, piping, hatching tables, etc.,
was about $600, and we now have here a permanent and substantial hatchery, and at
no State hatchery, counting the amount of money expended, can such substantial
returns be obtained, and the public so benefited.

The first year of the new hatchery resulted in our taking (all within a mile of the
hatchery) about i 0,000,000 shad eggs, of which we hatched and turned out 8,690,200
shad fry, and I am sure from my own observations, and the observations of many of
the oldest and best shad fishermen on the river, that they were the strongest and
healthiest lot of shad ever turned into the ri\er.

The United States Fish Commission donated 2,003,000 shad fry for planting in
the Hudson, and t)ur messengers went t(5 their shad hatching station on the Delaware
River and transported them to the upper Hudson.

Shad spawn only at night. They are from three to ten days in hatching, all
depending upon the temperature of the water. This means constant work and watch-
fulness night and day during the shad spawning season.

In this connection I would say that it is of the greatest importance that the shad
in the Hudson River be better protected b\' legislation. The number of days that nets
are allowed in the ri\er should be shortened by at least one or two full days.
Statistics show that only about two per cent, of the shad that enter the Hudson River
ever reach the spawning grounds. The law at present makes the close time only from
Saturday until Monday. The close season should commence Thursday or Friday and
continue until the next Monday at sunset. Shad that are taken on I-"riday night do
not reach the New York markets until the opening of the markets for Monday
morning's sales, and b\- that time they are getting quite stale. There is no doubt
whatever that with a longer close season every fisherman would get just as good
returns, if not better, than he does at present with the short close season If we have
but few shad reaching the spawning beds in the upper Hudson, say in the neighbor-
hood of Catskill, we can obtain but few eggs at the best. The more eggs we can get
and hatch, the more shad the fishermen will have to catch. I consider this matter of
legislation of the greatest importance.

I20 REPORT 0¥ THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

All of the mascalonge hatching is done at Chautauqua Lake. The eggs have
always been hatched, and very successfully, in double wire screen bo.xes that are sunk
from one to four feet under the surface of the water. Mascalonge have never been
raised from the fry stage artificially; but I firmly believe that they can be raised to
fingerlings, and with your permission I would be pleased to make some experiments in
this direction the coming season.

The output of mascalonge fry for the year was 1,815,000. More and better
protection of the mascalonge is greatly needed at Chautauqua Lake. All spearing
through the ice should be stopped.

Black bass have never been hatched artificially. The old methods of netting the
adult bass from some favorable point and sending out a very few on each application
is a very good but very expensive method, the workings of which are not at all
satisfactory to people living in the vicinity where the netting is done. Shorten up
the open season .so as to cover the spawning season fully, and the bass themselves will
do the proper stocking.

This year we captured with nets at Three Mile Bay, Jefiferson county, and dis-
tributed, on applications from different parts of the State, 2,000 adult small mouth
black bass.

During the summer of 1896 I was instructed by Mr. Babcock to make an exam-
ination and report as to the number and kind of whitefish found in Canandaigua Lake,
with the view of taking whitefish eggs there, if they were to be found in suflicient
quantities. Several specimens were secured and identified by Dr. Bean, who pro-
nounced them the Labrador whitefish (Coregoims labmdoriciis), one of the best
whitefish found in this country, and I feel very confident that we will be enabled to
take a large number of eggs there the coming fall and winter. If so, it will be some-
thing new in the history of the Fish Commission of the State of New York. The
whitefish eggs have never before been taken from any of our inland lakes, but men
have always been sent to Lake Michigan and the east end of Lake Ontario to secure
the stock, where it is secured under great expense and uncertainty.

Respectfully submitted,

James Annin, Jr.,

Snpcyiiite)idcnt of Hatclieries.

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I^eporf of tt)e 3f)^'llfist) ComDHssioner.

To the Commissioners of Fisheries, (iame and Forests:

Gkntlenien : I have the honor to present herewith a report of the work of
m\- department for the year ending September 30, 1896. This work is divided as
follows:

First. Surveying, mapping and leasing of land under water for the purpose of
shellfish culture.

Second. The protection and preservation of the beds of oysters of natural growth
located in the waters of the State.

Third. The patrol of the oyster territory for the purpose of preventing the pollution
of the water and the protection of the planted oyster beds from the depredations of
oyster pirates.

In each department the work has been satisfactory.

The work of surveying and mapping and granting leases has been almost exclu-
sively confined during the year to Jamaica Bay, very little work having been done in
Raritan Bay or Long Island Sound. I thought best, although many applications for
franchises in other localities were pending, to confine the work to the locality
mentioned, in order that I might be able to finish the work of mapping and selling
leases in this bay during the present year. In this I have succeeded, and the entire
area of Jamaica Bay suitable for the cultivation of shellfish has been leased to planters.
In addition, I have made some surveys in bays adjoining Jamaica Bay, and have sold
several leases. This territory, because of its peculiar location, is among the most
valuable of the lands owned by the State under water suitable for oyster culture. The
famous Rockaway oysters, so-called, are almost exclusively grown in this and adjoining
bays. Seed oysters are purchased usuall)' from Long Island Sound, and are planted
in these bays during the spring. The crop is harvested the succeeding fall. Jamaica
Bay is very shallow, the beds becoming exposed at low tide, the water is easily
warmed, and as the bay contains enormous quantities of food for oysters, their growth
is extremely rapid, and their flavor excellent. For this reason the land a\-ailable is
very valuable, and was readily sold.

I tlid not encourage much competition in the sale of these leases, for the reason
that most of the applicants had been for years in possession of the grounds, obtaining
the title from the town of Flatlands. In many instances the applicants have paid
large sums, believing that they were securing a perfect title, and a large price per

122 REPORT OF THE COMMISSIONERS OF

year rental to the State would ha\'e been a real hardship, and to some extent an
injustice. I propose the coming season to finish the survey of Sheepshead Bay and
the lands under water adjacent thereto, and shall sell leases for such territory.

As I stated in the opening of this report, but little work was done in Raritan Bay
or Long Island Sound during the past season. A number of applications are pending,
and I hope to complete their surveys and sell the leases at as early a date as possible
next spring.

In addition, I shall cause the survey of Long Island Sound, finished at present to
a point east of Mount Sinai Harbor, continued to Orient. This survey is rendered
especially necessary by the discovery of a large bed of oysters of natural growth off
Horton's Point. It is my duty under the law at once to cause this bed to be accu-
rately mapped and to preserve it. To do this, I shall be obliged to complete our
system of signals as far east as Orient, which I shall do at the earliest opportunit)-.

The amendment made last winter to the oyster law providing that leases should be
advertised in the town clerk's office, instead of in the newspapers, has materially aided
in lessening the expense of my department. The cost of the work will be shown in
my financial statement, and is a great reduction over the cost of this branch of the
work in previous years. During the year seventy-nine applications for leases for one
to three acres of lands under water were received. One hundred and nine lots were
surveyed and 109 leases were sold, the proceeds of which amounted to $304.29, and
were turned over to the State Treasurer. Mr. Charles Wyeth. who has been recently
transferred to the State Engineer's office, has been in immediate charge of this work.
Duplicate copies of all our maps are being prepared by him, and when completed
will be placed on file with the State Engineer.

The second branch of my work — the protection and preservation of the beds of
oysters of natural growth located in the waters of the State — has been more par-
ticularly under my direction assisted by State Oyster Protector, PLdgar I-". Hicks.
I have caused the beds to be carefully watched, and by constant patrolling have pre-
vented the use of illegal devices for taking oysters or other shellfish on these beds.
The beds themselves are in only ordinary condition, and but two of them are very
thoroughly worked. The bed in Staten Island Sound has produced the largest crop
of seed during the past year of any bed in the State, and has afforded an excellent
means of livelihood to from 500 to 750 oyritermen. The seed found a ready sale, the
larger portion of it having been purchased for the San P"rancisco trade. This bed,
which occupies the bottom of the channel between Staten Island and New Jersey, is
about eight miles long, and varies in width from 800 to 3,000 feet. It is a never failing
source of supply of seed oysters, and has produced to the people of the State a sum
aggregating hundreds of thousands of dollars. It should always be carefully preserved

FISHERIES, GAME AND FORESTS. 1 23

and protected. The second important bed is located off the mouth of Hempstead
Harbor, in Long Island Sound, and is almost entirely a bed of clani.'^, but few oysters
being found. This bed is also unfailing, and produces a large amount of shellfish
every year. The remaining beds of natural growth are of minor importance, but all of
them are carefully protected and preserved. A new bed has been recently discovered
ofT Horton's Point, and if report is true, is one of the most important yet found. As
I have heretofore stated, I shall arrange at once in the early spring to have it surveyed,
plotted and preserved.

The third branch of my work — that of patrolling the oyster territory of the
State — for the purpose of preventing the pollution of the water, and to protect the
planted beds, has been in charge of Protector Hicks. This work I believe to
have been well done, and I am glad to state that not a single complaint as to the
condition oi the water has been received at this office. Oystermen generally have
expressed themselves as greatly pleased with the state of the waters, and oysters have
been abundant and of good flavor. In August, 1896, a naphtha launch was purchased
for the use of my department, and I directed the State Oyster Protector to patrol
daily the oyster territory of the State with it. This he did, with very satisfactory
results. The pollution of the waters ceased, and there has been but little disturbance
by the so-called oyster pirates of oysters legally planted. The region patrolled by
the Oyster Protector is a very large one, and requires constant vigilance. As I have
stated in the report, the Protector has not only to guard the planted beds, but also to
watch carefully the beds of oysters of natural growth, and see thai only legal devices
are used thereon for the purpose of taking or catching shellfish.

The question as to what constitutes a bed of oysters of natural growth is a very
difficult one to determine, and I am glad to say that m\' decisions during the year
have been uniformly satisfactory,' aud no appeal has been taken.

The Protectors were notified ~at the beginning of the season to enforce the law
against the possession and sale of small clams, and a large number of arrests have
been made and convictions had. A number of arrests of persons engaged in illegally
disturbing beds of oysters legally planted have also been made, and the result of all
such cases will be found in the report of the Chief Fish and Game Protector.

For the work of surveying and mapping the eastern end of Long Island Sound,
I shall require an appropriation of $5,000, and I would ask that your honorable body
recommend that an item for that amount be placed in the supply bill. I would also
recommend that a commission be appointed by the State to locate and mark out by
proper monuments and buoys the boundar_\- line between the States of New York and
Connecticut, in lands under water, in Long Island Sound. This boundary line was
determined upon by Commissioners appointed from the respecti\'e States a number of

124 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

years ago, and runs from a point off the Byron River, in Westchester County, to the
end of Fishers' Island Sound, off the coast of Rhode Island. Nothing has ever been
done, however, to mark this line, and it exists only as matter of official record. As a
result, I believe that lands under water in the State of New York of great value to
oyster culture have been sold by the State of Connecticut to Connecticut planters,
and are now being used by them. As these lands grow more valuable every day,
disputes will constantly arise, and a determination should be had at once in the matter.
Long Island Sound is comparatively shallow, and it is entirely practicable to plant a
line of range buo)-s that will accurately locate the line, so that an oysterman can tell at
once whether he is in the State of New York or the State of Connecticut. The work
would cost not to e.xceed $5,000.

The oyster business of the State is a growing one, and is in a flourishing condition.
While the price remains low, the methods of cultivation are being improved and
cheapened, and the planters are fairly prosperous.

Very repectfully,

EDWARD THOMPSON,

Shellfish Co mm issio ncr.

STAR FISH MOP.

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Tl)e Forest Preserve.

IN addition to other duties and responsibilities " the care, custody, control and
superintendence of the Forest Preserve " now devolves by law on this depart-
ment. The members of the Commission have accordinyl}- devoted to this
branch of their work the attention constantly required in the management of this
property, the largest and most valuable belonging to the Commonwealth. They fully

appreciate, in addition to its intrinsic
value, the great economic conditions de-
pendent on the proper management of
this tract.

Acting under direction of members of
the Board designated as the " Committee
on Forestry," the various officials of the
department have labored zealously and
industriously to protect the forest areas
belonging to the State. Their efforts have
been rewarded by satisfactory results.
There has been a marked decrease in
forest fires ; and of the fires that occurred
in the Adirondack and Catskill regions, less
than five per cent, of the burned or dam-
aged area belonged to the State.

But our forestry law directs that this
Commission shall "have charge" of various
" public interests," among which it espe-
cially includes "forest fires in every part
of the State." We have accordingly en-
deavored to impress on the minds of the
fire-wardens and town supervisors the necessity of protecting from fire all wood-
lands, private as well as public, and have called' their attention to the general
interests that require the preservation of forest areas irrespecti\'e of any question of
ownership.

Ten years' experience in the matter has demonstrated that the present law relating

to the protection of our woodlands from fire is a practical one. \\'e have reason to

believe that the widespread and disastrous fires which threatened the existence of our

forests at one time will not recur. We expect that small burnings on private lands

125

IN THE FOREST.

126 REPORT OF THE COMMISSIONERS OF

will continue to occur, and so there remains the difficult task of properly regulating
the use of fire by land owners on their own property- In this work we are assisted by
public sentiment in the forest towns, due to the law which provides that each town
must pay half the expense of fighting and extinguishing woodland fires. There has,
accordingly, arisen in each town a sort of censorship on the part of the citizens and
taxpayers which acts as a deterrent in the careless use of fire by the thoughtless and
ignorant members of the community.

Trespasses.

During the year there have been some trespasses on the Preserve caused by petty
thieving of timber. In some cases, also, a small amount of timber has been cut by
lumbermen, the trespass being an unintentional one, due to erroneous, disputed, or
poorly marked lines ; or, as in some instances, to the absence of any line whatever, the
interior lots of the township never having been " run out" by the surveyor.

It should be understood that the lot lines which are so distinctly shown on our
Adirondack map are not always so apparent in the forest itself, where, at the best,
they can be traced only by the occasional faint " blaze," made in most cases fifty, and
perhaps ninety years ago, — marks discernible only by those experienced in this pecu-
liar woodcraft. In fact, the boundaries of the i6o or 200-acre lots in some townships
never existed except on the map of some early surveyor who, having surveyed the
outer lines, contented himself with making a " paper allotment," and doing nothing
further in the way of surveying and marking these interior lines on the ground itself.
And yet these lots are assessed, taxed, sold and transferred, under their lot numbers,
although their owners have never seen them and would be unable to find them if they
felt disposed to do so.

This is not said by way of apology for the lumbermen whose evident and conceded
duty it is to ascertain and plainly mark their lines, whether the State does so or not.
On some doubtful lines where the lumbermen have gone to the expense of surveying
and marking the State boundaries, they have furnished the information themselves
that their choppers had cut over the line by mistake, and were anxious to settle the
damage at any price without delay or suit.

But the timber cutting during the year, whether through theft or mistake, has
been limited to a few cases, and the amount taken was small. In each case, without
exception, whether unintentional or not, the matter has been turned over to the
Attorney-General and suit has been brought. The cases of willful thieving were
prosecuted to the full penalty of the law, while in others the measure of damages was
placed high enough to prevent any further carelessness on the part of the defendants.

FISHERIKS, GAME AND FORESTS. \2J

The foresters have displayed a commendable activity in patrollin^r their districts.
Wherever any timber cutting occurred it was stopped b\- them before any serious
dama<^e was done. At the same time some trespasses of a trivial character may have
escaped their notice. Occasionally a forester finds, while traveling through the
woods, some place where a few trees have been cut ; he may have well-founded
suspicions as to the offender; but unless he has positive evidence, unless he can come
upon the offender unawares while at his work, it would be useless for him to make an
arrest.

The " natives " living in the vicinity may know all about the matter, and may
have seen their neighbor when he was cutting the State timber; but they are loyal to
each other, and never furnish evidence except when they have had a quarrel and seek
revenge.

The State has only ten foresters in the Adirondack counties. Their combined
districts include over 6,000 square miles of forest territory. Of this area the State
owns less than one-fourth, but as its holdings are scattered throughout the entire
region the foresters in their wood ranging have to travel through the whole territory
Worse than all, the Forest Preserve includes thousands of acres in small, isolated lots
scattered through the farming region, situated ten to forty miles distant from the main
forest, and these outlying lands must be watched by the foresters also.

Under such circumstances the present force is entire!)' inadequate to a thorough
protection of the land. Still, the foresters do all in their power to prevent timber
cutting, their vigilance being stimulated and assured by the wise provision of the law
passed at the previous session, which gives the forester a share of the penalties
collected for timber cutting.

Litigation.

The prosecution of trespassers for cutting timber on the Preserve is but a small
part of the litigation in which this department finds itself involved, and which calls for
no small amount of care and attention on the part of the Commissioners. Important
suits, on whose issue depends the title to several hundred thousand dollars' worth of
State land, are now pending, the conduct of which devolves largely on the Commission
as well as the attorneys.

It would seem that legal contests over land titles should be outside the province of
this department. But in many suits brought for trespass or ejectment the defendants
plead that the State does not own the land, and the Commission in order to win the
suit, to punish the timber thief or eject the squatter, must defend the State's title.

128 REPORT OF THE COMMISSIONERS OF

Thus, some prosecutions commenced originally for a comparati\-ely trivial offence
have resulted in contests in which tlie State's title to large and valuable forest areas
are imperiled.

In 1886 a forester seized a pile of logs on the southeast quarter of Township 24,
in Franklin county, a tract of 7,500 acres belonging to the Preserve. The Forest
Commission sued the lumberinan who cut them, who in turn set up the defense that
the State's tax title was not a valid one. This litigation has been in the courts ever
since. It has become widely known as a celebrated case, and is one of the many suits
whose management and perple.xities were bequeathed to us by our predecessors in
office.

As )-et, the State has not lost any of these land cases. The more important ones,
at present, are in the hands of the Attorney-General. The}- are also under the gen-
eral care of the Superintendent of Forests, who, by reason of his connection with the
Forestry Department since its inception, is familiar with the evidence and acquainted
with the witnesses necessary in carrying on each suit. One of these cases — State vs.
Benton Turner — after being carried up by the defendant through all the State courts,
including the Court of Appeals, is now on the calendar of the United States Court at
Washington, in which the constitutionality of the " Law of 1885 " will be tested.
Two other suits brought, respectively for the possession of Lower Saranac Lake and
Raquette Lake and for the townships in which they are situated, are also pending in
the United States Court.

This constant litigation is due to the fact that while the State holds the land under
tax sale titles, other parties have the deeds. As the latter would come into full pos-
session of the property in case a jurisdictional defect could be shown in the levy of
the ta.x, there is always a strong inducement to hunt up irregularities, real or alleged,
and plead them in court.

Within the last ten years the State has expended in the litigation of these matters
more money than would have been necessary to buy these deeds or so-called "bottom
titles." There is good reason for believing that the State might do so yet, and save
money by such transactions. In accordance with a suggestion in the Governor's
recent message, some special appropriations made by the Legislature for this purpose
might be intrusted to the Attorney- General and Comptroller, who undoubtedly could
acquire deeds to certain lands for less money than it will take to defend the State's
title. These deeds once obtained there could be no further litigation, the titles would
be quieted, and the State ownership respected by all. The thieves and squatters who
have hitherto operated under cover of these disputes would cease their annoyance.

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KISHERIES, (;AME AXD FORESTS. 129

Occapants of 3tate Lands.

Reference has been made here to squatters on the I'reserve. From a written re-
port made to us recently by the Superintendent of Forests, it appears that there are
ninety-eight cases of occupancy, in each of which there is a building of some kind — a
cottage, farmhouse, or log cabin, and in many instances large barns or other buildings —
erected on State land.

These persons are not all squatters in the usual meaning of the term. Three-
fourths of them lived on the land before it became the property of the State. Many
of them are farmers who have occupied the premises as homes for over thirty, and, in
many instances, forty years. In one case there is a large, comfortable farmhouse and
good barns on a lot near Lake Placid, Essex County, land which reverted to the State
in 1853 ; and, yet, the farmer has lived there ever since and paid his la.xes annually
on the farm and buildings. It should be mentioned here that all the territory within
the Adirondack I'ark is not forest land, areas of cleared land and farms being scattered
through the entire region.

In the vicinity of the Boreas River, in Township 30, Essex County, there is a small
community of French Canadian farmers living on the road running from Newcomb to
Schroon River. Nearly all of them, with their houses and barns, are on land now
belonging to the State. Some of these houses are painted frame buildings, and many
of the barns are large, substantial structures. Each farmer has cleared up from twenty
to eighty acres, on which small crops of hay, oats or buckwheat are raised. The
occupants are quiet, respectable people, who have lived on these farms and paid ta.xes
on the property for thirty years or more. They bought these lands originally of a
Glens Falls lumberman, paying only part of the purchase money down and receiving
a contract instead of a deed. The man from whom they bought had neglected to
keep his taxes paid, and subsequently failed in business. The lands passed into the
possession of the State at the tax sale of 1877, and belong to it now, the occupants
having failed to redeem through ignorance of the sale or lack of money.

On the lands bought recently by the State, there are some residents — guides,
hotel-keepers or summer cottagers — who occupied places before the property was
thus purchased, and by the permission of the previous owners. On Raquette Lake
there are some beautiful, expensive cottages which were built there before the organi-
zation of the Forest Commission in 1885. On some of the Lake George islands are
summer residences, whose owners received permission from the State Board of Land
Commissioners to occupy the premises as custodians.

This matter of occupancies has also received the care and attention of the Commis-
sioners. It has given rise to some perplexing questions, for in some cases the long-
9

130 REPORT OF THE COMMISSIONERS OF

continued residence has r;'.ised the question of adverse possession. Each one of these
occupants was ready and anxious to take out a five-acre lease from the State and
waive all claims to ownership, but under the forestry clause of the new Constitution
this remedy was denied.

Ejectment suits have been commenced in two cases on Raquette Lake, and one
on Eighth Lake. Others will follow soon. These three were selected as a beginning,
because they were aggravated cases, two of the parties having built their cottages
with timber cut from the adjoining State forests. These three parties have each put
in a defense alleging that the State has no title.

Arrangements have been made for posting every lake and stream on the Forest
Preser\'e with notices forbidding the erection of any building, no matter how small,
the notices stating further that any one erecting a house will not only be dispossessed,
but will be prosecuted as a trespasser.

I5an(ls Pttrct)ase<i.

The lands acquired during the year were : acres.

W. S. Webb Purchase, ....... 75^377

W'm. iMcEchron Purchase, ....... 1 7)354

John Pirown Farm, ........ 243

92-795

In the Webb Purchase the State acquired, in addition to the 7S'3i77 acres in fee,
an easement on 15,000 acres of forest in Township 8, John Brown's Tract, Herkimer
County, which, under the terms of the contract, are to be held permanently as a public
forest — one where the people shall have a right of way over the trails and the privilege
of hunting and fishing.

The lands known as the Webb Purchase were bought of Dr. William .Seward
Webb, of Shelburne, Vt. The tract is situated in the northern part of Herkimer
County, a small portion extending into Hamilton. It is well watered and contains
several small lakes, some of them unsurpassed in beauty and scenery by an}' in the
Wilderness. Part of this forest has been linnbered or is subject to a timber right; but
this right reserves only the softwood timber, which includes less than fifteen per cent,
of the trees. It forbids the felling of any tree less than ten inches in diameter on the
stump, a provision that protects the young evergreens which elsewhere are removed
for pulpwood. But the greater part of the tract — about 50,000 acres, including all
north of the Beaver River — is a primiti\'e forest, in which no cutting has been done
and on which no timber rights were reserved. The 'price paid b\- the State for the

FISHERIES, GAME AND FORESTS. I31

entire tract was $600,000, which included the settlement of Dr. Webb's claim against
the State, amounting to $184,350.60, for damages caused by the overflow or back
water from the State dam on the Beaver Ri\er.

The McEchron Purchase of 17,354 acres embraced a solid tract of contiguous
forest in Townships 10 and 2g, Totton and Crossfield, and is situated in botli Hamilton
and Warren Counties. The spruce, pine and hemlock have been removed ; but the
remaining hardwoods, which constituted more than eighty per cent, of the trees, still
furnish a good forest cover, and make the tract a desirable one at the price. It is an
unbroken forest, with the exception of a narrow strip of meadow land in the valley
bordering the Sacandaga River, and a small burned area of about sixty acres which
has already reforested itself with poplar of promising size. Tiie price paid for this
tract v/as $26,031.32, or about $1.50 per acre.

The John Brown farm, once owned by John Brown of Harper's P'erry and Kansas
fame, and where he was buried soon after his execution, was acquired through a deed
of gift made to the State by an association of twenty persons who had bought this
farm and homestead several years ago for the purpose of preserving it. It is situated
in North Elba, Essex County, and contains 243 acres, forty of which have been cleared.
The farmhouse and barn erected by John Brown are still standing and in good
preservation. The former custoilian of the property was retained by this Commission,
and he still resides in the farmhouse. The deed of gift was formally accepted, July
2ist, ata meeting held on the farm It was made the occasion of a flag raising,
oration, and interesting e.xercises at the grave, which were attended by a large con-
course of people.

The details relating to eacii of these purchases, including the reports of the pre-
liminary examination of the lands, and account of the exercises at the acceptance
of the John Brown property, will appear in the supplementary part of this com-
munication.

Area of tl)e Forest Preserve.

The area of the Forest Preserve at this time is : acres.

Adirondack Pre.serve, ........ 801,473

Catskill Preserve, ........ 49,332

Total, ........ 850,805

The area of the proposed Adirondack Park, or territory within the "blue line," is
2,807,760 acres. Of this territory the State owns 655,450 acres. The remainder of
the State holdings — 146,023 acres — are situated outside the park, much of it in
isolated lots scattered through farming regions many miles from the forest itself.

132 REPORT OF THE COMMISSIONERS OF

Scientific Forestr^^.

The criticism has been made that this Commission has done nothin<^ in the way of
forest improvement ; that no scientific work similar to the methods governing
European forest management has been inaugurated ; that the vakiable matured
timber is allowed to decay, blow down and rot, while diseased trees and worthless
species are allowed to remain and propagate to the exclusion or repression of more
valuable and desirable timber; and that our forests, instead of being a source of
public revenue, are a burden of expense.

We admit the facts, but protest against any stricture making this department
responsible in any way for this state of affairs.

The scientific forestry which in other countries improves the forest and increases
its yield of timber, which makes the public woodland.s a source of immense, perpetual
revenue to the Commonwealth, cannot be carried on without the use of the axe. In
the work of forest improvement there must be a thinning of timber, and removal of
trees that are diseased or infested with destructive insects.

Hut all work of this kind in our State is prohibited by law. Moreover, this law
was made fundamental and incorporated in the new State Constitution, although every
experienced, professional forester protested against the false economy involved in such
legislation. The American Forestry Association, representing the best thought on the
forestry question in the United States and Canada, at a large meeting held in the
White Mountains at the time this matter was pending in the Constitutional Conven-
tion, passed a resolution unanimously condemning the proposed forestry clause in the
Constitution.

But aside from this matter of revenue and forest improvement, we believe that
the Empire State with its great forest domain should take the lead in this country in
developing forestry methods and sound ideas. The woodlands of New York through
proper exploitation should become an object lesson for all America.

Although the I^^orest Preserve, a large part of which is primitive forest where
the axe of the lumberman has never swung, is rendered unavailable by our State
Constitution for any such plan, something might be done to relieve the State from the
anomalous condition in which its forestry work has been placed. In view of the pro-
posed purchase of large areas of woodlands, a special appropriation might be made for
acquiring some tract of virgin forest in the Adirondacks, to be set apart especially as
an experiment station where the practicability of carrying on scientific forestry work
with profit might be demonstrated. The tract thus set apart and specially dedicated
to the purpose mentioned should be placed under the sole management of skilled,
professional foresters, who should be afforded every opportunity for carrying on

FISHERIES, GAME AND FORESTS. 133

whatever technical work could be undertaken without loss. With a forest thus
donated and free from an interest account the experiment should be self-sustaining.
The maintenance of the work without any call on the State treasurx- for assistance
would be the test of success ; and we believe it would be successful.

The experiment would soon demonstrate that a forest under the improved methods
of management can be made more productive than one left in its natural condition;
and that a perpetual revenue could be obtained over and above the cost of main-
tenance without any diminution of its area.

We have reason to believe also that, with such an enterprise fully inaugurated, a
forest academy, well endowed from private resources, would soon follow. The school
would be located on the experiment tract, where the undergraduates would have every
opportunity for witnessing skilled forestry work in all its technical details. We heartily
commend this suggestion to the attention of the members of the honorable Legislature^
trusting that the matter will receive your careful and thoughtful consideration.

Proposed Leg'islation.

Some slight changes in oiir forestry law seem advisable. In section 281, relating
to fallow fires, there is a clause providing that when a firewarden, after viewing the
ground, gives a farmer permission to start a fallow fire, the firewarden shall " remain
until it is extinguished." This section should be amended by striking out the words
quoted. As it is, an iipportunity is afforded for creating an unnecessary expense.
In burning a fallow, the fire ma\- last several days, but it would not be necessary for
the firewarden to hang around the premises under pay during this time. Some pro-
vision should also be made limiting the amount payable in one year to a firewarden
for posting the rules and regulations and going to fallows.

The law authorizing the taxation of lands in the Forest Preserve provides that
"wild or forest land " only shall be taxed. The cleared lands in the Preserve have
been assessed, hitherto, to the occupants, who have always urged the town assessors to
do so, and include the levy in the resident tax. It would be better for the State if it
paid the taxes on these cleared lands as well as its forests. The combined area of
these clearings is small, and the amount of the tax would be a trifling matter. It
would prevent an_\- further cloud on the title to many tracts and stop a practice which
puts this property in jeopardy. The law should be amended so that no assessor can
assess any land in the Poorest Preserve* e.xcept to the State.

The town assessors in all towns containing taxable State lands should be furnished
with books of uniform size and ruling of the descriptive columns. One column should

* The Forest Preserve and the Adirondack Park are different. The State owns all the land in
the Preserve, but not all in the Park.

134 REPORT OF THE COMMISSIONERS OF

be reserved for a classification of the land, in which each parcel should be described
as forest, lumbered, burned, waste, water or cleared, whetb.er in the resident, non-
resident or State list. Some such classification is necessary in order that the forestry
officials can determine whether the State lands are assessed at the same rate as other
property in the town. The Comptroller has already introduced this system; but
some legislation seems necessary to make the town assessors comply with his require-
ments in this respect.

The State lands in the towns of Altona and Dannemora, Clinton County, contain
about 9,000 acres in the aggregate, but are not in the Forest Preserve, having been
excepted in the original law of 1885, under which the Preserve was established. This
exception was made in order that these forests might be reserved for the use of Dan-
nemora prison. In the meantime, these lands have been cared for by an agent of the
Comptroller. We would suggest that, with the approval of the Comptroller, these
woodlands be included in the Poorest Preserve, provided that the amendment necessary
to such transfer contains some clause reserving a timber right in favor of the prison,
permitting the use of timber for prison work only.

The Commissioners are willing to defend all suits in which the title to the State
forests is attacked or involved, although such matters add to its duties and responsi-
bilities. But the legal expenses which may be incurred in carrying on this class of
litigation are necessarily quite large. Attorneys competent to manage these cases
successfully command large fees, aside from the expenses for witnesses, surveys,
obtaining evidence, and working up the cases. These expenditures are outside the
province of our appropriation, which is available only for the regular work of the de-
partment. Thus far, these land suits have been carried on largely through the able
assistance of the Attorney-General's office and the use of funds appropriated for the
use of that department. It would seem advisable that some appropriation should be
made bv the Legislature that will enable this Commission to defray the legal expenses
incurred in carrying on certain prosecutions, for the successful conduct of which the
public persist in holding this Commission responsible.

For several years the Forestry Department of the State has annually urged the
Legislature to appropriate money for the purchase of forest land in the Adirondack
and Catskill regions, but these recommendations have thus far proved fruitless.
Impelled by a sense of duty, we would respectfully renew them at this time. In view
of previous disappointments, we do not care to rehearse the many reasons which make
such action on the part of the Legislature positively necessary to the welfare of public
interests. The matter has been so fully discussed in previous reports, and the
necessity widel)' known and full)' understood by all our citizens, that we make the
recommendation and transmit it here without further comment or argument.

FISHERIES, GAME AND FORESTS. 1 35

3ag-g^estions and Recommendations.

During the fiscal year ending September 30, 1896, this Commission has hatched
and planted in public waters in the State 191,726,678 fish of various kind, all the eggs
having been taken from stock fish at the hatching station ponds, or secured from wild
waters in the State. The fish were hatched and distributed at a total cost of 19.6
cents per thousand. The cost per thousand in previous years has been as follows :
1894, 30 cents ; 1893, 48 cents ; 1892, $1.11.

One of the most important items in the cost of hatching and distributing fish is
the rearing of fingerlings (eight months old) and older fish.

Within the year we have reared and planted 130,400 trout of eight and ten months
of age and 14,585 trout from twelve to eighteen months of age, or a total of 144,985
trout of or above the age of what are commonly called fingerlings. Previous to the
date of the organization of this Commission, the printed reports of the fisheries work
in the State made scarcely anj- mention of the rearing of fingerling fish, as practically
all the fish hatched were planted in the fry stage as soon as they were hatched, and
before they required to be fed. In addition to the fish hatched and distributed
from the State hatcheries, the United States Fish Commission contributed to the State
27,417.533 fish and eggs, the eggs being hatched at the State hatcheries, making a
grand total of 219,144,211 fish of all kinds planted in State waters during the year.

In our last report, for a part of the year 1895, we recommended that an appro-
priation of $25,000 be made to establish a hatching station or stations on one or more
of the interior lakes for the purpose of hatching what are termed the commercial
fishes, the site or sites of such hatching station or stations to be selected by the Com-
missioners. That this was a wise and necessary recommendation we have ample
evidence from the demands made upon us by the interior lake region, and the western
part of the State, for increased facilities to largely augment the output of food fishes,
so called. In 1895 the output of commercial fishes from the State hatching stations
combined with contributions from the United States Fish Commission amounted to
187,619,932, and this year the output of the same class of fishes from the State
hatcheries alone amounted to 187,198,700.

In other words, the increase in the output of commercial fishes from the State
hatcheries for 1896 was more than 34,000,000 over that of 1895 For the first time a
systematic attempt has been made to cultivate the Labrador whitefish, one of the most
delicious of the white fishes, and 250,000 eggs were taken at a temporary station at
Canandaigua Lake and hatched at Caledonia.

Since the close of the fiscal year, further operations have been conducted at Can-
andaigua Lake on a greater scale, and 13,160,000 whitefish were hatched at Caledonia

136 REPORT OF THE COMMISSIONERS OF

from eggs taken in this lake, showing the possibilities of this branch of fish culture
should a perfectly appointed hatching station be erected.

We would again most earnestly recommend that power be given to this Commission
to close waters for a term of years, not exceeding five, when in the judgment of the
Commissioners it is necessary to close streams for nursery purposes or to establish or
re-establish fish in such waters. Already similar commissions in sister States have
this power by posting printed notices on the banks of waters it is desired to close.

During the past year the Commission has obtained from the New Hampshire Fish
Commission a number of adult Sunapee trout, and planted them in public waters in
this State. This is a famed fish, found only in two lakes in New Hampshire, and one
in Maine, and is the highest type of game fish, and one of the most delicate of food
fishes. We have also obtained from the United States Fish Commission 75,000 eggs
of the steelhead trout from the Pacific coast, and hatched and planted them in State
waters. Another new fish obtained during the past year, from a lot of eggs sent to
the National Government by the Swiss Government, is the Swiss lake trout. These
three new species, having been obtained and planted in the waters of the State since
the last session of the Legislature, have no protection under the law, and it is most
desirable that a close season be provided for them similar to the close season already
provided for the native brook and lake trout.

Since the year 1882, plants of Atlantic salmon fry and yearlings have been made
in the waters of the upper Hudson River annually, until the total plantings amount to
about 3,500,000, and the Government has furnished 100,000 eggs to be hatched and
planted the coming spring. Dams and falls in the river have prevented the salmon
on their return from the sea ascending to their natural spawning grounds where they
were planted as baby fish, and they have been obliged to seek clear water and gravel
beds wherever they could be found together for spawning purposes. Where these
spawning grounds were located was not determined until last autumn, when it was
found by this Commission that salmon were running up Livingston Creek on the left
branch of the Hudson, below Linlithgo station n{ the New York Central Railroad,
where they found clear, cold water and gravel bottom in what was once a famous trout
stream. It is the intention of the Commission to visit this stream when the spawning
season of the salmon again comes around and capture the fish on their spawning beds,
now plainly to be seen, and take the eggs artificially for the purpose of hatching them
and planting the young higher up the main ri\er. In spite of the law to the contrary,
it has been found that the salmon were speared on their beds or while making their
way up Livingston Creek to their beds, and it is recommended that the stream be
closed to all fishing for a term of years to enable the Commission to use it for the
purpose of a nursery stream for young salmon and breeding ground for the adult fish.

KISIIEKIES, GAME AM) lURESTS. 137

In this connection, it is again urged that means be provided to open the upper
Hudson Ri\er to the sahnon by building fishways in the dams and o\er the falls
between Troy and Luzerne. Already two fishways are in operation at IMechanicville
and Thomson's Mills, but above and below these points obstructions exist. With the
present method of fishway building, these passages for fish may be built without
injury to the dams. The building of fishways will also aid materially in keeping up
the stock of shad, as the young shad may then be planted farther up stream where
they will find good jiasturage, comparatively free from predaceous fish, and the fish-
ways will enable the adult fish to return to points higher up stream than they do at
present, as has been demonstrated by the building of fishways in the Delaware River,
which opened seventy-five miles of the upper river to the shad, where they were not
known after the dams were erected until the fishways were constructed.

All acts heretofore passed for the erection of fishways have provided that they
shall be erected ami maintained by the Superintendent of Public Works, under the
direction of this Hoard, but no pro\ision has been made for funds to keep them in
repair, and as a consequence in a few years they become dilapidated and fail of their
purpose. The State now has a number of fishways costing thousands of dollars, and it
will require but a small sum annually to keep them in perfect repair so that fish can
pass through them, as was intended when they were constructed.

Fish of all kinds are spawn eaters to a greater or less extent, but the eel is more
destructive of spawn than any other fish, as it does not spawn in fresh water and is
ready to prey upon both the fall and spring spawning fishes.

At night, when the lake trout are spawning on a shoal in mid-lake, the eels are
present in \ast numbers to eat the spawn as fast as it is deposited by the trout.
Section 143 of the Game Law provides that "eel-pots of a form and character such as
may be prescribed b\" the Commissioners of Fisheries may be used in any waters not
inhabited b\- trout, lake trout, salmon trout or land-locked salmon." We would ask
that this Commission have power to use or authorize the use of eel-pots in all waters,
whether inhabited by trout or not, for it is in trout waters particularly that eels are
proving destructive to young fish.

Already, this Commission has begun a vigorous policy of stocking the waters of
the State with fish food, for without proper food the fish will not thrive, no matter how
or where they ma\- be planted, and in our last report we endeavored to show how the
people may materially assist the Commission in its work of intelligently stocking or
restocking our lakes, ponds and streams by determining what the waters contain in
the way of food.

It is impossible, without extended investigation, for the Commission to aquaint
itself with the food and temperature conditions of all State waters, but it is within the

!38 REPORT OF THE COMMISSIONERS OF

power of each applicant for fish to conform to the requirements of the apphcation
blanks and ascertain the temperature of the water which it is desired to plant and the
kinds of fish food which the water contains. Once the water conditions are ascer-
tained with reasonable accuracy, a record is kept of that particular pond or stream for
future reference, but it is rare for a blank to be filled out understandingly in this
respect, and, therefore, the replies to the questions are too often valueless for the
purposes for which they were intended. Every year the applications call for more fish
than the State can raise, and indi\-idual applicants ask for more fish than the water to
be planted can by any possibility sustain.

Section loi of the Game Law gives power to this Commission or its agents to net
predaceous fish that are preying on food fishes or their food. Where this has been
done, in a few instances, fault has been found with the Commission by those who do
not understand the necessity for such work.

Small fishes of some species multiply so rapidly that they must be reduced in
numbers, because they feed on the food of other and better fishes. The fishes so
destroyed are not in themselves food fishes, nor do they serve as the best food for food
fishes, but act chiefly as fishfood destroyers and, in some cases, as spawn eaters.

Whenever trout are netted in public waters for the purpose of propagating the
young of the species, a large proportion of the eggs are returned to the water in the
shape of fry or older fish. At one of the hatching stations the people have an idea
that all the eggs should be returned to the water as fry and none used for stocking
other waters. This is out of the question, for the State has a vast area of water to
stock with comparatively few waters to draw upon for stock fish, but in every instance
where the State has netted fish for their eggs the water so netted has received greater
benefit than if the fish had been left to spawn naturally, for at least fifty per cent, of
the eggs have been returned as fry or yearlings, while by natural methods not above
five per cent, would arrive at the fry stage, and even this is, probably, a big estimate.

Within the next year it is expected that the hatching stations will have in their
stock ponds a sufiicient number of breeding fish without resorting to netting public
waters.

By artificial methods over ninety per cent, of the eggs of the salmon family are
hatched, and owners of private lakes who understand the matter are quite willing to
have their preserves netted for trout eggs if the State will return twenty per cent, and
sixteen and two-thirds per cent, respectively to their ponds antl keep the balance for
public waters.

The policy of the Commission in planting fingerlings and older fish so far as their
means and facilities will permit, is already bearing fruit, as shown by the operations
during the past year and by letters received from the people. By a system of

FISHERIES, GAME AND FORESTS. 1 39

changing the stock fish and young fish from the water of one station to that of
another, and by crossing the fish of one station with the fish of another to obtain fresh
blood (of course of the same species), stronger and more vigorous as well as more
rapid-growing fish have been obtained.

Judging from the reports which have come to us, there never has been such a
small percentage of loss in the transportation of young fish as during the past year.

We would again most earnestly recommend the absolute necessity for a longer
close season for black bass if the fish is to be saved from practical e.xtermination in
State waters. The applications each year call for millions of bass, and the supply is
limited to a few thousands. Black bass spawn through the month of June, and the
present open season begins on May 30th. Not satisfied with catching black bass in
June when they are spawning or brooding their young, a comparatively new mode of
destruction is being practiced by fishermen. As cold weather approaches black bass
congregate on shoals in deep water where they partially hibernate during the winter
months, and there the fishermen resort and catch the fish, stupid from the low temper-
ature, in vast numbers. We would recommend that the close season begin on October
15th and extend to July ist following. We would also recommend that the law
which now applies to the waters of the St. Lawrence River be made to apply to all
other waters in the State, namely, that no black bass shall be taken under ten inches
in length and that not more than twelve black bass shall be taken or possessed by one
person in one day ; "r twenty-four bass by two persons fishing together.

Black bass can not be propagated like trout and pike-perch ; and there is no
opportunity for getting stock fish except from waters which already show the effects
of over-fishing and which the Commission is now called upon to restock. It is only
bv protecting the black bass during their spawning season and by other restrictions
and having the law rigidly enforced that we can hope to preserve this fish from prac-
tical extermination.

We deem it our duty to recommend a law to protect fish in State nets when taken
for spawning purposes. Fish so confined have been removed from the nets by other
than employes of the State.

In our report submitted to the Legislature last year we had occasion to refer to
the heat and drouth in western New York which dried up the springs at the head of
Spring Creek (generally known as Caledonia Creek), on which the principal hatchery
of the State is situated, and which poisoned the water in the pond above the State
property and eventually killed the young fish in the hatchery and rearing boxes and
the stock fish in the ponds.

At the time this seemed to the general public like a calamity to be deplored, but
we said of it: " Except for a temporary embarrassment at the hatchery, and perhaps

I40

REPORT OF THE COMMISSIONERS OF

a decrease the coming year in the number of young fisli that will be furnished from
the station for planting in other waters, the loss was a blessing in disguise, from the
fact that the different species of fish had been crossed and recrossed in years past
until hybridism was the rule, and pure-bred fish the exception in the State ponds.
The loss has been made good in part with young, vigorous pure-bred fish ; and all
the stock ponds will soon contain their full quota of breeding fish of pure lineage,
better adapted for producing fry and yearlings for planting than fish with a taint of
hybridism." This promise has been more than fulfilled. To-day this station is second
to none in the United States in equipment and quality of work performed. It has a
capacity for hatching 5,000,000 trout fry, 10,000,000 whitefish and 20,000,000 pike-
perch, and in its rearing boxes and races 800,000 fingerling trout can be reared
annually. There are now at this station twenty-five stock ponds — one a wild pond.
The dam has been rebuilt and laid in cement so that there is no waste of water what-
ever. Four of the stock ponds ha\e been rebuilt, laid in cement with cement copings
and improxed in form for the better aeration of the water. P'our hundred and sixty
barrels of cement and 250 loads of sand were used in the repairs. The hatching
troughs ha\e all been replaced with new ones of cypress, and the piping is all of
wrought iron with brass gates.

On the 1st of October when the inventory of fish on hand at this station was com-
pleted it was found in place of the hybrid fish destroyed by the water mould in June,
1895, that the station could boast of the following vigorous, pure-bred fish:

Brook trout, five to eight years old, ..... 45

Brook trout, two and one-half to three and one-half years old, 3.000

Brook trout, one and one-half years old, .... 5,000

Brown trout, five to twelve years old, ..... i>5oo

Brown trout, three to four years old, . . . ... 300

Brown trout, one to two years old, ..... 300

Lake trout, ten to fifteen years old, ..... 25

Rainbow trout, five years old, ..... 40

Rainbow trout, three years old, ...... 500

Rainbow trout, one to two years old, ..... 400

Red throat trout,' one and one-half years old, . . . 1,900

Brook trout, eight months old, ...... 70,000

Brown trout, eight months old, ...... 32,000

Lake trout, eight months old, . . . ^ 8.000

Land-locked salmon, eight months old, .... 2,500

Scotch sea trout, eight months old, ..... 750

Rainbow trout, six months old, ...... 14,000

Steelhead trout, five months old. ...... 650

Total,

140,910

FISIIKKIES, GAMK AND FORESTS. I4I

Thus a total of 140,910 fish of all kinds were on hand October 1, 1896, in place of
36,700 turned over in May, 1895, by the old Commission, according to the report of
1894, practically all of which were lost by the flow of poisened water in June
following.

The Legislature has already passed a law limiting the catch of black bass to be
taken by one person in one day ; and we would recommend that a similar law be
passed to regulate the number of pounds of trout to be taken in one day by one
person, so that not to exceed ten pounds of brook trout nor twenty pounds of lake
trout may be taken or possessed by one person in one day.

Section 249 of the Game Law should be repealed as it puts a premium upon crime
in sister States that have non-export game laws, as most of them have, and is a
menace to the game in our own State, and makes it difficult to convict game-law
violators who kill our game out of season. This section permits the sale of game at
any season of the year, if it can be proved that the game "was shipped from a point
at least 300 miles distant from the State of New York." All that is necessary to
traffic in game under this section is to violate the laws of other States, for the close
sea.son of all the States is practically the same, and once the game is within our
borders it can be sold openly for twelve months in the year. Not only is the State in
the position of a receiver of stolen goods, but the law operates against our own game.
Courtesy and justice to other States, and the difficulty of protecting our own game
with this law in force, demands its repeal, and we earnestly recommend that it be
striken from the stal^tes.

Net-fishing within the mile limit should be absolutely prohibited throughout Lake
Ontario. Chaumont Bay and adjoining bays at the head of the St. Lawrence River
are natural spawning grounds for black bass and other fishes and act as feeders to and
nurseries for the St. Lawrence River, and we know of nothing that would do more to
improve the fishing of the St. Lawrence than to protect these waters a mile from the
main land and islands at that end of the lake. There is no gootl reason why
exceptions should be made of any portion of the water within the mile limit. On the
other hand, there is every reason why these waters should be protected as well if not
better than at any other point on the lake.

We also recommend that the open season for deer shall not exceed forty-five days,
and that hounding and jacking be prohibited. Although the hounding season was
shortened one-half last year, there were probably as many deer killed as during the
year before, and we believe the only way to preserve the deer is to prohibit hounding
entirely, at least for a term of years.

We further recommend that the woodcock and grouse season shall not open before
September 1st in each year, and that it shall close not later than November 30th.

142 REPORT OF THE COMMISSIONERS OF

The present law provides the same close season for black and gray squirrels, hares
and rabbits. We would recommend that a separate section be provided for squirrels
and that the season for hunting shall begin September ist and close December ist.

We would recommend that fishing for lake trout and black bass from steam crafts
be prohibited in Lake George; and we would also recommend that section }}0 be
amended to read: "In case any angler or person fishing in the waters of the State,"
etc., substituting "State" for "Thousand Islands."

Last year several most desirable amendments to the Game Law advocated by this
Commission were defeated because the\' were incorporated in a bill which compelled
the shad fishermen to take up their nets on P'riday night at sundown and keep them
up until Monday morning at sunrise. This amendment to the Shad Law is of the
utmost importance if a supply of spawning fish is to be obtained in the upper Hudson
River by this Commission to carry on its shad work, and we would again urge the
passage of a law to open the Hudson to the upward passage of the shad unimpeded
by nets from Friday night until Monday morning.

As we have pointed out in a previous report to your honorable body, the State of
New York is the second of the Middle Atlantic States and third of the States in the
Union in the value of her fishing products, and this enviable position can be main-
tained only by liberal appropriations to second her best fish cultural efforts, and
adequate laws to protect the fish during the season of reproduction and until the
young fish reach a marketable size.

The Commissioners in conclusion desire to express their thanks to the United
States Fish Commission for liberal contributions of fish and fish eggs, and to the
' railroads of the State, notably the Delaware and Hudson Canal Company, the New
York Central and Hudson River Railroad system, the New York, Ontario and Western
Railroad, the Delaware, Lackawanna and Western Railroad, the Buffalo, Rochester
and Pittsburg Railroad, and the Lehigh \'alley Railroad, for their continued courtesy
in hauling the State car and transporting messengers, fish and fish cans free.

Tl)e 3tate Reservation apon and along tl)e '^t. Laurence River.

Pursuant to the Provisions of chapter 802, Laws of 1896, entitled " An act for the
establishment of a State reservation upon the St. Lawrence Ri\er, in the State of New
York," we have the honor to submit the following suggestions :

The purpose of the above-named law, as indicated by the wording thereof, is to
create a State reservation on the St. Lawrence, ancl to place the same in charge of this
Commission. And it especially imposes upon us the duty of reporting to this Legis-

FISHERIES, GAME AND FORESTS. 1 43

lature such additional enactments as we deem necessary for the government of such
reservation with a view to making the same the most useful to the people as a part of
an international park on the St. Lawrence River.

As the subject matter of this plan is somewhat foreign to the duties placed on us
by the act under which this Commission was appointed, it was deemed necessary to
make a tour of said reservation and investigate as to the circumstances and needs of
that locality.

Accordingly in the month of September, 1896, we personally went to said river
and along the shores thereof and among its islands and found the circumstances as
follows :

This river has become during the last few years a great summer or water resort
for the people of the State of New York and of the Dominion of Canada. The
boundary line between the two countries divides the Thousand Islands therein located
nearly equally between Canada and this State. Nearly all of the smaller islands and
many of the points of land on the large islands and on the main shores of that river
have been built upon. In many instances improvements have been made by indi-
vidual owners to the extent of hundreds of thousands of dollars and the aggregate
outlay would amount to several millions. The State of New York does not own any
islands nor any main land there. The Dominion of Canada has already parted with
the possession of many of its islands on its side of the line and does not own any of
the main shore. The healthful climate and attractive fishing ofTered by this great
body of pure, cold, fresh water, brings to this section annually thousands of seekers
of health and pleasure, not only from the State of New York, but from the Southern
and Western States, and many prominent people from Europe also stop there, a few
days at least, to fish and have an outing while making a tour of the country.

The best fishing is remote from the great resorts and boarding-houses, and there
are no suitable camping places for canoeists, excursionists, camping parties, anglers
and the people generally, who desire to spend a few days or a longer time at the
desirable points, and we, therefore, urge the propriety of providing small pieces of
land at convenient places to be owned by the State and to be kept free for the public
use, and to provide boat landings, camping and picnic sites, etc.

The Canadian Government, under a mutual understanding that this State would
reciprocate, has already set aside twenty-five of the islands for unrestricted use of
boating and picnic parties of both countries. It is quite generally understood by our
Canadian friends that our people will provide, for similar uses, several islands or pieces
of land along the shore of the St. Lawrence River, and it is also understood by the
people of that locality that if our State does not provide such public places, then the
right to use the Canadian islands, by our people, will be withdrawn.

144 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AXD FORESTS.

Should the Canadian government take this action, the natural result will be that
many fishermen and summer visitors to that resort will go across the national line and
stop at Canadian hotels and be obliged to employ foreign oarsmen. This would mean
that the hotel business at that great resort would be seriously injured and our oarsmen
driven to Canada to reside. Our people, not from this State only, but from man\-
other States, that are now spending their money in our midst would spend it in a
foreign country. They would be driven from home. Uniform fish laws for this
locality have already been enacted by Canada and the State of New York, in pursu-
ance of the mutual understanding that a park would be provided for public use.

In view of all the circumstances, it is our opinion that places for public use should
be provided by the State. This can only be done by an appropriation being made to
purchase islands and places along the shores.

The State should appropriate a sum sufficient to acquire several islands or points
that will provide places for the free use of the people who visit this great health
resort. It seems to us that the sooner this provision for park purposes is made the
cheaper it will be, or rather that the same amount of money will buy more now than
it will e\en in the near future, for the reason that all the desirable places are being
purchased and built upon, and in a little while but few, if any, places will be in the
market at a price that can be called reasonable. Whatever anniunt the Legislature in
its judgment sees fit to appropriate for this purpose will be careiully and economic-
ally invested. Except as herein mentioned, any further legislation does not seem to
be needed for the control of said Reservation for the present.

THE DRINKING POOL

Di5tribatton of PisI).

3ct)cclale of Waters ^tocl^ed for ^car Ending >3eptember 30,

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And their Distribution in the liJaters of tl)e State of New ^orl^.

'"I ■^ H E R E are two species of black bass, tb.e small mouth, with the Latin name

I Microptcriis doloiiiicii, sometimes called the "true black bass ; " and the large

mouth, M. saliiwidcs, improperly called "Oswego" bass. Both species are

found in the waters of the State. The small mouth loves clear water, gravel or rock

bottom, and the large mouth as a rule is fond of weeds and tastes and smells of the

muck. As to their game qualities, there is an honest difTerence of opinion, but it

is safe to say that in this latitude the small mouth is the gamer fish, for he fights

like a bulldog to his death, while the other fish does all his hard fighting in the

first few rushes after he feels the hook. At times the large mouth will rise to the

fly more readily than his cousin, the small mouth, but there are no hard and fast

rules to describe the proper conditions for successful fishing for either ai the species

at all times. The fly or the bait that may lure black bass one day may be ignored

the day following when all conditions of wind and water seem to be similar. In a

word, the black bass is a capricious fish, and in what follows there will be no

attempt to separate the species, but under the general title of "Black Bass," I will

explain how the fish came into the waters of the State, show its distribution in part

and touch upon some of its habits and peculiarities.

In the beginning of this century there were no black bass in any of the interior

waters of the State of New York. Nature ordains most things wisely. Because man

by artificial means hatches from ninety-five to ninet\'-eight per cent, of the eggs of

many species of fishes, when by natural processes not more than one or two per cent.

of the same kind of eggs are hatched, it does not follow that man can improve upon

nature in all things pertaining to fishes. Nature intended the black bass for large

bodies of water — waters that afTord wide range and abundant pasturage, extensive

shoals and bars for breeding, massed boulders for hibernating, gravel for propagating

their chief food, the crayfish; grasses and moss to harbor small Crustacea, etc. I have

not mentioned "minnows" or other small fish as an essential food for black bass,

for, contrary to general belief, black bass are not piscivorous fish. They have

villiform or brush-like teeth, not cardiform teeth like the pike or pickerel which is a

piscivorous fish.

They will eat minnows, to be sure, but they are not their chief diet, as

is the crayfish, when they are provided in the water. In small waters, black bass
176

REPORT OF THE COMMISSION'ERS OF FISHERIES, GAME AND FORESTS. 177

will practically exterminate minnow food, if nothing else is offered, but they
appear to be unable to exterminate crayfish, and for this and other reasons, to be
touched upon later, crayfish food should be provided in all waters containing black
bass, if they are expected to thrive. In nature's distribution of black bass. New York
State was omitted, except in waters having connection with the Great Lakes or the
St. Lawrence. The building of the Erie Canal, about 1825, brought black bass from
Lake Erie to the Hudson River and to the waterways having connection with the
canal throughout the central portion of the State. From the Hudson, black bass were
conveyed to Saratoga Lake, near Saratoga Springs, and thereafter this lake became a
sort of central distributing point, from which the fish spread well over the north-
eastern part of the State. In 1850, Mr. Samuel Tisdale procured black bass from
Saratoga Lake and transported them to a pond near East Wareham, Mass., and there
this fish made its first appearance in the New England States. The spread of black
bass through the waters of New England from the initial plant in Flax Lake, East
Wareham, is not subject-matter for this paper, but New England is indebted to the
waters of the State of New York for the introduction of black bass through Mr.
Tisdale's efforts, for, I believe, it was not until about twenty-five years later that black
bass were taken directly to the State of Maine by the late George Shepard Page. In
the mean time, the East Wareham fish have spread as far as the southern part of the
Fine Tree State.

From Saratoga Lake black bass were conveyed to Effner Lake, in Saratoga
County, with an outlet into the Sacandaga River, a tributary of the Hudson. From
Eflfner Lake the bass were taken to Schroon Lake, in Warren and Essex Counties.
The dam at the outlet of Eflfner Lake was destroyed, and the bass found their way
into the Sacandaga and down that stream into the Hudson, below Luzerne. Gradually
they worked down the Hudson, over dams and falls, until they joined their brethren
above and below Troy. The falls at Luzerne proved a bar to their upward movements, ■
but they worked down from Schroon Lake through Schroon River into the upper
Hudson, destroying the trout fishing as they advanced, and finally the upper Hudson
and its tributaries were as well stocked as the lower ri\-er. Then came the era of
straw paper, and paper mills sprang up everywhere and poured lime into the streams,
and the black bass and other fish were practically destroyed where paper mills
held sway.

In the mean time the stocking of small streams and small ponds with black
bass was being prosecuted with vigor. It was such a simple matter to catch a few
black bass, put them alive in a bucket and carry them to a near-by water and deposit
them. There was a black bass craze; waters wholly unfitted to the fish were planted;
trout waters were destroyed, for no judgment was exercised in the general black bass
12

178 REPORT OF THE COMMISSIONERS OF

planting. Clear lakes and ponds on mountain tops that had never contained other
fish than trout and cyprinidas suffered from the black bass epidemic or pest. The
Black River canal, which taps the Erie at Rome, played its part in spreading the
black bass.

In January, 1872, black bass invaded the Adirondack wilderness, when, at the
suggestion of ex-Governor Horatio Seymour, one of the State Fish Commissioners,
sixty adult black bass were deposited in Raquette Lake to spread into Big and Little
Forked Lakes, Shed Lake, Brown's Tract Ponds, Utowana, Eagle and Blue Mountain
Lakes. The last named lake, formerly called Tallow Lake and later Emmons Lake,
once had the reputation of containing the largest lake trout of any of the interior
waters of the State. Schroon Lake stocked Paradox and Brant Lakes, and gradually
the trout were forced back and the black bass advanced from the borders to the inte-
rior of the Adirondack Wilderness, the original habitat of the brook and lake trout.
As the fruit of this indiscriminate stocking of small bodies of water, we have to-day
hundreds of ponds that offer no fishing worthy of the name; and this applies not only
to trout waters that have been planted with black bass, but to waters planted with the
same fish which before contained only coarse fish, so called. The black bass have
practically destroyed the food in these waters and are themselves dwarfed, and as food
preserves for mankind the ponds are useless. In some instances this state of affairs
can be remedied by planting food — not minnows, but crayfish, which breed rapidly
and are the natural food of the black bass.

Lake George is believed to be the natural habitat of black bass, and the fish
probably found their way at an early period from the St. Lawrence through Lake
Champlain into Lake George. The largest individual black bass ever taken from
Lake George, up to a few years ago, weighed six and one-half .pounds. The Lake
contained no crayfish until it was stocked by the State, but since it was stocked with
crayfish, which are now abundant and on the increase, black bass of over seven
pounds have been taken. Probably the largest black bass of the small mouth species
ever taken from any water came from Long Pond in Warren County, now called Glen
Lake. I saw one bass caught from this Lake which weighed ten pounds, and another
was taken from it which weighed eleven and one-quarter pounds, and one was speared
in it which weighed thirteen pounds. Long Pond or Glen Lake was stocked with
thirteen little black bass brought from Lake George in a bait bucket. This plant
alone has resulted in tons of black bass being taken from the lake.

Once a lake is planted with black bass they are there to stay. They may amount
to nothing as food or sport, but it is impossible to get rid of them, for no other
fish will exterminate them, and the only remedy for waters containing black bass
which have destroyed other fish and are dwarfed themselves is to try and supply

FISHERIES, GAME AND FORESTS. 1/9

food for them by artificial means. The black bass, the bull head and tne sun fish
deposit their spawn and watch over it until it is hatched ; when the young brood
rises, the parent fish, in the case of the black bass and the sun fish it is the male,
guards and watches over the brood, driving ofT all intruders that threaten destruction
to the young. The watchful parent bass that fights valiantly to protect its young
may in the end turn upon the brood and swallow all that are not quick enough to
escape. Like all spring spawning fishes the black bass spawns in a rising temperature,
and not until the water is about sixty-five or si.xty-six degrees Fahrenheit for a con-
siderable part of the day will the black bass prepare spawning beds. This refers to
conditions existing in this State, and the temperature given is similar to the tempera-
ture at which black bass spawn in Michigan, as has been determined by close obser-
vation in a series of experiments, but I understand that in more southern States black
bass will spawn where the water is a few degrees colder.* After the spawning beds
are prepared, if there is a lowering of the temperature of the water, the bass will
abandon the beds and not return to them until the water again rises to about the
figures given. Observation shows that bass after preparing their beds have abandoned
them for two weeks because of a lowering of the temperature of the water. It is for
this reason that the Fisheries, Game and F"orests Commission has advocated a close
season extending through the month of June, instead of to the 15th of June, as at
present.

If black bass are to be preserved in this State, the close season must be
made to cover their breeding season, for black bass cannot be hatched artificially like
the trout, salmon, white fish, shad, pike-perch, codfish, smelt, tomcod, etc., etc. It is
not necessary for the purposes of this paper to explain in detail why the black bass
cannot be treated as other fish named are treated in the State hatching stations, but
the impregnated ova of the black bass cannot be obtained for hatching. Nature seems
to forbid it; and, although man has tried repeatedly to overcome nature's scruples in
this respect, he has not succeeded, and probably never will succeed. When nature
elected that the black bass should have different spawning habits from any other of
the so-called game fishes, she apparently put the seal of disapproval upon the opera-
tion of taking the eggs by hand ; at the same time she provided that natural impreg-
nation of black bass eggs should reach to nearly as high a percentage as man had
been able to secure by artificial means with other species of fish. In the cold waters
of this State black bass mature slowly, but in warmer water of more southern States
black bass spawn the season following that in which they are born. It requires a

* While this report was passing through the press I was told by Mr. W. de C. Ravenel, of the
United States Fish Commission, of one instance where black bass were known to spawn with the
water less than 60" Fahr.

I So

REPORT OF THE COMMISSIONERS OF

temperature of water approximating sixty-eight degrees Fahrenheit to hatch the food
of young black bass (^Cyclops, Daplinia, etc., illustrated in the report of this Commis-
sion for 1895), so there is no earthly or watery reason for young bass to be born,
before their food is ready for them, for again like all spring spawning fishes, the
umbilical sac, with which they are born and on which they feed by absorption, is
small and is exhausted in a few days.

The only thing thus far done in the way of rearing young black bass is to provide
breeding ponds of small area where the bass can be under the constant observation of

THE LAST FISH FOR THE DAY.

those in charge. The breeding fish are placed in the ponds and are there allowed to
spawn naturally, although artificial nests or spawning beds are in some instances pro-
vided. After the bass have mated and spawned and the young are hatched, the
parent fish are removed and the young remain in the pond. With the best of care
and feeding, the black bass fry will prey upon one another, the strong eating the
weak. When the fry are two to four inches long, they are netted out of the rearing
ponds and distributed in like manner as other fish of same size. This is the nearest

FISHERIES, GAME AND FORESTS. l8l

that the science of fish culture has come to cultivating black bass artificially. This
method of cultivating black bass has been practiced for a number of years by the
United States Fish Commission and originated with Maj. Isaac Arnold, United
States Army, about 1882 or 1883. Black bass are hardy, long suffering fish. As a
boy I made a trade for some live black bass and took them in a flour sack on my
back to my home and put them in a tub of water. They revived and swam about the
tub, each one coated from nose to end of tail with flour, as white as chalk. Finally I
had a glimmering of sense and decided not to put them in my trout pond, and the
next day carried them back and made another trade and they lived in the other boy's
spring for a long time after. The United States Fish Commission put some black
bass in one of the ponds at the carp station in Washington until they could be
distributed. Later it was desired to use the pond for young shad and the water was
drawn out and the pond left dry until the following spring. Winter intervening the
pond was filled from seepage, shad fry were turned into the pond and then it was
discovered that larger fish of some kind were feeding on the young shad. Investi-
gation proved that there were black bass in the pond, and their appearance there
could be accounted for only by the fact that the bass had burrowed in the bottom of
the pond as the water was drawn off and remained all winter, only to reappear when
the pond was refilled. This instance will illustrate the difficulty of getting black
bass out of a pond or lake once they are introduced. During the early days of
artificial fish propagation and planting mistakes were made that will haunt the fish
culturist for years to come. The intentions were doubtless always good, but subse-
quent events proved them to be errors of judgment in the light of greater experience.

The error of planting black bass in waters wholly unfitted for them cannot be
charged entirely to fish culturists or those in authority, but following mistakes of this
character another great mistake was made in planting the German carp as food for
black bass. Waters in which trout at one time abounded were planted with bass and
then with carp.

During the past summer 1 visited one stream which was once as fine a trout
brook as can be found in the State. Bass were put in the stream and then
carp were planted. To-day the carp infest it like a drove of water hogs. The trout
of course are gone, except an occasional one in the very head waters, the black bass
are an unimportant factor in the food supply of the stream, but the carp, great big
fellows up to thirty pounds in weight, wallow in the pools and back waters, stirring
up the mud and defiling the stream with their presence where nature never intended
them to be. They cannot be netted, for it is contrary to law to do this ; and, until
the law is changed to permit a war upon them in waters where they have no business
to be, thev must remain to the exclusion of better fish. This is another illustration of

1 82 REPORT OF THE COMMISSIONERS OF

the fact that it is much easier to put fish into a water then to get the same fish out
afterwards, when they have proven to be unfit for the water. The carp is a good fish
in its place, but its place is not in trout or black bass waters. The chairman of the
Fisheries Committee of the Tuxedo Club tells me that he has seen large carp push
black bass from their spawning beds, while in the act of spawning, in order to eat the
spawn.

About ten or twelve years ago I wrote an article in one of the angling journals
declaring that black bass changed color at will to conform to the color of their environ-
ment, in the same manner as the brook trout. I discovered the fact quite by chance,
and published it with a feeling that the statement would be challenged; for it was, so
far as I knew, an absolutely new observation, then printed for the first time, and only
a little while before an elaborate article had been published on the coloration of the
black bass to show that bass in diflferent waters, with different food, etc., were of
different colors.

While this is true, as every bass fisherman knows, if all the various colored
bass, with vertical bars and lateral bands, finger marks, dark spots, etc., were placed
together alive in one vessel, in ten minutes all would become the same color. This I
have observed over and over since I first noticed it in the well of a fishing boat in the
fall of the year.

In fish cultural operations, for instance w^ith trout, the State takes from a lake a
certain quantity of eggs, and when the eggs are hatched twenty per cent, or more of
the fry from the eggs are returned to the lake ; the benefit to the lake will be greater
than if all the eggs were left in the water, to be hatched by natural processes.

This is not the case with black bass. If the State Commission plants black bass,
so many fish, adult or fry, must be taken from one water and planted in another, for
there is no percentage of the fry to be returned to the parent water. What is gain to
one water is dead loss to the other. Under the circumstances, much care is exercised
by the Fisheries, Game and Forests Commission in transferring black bass from one
water to another, and many of the bass planted in State waters have been obtained
from waters without the State. From 1873 to 1894, both inclusive, a period of
twenty-two years, the State planted 73,287 black bass in its interior waters, an average
of 3,331 bass each year. During the two years of the existence of the present
Commission 41,678 black bass have been planted in the State, an average of 20,839
bass each year.

To show the distribution of black bass in State waters by the State would
require considerable space, if all the waters' were mentioned, and would perhaps
serve no good purpose, but I propose to mention some of the waters that have been
stocked, to show how widely the distribution has been made.

FISHERIES, GAME AND FORESTS. 1 83

The Hudson, Mohawk, Genesee, Canisteo, Susquehanna, Delaware, Chenango,
Allegany, Chemung, Cohacton, Otsego, Oswegatchie, Walkill, Hoosick, Little Salmon
and Unadilla are some of the rivers that have been stocked.

Greenwood Lake, Lake George, Saratoga Lake, Prospect Park Lake, in Prospect
Park, Brooklyn; Central Park Lake, in Central Park, New York; Schroon Lake and
Paradox Lake are some of the lakes that have received black bass from the State,
without being charged to any particular County. Of the smaller bodies of water, or
those charged to a particular County, the following will serve as examples :

Allegany County: Lake Cuba, Flanagan's Pond. Saratoga County: Round Lake.
Rockland County: Highland Lake, Rockland Lake. Madison County : Madison Lake,
Cazenovia Lake. Eric County : Oriskany Creek, Cayuga Creek. Westchester County:
New Rochelle Ponds, Saulpew Pond. Washington County: Jackson Pond, Summit
Pond. Otsego County: Crumhorn Pond, Schuyler Lake. Seneca County: Seneca
Lake. Herkimer County: Fourth Bisby Lake, West Canada Creek. Franklin County:
Otter Pond. Hamilton County: Big Tupper Lake. Livingston County: Hemlock
Lake. Rensselaer County: Kinderhook Lake, Schaghticoke Lake, Sand Lake, Glass-
house Lake, Crooked Lake. Tioga County: Spencer Pond. Schoharie County: Coble-
skill Pond. Columbia County: Copake Lake, Lebanon Mountain Lake, Charlotte
Lake, Whitney's Pond. Chenango County: Geneyhanset Lake, Lake Earlville.
Wyoming County: Java Creek, Silver Lake, Cattaraugus Lake. Putnam
County: Central Pond, Toucey Lake, Mahopac Lake. Ontario County: Grossman's
Pond, Canandaigua Outlet, Flint Creek, Bullhead Pond. Albany County: Norman's
Kill. Onondaga County: Crooked Lake, Jamestown Reservoir. Steuben County:
Loon Lake, Little Lake, Smith Pond, Lake Salubria. Chautauqua Couttty: Cassadaga
Lake. Dutchess County: Shork Pond, Stissing Pond. Lewis County: Bonaparte
Lake. Sullivan County: Loch Sheldrake, Long Pond, Pleasant Lake, Shandakin
Pond. Delaware County: Henderson Lake. Richmond County : Silver Lake, Arbutus
Lake. Suffolk County: Mill Pond, Cold Spring, Great Pond. St. Lawrence County:
Trout Lake. Oneida County: Jock's Lake. Wayne County: Mud Creek. Cortland
County: Little York Lakes. Genesee County: Black Creek, Lathrop Lake. Warren
County: Glen Lake, Luzerne Lake. Orange County: Orange Lake, Bashaw Lake,
Monagan Lake, Shawangum Kill. Oswego County: Mud Lake. Monroe County:
Oatka Creek, Garbutt Pond, Willow Pond, Mendon Pond. Ulster County: Cooper
Lake, Echo Lake, Esopus Creek. Montgomery County: Spring Ponds. Cattaraugus
County: Isna Creek, Cazenovia Creek, Lime Pond.

More than two-thirds of the counties of the State are here represented in this
partial list of waters planted by the State Commission with black bass, and I think it
is safe to say that some of the waters of every one of the sixty counties contain black

1 84

REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

bass. Counties of the Adirondack Wilderness and the Catskill region, not mentioned
in the foregoing list, have black bass in their waters, and the greatest care should be
exercised that they do not further invade the home of the brook trout. The Commis-
sion realizes the importance of confining black bass to the waters in which they are
now found, and entrusts the planting of the fish only to its own men. Desirable as
the black bass is, as the universal game fish of the people, the spread of it should be
checked, in spite of the desire constantly showing itself to plant the fish in yet new
waters, by those who do not understand the harm that may come from it. To all
such this is written as a warning.

A. N. CHENEY,

State Fish Cultttrist.

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TI)e (American ^^ibling,

or Ciolden Troat. — Salvelinus Sunapee (Webber and Quackenbos,
1886); Salvelinus Aureohis (Bean, 1888); Salvelinus Alpinus
Aureohis (Jordan, 1891).

I

N the summer of 18S2, anglers first
began to hear of the capture of a
large, silvery, deep water trout at
Lake Sunapee, New Hampshire. For
several years this fish was known as
the St. John River trout, on the pre-
sumption that it was descended from
certain yearlings rumored to have been
introduced into Sunapee from the St.
John River, New Brunswick, in 1867,
but which really came from Grand
Lake, Maine, and were ouananiche.
The conspicuous development of the
under jaw in the males led to the local
names of "hawk-bill" and "hook-
bill ; " the silvery sides of the fish in
summer gave rise to that of "white
trout."

In October, 1885, George F. Pea-
body, now of Sunapee, then a resident
of the east shore, accidently came upon
a mid-lake spawning-bed, an acre or
two in area, covered with hundreds of the new trout ranging from three to ten
pounds in weight. He promptly notified the Fish Commissioners of his find, and
specimens were sent to Washington and Cambridge for identification. They proved
to be representatives of a highly variable Alpine charr, distributed through the
Dominion of Canada, Labrador, and Greenland, but whose presence in United States
waters was unsuspected.

This charr is now believed to be aboriginal to Lake Sunapee, as well as to Flood's
Pond, in the town of Otis, near Ellsworth, Maine. The water of both these lakes is
deep and exceptionally pure and cold. Lake Sunapee is a true ancient rock-basin, as

A LANO-LOCKED SALMON.

1 86 REPORT OF THE COMMISSIONERS OF

shown by the natural granite dam at the outlet. It now discharges into the Connecti-
cut River; but until the receding ice of the last glacial epoch reached, in its sluggish
melt toward the north, the lower valley of the Sugar River, the mighty inland sea of
primeval times poured into the Merrimack over Newbury Summit, sixty feet higher
than the level of the present effluent. Through the Merrimack watershed, while the
valley of the Sugar River was as yet choked with glacial ice, the quaternary trout, if
of marine ancestr)', must have found their way into this mysterious lake, following
like man and the higher mammalia, but by watery channels, the retreating ice-fields,
and swarming into the basin of Sunapee, excavated anew for their reception by the
erosive power of the glacier, and filled with its melting snows. This quaternary charr,
or Alpine trout — represented in the saibling of the mountain lakes of Europe from
Austria to Spitzbergen, in the Dolly Varden {Malma) on both sides of Bering Sea, in
the pigmy blue-back of Maine {Oqiiassa), and in the large anadromous or sea-run
blue-back of Labrador — is believed to be the ancestral type from which our common
brook trout has differentiated. It has simply found in Lake Sunapee and F"lood's Pond
conditions for its survival — in the purity of the water (Sunapee, one and three-tenths
grains of solid matter to the gallon), in the dcptli of the water (both lakes over one
hundred feet), in the character of the bottom (white sand and gravel), in the tempera-
ture of the lower layers (Sunapee 38° Fahr. to 52° Fahr, according to depth and
season), and in the abundance of crustacean and fish food.

The distinguishing features of the Sunapee charr are: The presence of a broad
row of teeth on the hyoid bone, between the lower extremities of the first two gill
arches ; the absence of mottling on the dark sea-green back and excessively developed
fins; inconspicuous yellow spots, without blue areola; a square or slightly emar-
ginate tail ; a small and delicately shaped head, diminutive aristocratic mouth,
liquid planetary eyes, and a generally graceful build ; a phenomenally brilliant nuptial
coloration, recalling the foreign appellations of "blood-red charr," " gilt charr," and
"golden saibling." As the October pairing time approaches, the Sunapee fish
becomes illuminated with the flushes of maturing passion. The steel green mantle
of the back and shoulders now seems to dissolve into a veil of amethyst, through
which the daffodil spots of mid-summer gleam out in points of flame, while below the
lateral line all is dazzling orange. The fins catch the hue of the adjacent parts, and
pectoral, ventral, anal, and lower lobe of caudal, are marked with a lustrous white band.
It is a unique experience to watch this American saibling spawning on the Sunapee
shallows. Here in all the magnificence of their nuptial decoration, flash schools of
painted beauties, circling in proud sweeps about the submerged boulders they would
select as the scenes of their loves — the poetry of an epithalamion in every motion — in
one direction, uncovering to the sunbeams in amorous leaps their golden-tinctured

FISHERIES, GAME AND FORESTS. 1 87

sides, gemmed with the fire of rubies; in another, darting in little companies, the
pencilled margins of their fins seeming to trail behind them like white ribbons under
the ripples. There are conspicuous diflferences in intensity of general coloration, and
the gaudy dyes of the milter are tempered in the spawner to a dead-lustre cadmium
cream or olive chrome, with opal spots. The wedding garment nature has given to
this charr is unparagoned. Those who have seen the bridal march of the glistering
hordes, in all their glory of color and majesty of action, pronounce it a spectacle never
to be forgotten. That so conspicuous a game and food fish could have been aboriginal
to Lake Sunapee, and for one hundred years have escaped the notice alike of visit-
ing and resident anglers, persistent poachers, and alert scientists, is accounted for:

First, by its habits, which protected it from observation and persecution. The
white trout rarely approached the surface, e.xcept during the last week of October and
the first week in November, when it appeared on the mid-lake reefs to spawn — a time
of year when angling is out of season, and in localities dangerous or impossible of
access in the old-style, unseaworthy flat-bottoms during the autumnal wind-storms.
The secluded habits of the European charrs explain in like manner the obscurity
which has so long involved the life history of those fishes. Moreover, ordinary fisher-
men recognized no diflference between the white and the brook trout, a thing not to
be wondered at when ichthyologists failed at first to separate the forms.

Secondly, by the continuous exposure of the species to the ravages of the yellow
perch and the miller's thumb. Before the introduction of black bass in 1868, both
these enemies of trout were abundant in the lake and the connecting estuaries, and
there being at that time no smelt food, subsisted largely on the eggs and fry of the
lake-spawning charr. At the spring hatching season, the perch held carnival among
the helpless alevins, almost effecting, by their periodic havoc, the extermination of the
white trout. But as the black bass increased in number, they fell upon the perch in
turn, until the lake was virtually rid of this voracious pest. Thus the saibling, which
had been reduced to the verge of annihilation, had a chance to multiply. The black
bass do not interfere with it, for two reasons :

First, both bass and trout have an abundance of easily caught and tasteful food
in the land-locked smelts, which have increased since their introduction, until now
they literally school in millions.

Secondly, bass and trout are not found in the same sections of water at the same
time, the trout keeping in a temperature of 42" Fahr. to 50° Fahr. (on the surface in
May, sixty feet below in July and August) ; the bass preferring 65° Fahr. to 70" Fahr.
in summer, and hibernating in winter and during the spring hatching time of tne
trout. Thus freed from persecution on the part of the uraiiiiica and the pcrca Ameri-
cana, the saibling has increased, until it is now present in myriads.

i88

REPORT OF THE COMMISSIONERS OF

I have just received a most interesting confirmation of this theory — tliat the intro-
duction of black bass into a trout lake may improve the trout fishing in that lake — from Mr.
Arthur Merrill, of the Maine Inland Fisheries and Game Commission. Mr. Merrill

writes from Monmouth, Maine, under
date of September 13, 1897 ■ —

" The theory that the introduc-
tion of black bass changed the
natural conditions in Lake Sunapee
so that the saibling had a chance
to increase, seems to be substantiated
by well-known facts in the case of
many Maine lakes, notably the
Cobbosseecontee and Messalonshee
chains, in Kennebec County. These
lakes, twenty in number, with an
area of 50,000 acres, formerly
swarmed with trout ; but the intro-
duction of perch and pickerel so
reduced the numbers of fontinalis
that it was apparently exterminated.
The introduction of black bass, how-
ever, has been followed by an un-
expected increase in the number of
trout, and now these lakes afford the
best trout fishitig obtainable in the
settled area of the State. Lake Cob-
bosseecontee yielded over 500 brook-
trout this year, weighing from two
to seven pounds each, and the lake
was not persistently fished, as its
resources were known only to local
fishermen."

The Sunapee saibling takes live
bait readily, preferring a cast smelt in
spring, when it pursues the spawning osmerus to the shores. As far as is known, it does
not rise to the fly, either at this season, or when on the shoals in autumn. Through the
summer months, it is angled for with a live minnow or smelt, in sixty to seventy feet of
water, over a cold bottom, in localities that have been baited. While the smelt are

'■■:, 1)5. y-W

TROUT FOR BREAKFAST.

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I-ISIIERIES, GAME AND FORESTS. 1 89

inshore, trolling with a light fly-rod and fine tackle, either with a Skinner's fluted
spoon, No. 1, or a small smelt on single hook, will sometimes yield superb sport, as
the game qualities of the white trout are estimated to be double those of the fontinalis.
The most exhilarating amusement to be had with this charr, after the first hot June
days, is in trolling from a sailboat with a greenheart tarpon rod, 300 feet of copper
wire of the smallest calibre on a heavy tarpon reel, and attached to this a six-foot
braided leader with a Buell's spinner, or a live minnow on a stiff' gang. The weight
of the wire sinks the bait to the requisite depth. When the sailboat is running across
the wind at the maximum of her speed, the sensation experienced by the strike of a
four or five-pound fish bankrupts all description. A strong line under such a tension
would part on the instant ; but the ductility of the wire averts this accident, and the
man at the reel end of the rod experiences a characteristic " give," quickly followed by
the dead-weight strain of the frenzied salmonoid. To land a fish thus struck implies
much greater patience and skill than a successful battle, under similar circumstances,
with a five-ounce six-strip and delicate tackle. The pleasure is largely concentrated
in the strike, and the perception of a big fish "fast." The watchfulness and labor
involved in the subsequent struggle border closely on the confines of pain. The ductile
wire is an essentially different means from a taut silk line. The fish holds the coign of
vantage ; when he stands back and with bulldog pertinacity wrenches savagely at the
pliable metal — when he rises to the surface in a despairing leap for his life — the angler
is at his mercy. But, brother of the sleave-silk and tinsel, when at last you gaze
upon your captive lying asphyxiated on the surface, a synthesis of qualities that make
a perfect fish — when you disengage him from the meshes of the net, and place his icy
figure in your outstretched palms, and watch the tropasolin glow of his awakening loves
soften into cream tints, and the cream tints pale into the pearl of moonstone, as the
muscles of respiration grow feebler and more irregular in their contraction — you will
experience a peculiar thrill that the capture neither of ouananiche, nor foiitinalis, nor
namayciish can ever excite. It is this after-glow of pleasure, this delight of contem-
plation and speculation, of which the scientific angler never wearies, that lends a charm
all its own to the pursuit of the Alpine trout.

Finally there can be no doubt as to the economic value of the American saibling.
It is one of the most prolific of our salmonoids, the female averaging i,200 eggs to
the pound, and casting spawn when only two ounces in weight. It is also a singularly
rapid grower where smelt food abounds. The extreme weight proved to have been
attained is about twelve pounds, although accounts exist of much larger specimens
weighing from fifteen to twenty pounds. As a rule, the greater the altitude, the
smaller the fish, but the more intense their coloration. In some of the higher Swiss
lakes, the saibling run eight or nine to the pound. This charr is exceptionally hardy

I90 REPORT OF THE COMMISSIONERS OF

and easy to propagate. The eggs bear transportation over the roughest roads without
injury. Superintendent Race of the Green Lake Station, Maine, claims that in the
percentage of eggs fertihzed and fry hatched, the saibling takes precedence of all
congeners. As far as is known, however, it does not breed in confinement, nor under
such circumstances afTect a brilliant nuptial coloration. Ripe fish taken at Lake
Sunapee can not be transferred to the State tanks, one mile from the spawning-beds,
without a long and serious dela}- in their sexual procedures. Instances occur in which
females refuse to part with their eggs and carry them over to the ne.xt season. Adult
saibling have been kept for three years in a cold spring at Holderness ; but even when
placed among spawning brook trout, they remained passionless, manifesting no
perceptible sexual appetite. At death, the reproductive organs of these fish were
found conspicuously atrophied.

In regard to the hardiness of the saibling, Mr. Merrill states: "At Green Lake, the
temperature of the water runs high in spring, and much loss has been occasioned
thereby among the brook trout fry, but the saibling have in such cases remained per-
fectly healthy. My experience in rearing this fish has been extremely satisfactory,
and I believe it to be one of the best subjects for the fish culturist among our salmo-
nidae, especially where the fry are reared to the yearling stage, as is generally done in
Maine. The eggs that I received last winter hatched well, and the fry, in the early
stages of development, displayed wonderful hardiness under the most trying circum-
stances.

"The brook trout, during the spring, suffered from warm water, the tempera-
ture rising to 65° F. soon after they hatched. The loss was considerable, but the
saibling fry ivcre not affected by this Iiigh temperature. It would seem that at the time
the saibling is hatching on the shoals, and is exposed to great variations of tempera-
ture. Nature has rendered the fry immune. My young saibling are persistent hiders;
any crevice in the bank or lump of clay on the bottom affords a hiding place. When
fed, they will emerge and rise for their food, but will immediately hide again. Trout
fed in similar ponds do not at any time hide, but school together, generally at the
head of the pond. In feeding, the saibling remain near the bottom, darting up after
their food and going back quickly. They are much cleaner feeders than either trout
or salmon, picking up all the food that sinks, allowing none to waste. Although they
will hide when opportunity olTers, the young saibling are much tamer than trout or
salmon, approaching more closely the person feeding them, and when in the troughs
allowing themselves to be picked up with but little efifort to escape. The adult saibling
that I carried to the Lake Auburn hatchery from Flood's Pond last November have
fed well in the stock ponds and have made a rapid growth. As in the case of my
experience with the young fish, the)- grew very tame and were the favorites to feed

FISUKKIKS, GAME AND FORESTS.

191

for the entertainment of visitors. Several were e-xhibited at the Maine Stale Fair this
month, and have endured without appreciable injury the ordeal of river water and
close confinement in a glass aquarium.

"/;/ consideration of the experience 7i' kick I have had -with the American saibling,
I would select it in preference to any other fisli if I desired a sabuonoid to rear from
the fry and obtain the best results in size and percentage matured"

I most heartily sustain Mr. Merrill in everything he says regarding the desirability
of this charr, and confidentl}' recommend it to the attention of State and National
commissioners who are presumabh' interested in placing a \aluable and easily propa-
gated food and game fish within reach of the American people. It is facile princcps,
from its rush at the cast smelt to the finish at the breakfast table.

JOHN DUNCAN QUACKKNBOS.

Columbia Ukiversitv, New York.

fri-'jWA-|5->< 't-f

GAFFING A LAKE TROUT

Concerning P^root) Troaf

And Conditions Favorable to tl)eir Propagation.

T

Hl{ artificial propagation
of fishes, that is, taking
the eggs, impregnating
A CRITICAL MOMENT. ^^j hatching them by

hand, is reduceci practically to an exact science, so far as the eggs of most food
fishes are concerned ; and after that the rearing of fry to yearlings or older
in the hatcheries is chiefly a matter of cost of food, water supply and care of
the young fish by skilled men. Most fish, loo, of all ages are now transported without
loss worth mentioning, so the work of actual hatching, rearing, transporting and planting
food fishes can be planned in advance and carried out as successfully as the rearing of
warm-blooded animals. Beyond the point of planting strong young fish in wild waters,
the work may be a success or failure depending upon the conditions existing in the
water itself. It may not be an entire success nor an abject failure, but the fish breeder
cannot always foresee which it will be with the certainty that he can foretell the results
in his hatchery. Wild waters are always presenting problems to be worked out, to
insure the success of fish propagation in them, because the conditions are not always
constant in any particular water, and conditions change with difTerent waters. In

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REPORT OF THE COMMISSIONERS OF FISHERIES, (JAME AND FORESTS. I93

plantint^ fish in a territory so extensive as is comprised within the boundaries of the
State of New York, it is a most difficult matter to determine in advance what conditions
exist in all waters that the State is called upon to stock.

Streams that were once natural trout streams may have become unfit for trout,
through lack of shade and the drying up of the fountain head during a part of the
season, caused by lumbering operations. A stream well shaded by forest growth may
pro\'ide water of a temperature for trout, and when the axe has opened the stream to
the sun the temperature of the water may rise to such a degree that trout cannot live
in it. Not one applicant in fifty who asks for trout fry gives the temperature of the
water to be planted with any positiveness. A stream that is a roaring torrent in the
spring during the melting of the snows, and is afterward a mere thread of warm water,
is not a proper stream for trout of any kind. As a matter of fact, I have seen a brook
absolutely dry in the month of August that was planted with trout the preceding May,
and probably it was planted in good faith by the person who applied for and obtained
the trout from the State.

The State hatches a greater number of fish each succeeding year, but the applica-
tions for fish more than keep pace with the increase, and the applications have to be
sifted and examined carefully that the best results may be obtained by the Commission
in planting fish onl\- in suitable waters, judging from the information furnished. If
this information is defecti\e or unreliable, or the exact condition existing unknown,
the result of fish planting may be disappointing.

To show what may be done in the way of stocking a pond intelligently with trout
fry, an illustration of five trout accompanies this article. Mr. W. C. Witherbee, of Port
Henry, obtained 5,000 brook trout fry from the State and planted them in a small pond
in Essex County. The pond had once contained trout, but was so thoroughly fished
out that no one thought of fishing it at the time. It contained an abundance of fish
food, with a fine inlet stream, spring fed, and an ample supply of water. In fact, all
the conditions were favorable, as the result shows. The fry were planted and allowed
to grow for several years and the pond was not fished for there was no boat on it, and
it was not generally known that it was restocked. Mr. and Mrs. Witherbee, concluding
that the pond had had time to recuperate, went there for a day's fishing and caught
the five trout reproduced from a photograph in the illustration, the weights being four
and one-half, four, four, four, and three and three-quarters pounds respectively, or a
total for the five trout of twenty and one-quarter pounds. The pond was, of course,
public water, and at once it was fished without ceasing. One trout of over eleven
pounds was taken from it, taken, too, without regard to the ethics of fair angling ; and
it is more than suspected that even a larger trout was taken from the inlet stream at
the spawning season, a trout of thirteen pounds and three ounces. Here are other
13

194 REPORT OF THE COMMISSIONERS OF

conditions to be considered. After a pond is stocked with fish, and well stocked,
water, food and temperature, all being suitable, what rules can be enforced to insure
that the pond will be fished with moderation in season and not at all out of season ?
But that is a matter for the law makers, game protectors and the consciences of the
anglers, rather than for the fish breeder; therefore, let us ccinsider a little further the
question of temperature of water suitable for trout. Waters that already contain trout
that do well in them can be planted, as the fact that trout thrive in them \=, prima facie
evidence that the waters are suitable for the fish. In extending the range of trout, or
in planting streams that have been fished out, and in which the conditions may have
changed, it is safe to plant in waters that never exceed a summer temperature of
seventy degrees Fahrenheit. Rainbow and brown trout will thrive in waters of higher
temperature than are suitable for brook trout, and brook trout will live in well aerated
water above seventy degrees; at the same time water of seventy and five-tenths
degrees has killed both brook and brown trout, probabh' because it lacked vigor,
which comes from force and aeration. Trout grow little, if any, when in water below
forty degrees, and to be at their best they must have, during a portion of the year,
water that ranges from si.xty-two degrees to se\'enty degrees, as this temperature
hatches the insect life, v/hich constitutes a large part of the food of trout. While food
is all important, trout must have room, also, in which to grow. It is self evident that
if trout are planted in numbers to exhaust the food supply, they will not thrive ; but
aside from that trout must have space to be at their best, for it has been demonstrated
that a given number of trout in a certain number of cubic feet of water will do better
than the same number of trout in half the quantity of water, both lots of trout being
fed the same amount of food.

How far trout may be acclimated to water of higher temperature than that to which
they are ordinarily accustomed, has not yet been fully demonstrated. In South Africa
the brown trout has been hatched in water as high as seventy-nine degrees, and in this
country the rainbow has been found to thrive in swift, well aerated streams that reach
eighty-five degrees Fahrenheit. The experiments of Dr. Davy [Physiological
Researches) to determine the temperature fatal to trout are of interest, and aside from
the question of temperature, as they show how trout try to escape when the water
becomes too warm. He placed a common European trout {fario) or brown trout of
this State, of about a quarter of a pound weight, into a good volume of water at sixty-
two degrees, which was prett)' rapidly raised to seventy-five degrees by additions of
warm water, when it became very active and tried to leap out. In an hour the water
was increased to eighty degrees, and after a few minutes more to eighty-five degrees,
when it became convulsed, and, although transferred to cool w'ater, died. When the
water had sunk to seventy degrees a smaller trout and a minnow were put in, and

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FISHERIES, GAME AND FORESTS.

195

although thf next morning the temperature had sunk to sixty-seven degrees, the trout
was dead, but the minnow had not suffered. A parr of the sahnon, about fiiur inches
long, was similarly treated, the water in half an hour being raised from sixty degrees
to seventy degrees, and now it tried to escape. The water was raised to eighty
degrees and it became torpid and convulsed ; at eighty-four degrees it seemed to
have died. A char of about the same size iiad the water gradually raised to eighty
degrees, when it appears to have succumbed. The trout trieil to escape by leaping out
of the water, while the char kept to the bottom with its head downwards, as if seeking
for a cooler locality.

The common brook trout of this country {foH/iiia/is), is a char, and untloubtedly
acts as did the European char in the experiment, by seeking cooler water downwards
in a poiul when the surface water be-
comes warm, ami searching out spring
holes in streams, so the\- may be left
to their own devices to find the coldest
water [irovided in any stream or pond
in which the)- are planted; but unless
the stream or pond contains the cool
water for them to find, /. c, below
seventy degrees, and si.xt)'-five degrees
would be better, it is useless to attempt
to propagate brook trout in it. There
are other conditions which operate
against the maintenance of trout in a
stream. The fish must ha\e gra\el in
which to make their spawning beds.
Even with gravel but a small percent-
age of eggs deposited naturally are
hatched, but if deposited in the soft

bottom, they may be lost entirely. During the past season I examined a trout pond
at the request of a committee of gentlemen who had stocked it, and found there was
very little gravel where springs boil from the bottom, and trout had been in the habit
of spawning, and that little had been covered by vegetable growth. I suggested that
.spawning beds be provided by hauling gravel on the ice in winter, spreading it over
the places where the springs came from the bottom, and when the ice melted the gravel
would settle evenly over the vegetable growth and pro\-ide the onl\- thing which
appeared to be needed to make the pond suitable for the propagation of trout, for the
water was pure and cool, and there was an abundance of fish food. Streams that are

POSITION OF THE HAND IN STRIPPING A FEMALE TROUT.

196 REPORT OF THE COMMISSIONERS OF

subject to sudden and severe freshets may have not only the spawning beds ripped up
and destroyed, but the food of the fish may be washed out of the stream and will need
to be replaced artificially.

Suckers are very destructi\'e of trout spawn, but after an examination of several
small Adirondack lakes, that are natural trout waters, but from which the trout have
become practically exterminated, I am of the opinion that bullheads are to be charged
with the destruction, more than any other one thing, man always excepted. Bullheads
have not, perhaps, the general reputation for destroying trout spawn that the sucker
enjoys, nevertheless they are one of the most destructive agents to be found in the
water where trout exist.

In the lakes referred to I found that the bullhead fairly swarmed to the
exclusion of all other fish, except a few big trout. They had not only destroyed
the trout spawn, but had destroyed all the food of the trout, and were them-
selves dwarfed and starved until they were unfit for food. In other waters the bull-
heads would have been sought for food, and fishing would have kept them down, but
men, as a rule, do not go into the Adirondack Wilderness to catch bullheads, and con-
sequenth" all the fishing had been for trout, and the bullheads had multiplied
unmolested until they monopolized the water to the exclusion of everything else. In
one little lake the bullheads were like a solid carpet of fish suspended in the water
under the boat, and with a piece of meat tied to a string, about 2,000 were caught in
a few hours, as many as seven being lifted into the boat at one time. They were from
three to four inches long, and the largest taken was five and one-half inches long, too
small to pay for dressing, even had they been fat, which they were not.

C^n the spawning beds of lake trout in New Hampshire, bullheads were found so
gorged with trout spawn that they were lying helpless on their sides, and one of the
commissioners who witnessed the sight told me that he was firmly of the opinion that
the gorging would have proved fatal to some of the bullheads if the hatchery men had
not anticipated such a result.

In waters that do not contain brook trout the bullhead is a most desirable food fish,
and it grows to good size and is always in demand. The waters of the State furnish
about 200,000 pounds of bullheads annually, so far as returns have been obtained,
more than of any other fish except the shad.

The bullhead is a prolific fish and broods its young, and in trout waters where it is
not sought as food it has onlj- to breed and multiply, barring such casualties as all fish
are subject to in a state of nature.

In trout waters such as I have mentioned, where bullheads have driven the trout to
the wall, if fishermen would devote a little time to catching bullheads there would be
fewer to devour the spawn of trout and consume their food. There is another remedy

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FISHERIES, GAME AND FORESTS. 197

for this condition of things, but it is one that can be applied only by the Fisheries,
Game and Forest Commission or its agents.

Every little while it is discovered by some one that trout contain ova in the sum-
mer, and there is a demand that the closed season be shortened. The last complaint
of this sort that I have noticed was printed in a paper in the northern part of the State.
The writer of the complaint found ripe eggs in some trout he caught in August, and
he desired that the law should close the fishing on and after August i. This gentle-
man simply made the mistake that others have made, for the eggs were not ripe. If
he had examined trout in June or before he would have found spawn in the females,
but it would have been undeveloped ova, the same as he found in August, except that
the latter was further advanced. In this State brook trout spawn in October, with
some variations, depending upon the water, for the colder the water the earlier they
will spawn.

At the Adironilack hatching station of this Commission, in Franklin County, they
begin to spawn about October i ; at the Caledonia station, in Livingston County, they
begin to spawn about October 15, and eggs are taken as late as the following March,
and have been taken as late as April 19; at Cold Spring Harbor station, on Long
Island, they begin to spawn the last of October, but the height of the season is from
November 10 to 30, although a few fish come on in December and as late as January.

In running streams the temperature of the water would follow closely the temper-
ature of the air, and the spawning would be earl\- if the season were cold, except -in
streams that were largel}' spring fed, in which case the temperature of the water would
not fall so rapidly and the spawning would be prolonged.

Trout spawn when they are " yearlings," but a yearling is more than twelve months
old. All brook trout' eggs are hatched in the spring, and the period of incubation
varies with the temperature of the water. The eggs taken the first of October in
Northern New York ma}' be 150 days hatching, while the eggs taken on Long Island
the last of November will be only about sixty days in hatching. Sa>- that trout are
hatched on Long Island in March, during the following summer they will be fry, and
in the fall they will be fingerlings, seven or eight months old. The next season they
will be yearlings, and as they spawn in the fall of the second season the\- will actually
be twenty months old at spawning time, although from custom they are called year-
lings. Consequently a }earling brook trout at spawning time is from eighteen to
twenty months of age, dating from the time it left the egg. A yearling trout may
yield from 50 to 250 eggs, the eggs being one-sixth of an inch in diameter, quite dif-
ferent from the mustard seed eggs which the fisherman found in the fish he caught
during the summer months of the open season. A trout but four inches long has been
known to yield forty ripe eggs. Many yearling trout in wild waters are not six inches

1 98 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

long, and where the six-inch trout law is observed numbers of trout will spawn before
they can be legally killed. If there were no six-inch trout law it would be possible to
kill the trout before they spawned once, and the stock would have to depend almost
entirely upon artificial propagation, with but slight aid from natural processes. A
"yearling" trout in one of the State rearing ponds is quite a different fish from
a wild trout of the same age, for the State rears yearlings (seventeen months from the
egg) that are ten and one-half inches long. Two-year-old trout may yield as many
as 500 eggs, and older fish as many as 1,500.

To maintain fair fishing, even in a trout stream, such work as the State may be
able to do in the way of planting the water should be supplemented by all the fish that
may come from natural reproduction, and the trout should have every possible
opportunity to spawn unmolested.

A. N. CHENEY,

State Fish Culturisi.

STRIPPING TROUT.

0>^ster^ and tl)eir C^^ttivation.

On the Atlantic coast of the United States we have but one species of oyster,
Ostrea virginiana ; and, unHke the European oyster, which inchides both sexes in the
same individual, our oysters are male and female, the sexes being separated. In
Long Island Sound, oysters spawn during May, June and July, although they have
been known to spawn at an earlier date under certain conditions.

According to Dr. Brooks, an average oyster produces 16,000,000 eggs annually,
while a large individual may produce 60,000,000. Dr. H. F. Moore, who has made a
scientific study of the oyster and its habits, says: "Notwithstanding the great fecun-
dity of the indi\idual oyster, the reproductive power of the beds is not so vast as it is
generally supposed. If the oysters are scattered or the number spawning at a given
time is small, most of the genital matter will be wasted, as the contact of the male
and female cells is entirely dependent upon chance, and the fewer such cells there are
in a given body of water the smaller the probability of their meeting and fusing in
the manner constituting the act of fertilization. Neither the eggs nor the spermatozoa
live long after they are discharged from the parent, and if fertilization is to take
place at all, the two elements must be brought into contact promptly ; and it will be
seen, therefore, that nature must supply a vast number of germ cells to insure the
survival of but few. Not only the time of spawning but the quantity of spawn,
appears to be afTected by the weather conditions. Sudden changes produce very
marked results, and a transfer of the oyster from one place to another during the
spawning season is almost certain to interfere with reproduction or even absolutely
arrest it." Oysters lixe in waters of widely differing temperature, from freezing to
90'^ Fahr., and with saline qualities ranging from 1.002 to 1.025, that of Long Island
Sound being about 1.022. The food of the oyster is both animal and vegetable in
minute particles, and they tle\our their own eggs anil fry. This article is written chiefly,
however, to give those li\ing at a distance from the seashore something of an idea of
how this shellfish is cultivated, as it constitutes such an important part of our food
supply. There is a prevailing belief, I find, in the interior of the State, among the
comparative few who give the matter thought, that oysters abound in salt water and
the oysterman has only to find them and drag them from the bottom and bring them
to market; but oysters have to be cultivated as much as any other crop, and more
than some crops ; and the o}-ster business is an industry requiring capital, application
and skill, to make it a success, just the same as is required in any other great industry.
The natural oyster beds of this State are a thing of the past, as a rule. Occasionally

200 REPORT OF THE COMMISSIONERS OF

a natural bed is found, and when it is worked it is soon exhausted. Seed oysters
were formerly obtained from natural beds, but they are now largely purchased from
those who make a specialty of this branch of the industry, although some oyster
planters collect their own seed oysters.

It is only within recent years, comparative!}-, that the State realized the worth of
the oyster beds within its boundaries, and it then began to survey the beds and gram
franchises, until now the industry has grown beyond the domestic markets and oysters
from New York waters are largely exported.

To prepare an oyster bed, take for instance a piece of ground of fifty acres under
the water of Long Island Sound — water from five to ten fathoms deep. First a
steamer will be required that will cost from $7,000 to $i2,ooo. The ground is
marked out in sections with buoys, and the steamer with steam dredges is set to work
to clean up the ground. Everything movable is removed from it, until the ground is
perfectly clean and raked or harrowed very much, as a farmer would prepare a field
for wheat. This may require months of constant work, simply to prepare the ground.
Then there is spread on the ground a quantity of oyster shells or broken stones pre-
pared and sold for this purpose. With this stone or shell oysters are planted during
the months of July and August from which to obtain the spawn or spat, as it is gen-
erally called. The spat, if it appears at all, v.^ill be found from the [5th of September
to the 1st of October, when it is apparent to the naked eye. If no set is obtained,
which is too frequently the case, the ground is left until another year, when the
steamers go over it again and clean it as before. This may continue for several )-ears
before a set is obtained. When the set is obtained it is allowed to remain on the
ground for about one year; then it is thinned out, some of it being planted on other
grounds kept for the growing of oysters for market. A market oyster is from
three to five years old, depending upon the size demanded, from box to " cullens " or
" cullenteens." By far the greater part of the deep water set is taken up and sold to
planters, who remove them to shoal water grounds in the State, such as Great South
Bay, Princess Bay, Rockaway, Canarsie, Jamaica Bay and other places. The bays
named are not reproducti\-e. The planters buy all their set at the two or three years
old size, grow them one season on their own beds and send them to market the follow-
ing winter. There may be a rotation of crops on a deep water oyster bed divided
into four sections ; the first section prepared and planted the first year and so on each
section in its order annually until the planter returns to the first section to market the
oysters from that part of the bed.

The oysterman's life is one of constant exposure, but unremitting attention and
careful, painstaking work will insure success in the oyster business. Large oyster
companies have been formed in the State, with considerable capital, some of them

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FISHERIES, GAME AND FORESTS.

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successful and some of them have proven unremunerative. Since the State law was
changed to provide for leasing oyster beds, instead of granting franchises as formerly,
very little ground has been applied for in Long Island Sound, and the reason for this
is that a fifteen years lease is not long enough to warrant a man or a body of men in
spending the mone\- necessary in cleaning up and preparing the ground for oyster
culture. The policy of the State of Connecticut is altogether different. The citizens
of that State have a perpetual franchise of the oyster beds, and the industr}- is carried
on to a larger extent than in this State, and I believe that in the near future our
Legislature will see the wisdom of this
policy and appl)- it to our own oyster
beds, that New York ma\- be second to
none in the value of her oyster [product.

Of all fish cultivated, the shellfish or
oyster is the largest food producer that
wc have. Not many \-ears ago the
oyster was considered a lu.xury to be
indulged in by the few comparati\"el}-,
the average price being about three cents
each for a marketable oyster. The)' are
now three for a cent, I am pleased to
say, and if we can impress it ujjon the
minds of the people that they are no
longer a luxury, but one of the cheapest
articles of food, I think that even
more of them will be used. Let no
one be deceived into thinking that
all that is necessary to obtain a crop
of oysters is to secure the spat or
set of young oj-sters that I ha\e men-
tioned, for such is far from the truth.

The oyster from its first appearance has numerous enemies, and I have already
related that the o)-ster itself preys upon its own eggs and fry. For instance, the star-
fish — and their number is legion — have been known to devour an entire bed of oysters
in a single week. The oystermen have within the last few \-ears been able to cope
with the starfish to a certain extent by the introduction and use of mops on the beds.
The accompanying illustrations show the mop and starfish on the deck of an oyster
steamer. The starfish in the illustration came from one lift of the mop. These mops
are made of cotton twine, soft laid, and braided in ropes exactly like a mop for a

•TONGING OYSTERS.

202 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AXD FORESTS.

kitchen floor, and, being attached to a triangle, are drawn by oyster steamers over the
oyster beds, and the moment the mop touches a starfish the latter clings to it or is
gathered up by it and lifted by steam hoist to the decks and the "stars" are then taken
ashore and buried. The use of the mop enables the oyster planters to remo\'e the starfish
without injury to the young oysters. Not so with the periwinkles and drills illustrated
in colors, life size, in this report. The drill or borer is small, as will be seen by
referring to the colored plate, and it drills a hole through the oyster and kills it. The
drill bores into oysters up to two or three years of age, and then older oysters with
thicker shells fall to the periwinkle, which operates in the same manner as the drill.
The drill is the worst enemy the oysterman has to contend with to-day, and there is
no known way of destroying the drill except by dredging up everything on the ground
and removing the drills and returning the oysters to the bed. This dredging to
remove the drills is not only expensive but it destroys many young oysters, and while
dredging the ground fine nets have to be used inside the dredges to clean the beds
perfectly before oysters can again be planted. All that the oysterman can do is to
prepare the grountl in the best possible manner, plant the best possible material, and
if the set is obtained, wage a constant war against the enemies of the oysters ; but the
work never ceases, and too often it bears no fruit in the form of marketable oysters in
sufficient quantities to pay lor the work with added profit.

EDWARD THOMPSON,

Shellfish Commissioner.

TI)e Pil^e-Percl) (Sfizostedium v it renin).

The pike-perch is often incorrectly called pike, without the suffix perch, and it is
called by other names that are inappropriate and should be relegated to oblivion as
relative to this fish, but our people cling to the common local names of fishes, however
incorrect or inappropriate, with such pertinacity that it is a most difficult matter to
bring about reform in this particular. The fish is here accurately represented in form
and colors with its proper common name for the purpose of identification and fixing the
name upon it.

The pike-perch belongs to the family of perches of which the common yellow
perch is also a member, but of another genus. It is one of the most prolific of thf
fresh water fishes, and is highly esteemed both as a commercial and game fish. Of its
food qualities, I have heard it said that there are but two fresh-water fish which have
a distinctive flavor of their own which separate them from other fishes when cooked,
and that they are the white fish and pike-perch. The author of this remark may have
been an enthusiastic admirer of the two fishes named, and may have had a very fine
sense of taste, but it is true that the pike-perch is one of the best of table fishes, and
one that seems to be little known, comparatively, in the common literature of our
fishes, although it is highly regarded by sportsmen in the West, and should find greater
favor as a hook and line fish in this State than it has heretofore. To see great
numbers of pike-perch uninvitingly displayed in a market
stall does not recommend the fish to the angler ; but once
overcome prejudice, if prejudice it be, and the pike-perch
will take as high rank as a game fish as it now holds as a
food fish. The counterpart of the pike-perch is
found in Europe, where it is known as Zander,
or Sandre [Lnciopcrca sandm), and we see as
little of it in the European literature of fishes as
we do in our own.

The pike-perch is a spring-spawning fish,
spawning usually in April, and grows to
great size. It is claimed that there has been

captured one weighing fifty pounds ; but Dr -^^^^^^ ^

D. C. Estes, of Minnesota, caught one of '^^ "J*^ Mh'^

forty pounds and preserved its head. They ' '^J-'

spawn in streams and in lakes, their habits tweezers for LirrtNe out dead eggs.

^^Hr

204 REPORT OF THE COMMISSIONERS OF

differing in different waters, and when the brood is hatched the members of it
remain together the first season, if not destroyed, and for the first few weeks
making a sohd, compact mass. The eggs are heavy and adhesive, and unless
deposited in a strong current, will stick to whatever may compose the spawning bed,
until they become coated with sediment and separate. The fish will average about
150,000 eggs, but if the run is of good-sized fish they may furnish 200,000 each.
Mr. M. B. Hill took from one fish in Lake Ontario 609,176 eggs, and, after strip-
ping, the fish weighed thirteen and one-half pounds. The eggs hatch in from tweK'e
to eighteen days, depending on the temperature of the water, and as soon as hatched
the young pre)" upon one another.

At present the facilities for hatching pike-perch are very incomplete in this State,
but, as will be seen in the table of distribution, this Commission hatched and planted
during thfe year 41,550,000 pike-perch fry, and with improved facilities, which are
contemplated, the output will be three or four times greater, and the Commission
hopes in this way to add materially to the food supply in the waters of the State.
The first planting of artificially hatched pike-perch was made in this State in 1893.
In spite of the glutinous condition of the eggs and the consequent difficulty in hatch-
ing them, the State had increased the percentage of eggs hatched about thirty per
cent. That the plantings of pike-perch have done well is attested by the following
letter, written by Mr. S. Makepeace, of Plessis, Jefferson County, N. Y., to Mr. James
Annin, Jr., Superintendent of Hatcheries, under date of September 30, 1896: "Think-
ing it might be interesting to you to hear about the pike-perch that were planted in
Clear Lake in the spring of 1895, I thought I would write you. In the month of June
they were six to seven inches long, in August about ten inches, and now they are
fourteen inches long. They are good biters, and all that have been caught (except
two) have been put back in the lake. They were caught in the evening, while fishing
for bullheads. They are fine to look at. I think I will apply for another lot next
spring, as I don't think we will be able next year to have the fishermen put them back,
and as I understand this matter they will not spawn till they are about three years old.
No pike-perch were in this lake before this plant was made."

Mr. John Wilkins, of Middletown, N. Y., also writes me as follows:
"The pike-perch came a few weeks ago, about 65,000, and were planted in the
Wallkill River, or rather in the small brooks tributary thereto, and will work down into
the main river as they grow older. I am trying a like experiment with 150,000 of
them." (The experiment is one that was tried successfully with brown trout fry; viz.,
rearing and feeding them in separate waters until they were eight months old before
planting them in the water which it was expected would be their home.) " I have
planted them in batches of 50,000 each in the ponds of Horace Thompson, supervisor

''^H-

J

OJ

Q
UJ

> -^

UJ _

en E

O -D

Q^ c
a

UJ

FISHERIES, GAME AND FORESTS.

205

of the town of Wallkill, two and one-half acres, and full of shiners and chubs ; also
the pond of William McGinnis, about the same size ; and the pond of Thomas Watts,
a brother lawyer, of about five acres, having made the arrangement with each one that
in October I am to take the fish out and plant them in the Wallkill River.

" A friend, Charles Bennett, caught, last Thursday, a pike-perch twelve and one-half
inches long, from last year's planting. He had previously told me that the fish were
big enough to catch, and he caught his on a worm while fishing for bullheads for
breakfast, the pike-perch probably taking the big worm for a lamprey-eel.

" A friend from Port Jervis has told me that in the Delaware River he caught
twenty-one pike-perch which weighed seventy-two pounds, and he says they were only
planted three years before. I believe it, judging from the way the same kind of fish
have grown here in one year."

The pike-perch is a bottom feeder, and the only fish caught with hook and line
that seems to have no fixed abiding place in some lakes. The angler can, from expe-
rience, tell in advance, with reason-
able certainty, where in a lake to
look for black bass, perch or pike,
but the pike-perch may be in deep
or shallow water, off shore or in
shore. I have trolled in deep water
where they were supposed to be
one day unsuccessfully, and the
next day caught them alternately
with black bass on a shallow sand-
bar. They are more consistent in tools of the hatchery.

rivers or streams, and can be located with greater certainty, for tlie)- inhabit such
waters as an angler would seek trout in if it were a trout stream, and in such
waters the pike-perch will take a fly. They are a voracious fish, as their big teeth
will indicate, and their food is small fish of all kinds, including their own species,
Crustacea and larvae of insects. At spawning time the only fish they seem to fear is
the real pike, Lucius lucius, which we are given to calling pickerel, for this fish will
drive them from their bed when the black bass will not, although at other times the
pike-perch will not stand before the black bass.

The pike-perch hatched by this Commission are from fish that run up a stream to
spawn, and it is my belief that in trying to establish the fish in new waters, natural
conditions should be followed as closely as possible. Two attempts have been made to
stock the upper Hudson River with pike-perch by private enterprise. The fish were
obtained from Lake Champlain, put in the well of a boat constructed for that purpose.

2o6 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

and towed through tlie Champlain Canal and feeder to the Big Bay, where they were
liberated. The fish were nearly ready to spawn, and the next day one of them was
taken five miles below the place of planting. They were lake- spawning fish and were
evidently seeking the lake, for all disappeared and none have been
found in the upper river since the plant was made. Pike-perch
are no more suitable for small waters than black bass, but planted
in large lakes and rivers, where they will not work injury to less
predaceous fish, they will prove a most excellent food and game
fish, for they are caught by trolling and in still fishing. In Lake
Champlain a favorite method of fishing for pike-perch, and by
which large numbers are taken, is by weight-
ing the reel line with a sinker that will go to
the bottom, and a little above it is attached a
snelled hook, baited with live bait or earth
worms. This is slowly trolled in water forty
to fifty feet deep, where the bottom is com-
posed of sand or gravel. In lakes pike-perch
are usually found in water deeper than that in
which it is customary to fish for black bass,
but they are taken with trolling spoon and
minnow bait in waters of varying depth, for,
as I ha\e indicated, no hard and fast rule can
be laid down as to where and when the pike-
perch will bite best.

In arranging the illustrations in this report
it has not been possible in all cases to place
them where they would fit the text. For in-
stance, the " tools of the hatchery " and the
" egg tweezers " are implements used chiefly
in hatching trout eggs, pike-perch eggs being
hatched in automatic hatching jars. In the
value of its product as a commercial fish from
the interior waters of the State the pike-
perch shouUl stand near the head of the list.

A. N. CHENEY,

A GOOD FISH, •5^"/'- f's'' Cnlturist.

'«&^

Rotes apon Nev ^lorl^ Pi5t)e5

Received at tl)e New ^.ovh, Aq[,ttariam, 1^95 to 16 97.

I

Bv TARLETON H. BEAN.
[Reprinted by permission from Bulletin American Museum Natural History, 1897, pp. 327-375.]

SINCE May i, 1895, the Aquarium has received 165 species of the fishes of
New York, of which 124 species are marine or anadromous, and the rest
fresh-water forms. The marine fishes have been collected chiefly in Graves-
end Bay, Long Island, in the traps and other fishing apparatus belonging to John B.
De Nyse, a veteran fisherman, whose knowledge of the migrations of coast fishes and
of the history of the fishery in that bay is extensive and accurate. Many rare species
that would escape the notice of the average observer are recognized and sent to
the Aquarium, usually alive, by Mr. De Nyse and his sons.

The writer has made occasional excursions to Shinnecock and Peconic Bays, Sandy
Hook and the ocean beach at Southampton, Long Island, the Bronx River, and to
several lakes in Central Park and Prospect Park, Brooklyn. The New York Commis-
sion of Fisheries, Game and P'orests has contributed man}- species, both living and
dead, for exhibition or identification, and additional materials have come from the
South Side Sportsinen's Club of Long Island, and from James Annin, Jr., of Cale-
donia, N. Y.

It is well known that systematic seining along the shores in the vicinity of New
York Cit)' would add many species to this list, but the present exhibit will serve to
indicate the wealth of the marine fish fauna at least, and, at the same time, introduce
a number of species of rare occurrence or new to the region. The short-nosed stur-
geon {Acipenscr brcvirostris) has been living in one of the pools since May, 1896, and
has taken hard clams {J'ciiits inerccnaria) regularly for food.

A species of Harengitla was caught at Gravesend Bay in. 1895. No species of the
genus has been known to occur north of the Gulf of Mexico before. Hoy's whitefish
{Argyrosoinus Jtoyi) has been taken only in Lake Michigan until Mr. Annin found it in
Canandaigua Lake, New York, where it is abundant. The fresh-water silverside
iyMcnidia beryHiua), previously known and rather rare in the Potomac River, is common
in a little stream at Water Mill, Long Island. The thread-fin {Polydactylns octoneniis),
which has not been observed in our waters for thirty years, was secured in Gravesend
Bay, September 24, 1896. Three examples were obtained. The surmullet (J/;///«5
auratus), an occasional visitor from southern waters, ranging north to Cape Cod, was

2o8 REPORT OF THE COMMISSIONERS OF

reported abundant at Sandy Hook in September and October, 1897, by fishermen.
Tliree individuals were seined for the Aquarium October 8, and, at the time of writing,
one of them is ahve.

A large amber-fish [Scriola sp.) was captured in August, 1896, at Gravesend Bay,
Long Island, and brought in for identification; its measurements are given in the
proper place. The runner {Elagatis bipinnnlatus), belonging to the West Indian fauna,
was once before recorded from Long Island ; a single example was taken in Gravesend
Bay in August, 1895. The banded larimus {Larhiiits fasciatus), which is not a com-
mon species, has been reported from Chesapeake Bay to the Gulf of Mexico. Two
individuals were brought alive from Gravesend Bay in August, 1895, ^'^^1 lived in the
Aquarium until December, when they succumbed to the cold water at a temperature
of 43° Fahr. They fed freely upon shrimp. The parche {C/icetodon ocellatiis), a West
Indian species, occasionally found in summer in Rhode Island and New Jersey waters,
was obtained in Gra\esend Bay.

A young sturgeon-fish {Teutliis licpatus) was captured in Gravesend Bay, October
20, 1897 ; this occurs in the West Indies and Gulf of Mexico; it was pre\'iousl_v' known
as far north as Charleston. Young trunk-fish {Lactopkiys trigonus), belonging to the
West Indian fauna, are carried occasionally by the Gulf Stream northward as far as
Massachusetts. An example was found in Gravesend Bay, August 28, 1897 ; 't could
not be kept alive long in a balanced jar, but it fed regularly for about ten days on
minced clam. The spotted codling {PZ/rns rcgius) is not an uncommon fish in Graves-
end Bay in October ; several indi\iduals were obtained this year. The species often
lies upon its side very much like the tautog and many flounders.

Ptcroplirync histrio was found floating in New York Bay in August, 1897 ; it occurs
occasionally in summer as far north as Cape Cod, but belongs to the tropical parts of
the Atlantic.

In this paper the species are arranged in the order in which they are given in
"A Check-list of the Fishes and Fish-like Vertebrates of North and Middle America,"
by David Starr Jordan and Barton Warren Evermann. The names, almost without
exception, are written as they stand in that work. The notes were made from time to
time during the entire period mentioned in the title whenever suitable dead fishes
became available for observation ; and additional data were secured by a study of
living individuals. I am under obligations to Mr. L. B. Spencer and Mr. W. I. De
Nyse for many important notes upon the feeding habits.

I. Petromyzon marinus (/.''/«a'«5). Sea Lamprey; Lamprey Eel. — The lam-
prey has been obtained in Gravesend Bay in March, April and June in small numbers.
It has never been kept alive long in the Aquarium because of the impracticability of
furnishing it with proper food.

FISHERIES, GAME AND FORESTS.

209

2. Mustelus canis {Mitchill). Smooth Dogfish. — The species have been
brought ahve from Gravesend Bay in August, September and October. In the Aqua-
rium it is restless and delicate, often coming to the surface and struggling as if trying
to escape from the pool.

3. Sphyrna zygaena {Liiina:ns). Hammer-headed Shark. — Not common in
Gravesend Bay; occasionally taken in August and September, but never brought alive
to the Aquarium because of its great liabihty to injuries of the eyes.

4. Carcharias littoralis {Mitchill). Sand Shark. — A young male received
from Gravesend Bay, Long Island, on June 26, 1895, "^'^d in the Aquarium Decem-
ber 19, 1895, when the temperature of the water in the pool containing it was 53"-
Fahr. The following notes were made upon the specimen in the fresh condition :

Color, bronze gray with light brown blotches, the argest about as long as the eye. Belly
and other lower parts white. Eye yellowish. Tips of pectorals, ventrals, dorsals, anal and
caudal above and below with a narrow black streak. Numerous minute dark specks on the
under surface of snout and suborbital region, extending back to angle of mouth.

Two rows of teeth in function above and three below. Length of longest tooth in lower
jaw, ^ inch ; in upper jaw, J^ inch.

Measurements.

Length, .....

3 ft. 6 in.

Depth of body, ....

6>^ "

Least depth of caudal peduncle,

l5/i "

Tip of snout to perpendicular through last

gill-c

pening.

10 "

From first to last gill- opening,

2>^ "

Depth of gill-openings.

2

Snout, ......

2J^ "

Eye to spiracle, ....

IJ4 "

Eye

14 in

• long

, ^ in deep

Snout to nostril

1 3^ in.

Width of nostril

H "

Distance between nostrils.

i^ "

Nostril to front of mouth.

y^ "

Length of mouth opening,

2f/8 "

Width of mouth, including labial folds,

4 "

Length of labial fold.

I

Labial fold to first gill-opening.

3^ "

Snout to first dorsal,

16 "

First dorsal base, ....

zy "

Middle of dorsal base to top of fin, .

3 "

14

210

REPORT OF THE COMMISSIONERS OF

Measurements. — Continued.
Length of posterior, margin of dorsal,
From first to second dorsal.
Length of second dorsal base, .
Middle of second dorsal base to top of fin
Posterior margin of second dorsal.
Second dorsal to caudal jiit,
Caudal from pit.
Lower caudal lobe.
Terminal caudal lobe,
Snout to pectoral, obliquely,
Length of pectoral.
Lower margin of pectoral,
Extended pectoral not quite reaching to perpendicular through front

of dorsal.
Ventral origin slightly behind end of first dorsal base.
Length of ventral, ..........

Inner margin of ventral, .........

Vent to tip of clasper, . ........

End of ventral base to origin of anal, ......

Anal base, ...........

Hind margin of anal, .........

Depth of anal, ..........

Anal base to origin of lower caudal lobe, . . . . .

I^

in

5

^^^

2%

lyi

3

12

93/8

3

^o%

5

^Va

3yz in.

i^ '■

1% "

3^ "■

3 "
I

2 "

13/ "

5. Squalus acanthias {Linnams). HoRXiiD Docfish. — The spined dogfish has
been brought from Gravesend Bay in October only ; it is common on the fishing banks
oft the New Jersey coast. The species is not hardy in captivity.

6. Squatina squatina {Liiuuciis). Shark Ray ; Monkfish. — The shark ray has
not been received alive, and is to be found only in the bays adjacent to the Atlantic.
It appears occasionally in Gravesend Bay in summer.

7. Raia erinacea {Mitchill). Common Skate. — The prickly skate was received
from Gravesend Bay in November, 1897, ^■'"^ '^he eggs came from there in March,
1896. The species has deposited eggs in the Aquarium in winter. It will not live
in the tanks in summer, but endures the spring, fall and part of the winter.

8. Raia laevis {Afitc/n'l/). Barndoor Skate. — This skate has come to the Aqua-
rium from Gravesend Bay in October, 1896 and 1897. It is short lived in captivity
because of the want of sand and mud, and tiie difficulty of providing suitable food.
Individuals have been kept alive three or four months.

FISHERIES, GAME AND FORESTS. 211

9. Dasyatis centrura {Mitchill). Stixg Ray. — The sting ray is rare now in
Gravesend Bay, where hundreds were formerh- taken every year. It will live in the
Aquarium several months in the spring and summer.

10. Pteroplatea maclura (/•'• Siiciir). Butterfly Ray. — A very rare species
in Gravesend Bay, and does not endure a captive life.

11. Rhinoptera bonasus {Mitchill). Co\v-.\osE Ray. — Rarely seen now in
Gravesend Bay.

12. Acipenser sturio {Liinuens). STURGEON. — A female eight feet long was
brought from the mouth of the Delaware River and placed ali\'e in a pool on May 20,
1897. At this time (December 7) it is still apparently in good condition. Rock
crabs, soft clams and opened hard clams have been used for its food, but it seems to
have eaten little or nothing until December i, when it began to feed freely upon open
hard clams. The species appears every spring in Gravesend Bay, and sometimes in
the fall. It is hardy in the Ai|uarium.

13. Acipenser brevirostris {Lc Sncur). Short-.vosed Sturc;eon. — The species
was obtained in Gravesend Bay, May 14, 1894, and a single example was brought
alive to the Aquarium on Ma_\- 13, 1896. It has taken food regularl}-, and is now
living (December 7, 1897). It came in company with fi\e young individuals of A.
stitrio. The species has prox-ed to be well adapted to aquarium life. It is rarely seen
in Gravesend Bay.

14. Ameiurus nebulosus {Le Sitciir). Bullhead. — The young were seined in
the Bronx in August, 1897. Larger examples were forwarded by the New York
Commission of Fisheries, Game and F"orests from Canandaigua Lake in November,
1896, and November, 1897: also from Saranac Lake in November, 1897. The fish
feed freely upon hard clams and earth-worms ; liver is given to them occasionally.
Several albinos were obtained from Hackensack Meadows, N. J., in August, 1897.
They are now (December 7) si.x inches long, and have grown to that length from
three inches in three months.

15. Catostomus commersonii {Laccpedc). Sucker. — This sucker was obtained
from Canandaigua Lake in November, 1896, and November, 1897; from the Bronx
young individuals were received in August, 1897 ; from Saranac Lake the New York
Commission forwarded the small mountain form, distinguished by its size and red
color, in November, 1897. The Canandaigua Lake suckers thri\ed in the Aquarium
until July, 1897, when they were all killed by warm water. The food is chiefly
hard clams, with earth-worms occasionally.

2 12 REPORT OF THE COMMISSIONERS OF

i6. Erimyzon sucetta {Laccpcdi). Chub Sucker. — The chub sucker was seined
in the Bronx in August, 1897, s""^ Professor \j\r\c Dahlgren sent one example from
near Princeton, N. J., in September, 1897. The latter, when it arrived, had the broad,
longitudinal, median band well developed and the vertical bands obsolete ; but soon
after it was placed in the Aquarium it obscured the longitudinal band entirely and
developed the vertical bands.

17. Cyprinus carpio {Liniuciis). Cart. — In November, 1896, a number of carp,
none of them above two pounds in weight, were presented by the United States Fish
Commission. During the last summer two female leather carp died as a result of
retention of the eggs. In C)ctober, 1S97, several large examples were seined in the
lake at Prospect Park, Brooklyn. The food of this species is hard clam, earth-worms,
wheat, corn, lettuce and cabbage. Their growth is remarkable. A leather carp has
fully doubled its weight in one year.

18. Carassius auratus {Limuens). Goldfish. — Goldfish have been obtained
from lakes in Central and Prospect Parks, and from fountains in Gramercy Park and
Bryant Park. A specimen was kept in a fountain at the old reservoir (F"orty-second
Street and Fifth Avenue, New York) by Patrick Walsh nine years, and was tiien
presented to the Aquarium. The triple-tail variety -was a gift from Mr. E. G. Black-
ford. From the Cold Spring Harbor Hatchery of the New York Fish Commission a
number of remarkably large goldfish were obtained. One was a typical fan-tail ;
another resembling this in color had the form of the regular goldfish ; still another
was so deep-bodied that he could scarcely swim in equilibrium ; all of these were
from the same lot of eggs. This fish has never been troubled by fungus or parasites.

19. Semotilus atromaculatus {Mitchill). Chub; Fali.fish ; Dace. — A number
of large chub were sent by Mr. Annin from the Fish Commission station at Canandaigua
Lake in November, 1896, and again, in the same month, in 1897. Some of the first
lot were fourteen inches long in July, 1897. All of the first shipment died in July,
1897, from the effects of warm water. They fed freely on hard clam and earth-worms
and, occasionally, live killifish.

20. Abramis crysoleucas (Mitc/u'/I). Roach; Golden Shixer. — Abundant in
the lakes of Central Park and in the Bronx ; not found in the large lake of Prospect
Park, Brooklyn, in seven hauls with a large seine. They feed freely upon chopped
hard clam, and do not like earth-worms. The species spawned in their tank in May,
1897, and their young are now one and one-half inches long.

21. Abramis crysoleucas, variety. Irish Roach. — About the end of June, 1896,
two females and one male were found to be ready to spawn. The females cast their
eggs, but they were immediately eaten by the fish. The fish is always extremely shy.

FISHERIES, GAME AND FORESTS. 2I3

It takes hard clams readih', and does not care for earth-worms. This \ariety is dis-
tinguished by its short and deep body, uniform size of scales and permanent vermiHon
color of the pectorals, ventrals and anal. The example studied has D. i, 7; A. i, 12 ;
V. i, 8; scales 10-48-4; teeth 5-5, hooked, crenate, and with grindini,*^ surface It is
found in Central Park.

22. Anguilla chrysypa (RaJiHtsque). Eel. — The eel is particularly liable to
attacks of lungus, which do not always yield to the treatment with salt or brackish
water. By placing the eel in a poorly-lighted tank the parasite can be more safely
and surely overcome.

23. Leptocephalus conger {Liiiiicens). C(1X(;kr Kei.. — This species has never
thrived in the Aquarium, but the individuals received were generally caught with
hooks and badly injured. The fish suffers greatly from fungus attacks which cannot
be relieved by changing to fresh water. It is sometimes caught in summer in Graves-
end Bay.

24. Elops saurus {Liinuetis). Big-EVED Herri.xc;. — An adult example was
caught in Gravcscnd Hay, October 5, 1896. It is known to the fishermen as the
"scfriiig" and " sisco."

25. Etrumeus sadina {Mitchill). Round Herki.ng. — Young individuals were
taken in Gravesend Ha_\-. July 30, 1896, varying in total length from 4'/ to 4.^4 inches.
They were associated with young mackerel of slightly larger size in bunches and
schools. John B. De Nyse saw some schools that he estimated to contain 25.000 fish.

26. Clupea harengus {LinncEits). Sea Herring. — On April 30, 1896, Mr. John
B. De Nyse brought to the Aquarium from Gravesend Bay some small clupeids known
as " shad bait," which are believed to be sea herring. The following notes were made
from fresh specimens :

Many young transparent fish of the genus Clupea. a little under two inches long, are seen in
the shad flykes and pounds, and are known as •• shad bait," because they are said to be taken
frequently from shad stomachs.

D. 18; .\. 17. Muscular impressions along side of body about sixty. The ventral very
slightly in advance of the origin of dorsal. Intestinal tract full of minute orange-colored sub-
stance resembling Kntomostraca. A row of black dots on sides, low down, from pectoral to
anal. Iris silvery ; top of eye very dark.

Large sea herring, according to Mr. W. I. De Xyse, occur rarely in Gravesend
Bay. Only about one hundred or two hundred are obtained during fall and winter.
On November 23, 1897, an individual 13 'i inches long and 2 3^' inches deep, and a
number of young from 43^' to 6 inches long, were secured.

2 14 REPORT OF THE COMMISSIONERS OF

27. Pomolobus mediocris {MitclnH). Hickory Shad. — The hickory shad is
caught in Gravesend Bay during September, October and November, but not in such
numbers as were found some years ago.

The hickory shad arriving in Fulton Market, October 30, 1896, each contained in
the stomach from fifteen to twenty sand launce, from 3 3^ to 5 inches long. The shad
are large, weighing from one-half pound to 2 ^2 pounds. They were shipped from
nearby waters.

28. Pomolobus pseudoharengus {Wilson). Branch Herrixc. — This alewife
is the first to make its appearance in Gravesend Bay. It comes with the shad. No
attempt has yet been made to keep it in captivity here, but there is no reason to doubt
that it would do as well as the shad, menhaden and herring now (December 7, 1S97)
living in the central pool. On November 30, 1897, examples above seven inches
long were brought from Gravesend Bay.

29. Pomolobus aestivalis {Mitcliill). Gi.ct Herrixc;. — On November 23, 1897,
Mr. De Nyse sent from Gravesend Bay a glut herring 6^4 inches long and i ^^g inches
deep, evidently the young of the year. It is known in the bay as shad herring. On
November 30 two individuals, evidently fish of the year, measuring about seven
inches, were brought in from the same bay.

30. Alosa sapidissima {Wilson). Sh.ad. — Mr. W. I. De Nyse says it is a com-
mon thing in the fall of the year to take large quantities of young shad in nets set off
shore in Gravesend Bay — sometimes a ton and a half in a haul ; that is during the
migration seaward. They are usually about 6 to 8 inches long. In John B. De
Nyse's pound sixty or se\-enty were caught October 17, 1895. A male 11 inches
long and 244 inches deep, and a female 12 inches long and 3 inches deep, were
brought to the Aquarium. None were taken after October 31, in 1895 ; but on that
date a male 13 inches long and 3 i/C inches deep, and a female i^Y^ inches long and
3!/^ inches deep, were secured. The male had two lernsan parasites on its back just
below the dorsal fin. Mr. \V. I. De Nyse states that this parasite is always found
along the backbone.

On October 8, 1896, a shad about 4^2 inches long and one about 9 inches were
taken in Gravesend Bay. Apparently the shad do not all remain at sea after their
first migration until they are sexually mature.

Mr. John B. De Nyse informs me that in the first spring run of small shad, fully
ninety per cent, are males.

31. Harengula species. — An individual about 9 inches long was brought in dead
from Gravesend Bay in 1895. This was the only one observed in that locality, and it

FISHERIES, GAME AND FORESTS. 215

is the onlv record known of the occurrence of this genus nortii of F'lorida. The speci-
men is not now available for study.

32. Opisthonema oglinum {Lc Sueur). Tureau Herring. — Known as "sprat
herring " in Gravesend Bay. Appears there in July and August, and is sometimes
so abundant as to fill the nets. The great run lasts two weeks, beginning towards thf
end of July.

Z3. Brevoortia tyrannus {Latrohc). Menhaden. — The species comes into
Gravesend Bay in May and through the summer ; occasional individuals are seen in
the fall as late as November. At the end of November, 1897, some e.xamples are
alive and feeding well in the great pool of the Aquarium.

34. Stolephorus mitchilli {Cuv. & I'al.). Anchovy ; White Bait,— This
anchovy appears in Gravesend Bay in May and remains until October. It is frequently
shippetl to the market as " white bait." The fish is too frail for a captive life.

35. Stolephorus argyrophanus {Cuv. & la/.). Anchovy. — This species is
uncommon in Gravesend Bay, but occurs more frequently in bays communicating
directly with the Atlantic.

36. Coregonus quadrilateralis (Richardson). F"ROST-FlSH ; Round VVhiteitsh.
— This small whitefish is one of the characteristic species of the Adirondack Lakes.
Mr. James Annin, Jr., sent specimens for identification from Hoel Pond and Big Clear
Lake, in Franklin County, N. Y,, and from the third lake of the Fulton Chain. He
states that the fish spawn in the little inlets or upon the sand beaches. It never
appears until about the time the water begins to chill and freeze about the edges.
On the P^ulton Chain of lakes the spawning season of 1895 ^^'^s practically closed
about November 20.

The frost-fish, according to Mr. Annin, is "a delicious morsel."
The following notes were made upon fresh examples received from the third lake
of the Fulton Chain, November 26, 1895 :

A male 1 1 i/^ inches long to end of caudal fin had the middle caudal rays, from end of scales,
^8 inch long; upper caudal lobe, measured horizontally, ij^ inches; head. ii| inches;
maxilla, -Vs inch; eye, -'s inch; gill-rakers, 5 plus 10. the longest ]/^ as long as the eye; scales,
8-84-8. .\ female ii/s inches to tip of caudal has upper caudal lobe 2 inches, measured
horizontally; middle caudal rays from end of .'.cales, J^ inch; depth of body, 23^ inches;
head, i^ inches; maxilla and eye, each 3^ inch; gill-rakers, 5 plus 10, the longest yl as long
as the eye; scales, 8-79-8.

Three males received December 11, 1895, showed the following colors:

2l6

REPORT OF THE COMMISSIONERS OF

In the male, 133/^ inches long, from Hoel Pond; the back and sides were dark steel gray;
the belly, white; pectoral, ventral and anal, orange; dorsal and caudal, chiefly yellow. A male
:2 inches long, from Big Clear Lake, had the back and sides silvery gray, darker between the
lines of scales ; the lower fins, orange ; the dorsal and caudal, with traces of yellow. A male
1 1 9s inches long, from Big Clear Lake, showed the same colors as the last. The following
measurements in inches and notes were taken :

Length, ....
Caudal lobe, horizontally.
Middle caudal rays,
Depth of body, .
Least depth of caudal peduncle.
Head, ....

Snout, ....

Eye, .....
Ma.\illa, ....

Hoel Pond.

Big Clear

Big Clear

Lake.

Lake

<^

<i

d'

133/8

12

IIJ^

^tV

1^8

I^

H

5/8

T^.

^%

2?4

2tV

n

V^

ii

2

^Va

1/8

%

tV

tV

n

A

Ys

3/8

In all, the gill rakers are minute, and number 5 plus 10, 5 plus 10 and 5 plus 9. The scales
are 10-86-9, 10-76-9 and 9-86-8.

An example sent by the New York Commission of Fisheries, Game and F"orest,
from Saranac Lake, November 23, 1897, showed the following characters:

Me.-^surements.

Length, including caudal.
Length to end of scales,
Length of middle caudal rays i^from end
Length of upper caudal lobe (obliquely)
Depth of body at dorsal.
Least depth of caudal peduncle, .
Length of head, ....
Diameter of eye, ....
Length of ma,xilla (does not reach orbit)
Length of mandible, ...
Distance from snout to dorsal origin.
Length of dorsal base, ...
Length of longest dorsal ray,

of scales).

13 in.

2/8 "

J .1 u

in

T7
TF
3/ "

ItV "

1 5/8 "

<o

\ •

/

(J

3

o

cr <J2

t: %

^ .-

O <o

cr ^
^ 5

< o

z: '-^

O

q.

<

FISHERIES, GAME AND FORESTS.

217

Measurements. — Continued.

Length of last dorsal ray,

Distance from snout to \entral origin,

Length of ventral,

Length of ventral appendage,

Distance from snout to anal origin,

Length of anal base.

Length of longest anal ray, .

Length of last anal ray,

Length of pectoral,

Distance from snout to adipose fin,

Length of base of adipose fin,

Widtii of adipose fin,

Length of adipose fin, .

Length of longest gill-raker, .

Scale:

if in.

'Tir

83^

2

tV

10-84-8. Gill-rakers, 6 plus 10, the longest

D. 11: A. 11; V. i, 10 ; P. i, 14.
^ inch.

Purplish gray; lower parts whitish. Pectorals, ventrals and anal vermilion. Eye pale
golden. Head, especially behind the eyes, iridescent gold and puqile tints. Caudal was
chiefly vermilion in life.

The fish is a male with ripe milt. There are numerous small tubercles on the scales of the
sides above and below the lateral line.

37. Coregonus clupeiformis (Mitchill). Whitefish. — A single young individ-
ual, caught in a gill-net at Wilson, Niagara County, N. Y., in Lake Ontario, was
forwarded by Mr. James .\nnin, Jr., for identification.

38. Coregonus labradoricus {Richardson). Labrador Whitefish. — This spe-
cies is frequently confused with the common whitefish of the Great Lakes {C. clitpci-
formis), especially itt waters into which fry of the latter fish have been introduced. It
is also mistaken sometimes for the black-fin whitefish {Argyrosorniis iiigripinnis) ; but
a glance at the jaws should correct that error speedily. From the common whitefish
it may readily be distinguished by the lingual teeth (unfortunately not always present)
and its compressed back, as well as its small size.

A male and a female were received through Mr. James Annin, Jr., from Upper
Saranac Lake on November 16, 1895. Both fish were nearly spent. They were sup-
posed to be the common whitefish. A male from Chazy Lake arrived through the
same source on November 22, 1895. It was doubtfully called •' black-fin whitefish."
At that time the fish had left the spawning beds and were in deep water. On June i 7,
1896, a female 1954 inches long was shipped by Mr. Annin from Canandaigua Lake.

2l8 REPORT OF THE COMMISSIONERS OF

Its stomach is pear-shaped, with walls more than '^ inch thick; it contained numerous
small shells of several genera, not yet identified.

The species is reported b\- fishermen to be very abundant in that lake, and to be
destructi\-e of eggs of other fish. They say it comes in great numbers into shallow water
near the shore in early summer when the water is roily, and can be caught on set
lines. Mr. Annin saw men baiting their set lines with small minnows on Canandaigua
Lake, and when they were taken up in the morning the Labrador whitefish was found
on the hooks. It is claimed that one of them so taken weighed 6 pounds. Superin-
tendent O. H. Daniels, of the New Hampshire Fish Commission, forwarded a specimen
from Lake W'innesquam, at Laconia, 19/^ inches long, weighing 46 ounces, and he
wrote that individuals weighing jyi pounds had recently been taken. The species
was called "blue-fin" and "whitefish."

The fish-eating habit of the Labrador whitefish was fully \-erified in the Aquarium
upon examples obtained in Canandaigua Lake in November, 1896, b}- Mr. Annin.
Knowing that the species usually subsists upon small mollusks and crustaceans, efforts
were made to provide the fish with Pliysa and Gaimnarus ; but this became difficult
in winter, and an experiment was made with small killifish (Fiiiidn/iis Iictcroclitiis and
majalis), which proved satisfactory during the cold months. In summer, howe\-er, it
was found necessary to return to the use of Gaminanis. The whitefish at first took
the killifish without any eagerness, but they soon learned to chase their prey and take
it much as trout do.

A female received from Canandaigua Lake on June 17, 1896, in a fresh state,
showed the following colors : Membrane of pectoral fins dusky ; that of the pectorals
tinged with lemon yellow ; ventrals dusky at the tip ; anal pale ; caudal pale except a
narrow dusky portion of the middle rays; eyes pearly, with golden iridescence. The
maxilla reaches about to front of eye. The adipose dorsal extends straight backward,
and its base is covered with a sheath of small scales ^ of an inch wide. The gill-
rakers are 9 plus 17, the longest -^8 of an inch. Very small teeth are present on the
tongue. The eggs are minute.

In a male example, 17^ inches long, received November 16, 1895, from Upper
Saranac Lake, and nearly spent, no tubercles could be seen upon the scales ; but
several of the males from Canandiagua Lake had them well developed. There is a
great difference in the development of the lingual teeth, some of our individuals
showing only a trace of them, and it seems as if there may be some relation between
their condition and the sexual maturity of the fish. For example, in a male 14 inches
long, sent from the fourth lake of the Fulton Chain, November 9, 1897, the lingual
teeth were present in a large patch ; in three males, only a little smaller but sexually
immature, from Saranac Lake, November 11, 1897, the teeth on the tongue could be

FISHERIES, GAME AND FORESTS.

219

perceived by the touch only. The following measurements, in inches, and additional
notes, were made from the fresh fish :

Canandaigua
Lake. June

17, 1896

Upper Sara-

nac Lake,

Nov. 16. 1895

Chazy Lake,
Nov, 22,

■895

Length, including caudal,

Length of middle caudal rays (from end of scales)

Length of upper caudal lobe (horizontally).

Length of longest caudal ray,

Depth of body at dorsal,

Least depth of caudal peduncle, ,

Length of head, ....

Diameter of eye.

Length of ma.xilla.

Distance from snout to dor.sal origin.

Length of dorsal base.

Length of longest dorsal ray,

Length of last dorsal ray.

Distance from snout to ventral origin,

Length of ventral,

Length of ventral appendage,

Distance from .smut to anal origin.

Length of anal base.

Length of longest anal ray, .

Length of last anal ray.

Length of pectoral.

Distance from snout to adipose fin.

Length of base of adipose fin.

Length of adipose fin.

Width of base of adipose fin,

Length of longest gill-raker,

9

195/8

I

3

4^

5/R

2 '8

9

n
13
2

H
3
14
I

3/f

ny

VA

I'A

2^

^

fV

Taking the fish in the order above given, the gill-rakers are: 9 plus 17, 10 plus 16 and 9
plus 17. The scales are: 10-76-8, 10-87-9 and 11-81-10, The branchiostegals in various
specimens examined are 9 to 10; divided dorsal rays, 10 to 11 ; anal rays, :o to 11,

39. Argyrosomus artedi (/-«• Sueur). Cisco ; Lake Herring. — \ male was
received from ;\Ir. Annin November 22, 1895, and a female on November 25 of the
same \-ear. The male had spermaries moderately developed. The female agrees
very well with the variety ctsco. Both are from Three-mile Bay, Lake Ontario. The
following measurements, in inches, and notes, were made upon the fresh examples:

220

REPORT OF THE COMMISSIONERS OF

Th

ree-mile

Three-mile

Bay

Bav

<f

9

Length, including caudal ' .

i3>^

13

Length of middle caudal rays.

H

Least depth of caudal peduncle, .

I

Depth of body at dorsal,

3

2^

Length of head, .....

2^

-y.

Length of maxilla, ....

Va

n

Diameter of eye, .....

%

%

Length of longest gill-raker,

5/8

Number of gill-rakers, ....

17

+ 31

47

Scales, ......

8

-74-8

76

In the female above mentioned, the maxilla reaches to the front of pupil; the lower jaw
projects a little ; the dorsal and anal each have ten divided rays; the dorsal has a black tip ;

the pectoral is dusky above ; the ventral and anal are pale ; the caudal is dusky towards the
margin. According to Mr. Annin, it lives in deep waters and spawns in brooks in December.

40. Argyrosomus hoyi {GUI). Lake Shiner; Moon-eve Cisco. — This species
is recorded with certainty from Lake Michigan only. It is taken in gill-nets in deep
water, and, notwithstanding its small size, has become commercially important. It is
here for the first time announced as a member of the New York fauna, and the descrip-
tion following below leaves no doubt of the correctness of the identification. The fish
exainined, a female with ripe eggs, was taken in Canandaigua Lake, December 19,
1896, by Mr. Annin"s men. It was the only one caught, and was captured by becom-
ing gilled in the funnel of the net. Mr. Annin is satisfied that this is the lake shiner
of tlie fishermen, which they sometimes see in immense schools at the surtace, and kill
for trolling bait by shooting them.

Description. — Head. 4; depth, 4*; eyes, 5 (nearly); snout, 3'j; maxillary, nearly 3 in
head, reaching to vertical through front of pupil. D. 10; A. 11 ; scales, 8-70-9. Gill-rakers,
14 plus 28, leftside; 40 on right side; longest about J^ inch; about 2 in eye. Branchi-
ostegals, 8. Body rather elongate, compressed, the back little elevated. Mouth rather large,
terminal, the Inwer jaw slightly longer than upper when the mouth is closed; tip of muzzle coni-
cal as in A. arteiii ; mandible nearly reaching vertical through posterior edge of eye, nearly 2 in
head. Head rather long and slender, with pointed snout; interorbital width equal to eye.
Supraorbital and preorbital long and narrow. Distance from tip of snout to occiput, 2 in dis-
tance from occiput to origin of dorsal tin ; dorsal rays much longer anteriorly than posteriorly,
the longest rays nearly equal to distance from front of pupil to end of head, the last ray only

FISHERIES, GAME AND FORESTS.

221

y'i as long; longest anal ray 2>.4 in head, last anal ray 3 as long as the longest. Pseudo-
branchise well developed ; tongue with evident teeth.

Color in spirits silvery, with puq)lish iridescence on back; scales without punctulations ;
belly whitish ; dorsal and caudal tins dark on terminal half, pale at base; other fins all pale.

Length, without caudal, 8 inches; total length, g^ inches; depth, i J^ inches; head, 2^
inches; eye, ^'-j inch; nia.xilla, \l inch; interorbital width equal to diameter of eye.

Mr. Annin wrote me that the people at Canandaigua Lake told him that there
were large quantities of small lake shiners, as they are called, in the lake. A fisher-
man said that they are seen in immense schools at the top of the water occasionally,
and by firing a gun loaded with shot into them they can stun them so that they can
pick up quite a number. They are eagerly sought after for trolling bait for the
salmon trout founil in tiiat lake.

41. Argyrosomus tullibee {Rn/mrtisoii). Tt i.i.iHKi: — The tuUibee occurs in
Onondaga Lake. A female was sent from there by Mr. Annin November 18, 1895, and
another of the same sex November 25, 1896. ^Ir. Annin wrote that the fish com-
menced running onto the shoals about November 15, and were spawning in the lake
November 25. They come up to the banks or gravelly shoals and deposit their eggs
in from three feet to seven feet of water. The species has never been caught with the
hook in that lake, although almost every kind of bait, the finest and smallest hooks,
baited with Gdiiiniancs and otiicr natural foods, were tried.

The following notes relate to the female obtained Nxjvember 18, 1895 :

Length to end of caudal. ........ 183^ in.

Length of upper caudal lobe, . . . . . . . . 254 "

Length of middle caudal rays,

Least depth of caudal peduncle.

Depth of body at dorsal origin,

Length of head, ....

Length of maxilla, ....

Diameter of eye, .....

Length of longest gill-raker.
The mandible projects slightly. B. 8 ; D. 1 1 : A. 1 1
17 plus 27.

The female received November 25, i8g6, is 15 inches long.

New York is well supplied with coregonidae, having eight of the -■"•■°»n North
American species. C. quadrilatcralis is the frost-fish of the Adirondacks and the
Great Lakes. C. cliipeifonnis, the common whitefish, inhabits the Great Lakes and
Lake Champlain. C. labradoricits, the Labrador whitefish, is very abundant in the
Adirondacks, and is found also in the Great Lakes. Argyrosomus osincrifoniiis is a

I

9 "

V. 11; scales, 8-75-8; gill-rakers

222 REPORT OF THE COMMISSIONERS OF

shape!)- little herring of Seneca and Skaneateles Lakes, y}. artedi is the common lake
herring or cisco of the Great Lakes and Lake Champlain. A. Iwyi, the lake shiner,
or Hoy's whitefish, is above recorded from Canandaigua Lake A. pi'oguatlins, the
long-jaw, the only summer-spawning whitefish so far as known, lives in Lake Ontario,
and, finally, A. tiillibcc, is the fine whitefish of Onondaga Lake.

42. Salmo salar {IJiuucus). Atlantic 'Salmon. — Although this is again a
New York fish, it is represented in the Aquarium by the young hatched here from
eggs taken from the Restigouche Ri\er, Canada. Eggs just on the point of hatching
were received about May i, 1897, from Mr. Percy Baker, and in a few days several
hundred healthy fry were set free. These were reared almost without loss until June
18, when the temperature of the water had reached 76'-^ Fahr. The refrigerating
plant was not completed until July 7, and then only three of the young survived.
One of these was subsequently lost by the displacement of a strainer. The larger of
the two is now (November 27) 338 inches long. Liver has been the principal food
of these salmon.

43. Salmo salar sebago {Girard). Land-locked Salmon. — This salmon has
been introduced into our waters from Maine, and appears to have become established
in several localities. A very fine example was obtained from the South Side Sports-
men's Club, of Long Island, but it was injured in transportation and never recovered.
In April, 1896, several individuals from Maine were presented by Mr. Eugene G.
Blackford. One of these lived in a tank on the salt-water side for nineteen months,
and was then frightened by visitors when the water was drawn low for cleaning, and
injured itself so badly that it died after a few hours of struggling. The following
measurements were obtained from the fresh fish:

Length, ........... 24 in.

Middle caudal rays from end of scales, . . . . . 1 5 8 "

Depth, 4 "

Least depth of caudal peduncle, . . . . . . . 1 5 8 "

Head, 434 "

Snout, ........... I '4' "

Eye, ii "

Orbit, 34; "

Snout to dorsal, .......... 9"^ "

Dorsal base, . . . . . . . . . 2^ "

Longest dorsal ray, . . . . . . . . . 2 3/8 "

Last dorsal ray, . . . . . . . . . . ^/{"

Snout to ventral, . . . . ... . . . . 1 1 14' "

FISHERIES, GAME AND FORESTS.

223

Length of ventral, ......... 2]^

Snout to anal, . . . . . . . . . • '63 8

Anal base, ........... lyk

Longest anal ray, ......... i^

Last anal ray, .......... lyi

Snout to adipose dorsal, . . . . . . . • 175^8

Width of adipose dorsal, ........ ]/2

Length of adipose dorsal. ........ J^

Length of pectoral, ......... 3 ^

Upper jaw, ........... 2i/(

Ma.xilla, ........... 2

The head has about 28 dark spots, the largest on the gill-cover, oblong, Sg inch long.
Body with many large and small black spots, a few with a pale ring around them, and some as
large as the largest on the gill-cover; one on the caudal peduncle of one side distinctly
X-shaped. General color dark bluish gray ; belly and lower parts iridescent silvery. Fins
all dusky ; the dorsal with many black spots. Eye pale lemon, the upper part dusky.

Gill-rakers 9 plus 11, the longest ^ inch. B. 11; D. 10; scales, 21-123-20.

44. Salmo mykiss {Wa/bamn). ]5i.ACK-SPOTTEl) Tkout ; Red-TIIROAT Trout.
— The Lake Tahoe, California, trout form 5. inykiss Iicnshawi (Gill & Jordan), was
obtained by Mr. James Annin, Jr., and reared at his establishment. Young individuals
were sent by him in November, 1896, and thrived in the Aquarium until the latter
part of June, 1897, when they were overcome by warm water. They would not
endure the transfer to salt water.

45. Salmo gairdneri {Richardson). Steelhead Trout. — From information
furnished b}- Mr. Annin, it appears evident that some of the eggs of trout received at
Caledonia, N. Y., many years ago, from the McLeod River, California, as rainbows,
really included both rainbows and steelheads. He finds certain females producing
deep salmon-colored eggs, while in the same pond and receiving the same food as
other females which furnished very light-colored, almost white, eggs. Some of the
females also differ in going to the spawning beds nearly two months in advance of
others. It is now known also that the McLeod contains a small-scaled form of the
rainbow, known to the Indians as the no-shee, and this also may easily have been sent
to the East under the name of rainbow. Striking differences in the appearance and
habits of so-called rainbows introduced into the various States lend color to this
supposition.

The steelheads now in the Aquarium were obtained in November, 1896, from the
United States Fish Commission. They were hatched from eggs shipped from Fort

224 REPORT OF THE COMMISSIONERS OF

Gaston to the Craig Brook station in Maine. The length of the trout ranged from 4
to 4^ inches; they are now 10 inches long on the average, and weigh many times as
much as they did a year ago. None of them have at any time yet shown a red lateral
band such as is present in the rainbow, and they are further distinguished by the
presence of white tips on the ventral and anal fins ; the dorsal also has a small white
tip. They ha\"e been kept almost from their arrival in salt water, and could not have
been kept in the warm Croton water in June. The salt water never rose above 71^4"
Fahrenheit, and continued at this high temperature only ten days.

46. Salmo irideus {Gibbons). R.viXBmv Tkout. — Trout of this species have
been received from the South Side Sportsmen's Club at Oakdale, Long Island ; the
New York Hatchery at Cold Spring Harbor, Long Island, and the Caledonia station
of the New York Fish Commission. The large fish never stand transportation well
when ice is used to cool the water. They frequently injure their eyes so that they
become blind soon after the end of the trip. They are inveterate fighters, and the
strongest invariably rules the rest. Contrary to what has been stated heretofore, they
will not endure high temperatures as well as brook trout.

47. Salmo fario {Liuinciis). Browx Trout. — This is one of the earliest species
of trout to be placed in the Aquarium, and has shown remarkable hardiness in cap-
tivity. A large female was received from Mr. E. G. Blackford in April, 1896, and
placed in a salt-water tank, where it remains now (November 27, 1897), and gives
every indication of perfect health. During most of the time the fish has been in salt
water, but at certain intervals fresh water is substituted for a short time, especially
when symptoms of fungus make their appearance. Liver and live killifish have been
used for her food. Last November she excavated a shallow depression in the gravel
bottom and deposited a lot of eggs. The species is extremely shy, and never seems
to lose its fear of the attendants.

48. Salmo (Hybrid = fario -f- fontinals). Hybrid Trout. — In a paper pub-
lished seven years ago, the writer stated as a result of his studies, that when a large-
scaled trout is crossed with a small-scaled one, the hybrid will be large-scaled which-
ever way the cross be made. The hybrid between the brown trout and the brook is a
large-scaled form, and it is sterile as far as reported. The Aquarium has had this
hybrid from the South Side Sportsmen's Club, and from the New York hatcheries at
Cold Spring Harbor, Long Island, and Caledonia. It is always a strikingly handsome
fish, and grows to a large size ; but it is far less hardy than either of its parents. The
cross has always been artificially made, and never occurs naturally. Two specimens
studied gave the following measurements in inches :

'■m'^i^f

\

K

UJ

n

u

z:

<

z:

<

Z)

o

' ;^

■d

cc

!i_

o

1_

z:

o

O

o

Z

on

_i

-D

<

^

O

i_

Q

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FISHERIES, GAME AND FORESTS.

225

Extreme length, ......

Length of middle caudal rays from end of scales,

Depth of body, .

Least depth of caudal peduncle,

Length of head, .

Length of snout, .

Length of upper jaw, .

Length of lower jaw,

Diameter of eye.

Distance from snout to dorsal origin.

Length of dorsal base, .

Length of longest dorsal ray,

Length of last dorsal ray.

Distance from snout to ventral origin,

Length of ventral,

Di.stance from snout to anal origin,

Length of anal base.

Length of longest anal ray, .

Length of last anal ray.

Caledonia, N. Y.
Julie 10, 1896.
Jas. Annin, Jr.

9'A

H

2

%

6

Oakdale, N Y.
Mar. 23, 1897.
Geo. P. Slade

1

The Caledonian specimen has no hyoid teeth ; the vomerines are in a very small patch on
the head of the bone only. The gill-rakers are 4 plus 10. the longest about one-half diameter
of the eye. It has about 124 tubes in the lateral line. Branchio.stegals, lo.- The following
color-notes were taken from the fresh fish :

Dorsal tin with numerous dark blotches resembling those of young rainbow. Adipose long
and slender, amber color with two obscure dusky blotches, one of these very indistinct. Lower
half of sides pink ; ventral, anal and caudal pink ; ventral and anal with a milk-white front
margin, that in the anal limited behind by a dark line as in brook trout. Sides reticulated with
large meshes of lemon yellow interspersed with darker purplish or olive. Dorsal blotches are
mingled with pale lemon. Pectoral pale vermilion. Eye silvery white with yellowish reflections.

The specimen from Oakdale, Long Island, weighed twenty ounces. It has a
triangular patch of vomerine teeth, as found in fontinalis, but continued behind by
several teeth in a single row, the entire length of the vomerine series being seven-
sixteenths of an inch.

49. Cristivomer namaycush {Walbanin). Lake Trout; Salmon Trout. —

The only New York examples of lake trout were received from Mr. James Annin. Jr.,

Caledonia, in the fall of 1896. They lived and grew rapidly until the warm water
15

226 REPORT OF THE COMMISSIONERS OF

killed them in June, 1897. They could not endure transfer to salt water of a lower
temperature, as so many other trout will do, and nothing else could be utilized to tide
them over until the completion of the refrigerating plant.

Owing to the extensive individual and race variation among trout referred to this
species, it seems desirable here to give some notes and measurements made from in-
dividuals obtained from New Hampshire and Vermont. Two lake trout weighing
about four and three-quarter pounds each were shipped in a can, only a few inches
longer than the fish, from Roxbury, Vermont, on November 17, and after an express
journey of twenty hours without an attendant one of them survives in good condition,
while the other was nearly dead upon arrival and died within one hour. The latter
was a female, and appears to have injured itself severely by jumping in the can ; it
was not in good condition when it left Vermont. Twelve large brook trout shipped
with the lake trout in two cans arrived without injury ; these and the lake trout were
presented by Mr. Jolin W. Titcomb, Fish and Game Commissioner.

Commissioner N. Wentworth, of Hudson Center, N. H., forwarded the New
Hampshire lake trout, one from Newfound Lake, the other from Lake Winnepesaukee.
They were sent to determine whether the trout of the two lakes, which the fishermen
claim are different species, really are distinct. The Commissioner wrote that "The
Newfound trout lias darker flesh, more like the sea salmon. This is not caused by
their food, as both lakes are alive with smelt. The Winnepesaukee lake trout are
better biters ; tons of them are caught through the ice every winter. The Newfound
trout are hardly ever caught through the ice. A few were caught last winter for the
first time to my knowledge. I am sure there is but one variety of lake trout in New-
found Lake. We had one in our tanks this fall that would weigh twenty-five pounds."
The only difTerence to be found upon examination were such as relate to the depths
at which the two races habitually live; one is the slim, dark-colored tiiladi, and the
other the common lake trout of the Great Lakes region.

It is necessary, however, to call attention to the lake trout from Northern Ver-
mont, which furnished one of the series of measurements given below. The sill-
rakers in that example are few in number and unusually short, four or five on each
side being reduced to mere spiny tubercles.

FISHERIES, GAME AXD FORESTS.

227

Measurements in Inches.

Length, including caudal,

Length to base of middle caudal rays,

Least depth of caudal peduncle,

Greatest depth of body,

Thickness of body,

Length of head, .

Length of snout.

Length of postorbital part of head,

Length of upper jaw.

Length of ma.xilla,

Diameter of eye,

Interorbital width.

Distance from snout to dorsal,

Length of dorsal base,

Length of longest dorsal ray.

Length of last dorsal ray,

From end of dorsal to adipose fin.

Length of adipose fin,

Width of base of adipose fin,

Distance from snout to ventral,

Length of longest ventral ray.

Length of last ventral ray, .

Length of ventral appendage.

Distance from snout to anal.

Length of anal base, .

Length of longest anal ray, .

Length of last anal ray,

Length of pectoral,

Length of upper caudal lobe.

Length of lower caudal lobe.

Length of longest gill-raker,

Newfound
Lake

21

234
H

103/

3

H

n
121^

25.3

H

i6
2

234;

I

3>^

Wtnuepesau- ' Roxbury,
kee Lake Vt.

63/^
2^

3

2^i

I2j'8
^%

2^^

5
I

2}i

2^

2)4

1

9
22

19^

4^/2

2 3/

4%

I'A

2>^

2 3/g
2

Vs

10
2}i
2}i
i'A
4%
Va
H

2^

5/8

2%
Ya

3J4

W

In the Newfound Lake fish we have :

B. 11; D. 11; A. 10 (counting divided rays only); V. i, 8; P. i, 12; scales, 26-195-34
(about 150 tubes); gill-rakers, 9 plus 13, the longest a little more than one-half length of eye,
the one in the angle club-shaped at the tip. It is a male with spermaries moderately small but
soft. The body is gray, darker on the back. The outer edge of the pectoral and ventral and
the front margin of the anal are white as \r\ fontinalis. A white tip to the lower caudal lobe and
a very small one at the top of the dorsal. Otherwise the coloration is like that of ordinary lake
trout which have the pectoral, ventral and anal chiefly vermilion in the breeding season.

228 REPORT OF THE COMMISSIONERS OF

The male from Winnepesaukee Lake has :

B. 12 to 13; D. 10; A. 10; V. i, 8; P. 1 2 ; gill-rakers 8 plus 12, the longest about one-
half as long as the eye. The ground color is a little lighter than in the Newfound lake trout,
and the vermihon of the pectorals, ventrals and anal is less intense. The spermaries are larger
than in the specimen from Newfound, and in about the same stage of development ; the body is
considerably stouter.

The female from Roxbury, Vermont, shows the following additional characters:

B. 12; D. 10; A. 10; V. i, 8; gill-rakers 8 plus 12, the longest exactly one-half as long as
the eye. The eggs and ovaries are small as in young females. The pectorals, ventrals and
anal area chiefly vermilion as in the male from Newfound Lake. The body is silvery gray with
numerous small, whitish spots, these present also upon the dorsal.

50. Salvelinus fontinalis {Mitchill). Brook Trout; Si-eckled Trout. —
Brook trout have been received from New York Fish Commission stations at
Caledonia and Cold Spring Harbor, from the private establishment of Mr. James Annin,
Jr., the preserve at Oakdale, Long Island, of the South Side Sportsmen's Club, the
Maine Fish Commission, from Mr. John W. Titcomb, President, Vermont Fish and
Game Commission, Mr. E. G. Blackford, New York, and Mr. A. N. Cheney, State
Fish CultLirist of New York. The only brook trout that endured the high temperature
(76°) of the Croton water in June, 1897, was one young individual from Caledonia.
The Vermont trout were saved by sending them to Cold Spring Harbor in May.

The food of the trout in the Aquarium consists almost entirely of chopped hard
clams and liver for the young, and hard clams, live killifish, and occasionally earth
worms for the larger ones. Their increase in weight has been remarkable; an
individual from Caledonia, for example, received in Noveinber, 1896, as a fingerling
not above 31/ inches long, is now (December 10, 1897) i 2 i{ inches long, and 3)^
inches deep. This species will live indifferently in the fresh and salt water of the
Aquarium. When attacked by fungus in fresh water the parasite is easily killed by-
keeping the fish in salt water, and the trout is not at all injured or inconvenienced by
this treatment if the transfer be made gradually, that is, from fresh to brackish, and
finally salt water of the salinity here founil (about 1.017). A trout so treated and
cured has practical immunity from fungus attacks thereafter. The brook trout is well
adapted to domestication in tanks : it soon overcomes its fear of moving objects, takes
its food regularly, and is always attractive because of its beauty and grace of
movement.

51. Osmerus mordax {Mitchill). S.melt. — The smelt is found in Gravesend
Bay in winter, beginning to run in December, and remaining during cold weather.
In the spring it ascends rivers to spawn. The eggs are small and adhesive. The fry
are hardy in transportation. In the Aquarium the adults live until about the end of

FISHERIES, GAME AND FORESTS.

229

June, when the water becomes too warm and they die. Their food consists mainly of
shrimps and other small crustaceans.

52. Umbra limi {Kirtland). Mud Minnow.- — A number of mud minnows
were shipped in wet moss from Caledonia, N. Y., April 10, 1896, by James Annin,
Jr., and nearly all were alive at the end of the twelve hours' journey. The species
has not proved hardy, either in balanced tanks or in running water, notwithstanding
its reputation as a fish that can endure alternate freezing and thawing without
permanent injury.

53. Lucius americanus {Gmelin). Banded Pickerel. — On December 30,
1895, Mr. James Annin, Jr., sent from Rockland, N. Y., a small pickerel which had
attracted his attention on account of its colors and markings. It was taken in a small
spring brook, tributary to the Beaverkill, which, about ten or fifteen miles below,
unites with the Delaware. Subsequently two examples were forwarded alive from the
same place, and one of them is still living in the Aquarium. The following notes and
measurements, in inches, relate to the first individual of undetermined sex, the organs
being undeveloped :

Length, including caudal fin, .
E.ftemal caudal lobe (horizontally).
Middle caudal rays (from end of scales),
Length of head,
Greatest depth of body. .
Least depth of caudal peduncle.
Length of snout.
Length of maxilla, .
Length of mandible,
Diameter of eye,
Distance from snout to dorsal,
Length of dorsal base.
Length of longest dorsal ray, .
From end of dorsal to caudal origin.
Distance from snout to pectoral,
Length of pectoral.
Distance from snout to ventral.
Length of ventral, .
Distance from snout to anal, .
Length of anal base,
Length of longest anal ray.

From end of anal base to origin of lower caudal lobe
B. I 2 ; D. 12 ; A. 1 1 ; V. 9 ; scales, 24-110.

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H

a

H

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3^8 "

230 REPORT OF THE COMMISSIONERS OF

Th€ maxilla reaches to below the middle of the pupil. The mandible projects -f-^ of an
inch when the mouth is closed. The diameter of the eye is contained 523 times in length of
head. The stomach was empty, but insect remains were voided from the vent.

Colors. — About twenty oblique, interrupted, dark bands on the body. A narrow oblique dark
band under the eye and four rather large dark blotches on the cheek and opercle. Pectorals,
ventrals and anal orange. A tinge of orange on the dorsal and caudal. General color
olivaceous gray, with golden reflections ; lower parts creamy white. Iris lemon mingled with
pale brown. Peritoneum silvery.

All the pickerels are liable to fungus attacks without apparent cause, but, as a
rule, they can be cured by the salt water treatment. Their food consists of small live
killifish, which they approach slowly and deliberately until within fi\-e or six inches,
when they rush, seize, and stop as abruptly as if stopped by an obstruction.

54. Lucius reticulatus {Lc Suair). Chain Pickerel. — Living pickerel were
sent from Canandaigua Lake by Mr. James Annin, Jr., and small examples were
seined in the Bronx. Others were given to the Aquarium by Charles A. Shriner,
Chief Game and Fish Protector of New Jersey, and Professor Ulric Dahlgren of
Princeton University. The chain pickerel is always hard 10 keep in good condition in
captivity, but the losses here have been very small owing to the success of the salt
water treatment for fungus. The fish .spawned in their tank in June, 1897, and )'oung
were hatched naturally, but they died when about three-quarters inch long because
they could not be induced to feed. The feeding habits of this pickerel are the same
as stated concerning L. amcricamis

55. Lucius lucius {Linmrus). PiKE. — About July i, 1896, a fresh specimen was
sent for identification by Mr. Annin from Silver Lake, Wyoming County, N. Y. He
says the pike is not found in Canandaigua Lake. Curiously enough, the Aquarium
has never y-et had a living example.

56. Lucius masquinongy immaculatus {Garrard). Unspotted M.\scalonge.
— -The examples of unspotted mascalonge received at the Aquarium were from
Chautauqua Lake, New York, which belongs to the Ohio River drainage system. It
appears that the typical spotted form also inhabits the Ohio basin, but occurs rarely.
Mr. Annin sent one individual December 4, 1895, and two on May 4, 1896; from
these three were obtained the following notes and measurements in inches:

FISHERIES, GAME AND FORESTS.

231

Dec. 4. 1895.

May 4, 1896.

May 4, 1896.

d

<f

Length, including caudal fin,

^z'A

^VA

25^

Length to end of scales,

23"^

23

Length of caudal lobe (horizontally),

3H

Length of middle caudal rays,

•>^

Depth of body

zn

4

3J4

Least depth of caudal peduncle. .

i>4

^Va

iVs

Length of head, ....

5^

6^8

6^

Length of snout, ....

2^

2 3^

2H

Length of maxilla,

2%

2^

. ^H

Length of mandible, .

3Ya

4^

sVa

Diameter of eye.

%

iV

iV

Distance from snout to dorsal,

18^

1634

Length of dorsal base.

2%

2}i

Length of longest dorsal ray,

2^

2 5/8

Distance from snout to ventral, .

^s'A

1234

Length of ventral,

2H

2H

Length of anal base.

'Va

^-h

Length of longest anal ray, .

2}i

2,V

Length of pectoral,

2^

2.V

Branchiostegals.

19

18

19

Dorsal rays (developed).

18

16

- 17

Anal rays (developed).

16

15

15

Rows of scales, ....

ca. 153

Gill-rakers, ....

13 + 28

In all the specimens the maxilla extends to below the front edge of the pupil.
The gill-rakers are mere clumps of spiny tubercles. In the two males the diameter of
the eye is contained from 4_^ to 5 times in the length of the snout, and from 10 to 11
times in the length of the head.

In the individual of December 4, 1895, the lateral line tubes are distributed over
various parts of the sides without much regularity except in the median line. There
are no black spots. About twenty entire, blotch-like, irregular cross bands and
several parts of bands and blotches intervening. The lower third of the pectoral is
pink. The dorsal, caudal and anal with dark blotches making pseudo bands. Iris
lemon yellow overlaying silvery white. The general color is olive green with golden
tints.

The two males of May 4, 1896, furnished the following color-notes:

Olive green tinged with golden bronze. Sides with about 2^ irregular dusky blotches
resembhng interrupted bands. Dorsal, caudal and anal with numerous large dusky blotches.

232 REPORT OF THE COMMISSIONERS OF

those on dorsal and anal almost forming bands. Iris lemon yellow and silvery in the larger ;
almost vermilion and orange in smaller. A dark blotch at upper edge of opercle.

The Chautauqua Lake mascalonge, according to Mr. James Annin, Jr., who sent
the specimens, is a very fine food and game fish, and attains to the weight of fifty
pounds. In the spring of 1895 it was not unusual to capture individuals weighing
from forty to fifty pounds, and twenty to thirty pounds was a very common weight.
In winter the fish frequent nearly the same localities as in summer, being found in
the vicinity of water-plants. When the lake becomes very clear in February, they
go into deep water, but they live in deep water more or less all the year.

For the fish-cultural operations the nets are set as soon after the first of April as
the ice leaves the lake. The fish begin to spawn a few days after and continue until
the latter part of April. They go into shallower water for spawning ; most of them
spawn in from ten to 15 feet of water. They do not resort to the gravel like many
other fish, but to mud, generally going into baj's. The eggs are placed in boxes, all
of which are provided with screens at top and bottom. The bottom has an e.\tra
screen, to prevent minnows from injuring the eggs. The boxes are sunk from one
to two feet under the surface of the water. Every day or two they are drawn up, the
covers removed, and all bad eggs and sediment cleaned out.

57. Fundulus majalis {]Va/haiim). Bass Minnow; Killifish. — This large
killifish is found all the year in Gravesend Bay. It has proved less vigorous in
captivity than all the other marine killifishes. In the winter it is found in deep,
muddy holes at the mouths of creeks.

58. Fundulus heteroclitus {Li>iii(riis). Killifish. — A permanent resident in
Gravesend Bay, going into deep, muddy holes near the mouth of creeks in winter.
This species forms the principal supply of live food for the larger fishes in the
Aquarium.

59. Fundulus diaphanus {Lc Snenr). Fresh-\v.\ter Killifish. — This is
usually a most difficult species to keep in health. The individuals now in the gallery
were seined in the lake at One Hundred and Tenth Street and Fifth Avenue, Central
Park, in August, 1897. Asa rule the fish is attacked and killed by fungus before the
salt-water treatment can take effect. Its food is chopped hard clams chiefly.
Occasionally it takes liver. It cannot be considered hardy in captivity.

60. Lucania parva {InTird & Girard). R.\IN\v,vter-FISH. — This killifish is
abundant in Peconic, Shinnecock and Great South Bays, and in a fresh-water stream
at Water Mill, Long Island. Although small it is always interesting because of its
translucent body and its graceful movements ; it is hardy and takes chopped clams
very freely. The fish does not exceed one and one-half inches in length.

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KISIIEKIES, GAME AND FORESTS. 233

61. Cyprinodon variegatus {Lnccpedc). Lfbias ; Short Killifisii— Mr.
Spencer has kept a male aiul two females in a balanced jar nearly two years. They
have bred at least once, and the young were reared to a length of five-eighths inch
when they disappeared suddenly, and it is probable that they were eaten by the adults.
This is one of the best of the Cyprinodonts for aquarium purposes.

62. Tylosurus marinus {\Valba117n). Silver Gar; Needle-fish. — The silver
gar is to be found in Gravesend Bay from June to September. It never stands
transportation, and cannot be kept long in captivity.

63. Eucalia inconstans {Kirtland). Brook Stickleback. — Living examples
were obtained from Mr. James Annin, Jr., at Caledonia, N. Y., April 10, 1896. For
some unexplained reason it is difficult to keep the fish alive either in balanced or
circulating- tanks; it does better in the former. One indixitlual of the lot above
mentioned is now alive in a balanced tank. It has always been shy, but feeds readily
upon hard clams and Ganiniarns.

64. Pygosteus pungitius {I.iunceus). Nine-spined Stickleback. — Less
abundant in Gra\esund 15a)- than the following two species. In the Aquarium it is
not difficult to keep alive.

65. Gasterosteus bispinosus {Walbaimi). STiCKLEBACK.^The adults have
been kept in a balanced marine tank many months, and young were obtained and
reared to the length of about half an inch, but they were then eaten by the adults.
All of this species were killed by warm water in the summer of 1896.

66. Apeltes quadracus {Mitchill). Thkee-spixed Stickleback. — A hardy
species in circulating tanks ; but none have ever been known to breed in captivity.
Their food consists of chopped hard clams and broken shrimps.

67. Siphostoma fuscum {Storcr). Pipe-fish. — The pipe-fish is moderately
common in summer in eelgrass and sea lettuce in Gravesend Bay. It is difficult to
find suitable food for it in the Aquarium, and, as a consequence, it is short-lived.
The species likes shrimp with eggs and small Gaminanis. Several examples taken at
Sandy Hook, October 8, 1897, are still alive in a slightly circulating tank in the
Aquarium, in a temperature of 54*^ Fahrenheit. They feed well upon Gaminants
and seem to be in good condition.

68. Hippocampus hudsonius {De Kay). Sea-Horse. — The sea-horse is
sometimes found in large nunibers in the nets at Gravesend Bay, but has not been
abundant since 1S95. It endures captivity for a few months only ; individuals have
been kept eight months in a " balanced " tank, where the}- thrive best. The food
consists of Unciola and shrimp eggs.

234 REPORT OF THE COMMISSIONERS OF

69. Aphredoderus sayanus {Gil/iams). Pirate Perch. — Common in a lake
at Patchogue, Long Island, where it has sometimes been mistaken for young carp.
The individuals in the Aquarium were sent by Professor Ulric Dahlgren from
Princeton, N. J., in October, 1897. They have never been observed to feed, and do
not look well.

70. Menidia beryllina (Cope). Fkesh-water Silverside. — This small
silverside, heretofore found only in the Potomac River, is abundant in a little mill
stream at Water Mill, Long Island, where the writer seined it, September 14, 1S97, in
company with Fuudiilus diapliaiius, Liicania parva, Eupoiiiotis gibbosus, and Lucius
rcticulatus. The largest of the individuals are two and three-eighth inches long.
Owing to high temperature the shipment to New York was unsuccessful, none of the
fish having lived in the Aquarium longer than a few days. Following are some of
the characters :

D. V. I, 10; A. I, 16-17 ; scales, 8-40.

71. Menidia notata {JMitchill). Silverside ; Spearing. — This species is found
in Gravesend Bay almost all the year, inhabiting spring holes in winter. Individuals
brought into the Aquarium in the winter of 1895 ^""e still living (November 28, 1897).
They endure the summer temperature, which has sometimes reached 71^ degrees
Fahrenheit in the salt-water tanks. They feed here upon hard clams and shrimp.

72. Labidesthes sicculus (rc/c). Brook Silverside ; Skipjack; Glass-fish.
— The name glass-fish is used for the species on Chautauqua Lake. Mr. Annin sent
some living examples April 22, 1897, but they were in a very weak condition after
the twelve hours' journey by rail, and soon died.

73. Mugil cephalus {Limucus). Striped Mullet. — The young mullet are
abundant in Gravesend Bay in midsummer ; larger ones appear in September and
October. One winter, some years ago, they hibernated in the mud in Sheepshead Bay
and were taken with eel-spears. It feeds and thrives most of the year, but cannot
survive the heat of summer. Food in the Aquarium consists of hard clams and
shrimp.

74. Mugil curema [Cuv. & Wt/.). White Mullet. — This appears with the
foregoing, but is less abundant in Gravesend Bay.

75. Sphyraena borealis {Df Kay)- Barracuda. — Several young individuals
were captured in Gravesend Bay in September, 1896. The species is not common in
that locality. An individual five and one-half inches long was seined at Sandy Hook,
October 8, 1897; it lived only until October 31, and was never observed to take
food. The species never has been successfully reared in the Aquarium.

FISHERIES, GAME AND FORESTS.

235

76. Polydactylus octonemus {Girard). Thkeadfin. — On September 24, 1896,
three specimens were obtained by Mr. John B. De Nyse in Gravesend Bay and sent to
the Aquarium dead, as they would not endure captivity. The fish agrees in coloration
and in every other respect with P. octofilis Gill, and is believed to be the adult form of
P. octonemus Girard. This is probably the first record of its occurrence in New York
waters for more than thirty years.

Measurements.

Length, including caudal.

Length to end of middle caudal rays,

Length to origin of middle caudal rays,

Greatest depth of body,

Least depth of caudal peduncle.

Length of head,

Length of snout.

Diameter of eye,

Length of upper jaw.

Length of mandible,

Length of longe.st pectoral filament.

Length of upper and lower caudal lobes.

Length of pectoral,

Length of longest (third) dorsal spine.

Length of second dorsal ray. .

Length of ventral, ....

Length of longest anal ray.

Length of anal base.

Length of base of first dorsal, .

Length of base of second dorsal.

8^ in.

7'-' "

6^8 "
2

-h

h

2^

2Va

iV.

I

The longest pectoral filament reaches to below the interspace between the two
dorsals and slightly past the vent. The diameter of the eye equals the length of the
snout and one-fifth the length of the head.

77. Ammodytes americanus {Bi- Kaj). Sand Launce ; Sand Eel ; Lant. —
The species appears in Gravesend Bay in July, but is more plentiful in winter. In the
Aquarium it will not thrive for want of sand and proper food. It swims continually
and soon dies. The fish buries itself in sand and sometimes, when alarmed, will leap
four inches above the sand.

78. Mullus auratus {Jordan & Gilbert). Red Mullet; Goat Fish. — Three
individuals of a Mullus were captured in a seine at Sandy Hook, N. J., October 8,
1897, and brought alive to the Aquarium, where they are now (November 30, 1897)

236 REPORT OF THE COMMISSIONERS OF

in good condition and feed freely upon shrimp. As the fish are Hving it is uncertain
vvhetlier or not they are I\I. aiiratiis ; but they agree in the main with the description
of that species. Their endurance of water at a temperature of 50" Fahr. is unexpected.
M. aiiratits is recorded upon our East Coast from Cape Cod to Florida, but it is rare
as a rule in the north. Fishermen at Sandy Hook reported that large numbers were
seen there in September and October, 1897.

79- Scomber scombrus {Liniucns). Mackerel. — Two young, three and one-
quarter to five and one-half inches long, were taken in Gravesend Bay, L. I., Ma}- 23,
1896, in John B. De Nyse's shad pond. No more were seen, and these were the first
for the year. They come about the time of the appearance of anchovy and weakfish.
They are often seen swimming at the surface of the bay in small bunches of eighteen
or twenty, occasionally one hundred, in the latter part of May or early in June. They
are always split up into small bunches, probably by the attacks of weakfish and other
predaceous species which are present at the time. Flukes attack them also in shallow
water ; flukes are very destructive to young fish. A fluke will often have eight or ten
little tautogs in its stomach. They frequent the flats for the purpose of feeding on
little fishes.

80. Scomber colias {Gmcliii). Thimble-eye Mackerel; Chub Mackerel.
— This species was not found in large numbers in Gravesend Bay in 1897, but in
1896 it abounded in all the little creeks, and in some instances the fish could be
dipped up by the boat loads with scoop-nets. The fish reached ten inches in length
before the end of the summer.

81. Sarda sarda {Block). Bonito. — The fish is generally scarce in Gravesend
Bay. Five were taken in one day in a pound net in October, 1897, an unusual
number for that species. The fish will not live in captivity.

82. Trichiurus lepturus {Limueus). Scabbard-fish. — One young example was
caught in John B. De Nyse's pound, Gravesend Bay, in August, 1897. It had been
captured by another fish while in the pound, but was rescued in good condition. The
species is ver)' rarely seen in that bay.

83. Oligoplites saurus ( Blocli &■ Schneider). Leather Jacket. — An example
nine and three-quarters inches long and two and one-half inches deep was secured
in De Nyse's pound in Gravesend Bay in the summer of 1896. It is rarely seen there.

84. Seriola zonata {Mitcldll). Banded Pilot. — The species does not endure
close confinement, but thrives in the great pool of the Aquarium. Two e.xamples,
taken in September m Gravesend Bay, are living at the end of November, 1897.
They feed on small killifish, which they take with a rush much the same as the brook
trout.

FISHERIES, GAME AND FORESTS.

237

85. Seriola lalandi (Car. &■ J a/. /). Amber-fish. — A large amber-fish was
captured by Mr. De Nyse in Gravesend Bay, July 15. 1896, and was brought alive to
the Aquarium August 8, but it never recovered from the effects of the journey. The
large Scriolas are too active and shy to stand transportation, and they rarely live in
captivity, but a species received from Bermuda early in July, 1897, is alive in the
Aquarium (December 10), and still feeds regularly upon pieces of herring and live
killifish.

A description and measurements in inches of the Gravesend Bay specimen may
help to verify or correct the identification :

Length, including caudal.

Length to end of middle caudal rays,

Length of external caudal lobes from pit

Length of middle caudal rays.

Greatest depth of body,

Least depth of caudal peduncle,

Greatest thickness of body.

Length of head, ....

Length of upper jaw, ...

Width across end of ma.xilla.

Length of mandible,

Length of snout, ....

Diameter of eye, ....

Diameter ofr pupil.

Distance from snout to vertical from first dorsal origin,

Length of first dorsal base, .

Length of first .spine.

Length of second spine.

Length of third (longest) spine,

Length of seventh spine,

Distance from snout to second dorsal (obliquely),

Length of second dorsal base.

Length of second ray of second dorsal.

Length of first ray.

Length of last ray.

Length of pectoral,

Length of ventral,

Distance from ventral origin to anal origin,

Distance from vent to anal origin, .

7
2

4

8

3^

2%
^%

3'i

1/8
%

1 134

3^
45/8

2

238 REPORT OF THE COMMISSIONERS OF

The jaws are equal. The maxilla reaches to below the middle of the pupil. The pectoral
and ventral origins are in the same vertical.

D. VII, 26; A. I, 24; V. 6 ; P. 21; scales, about 24-160-30; gill-rakers, 4 plus 10, the
longest 1 14 inches, very thin, much wider at base, and tapering gradually to a small, rounded
point, very finely toothed on inner margin.

Teeth in broad, villiform bands in both jaws ; an arrow-shaped patch with long, slender
backward process on vomer. Similar bands on palate and pharyn.x.

The ground color is gray with purplish iridescence. A golden bronze stripe beginning on
the snout and continued behind the eye to the caudal in a nearly straight line, slightly above the
median line. Another bronze stripe begins above the eye and e.xtends to the first dorsal. In
life, two dark bands showed between the eyes and extended to the first dorsal. Sides and
lower parts much mingled with silvery white. Iris gray overlaid with golden yellow. Pupil
bluish black. All the fins colored like the body except the ventrals, which are whitish under-
neath, and gray mingled with white above.

The weight of the fish was thirteen pounds, one and one-half ounces.

86. Elagatis bipinnulatus {Quoy & Gaiinard). Runner. — On August 2, 1895,
afresh dead specimen of the runner was brought from Mr. De Nyse's pound in Graves-
end Bay. This tropical species has once before been recorded from Long Island,

87. Decapterus punctatus {Agassiz). Sc.-M) ; Round Robin. — The spotted
scad is not recognized in Gravesend Bay. It was found abundant, August 31, 1897,
in the ocean at Southampton, Long Island.

88. Decapterus macarelius {Ciiv. &■ VaL). Mackerel Sc.\d. — The mackerel
scad has not yet been recorded in Gra\'esend Bay, but was found common at
Southampton, Long Island, in the Atlantic, August 31, 1S97, associated with the
preceding species anti )-oung Scotiibcr, Poiiiatotiius, Khoi/ibiis, Cliipca, Etniincns, two
species of Stolepliorus and Paraliclithys.

89. Trachurops crumenophthalmus {Block). Big-eyed Scad. — This is taken
in the fall in Gravesend Bay. It is another fish that soon dies when closely confined,
but will live within suitable ranges of temperature in the large pool. The food is
small killifish, chopped clams and shrimp. Found August 31, 1897, in the surf at
Southampton, Long Island.

90. Caranx hippos {Ltiiiiu-its.) Yellow Mackerel; Crevalle. — The remarks
made concerning the big-eyed scad will apply to the two species of Crevalle.

91. Caranx crysos {Mitchill). Crevalle. — At the end of November, 1897,
several Crevalles of this and the preceding species are living and feeding in the
large pool. Occasionally they school together under the sand shark and follow it about.

FISHERIES, GAME AND FORESTS. 239

92. Alectis ciliaris [H/och). Thread-FISH. — This species is occasional in
summer in Gravesend Bay. In the Aquarium it usually li\-es about three months,
dying when the temperature falls much below sixty degrees.

93. Vomer setipinnis {Miukill). — HORSE-FiSH; Shiner. — An example was
brought from Gravesend Bay, October 21, 1896. The young, called " Dollar-fish "
here, was brought from the bay October 22, 1896, for examination.

94. Selene vomer {LimicBiis). Moon-fish. — On September 8 and 29, 1897,
three examples of the moon-fish were taken in Gravesend Bay. In November these
were transferred to a tropical tank, in which the water is kept at a temperature of
68° to 70" Fahr., and they are taking their food regularly.

95. Trachinotus carolinus {LiniKeus). Pomp.\NO. — The young are summer and
fall visitors in Gravesend Bay. Twenty-two individuals were placed in the Aquarium
in August, 1897, and thrived until the temperature of the water fell below bo" rahr.
in November, during which month all oi them died.

96. Trachinotus falcatus {Linnceus). Rorxn Pompano. — The young are
occasionally taken in summer in Gravesend Bay. Early in September, 1897, a small
individual was placed in the Aquarium and lived more than two months; it died in
November on account of the low temperature of the water. As long as the
temperature was suitable it fed and grew rapidly.

97. Pomatomus saltatrix {Linnceus). Bluefisii ; Snapper. — This is usually
regarded as a difficult species to keep in the Aquarium. On October 8, 1897, five
young were brought from Gravesend Bay and Sandy Hook, and three of them are
now living (November 30) and feeding freely.

98. Coryphsena hippurus {Li?iii(eiis). Dolphin. — A fine example, 1 7 inches
long and 2i^ inches deep, was brought in from ofT Sandy Hook late in August, 1897.
It was caught by a trolling line while fishing for bluefish, and so badly injured in one
of the eyes that it could not be kept alive.

99. Palinurichthys perciformis (Mitc/till). Rudder-fish. — Rare in Gravesend
Bay. Some years none are seen, but usually one or two will appear during the
summer.

100. Rhombus triacanthus {Peck). Harvest-fish ; Butter-fish. — This is
found in Gravesend Bay from April to November. It is not a hardy fish in the
Aquarium.

lOi. Rhombus paru {LimicBus). Harvest-fish ; Pappv-fish. — A summer visitor
in Gravesend Bay and sometimes rare, but formerly abundant. Not well adapted to
Aquarium life.

240

REPORT OF THE COMMISSIONERS OF

102. Eupomotis gibbosus (Liniuvns). SUNFISH. — The common sunfish abounds
in the parks, and living individuals have been received also from Canandaigua Lake,
the Adirondack lakes and elsewhere. It is hardy but subject to fungus attacks, which
yield readily to treatment with brackish water.

103. Micropterus dolomieu {Laccpedc) Small-mouthed Black Bass. — Four-
teen young of the year were received from James Annin, Jr., Caledonia, N. V., on
October 6, 1896. On the approach of cold weather they remained nearly dormant
and took almost no food during the winter, but when the spring was advanced they
fed eagerly and grew rapidly.

104. Micropterus salmoides {Laccpedc). Large-mouthed Black Bass. — Three
indi\-iduals, about four inches in length, were received from Mr. Annin, at Caledonia,
October 6, 1896. They hibernated and almost always refused food in the winter, but
fed ravenously in spring, summer and fall. Young fish from one-half to two inches
long were seined in Bronx River in August, and they prove hardy in captivity.

IC5. Stizostedion vitreum {Mitchill). Pike-Perch; Wall-eved Pike; Pike. —
Mr. James Annin, Jr., of Caledonia, sent two individuals, April 23, 1896, for identifica-
tion. Thev furnished the following notes and measurements in inches:

Length, including caudal,

9
1834

18

Length to end of middle caudal rays.

18

iTji

Depth of body, .
Least depth of caudal p
Length of head, ;
Length of snout. . '

eduncle,

3y.
4^

Diameter of eye, .

1 3

TIT

if

Length of ma.xilla,

2

I yi

Length of mandible.

Dorsal,

Anal, .

2 3^
XIV, I, 2 1
III, II

2Y1
XIV, I, 20
III. II

Scales,

92

93

The pyloric cceca are long and loaded with fat. The male is brassy; the female gray and
whitish.

In November, 1896, and again in the same month of 1897, Mr. Annin had living
adult pike-perch shipped by express from Canandaigua Lake, and a fish was seldom
lost in transportation.

^.vi

.^

/

>0
u

E

CD

E

>

•h-

^_
u

O

q:

lU

<

FISHERIES, GAME AND FORESTS.

241

106. Perca flavescens (.Uitchill). Yellow Perch. — -The species is abundant
in the parks of New York ami Brooklyn. It is a fairly good aquarium fish, somewhat
susceptible to fungus attacks, but easily treated with salt water. Its food is chiefly
hard clam; sometimes live killies are used.

107. Boleosoma olmstedi {S/on-r). Tessellated Darter. — The species was
found sparingly in l^ronx River in August, 1897. A number of individuals were
placed in a balanced tank and are still living at the end of November. They are fed
principally on hard clam, Garmnariis, and, occasionally, earth-worms.

108. Roccus chrysops {Rafincsque). White Bass. — Mr. Annin obtained a
specimen in Oneida Lake, September 4, 1896, and sent it for identification. Its length
is twelve and one-quarter inches, and its weight sixteen and one-half ounces. The
following additional measurements, in inches, were taken :

Length to end of middle caudal rays,

Length to end of scales,

Depth of body, ....

Least depth of caudal peduncle,

Length of head, ....

Length of snout, ....

Diameter of eye, ....

Length of fourth dor.sal s[)ine,

Length of second dorsal ray,

Length" of second anal ray, ........ \IA

iiyi

in.

10

4

if^

3

H

^

if^

i^

109. Roccus lineatus (B/oc/i). Striped Bass; Rockfish. — .\ permanent resi-
dent, but the height of the fishery in Gravesend Bay occurs from October lo to
November 10. Large fish, up to forty-five pounds, are caught in May, but the fall
fish will range from nine to twenty-four inches in length. In the Aquarium the
species is hardy and grows rapidly. Its food consists of killifish, pieces of herring,
shrimp and, occasionally, chopped clam. Many examples have been kept here three
and one-half years, and are still alive.

110. Morone americana {Gmcliii). White Perch. — -This species is never
plentiful in Gravesend ]5ay ; it is abundant in fresh-water lakes of Central Park, New
York, and Prospect Park, Brooklyn. Near Montauk, Long Island, individuals
weighing two to three pounds and more are reported. In the Aquarium the white
perch is very susceptible to fungus attacks, but the parasite is readily killed by
changing the water supply from salt to fresh, or vice trrsa.
16

242 REPORT OF THE COMMISSIONERS OF

111. Centropristes striatus {Linmnus). Sea Bass. — The sea bass makes its
appearance in Gravesend Bay in May. It is not abundant. Tiie young in October
are found in the eel grass, measuring from one and one-half to two inches in length.
The species is well adapted to life in the tanks during all but the coldest months.

112. Orthopristis chrysopterus {Liniucus). Pig- fish. — Several examples were
taken in Gravesend Bay, October 24, 1894

113. Stenotomus chrysops [Liiiincus). ScUP ; PuRGV. — The scup comes into
Gravesend Bay in May, and is taken as late as November. In the Aquarium it lives
until December, and in warmed water can be kept indefinitely. It is thrifty, and is
seldom out of condition.

114. Lagodon rhomboides {Linncriis). Sah.dr's Choice. — Not a common fish
in Gravesend Bay ; it is found occasionally in summer.

115. Archosargus probatocephalus {U'dllhnnii). Siieepshe.M). — Ver\" unusual
in Gravesend Bay. A large example, weighing thirteen pounds, was caught September
16, 1S97, at Coney Island, and brought to the Aquarium, but was badl\- injured and
nex'er recovered. The species is well adapted to Aquarium life.

116. Kyphosus sectatrix {Liumnis.). — Bermud.A ChL'B. — This rare species was
taken in Gravesend Bay in October, i8g6, and again in September, 1897. It is
hardy in the Aquarium, but cannot endure the winter temperature

117. Cynoscion regalis [B/och & Sc/n/aiA-r). Weakfish ; Squeteague. — An
adult example, now living in the Aquarium, has been kept in good condition during
two winters, and is now in winter quarters in the great central pool. At one time a
white membrane covered both eyes, and the fish was supposed to be blind ; but its
eyes are now (December I I, 1897) in perfect condition.

118. Larimus fasciatus {Ho/brook). Baxded Larimus. — An individual was
captured in Gravesend Bay, July 25, 1895, and another one August 2 of the same
year. These fed freely, and were kept in a healthy condition until January 16, 1896,
when the low temperature of the water killed them. The fish is not common an\--
where, and has not before been recorded north of Chesapeake Bay.

119. Bairdiella chrysura {Lacepedc). Yellow-iail ; Silver Perch. — The
young of the silver perch are found every summer in Gravesend Bay, and adults are
to be seen occasionally. On September 8, 1896, Mr. De Nyse took an example one
and one-quarter inches long with a shrimp net in eel grass back of the flats at extreme
low tide. Pools containing two feet of water are common here, and many species of

FISHERIES, GAME AND FORESTS. 243

fish become imprisoned in them. In August, Mr. W. I. De Nyse has captured a half-
dozen adult Hippocampus in such localities. On October 5, 1896, and again in tlie
fall of 1897, the silver perch was obtained in the bay.

120. Sciaenops ocellatus {Linuceus). Red Dklm ; Channel Bass. — A red
drum, or spotted bass, weighing fourteen pounds, was obtained by Mr E. G. 151ack-
ford from New Jersey, and was purchased alive for the Aquarium. At the time of
writing (December 11, 1897) it is in the central pool, and is, apparently, in perfect
health. It swims sometimes immediately under the sand shark. Its food consists of
large pieces of herring, which it takes readily.

121. Leiostomus xanthurus {Lacepedc). Spot; Laf.\YETTE. — Rather common
in Gravesend Bay from July to as late as December, and is well adapted to capti\'e
life. It is most abundant usually in September.

122. Micropogon undulatus {I-niuceus). CRf).\l\i:R. — A very uncommon species
in Gra\'esend Bay.

123. Menticirrhus saxatilis {Block &■ Schneider). Kingfish. — This was
formerly abundant in Gravesend Bay, but it seldom inakes its appearance there now.

124. Pogonias cromis {Liuiuvus). Drum. — The drum is an occasional summer
visitor in Gravesend Bay. In the fall of 1896, fourteen young individuals, eight
inches long, were brought from there alive to the Aquarium, and lived until February
10, 1897, when the low temperature (38") overcame them. In the fall of 1897 none
were seen in the bay.

125. Tautogolabrus adspersus {Walbamii). Bergall; Gunner. — Found
throughout the year. Hardy in the Aquarium. Individuals have been kept three
years or longer. The food is chiefly hard clam.

126. Tautoga onitis {LiniKsiis). Blackfish ; T.\UT0G. — Found during the
entire year. An excellent aquarium fish. Examples now here have been kept longer
than three years, and their growth in some cases is remarkable. They are fed upon
chopped hard clams, live killifish, shrimp and, occasionally, fiddler-crabs.

127. Chaetodon ocellatus {B/oc/i). — Very rare in Gravesend Bay.

128. Teuthis hepatus {Liniueiis). Surgeon; Doctor-fish. — A young
individual, about three inches long, was caught in Mr. John B. De Nyse's pound,
October 22, 1897. It was injured when captured, and lived only a few days in the
Aquarium. The species has not been known before north of Charleston.

244 REPORT OF THE COMMISSIONERS OF

129. Balistes carolinensis (G'w<//«)- Trigger-fism; Turbot. — An uncommon
species in Gravesend Bay, but seen occasionally in the bays opening into the Atlantic.

130. Monacanthus hispidus (^^i'/'kpks). Filefish. — This fish is taken in Graves-
end Bay in moderate numbers occasionally in the fall. Individuals have been sent
from there in September and November, 1897. Some are now (December 11) living
in a tropical tank and feeding freely.

131. Alutera schoepfii {W'albainn). Or.\nge Filefish. — The young are rather
common in Gravesend Bay in August, September, October, and sometimes as late as
November. Adults are rarely seen. The species will not survive the winter except
in warmed water. It feeds freely when the temperature is agreeable.

132. Lactophrys trigonus {Lhnheus). Truxk-FISII. — The only indi\-idual taken
in Gravesend Bay was found in August. 1897; 't was three-eighths of an inch long.
The fish lived a very short time in a balanced jar, although it appeared to feed freely
upon minced hard clam. It is seen oftener in Vineyard Sound and neighboring waters
in the summer.

133. Lagocephalus laevigatus {Limiccns). R,\bbit-fisii ; Smooth Puffer. —
Occasionally taken in the fall in Gravesend Bay. Five young were obtained in
October, 1897. but all of them died in November, notwithstanding that they had been
taking food readily. The temperature could not be endiu'ed,

134. Spheroides maculatus {B/oc/i &■ Sc/iuiiih-r). Puffer; Swell-fish. — The
species is found in Gravesend Bay at all times e.xcept the cold months. It is hardy,
but cannot be kept with other fish because of its predatory habits.

135. Chiiomyterus schoepfii {Waibdiim). Spixv Boxfish ; Burrfish. — The
species is found occasionall)' in small numbers from May to October in Gravesend
Bay, but no very small ones are seen. It lives in the Aquarium in winter only in
water heated to a temperature of 68'^ to 70'' Fahr.

136. Acanthocottus asneus {Mitchill). Mitchill's ScULrix. — This little sculpin
spawns in winter. The eggs have a beautiful green color. The fish is practically a
permanent resident of Gravesend Bay.

137. Acanthocottus octodecimspinosus {Mitchill). Sculpix ; H.\cklehead.

— Taken only in winter and early spring in Gravesend Bay. It u-ill not live in the
warm water of summer in the Aquarium.

138. Hemitripterus americanus {Gmclin). Sea Raven. — The sea ra\en spawns
in November. The eggs are amber or yellow.

FISHERIES, GAME AND FORESTS. 245

The eggs of Hemitriptcrus in the Aquarium, November 29, 1897, are in masses
sticking tightly together. The egg is -j^ inch in diameter, and showing the form of
the fish distinctly. The color of the egg is pale salmon, but is brighter when just
deposited.

139- Cyclopterus lumpus {Liiimzus). Llmpi-ish. — Found in Gravesend Bay in
May. It never lives in the Aquarium longer than a few weeks.

140. Rissola marginata (A- Kay). Slippery Dick. — A rare fi.sh in Gravesend
Bay. A specimen was obtained there October 24, 1894.

141. Gobiosoma bosci {Lacepedc). Goby. — Taken in the oy.ster dredge at
Eaton's Neck, Long Island, in the fall of 1896. The fish lived all winter in a
balanced tank, and took food greedily ; but on the approach of summer all perished.
It seizes its food with a snap, and immediately rushes ofT to conceal itself in a rock
crevice or behind plants.

142. Astroscopus guttatus {Abbott). Stak-GAZER. — An example was caught
in Gravesend Bay October 24, 1S94. It did not live longer than a month in
captivity, and was killed b_v the cold water.

143. Opsanus tau {Limuciis). To.\DFISII. — Not present in the hot summer
months in Gravesend Bay, but can be kept in the Aquarium by careful treatment.
Most of the individuals brought from there to the Aquarium have come in August,
September and October.

144. Pholis gunnellus {Liniuvus). RoCK-EEL ; Butter-FISH. — Taken in the
oyster dredge at Eaton's Neck in the fall of 1896, and brought alive to the Aquarium.
It did not live long in captivity.

145. Zoarces anguillaris (Peck). Mutton-fish ; Eel-pout. — Found in fall
and winter on the fishing-banks. It never endures the warm water in summer.

146. Prionotus carolinus {Li/nunis). Sea Robin. — This species appears in
Gravesend Bay in May, and is caught in the shad fykes. It is the earliest of the sea
robins to arrive.

147. Prionotus strigatus {O/v. &■ Val.). Red-winged Sea Robin. — Makes its
appearance later than P. carolinus.

148. Prionotus evolans {Liuiucus). Striped Sea Robln. — This arrives in
Gravesend Bay later than P. carolinus.

149. Cephalacanthus volitans [Liniuvus). F^lving Gurnard. — An uncommon
fish in Gravesend Bay. An example sent from there October 30, 1897, lived only
two davs.

246 REPORT OF THE COMMISSIONERS OF

150. Echeneis naucrates (Liinicens). Remora ; Sucking-fish. — The remora is
found in Gravesend Bay in summer only, attached to sharks, usually the sand shark,
Carc/iarias littoralis. An example obtained July 28, 1897, lived and fed until Novem-
ber 13, when it ceased feeding, and on November 23 it died because of the low
temperature of the water. In the Aquarium the fish is usually stationary on the
bottom, but will often rise to the surface to take pieces of fish or clam.

151. Merlucius bilinearis {Mitchill). Whiting. — Found in Gravesend Bay in
spring and fall. A poor fish for the Aquarium. One individual lived in a large pool
two months.

152. Pollachius virens {Linncens). Pollack. — The pollack appears in the fall.
It prefers cool water, and will not endure the summer temperature. It is a ravenous
feeder.

153. Microgadus tomcod {Walbaui/t). ToMCOD. — A fall and winter species that
does not live in captivity in summer.

154. Gadus morrhua {Linmrns). Cod. — The cod is abundant in Gravesend Bay
in November, 1897, and thrives in the tanks during the winter and spring, but cannot
be kept later than June without refrigeration of the water.

155. Melanogrammus aeglefinus {Linmctts). Haddock. — This species is not at
all adapted to aquarium life.

156. Lota maculosa {Lc Sucnr). Burbot ; Ling ; Lawyer. — Perhaps one of
the most difficult of the fresh-water fishes to transport. It is easily overcome by
fungus. An individual obtained by Mr. Annin in Canandaigua Lake in November,
1897, is now alive, but may not recover from the effects of the journey.

157. Phycis regius {U'albainii). Spotted Codling. — This fish is found in
small numbers in Gravesend Bay in the fall. It lives in water below 60*^ Fahr., and is
a good aquarium species, but cannot be kept in summer without artificial cold. Its
habit of lying upon the side in imitation of the tautog, and other Labroids, is often
observed here.

158. Phycis tenuis {Mitchill'). Hake. — As a rule, the common hake does not
live in water above 60'^ Fahr., but one example survived during last summer, and is
now in plump condition. In the hot weather it was emaciated, and suffered greatly
from attacks of fungus.

159. Phycis chuss (^r(?//;(?//w). Squirrel Hake. — Found only occasionally in
Gravesend Bay ; it lives in the deeper water off shore.

KISIIKklKS, CAME AND FORESTS. 247

160. Paralichthys dentatus {Linnceus.) Fllkk ; FiajUNDER. — A summer
visitor in Gravesend Hay, arriving in May or June, ami leavini,^ when cold weather
sets in. It does not live in the Aquarium in winter.

161. Bothus maculatus (Mitchill). Spotted Flounder. — The spotted
flounder, or window pane, is not adapted to aquarium life; it delis^hts in cold water.

162. Pseudopleuronectes americanus (WaZ/'a/////). Fi.ateisu. — A permanent
resident, and a good aquarium fish. Individuals ha\e lived two years or longer in
capti\'ity, and their growth has been remarkable.

163. Achirus fasciatus {Laccpedc). American Sole ; Hog Choker. — This
species has been brought from Gravesend Bay every month, except the first four, of
the year. It is a hardy and interesting animal for the Aquarium. Its habit of
clinging to the glass is remarkable.

164. Lophius piscatorius {LiniKcus). Angler; Goosefisil — The angler is
moderately abundant on the fishing banks, and small ones are sometimes taken in
Gravesend Bay. It has never lived in the Aquarium in summer, and no indi\idual
has survived longer than four months at any season. The species seems to need sand,
which cannot be provided for it in our tanks.

165. Pterophryne histrio {Liuiueus). Mousefish. — An individual caught off
the Long Island shore in August, 1897, was brought ti> the -Aquarium in a dying
condition. It is not uncommon in the floating masses of gulf weed in the Gulf
Stream.

As a supplement to the notes upon the fishes of the State, collected for exhibition
and identification, a record of the shipments of living fish and occasional species
intended for study only b\- W. I. De Nyse and John I. De Nyse from Gravesend Bay
during 1895, 1896, and all of 1897, except December, is here given. This is not
based upon exhaustive collections systematically made throughout the year, but upon
the captures made in the pounds and fykes of John B. De Nyse, and in the small nets
employed by the brothers for obtaining fish food, young fish and other marine
animals for the Aquarium. The number of species included in the list is eighty-
seven, which is far from the total of forms known to occur in that bay. Mr. De Nyse
intended to include chiefly the species that were delivered alive at the Aquarium,
and purposely omitted some species forwarded for examination dead. The statement
is the only one now available for publication, and it will be found very useful as the
beginning of a systematic record of the fish faunal conditions.

248

REPORT OF THE COMMISSIONERS OF

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249

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REPORT OF THE COMMISSIONERS OF

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FISlIERItS, GAME AND FORESTS.

251

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R^eporf of Cf)ief Pi^I) and Game
Protector and Forester.

To tl)e Commissioners of Fist)eries, (iamc and Forests:

1 HEREBY submit the following figures showing the work of the Fish and Game
Protectors and Foresters for the fiscal year ending September 30, 1896, and
will venture to say, although I may be charged with egotism, that the figures,
which are facts in every instance, show that a majority of the Protectors are capable,
efificient officers, and have made a good record during the year.

I do not think it necessary for me to make any suggestions relative to legislation,
but will simply refer to certain fish and game, w-hich, in my opinion, must have better
protection, and I trust that the Legislature will continue to see the wisdom of more
restrictive measures before certain fish and game which cannot be successfully
propagated artificially, become exterminated. The game that is most in danger under
the present law are the deer and partridge, and the species of fish that surely ought to
be better protected is the black bass. I am compelled by close observation
throughout the Adirondacks in the past two years to change my mind as to the mode
of hunting deer, and believe that hounding and night hunting must necessarily be
abolished. There is no doubt that with the improved guns now in use and the great
advantages over former years of reaching the most remote points of the forests where
deer inhabit, and the increased number of people interested in the pursuit of deer, a
radical change must necessarily take place in the near future or one of the principal
attractions to the Adirondacks will soon be a thing of the past.

The partridge, which cannot be replaced by any artificial means, are in a fair way

of becoming exterminated unless there is some restriction as to the number one may

kill and possess and more restrictive provisions as to transportation. With section

249 of the present Game Law in force, it is possible for a dealer who is so inclined to

procure express receipts for, say twenty-five game birds, partridges killed out of the

State, and under it sell 500 birds that may have been killed in this State contrary to

law. Birds that are killed out of season in this State cannot be identified and

separated from birds of the same species alleged to have been killeil outside of the

State, when an express receipt for out-of-State birds is presented to a game protector,

who may suspect that the birds are killed near the local market, where they are

offered for sale.
252

REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AM) FORESTS. 253

So long as this section (249) remains a law, it will be almost impossible to convict
for killing or possessing game birds out of season in this State.

The present law regulating the taking and possession of black bass does not
protect that fish at the time when they are spawning and brooding their young.
Therefore, more restrictive laws should be enacted until some means are devised to
artificially propagate them. This matter is, however, treated at length by the State
Fish Culturist in a special article on black bass in another portion of this report, and
I only desire to emphasize the fact that the fish must be protected during their
breeding season if we would [)rcserve them

The legislation suggested in my annual report of 1895 relating to a change in
bringing actions for trespass, which through your efi'orts became a law in March, 1896,
has enabled the Protectors to bring to justice a number of timber thieves and to
institute proceedings whereby many others will be compelled to abandon their wanton
ways and cease denuding the State lands.

All of which is respectfully submitted.

J. WARREN POND,

Chief Fish and Game Protector.

SALMON FISHING.

254

REPORT OF THE COMMISSIONERS OF

3cl)edQle of Prosec^itions for Violations of Ptst) and dame
I^aws from October, 139'), to October, 139^.

TITLE OF case;

COUNTY

PROTECTOR

RECOVERY

People vs

it

Charles Argus,
Fred. Crosby, . /
Burton Dennis, . j
John Morse,

1
Steuben. John I

Yates,

,. Ackley, .

a
a

$54 85
20 00

24 34

■'

Fred. Dorman,
H. E. Hall,

Essex, . F. S. I

li

Total,
5eede,

12 00

$111 IS

People vs

$50 00

..

Harvey Washbond,
Levi Patterson,

104 50

50 00

"

H. P. Jones,

. ■ *

' .

50 00

it

Fred. Greenough, .
William La Roe, .

"

'

31 00
30 days in jail

(.

Horace Lewis,

" . '

,

50 00

"

Mark Sherman,

a I

' , ,

50 00

((

Edward Co.\,

li t

Sentence susp.

a

Edson Beede,

a i

25 00

"

W. Byron Knox, .

"

50 00

(t

Albert Call, .

Charles B. Craig, .
Rich. Amesbury, . |
William Heffer, . j

a (

Monroe, . E. I, I

Total,
jrooks.

25 00

$485 00

People vs

$25 00
20 00

August Pike, . )
Charles Pehtas, . j

(i i

20 00

Fred. Osterly
Joseph Mreyooka,
Fred. Ginegam,
Fred. Schwasman,

10 00
10 00

20 00

20 00

Budette Alberton, .

(( (

20 00

William La Barge,
John Stone, .
John Kline, .
William Spitzer,
Orren Van Husen,

a i

15 days in jail

go 00

140 days in jail

35 days in jail
It ((

William Comstock, \
Edward Drennen, j

Orleans, *

Total

25 00

$260 00

FISHERIES, GAME AND FORESTS.

255

TITLE OF CASE

COUNTY

PROTECTOR

RBCOVERY

People vs

Sidney Cole,

Wayne.

George Carver, .

$25 00

((

George Segar,

•

a

15 00

>(

Frank Dunbar,

'

i(

20 days in jail

n

John Loop,

'

n

25 days in jail

n

Michael Bower, .

tt

25 00

it

Joseph Jones, . .

(

It

20 00

i(

L. Dunbar, .

tt

10 00

((

Merv'in Bull,

<

tt

Sentence susp

<l

William Mosher, .

'

tt

15 00

(4

Ira Converce,

Vinson Burton, . )
Stephen Briggs, j

Dutchess, .

Total,
William Cookingham, .

15 00

$125 00

Peop

e vs

$3 00

I

Elmore Doyle, . ^

i

Lucius Deckern, . j

"

tt

22 35

t
i

Elting Welch, j
Charles Forbes, )

a

li

24 00

i
i

Charles Traver, . 1
F. Tinklepaugh, f

ti

(^

25 00

i

•Harry Stewart,

(i

tt

I -i t;o

•

William M. White,

t<

u

J
10 50
13 00

•

Edward Herrick, .

((

tt

(

Eugene Wyant, . i

*j y

C. H. Holdridge, . l

(.

ti

15 00

((

George Bell, . j
L. F. Potter,

Wyoming, .

Total
T. H. Donnelly, .

$122 25

People vs

$25 00

I

R. J. Fitzmanice, .

a

10 00

'

J. C. Gailbraith, .

10 00

(

A. M. Wisner,

n

10 00

I

D. R. Sedom,

a

10 00

a

A. H. Southard, .
Howard Simons et al., .

Columbia. .

ti

Total,
Ira Elmendorf,

10 GO

$75 00

People vs

$25 00

"

Charles Jennings. .

a

j

a

Orrin J. Turner, .

Greene,

i "

20 00

a

Ira Roase, . . )
Webster McVey, . (

<(

Ulster,

It

Total,

10 00

$55 00

256

REPORT OF THE COMMISSIONERS OF

TITLE OF CASE

People vs. Budd Hopler,

" Clarence Potter, .

A. E. Wilcox,
" Frank Cooper,

" Henry Yager,

" William Constable,

" James L. Baitley,

N. F. Fenn. .
'■ Robin Clark,

" Edwin Utter,

" Ray Palmer,

Scott Bishop,
" James E. Livingston,

" George Bard,

" Edward Carr,

" Alphonzo Bailey,

'• Ephiram Walrath,

" George F. Rathbone,

" Henry Rathbone, .

Gilbert Flint,

Howard W. Eldridge,
" Howard Gould,

" Bruce Silvey,

M. S. & M. H, HoUister
" Eugene Moak,

" Austin Ridge,

" Dore Hughes,

" Otis Gardner et al.,

" A\'illiam Brooks et al.,

W. D. Talbott, .
" Frank Harrington,

" George Link,

" G. H. Sponible et al,
" Lyman M. Denning,

Morrill Parker,
•' Burton Aplin et al.,

" Thomas Dellillis, .

C. Wykoff, .
" Fred. E. Co.x,

" Seymour Hoag et al..

J. B. Stebbins,
" Lewis Rider,

" James Wicks et al..

COUNTY

PKOTECTOR

Broome,

Otsego,

Schoharie,
Otsego,

Broome,
Otsego,

Delaware,
Ostego,

L. S. Emmons,

RECOVERY

$40

00

50

GO

35

00

40

00

40

00

100

00

■5°

00

40

00

25 days in jail

30

00

25

00

25

00

25

00

10

00

20

00

100

00

100

00

100

00

20

00

SO

00

ICO

00

5°

CO

40

00

30

00

50

00

90

00

160

00

Sentence

3USp.

175 00
13 00

5° °°
90 00

19 5°
Sentence susp.

40 00

FISHERIES, GAME AND FORESTS.

257

TITLE OF CASE

COUNTY

PROTECTOR

RECOVERY

People vs

George Myers,

Otsego,

L. S. Emmons, .

$10 00

'•

Dorr (iardner.

10 00

ii

George A. Yates,

il

"

50 00

li.

B. Sheldon et al..

((

"

36 90

((

David Donovan,

((

, ,

15 00

li

John Alpin, .

1

{(

24 60

il

W. Bowen, .

f

ii

Linn Holmes,

Chenango, .

u

25 00

u

Lewis Craft,

)

u

Stephen Carley,

[

Otsego,

<c

45 00

C(

George Smith,

f

Total,

$2,224 00

People vs

William N. Cole, .

Lewis,

Eugene Hath way.

$32 25

•'

Nicholas Valin,

((

27 00

It

Edgar Pickard,

'•

35 00

a

Byron Class,

.<

Sent to jail

1.

Samuel McFerrin,

St. Lawrence,

51 00

((

J. Carancniss,

Lewis,

75 00

u
•<

Harrison Burnham.
Henry Jones,
George Dobson, .
Hiram Wormwood.

1 " • •

25 00
35 00
20 00
45 00

"

George F. Beck, .

'■ .

25 00

a

James McClaer, .

St. Lawrence,
Onondaga, .

Total,
Spencer Hawn,

20 00

M. De Line,

$39° 25

People vs

100 days in jail

((

E. Dunham,

Oswego,

u

$50 00

((

John C. Brazee,

Oneida,

4(

25 00

Albert Belknap,
Adelbert Landers,

}

Oswego,
Queens,

Total,
S. Hesbach,

20 00

Peter Patterson,

$95 °o

People vs

$25 00

People vs

C. E. Gardener, .

Richmond, .

Edgar Hicks,

$25 00

it

E. S. Strong & Co.,

New York, .

u

118 81

ti

Bernard Brinks. .

Kings,

((

10 00

17

258

REPORT OP" THE COMMISSIONERS OF

TITLE OF CASE

People vs. Lewis Kunz et al.,
" Peter Pfeier et al.,

Henry Heck,

People vs. Charles Crouch et al.
" Ross Springsteed, .

People vs. Martin Talbot,

People vs. Louis Bishop,
" Henry Wooden,

" Frank Adams,

People vs. Leonard Lent,

" Leonard McCloud,

" Thomas Watts,

People vs. Carl Strevel,

People vs. Robert Flansburg,

" Joseph Spohr,

" William Roberts, .

'■ Leroy Smith,

" G. W. Sturdevent,

" Javoc Froutz,

" John Moland,

" Thomas Thomas, .

" Menzo Osburn,

" John Robinson,

" Wallace Holcomb,

COUNTY

Kings,

Franklin,

Columbia,
Dutchess,
Putnam,

Rockland,
Orange,

Herkimer,

Cayuga,

Onondaga,
Cayuga,

PROTECTOR

Edgar Hicks,

Total,

Broome, . James Holmes,

Carlos Hutchins,

Matthew Kennedy.

Total,

Willett Kidd,

Total,

A. B. Block,

James H. Lamphere,

Total,

RECOVERY

$50 00
50 00

$263 81

$100 00
10 GO

Total, $110 00

$16 50

$25

00

100

00

102

00

$227

00

$25

00

Sentence

susp.

50

00

$75

00

$15

$10 00
10 00
10 00
10 00

25

00

24

00

26

00

22

00

$

137

00

FISHERIES, GAME AND FORESTS.

259

TITLE OF CASE

COUNTY

PROTECTOR

RECOVERY

People vs

George J. Odett, . |
Merton Curry, . j

Delaware, .

J. D. Lawrence, .

20 days in jail

People vs

Millard Whitbeck,

Monroe.

John E. Leavitt, .

$15 00

a

Louis Young,

"

ti

10 00

a

Frank Smith,

"

ii

10 00

Michael Ashland, . )
William Pouport, . j

Saratoga, .

u

Sentence susp.

«

Byron Harris,

Fulton,

u

20 50

<c

Oscar Curtis,

Montgomery

il

10 00

it

E. S. Emerson, . 1
Eugene Knowles, . j

Herkimer .

it

20 00

(C

Edwin Benjamin, .

Montgomery

tt

Total,

25 00

$110 50

People vs

E. Ricketson,

Essex,

J. W. Littlejohn, .

$25 00

"

R. C. Darhng,

Franklin, .

it

25 00

a

Darwin J. Day, .

a

Total,

75 00

$125 00

People vs

Lorenzo Lawrence,

Saratoga, .

E. J. Lobdell. .

$10 00

tL

Henry Early,

Hamilton, .

41 50

tt

Francis Bishop,

•

81 00

Jacob Wagner, . (
Robert S. Anibal, . \

Fulton,

50 00

"

Richard Davenport,

Hamilton, .

12 days in jail

((

William A. Paige,

a

(( (t

It

Banajah Paige,

it

ti a

li

C. M. Smith,

a

60 00

1(

L. E. Woodbury, .

Fulton,

"

10 00

<(

C. A. Conant,

Hamilton, .

Ci

Total,

40 00

$292 50

People vs

John Genack,
J. J. Seavey,

St. Lawrence

B. H. McCollum,

$20 00

SO 00

(t

M. Grady, .

tt

C(

16 00

(<

Whitfora,

ti

ti

15 00

26o

REPORT OF THE COMMISSIONERS OF

TITLE OF CASE

People vs. Charles Lobdell, .
" Everett Peck et al.

People vs. Ed. Horton,
" Frank Horton,

" Edward Frasier,

" Walter Allen,
" George Rogers,

" Orrin Soper,

" M. VV. Doxtater,

" Fred. Davis,

W. McDougal
" H. Maranthus,

" Eara Purceval,

A. B. H. Marre.
" William P. Paterson

" W. Dormetzer,

J. H. Hoadley,

People vs. Frank Dowler,

People vs. Cornelius Dingman,
E. O. Bartlett,
" George Best,

People vs. A. Dieckman,
" John Mutz, .

" Charles Voight.

" George Floss,

" Joseph Swartz,
" Isaac Josephs,

" Philip Young,

" Edward Young,

Chester Sky,
" Anderson Charles
" A. K. Webster,

COUNTY

St. Lawrence

PROTECTOR

RECOVERY

B. H. McCollum,

Total,

Jefferson, . Joseph Northup,

$15 00

77 °°

$193 00

$2C

Total,

Chautauqua, F. M. Potter,

20

00

10

75

•5

00

ss

00

5° 75

52

00

5

00

5

00

s

00

5

00

$246

5°

Oswego,

Erie,

Niagara,

O. S. Potter,

Total,

$40

$25 00
25 00

51 75

$101 75

D. N. Pomeroy,

Sentence susp.
$10 GO
10 00
I o 00

10 GO

Sentence susp.
30 °°

10 GO
IG GO
14 60

FISHERIES, GAME AND FORESTS.

261

TITLE OF CASE

People vs. .\lijah Brooks,

'■ William Hahn,

" John Henan,

" David Jones,

" Louis Bohm.

'• Frank Browning,

'• Michael Maker,

'• Julius Goietzmen,

People vs. Salem Town,

William J. Cook, .
" A. J. Garrett et al..

People vs. Joseph Demarsh,
'■ S. Shattuck,

People vs. D. Kavanaugh,
" Benjamin Sutton,

" Herman Klinetop,

" James DuBois,
'• John A. Quick,
" Charles \V. In galls,
" Jacob Isnor,
" George Miller,
" Arthur Richardson

William Ryan,
" William Pruner.

People vs. John Williams,
" George Ramb,

'• Eugene Adams,
'• Robert Knight,

" Fayette Searle,

'• William Brondart,

COUNTY

Erie,

St. Lawrence

Washington
Warren,

Livingston

Ontario,

((

Schuyler,
Ontario,

Cattaraugus

PROTECTOR

D. N. Pomeroy,

RECOVERY

Trjtal,

$10 00
20 00

5 0°
20 00
10 00
10 00
15 00

$194 60

J. W. Pond,

Total,

S. M. Prouty,

$153 10
107 85
150 00

$410 95

$5 GO
I T 00

Total,

W. L. Reed,

$18

00

$25

00

20

00

15

JO

10

00

50

00

26

45

Sentence

susp.

Total,

Barnard Salisbury.

15 00
10 00
Sentence susp.
15 00

$186 45

40 days in jail
$25 00
10 00
25 00
15 00
1 5 00

262

RErORT OF THE COMMISSIONERS OF

TITLE OF CASE

COUNTY

PROTECTOR

RECOVERY

People vs. Min Waring,

J. W. Osborne, .

Cataraugus,

(4

Saratoga.

((

Oswego,

Warren,

a
ii
n

Seneca,
Oswego,

Barnard Salisbury,

Total,

Nicholas Shaul, .

Total,

A. A. Warren,
Alvin Winslow, .

ii

Total,

M. C. Worts,

Total,

$IO OO
lO OO

$IIO OO

People vs. Elmer Riley,

William Cady, . )
Niles Cady, . f

$40 00

25 00

■' ;

$65 00

People vs. Henry Stevens, . j
" George Parkhurst. J

$20 00

People vs. H. A. Maxam,
'' Adolph Shields,

F. Beadleston,
" Sampson Ellis,

$20 00
10 00
10 00
20 00

$60 00

People vs. Norman R. Smith,
" Lewis Cornwall, .

$100 00

12 SO

$112 50

FISHERIES, GAME AND FORESTS.

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REPORT OF THE COMMISSIONERS OF

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FISHERIES, GAME AND FORESTS.

291

3cbe(lQtc of Prosccattons for Violations of Fist) and dame
I5aws for tl)e Fiscal ^ear Ending September, )0, 1396.

§Y 3pecia( Protectors.

TITLE OF CASK

COUNTY

PROTECTOR

RECOVERY

People vs. Ira Trask,
A. \\'ardell,

Hamilton, .

Onondaga, .
Cattaraugus,

Westchester,
Wyoming, .

Franklin,

Herkimer .
Suffolk,

Adirondack Club,

Total,

Fred. Barnes,
George Bush,

n

it
tl

Total,
Jos. Canepi, Jr., .
G. W. Crandall, .
Robert Eddy,

George Fayzette, .

John Ferguson, .

$18 40
$27 CO

$45 40

People vs. William Hudson, . ]
" E. W. Armstrong, . i"

$40 CO

People vs. William Wind,
" Jacob Wind,
" George Wallhouser,
Leo Collins,

3 mos. in jail

$20 00
3 mos. in jail

$20 00

People vs. Frank Mandsland et al.,

$160 GO

People vs. Edgar Kemp,

$15 00

People vs. F. L. Collins,

$10 GO

People vs. Charles Wallace, . ]
" Dennis McCannell, (

$80 00

People vs. M. S. Conkling, .

$5 00

292

REPORT OF THE COMMISSIONERS OF

TITLE OF CASE

COUNTY

PROTECTOR

RECOVERY

People vs

Edwin Sage,

Cattaraugus

, Henry French,

$15 00

People vs

Wesley Lee et al.,

Putnam,

Chas. Knox,

$130 00

((

James Giggs,

Westchester

25 00

((

Samuel R. Free,

Dutchess,

C(

50 00

n

John B. Olivette, .

tt

Total,

25 00
$236 00

People vs

Robert Burnhardt,

Richmond,

John W. Lisk, .

$25 00

"

G. Fisher,

ii

ii

1 5 00

((

A. B. Sisson et al.,

"

it

50 00

"

Michael Graber, . ]
William Doll i"

Kings,

u

10 GO

T T A X 1 At-^LX A J. ^ \J y 1

Total,

$100 00

People vs

Fred. Thompson, .

Monroe,

Simon Marshall, .

$10 00

ii

Theo. F. Hildt, .

ii

(t

10 00

11

Jos. Bonfeldt,

n

((

10 00

Albert Schultz,
Jos. Schneider,

ii
it

it

n

10 00
10 00

K

John Beinline,

it

ii

10 00

ii

Henry Rogisky, .

it

ti

12 days in jail

((

Rubin Jones,

ii

it

15 00

Richard Burton, .
Frank Doel et al.,
William Nash,

li

It
tt

15 00

3° °o

1 5 00

((

Andrew Ward,

"

1 5 00

t(

Valentine Deitrich,

ti

<<

25 00

n

William Sells, . (
Chas. Sells, . . \

ii

te

20 GO

ii

Frank Bell, .

It

it

IG 00

ii

William Nash,

ti

ii

20 00

ii

William Brasch, Sr. and Jr.

ii

a

20 00

ii
ii

Jos. Young, . . ]
Peter Bittner, . [

ii

t(

30 00

Total,

$275 GO

FISHERIES, GAME AND FORESTS.

293

Edward Snyder,

People vs. George Oatman,
" George Vraman,

People vs. Frank DuBois,
" Herman Potts,

Jacob Coon,
William Simmons,
William H. Coon,

People vs. George E. Sellick,

St. Lawrence,

Dutchess,

St. Lawrence,

Total,

Jos. Sterling,

Total,

Chas. Van Steenberg,

Total,

O. S. Webber,

TITLE OF C.^SE

COUNTY

PROTECTOR

RECOVERY

People vs. Edwin Pettitt et al.,
" Darvin Vannatta,

Saratoga, .

It

Ontario,
Oswego,
Montgomery

Saratoga, .
Monroe,

Michael McQuinn,

Edwin Oakley, .
G. E. Sackett, .
C. S. Scharff,

H. W. Schumann,
A. C. Smith,

$102 00
20 00

$t22 00

People vs. Henry Corey,

$10 00

People vs. E. A. Stevens,

$50 00

People vs. Melvin Smith,

$75 00

People vs. L. K. Aagard, . |
" Peter Rasmussen, . (

$22 50

People vs. William Warncy, .

$10 00

$20

00

$15

00

25

00

$40

00

$10

00

20

00

10

00

H

85

$54 85

$25

00

294

REPORT OF THE COMMISSIONERS OF

Illegal Devices ^eig-ed and Destro^^ed Daring tt)e Fiscal ^ear
landing September )0, 1096.

John L. Ackley.

MONTH

Fyke
Nets

Trap
Nets

Gill

Nets

Squat
Nets

Set
Lines

Seines

Pound
Nets

Spears

Value

November. 1895, .

2

$10 00

December, "

3

3

32 00

April, i8g6, .

3

10

28 00

May, " .

2

6

46 CO

June, "

4

5

62 GO

July, " .

5

I

I

52 CO

August, " .

II

I

57 00

September, "

3

14

6

96 00

Total,

$383 00

E. I. Brooks.

October, 1895, .

3

I

$75 0°

November, "

4

4

190 00

December,

7

7

106 00

May, 1896, .

7

2

178 00

June, " .

6

1

I

5

•

92 75

July, " •

3

3

3

106 25

August. "

10

2

214 00

September, "

3

2

I

123 CO

Total,

$1,085 °°

George Carver.

October, 1895, .

2

2

$125 00

November, "

I

50

5

1,070 00

December, '■

5 i

3

Tipups

140 00

January, i8g6, .

4'

116

.

438 00

February, •'

1

10

17 GO

March, "

2

Set Lines

•

2G GO

April,

18

I

40 00

May, " .

3

2

2

66 00

June, " .

2

I

3

75 00

July, " .

38

405 00

August, "

1

7

265 00

September, "

I

25 00

To

tal.

$2,686 00

FISHERIES, GAME AND FORESTS.

295

T. H. Donnelly.

MONTH ^y^^
Nets

Trap 1 Gill
Nets 1 Nets

Squat
Nets

Set
Liues

Seines

Pound
Nets

Spears

Value

April, 1896, . 7

2

2

$500 00

L. S. Emmons.

October, 1896,

I

$25 00

Eugene Hathway.

October,
November,

1896, .

1.

:
I

2

. .

. -

Total,

$4 00
20 00

$24 00

Spencer Hawn.

October,

1895,.

I I

7

I

$377 50

November,

•'

4

129 00

December,

"

16

3

. .

413 00

April,

1896,

9

I

173 75

May,

li

I

•4

320 00

June,

a

2

47 °o

July,

i(

2

66 00

August,

((

3

65 00

September,

((

8

_

213 00

To

tal.

$1,804 25

E.

A. Hazen.

June,

July,

August,

1896, .

it

5
3

I

6
9

Total,

$34 5°
42 00
64 00

$140 50

Edgar Hicks.

May,
June,

189 ,

Total,

$40 00
25 00

$65 00

296

REPORT OF THE COMMISSIONERS OF

Sebastian Hesbach.

MONTH

June, 1896,

Fyke
Nets

Trap
Nets

Gill
Nets

Squat
Nets

Set
Lines

Seines

Pound

Nets

Spears

I

■ '

$15 00

Matthew Kennedy.

October,

1895,.

I

$10 00

A. B. Klock.

May,

1896, .

I.

j

$70 00

James H. Lamphere.

October,

1895,-

I

November,

•• ..

I

December,

•1

2

April,

1896, .

14

December, 1895,
April, 1896,

$38 00

I

153 °o

10 00

145 00

Total,

$346 00

J. D. Lawrence.

August,

1895, ■

1

$1 50

John E. Leavitt.

Total,

$245 00
33 00

$278 00

EmMETT J. LOBDELL.

May, 1896,

$70 00

Byron

H. McCOLLUW

.

April,
August,

1896, .

4
2

Total,

$8 00
18 00

$26 00

FISHERIES, GAME AND FORESTS.

297

Bentley S. Morrill.

MONTH

Fyke
Nets

Trap
Nets

Gill
Nets

Squat
Nets

Set
Lines

Seines

Pound
Nets

Spears

Value

November, 1895, .
December '■

I
6

3

Total,

$20 00
145 °°

$165 00

Joseph

NORTHUP.

October,

■895, ■

I

_

6

$47 00

November,

"

4

4

54 00

December,

u

3

45 00

March,

1896, .

I

23

46 00

April,

(i

4 3

170 00

May,

((

5

2

2

I

143 00

Jutif,

a

I

.

10 00

July,

li

4

.

I

45 °°

August,

it

I

5

27 00

September,

ti

3 2

3

4

.. 1 ^

151 00

Total,

$738 00

James H. O'Brien.

June,

1896, .

I

1 1
1
I I

1 1

$23 00

Daniel N. Pomeroy.

October, 1895,
November, "
December, "

February, 1896,
March, "

April, '•

May,

June, "

August, "

2
33

Total,

$440

00

335

00

170

00

45

00

40

00

60

00

260

00

140

00

5

00

$1,495

00

O. S. Potter.

May,

1896,

$50 OG

298

REPORT OF THE COMMISSIONERS OK

S. M. Prouty.

MONTH

Fyke
Nets

Trap

Nets

Gill
Nets

Squat
Nets

Set

Seines
I,ines

Pound

Nets

Sppars

Value

April, 1896, .

4

$47 °o

Wallace L. Reed.

October, 1895,

December, "

March, 1896,

April,

May,

June,

July.

August,
September,

70

Total,

$24

00

22

00

3

50

i6

00

54

00

5

00

6

00

8

00

4

00

)i42 50

Riley M. Rush.

December, 1895,

May, 1896,
June, "

July,
September, "

$300 00

70 00

10 00

■

65 00

Total,

60 00

$505 00

Bernard Salisbury.

January, 1896,
February, "
May, "

June, "

July,

Total,

$3 0°
10 00

75° °°
242 00
300 00

$1,305 00

William A. Ten Eyck.

November, 1895,

KISIIKRIKS, GAME AND FORESTS.

299

George B. Smith.

MONTH

Fyke
Nets

Trap
Nets

Gill
Nets

Squat
Nets

Set
Ifines

Seines

Pound
Nets

Spears

Value

November, 1895, .
April, rSgC, .
May, •' .
July, " .
August, "

4

2

I

I

I
I

'

I

8

2

38

I

Total,

$30 00

33 00
19 00
56 00
43 0°

$181 00

Illegal Devices 3ei^ed and Destro^^ed Daring the fiscal ^lear
Ending >3eptember 30, 1<S96, bv; v5pecial Prelectors.

Fyke
Nets

Trap
Nets

Gill
Nets

Squat
Nets

Set
Lines

Seines

Pound

Nets

Spears

Value

John F. Benton, .

2

$12 50

Noel W. Conger, .

I

I

4

84 GO

Simon Marshall, .

4

I

12

104 50

Allen C. Smith, .

25

6

3

183 CO

Joseph Sterhng,

I

3

4

2

98 50

William Harris, .

41

3

I

266 00

T{)e (3dirondacI> Deer.

THERIi were 347 more deer killed this year (1896) in the Adirondacks than in
1895. Although the period for hounding had been shortened from one
month to two weeks, there were 280 more deer killed ahead of the hounds
in these ten weeks than in the four weeks allowed in 1895. Shortening the hound-
ing season did not lessen the number of hunters and hounds; it merely resulted in
bringing them all there together. As a consequence, there was not oply the same
number of hunters, but, as they were all hunting at about the same time, every
runway was fully manned and few deer escaped. If hounding is to be permitted,
the period may as well include four weeks as two.

The statistics compiled from the various localities indicate a decrease in the
number killed by "jacking" or night hunting as compared with t]ie previous year.
This may be due to the moonlight nights which occurred during the first part of the
jacking season, and the cold, foggy niglits later on. In St. Lawrence County, where
hounding is not permitted by law, and where the hunters rely largely on night
hunting for their venison, there was also a decrease in the number killed by
* jacking.

It will be noticed in the table submitted herewith that a few deer were killed in
St. Lawrence County by hounding in violati(in of the law. Some of these were shot
by hunters who were running dogs illegally, but most of them were deer that were
killed on the border, having been driven there by hounds that were put out in an
adjoining county.

The large number of deer shot in St. Lawrence County, which are included in the
column marked "still Inmting," were not hunted by the method usually known by
that term. These deer were killed by what are known as evening shots, daylight
shots or morning shots ; that is, they were killed for the most part while feeding
along the ponds or water courses, the hunter in such cases using a boat, in which he
sits concealed or paddles noiselessly to within easy range of his game. This kind of
hunting, like jacking, is destructive to the does, for they frequent the water in greater
number than the bucks. Many of the does killed this way have young fawns, which
are left to starve.

Moreover, the deer killed at this time of year — when they frequent the lake
shores to feed — are weak and thin in flesh ; the \-enison is tough, tasteless, and
mighty poor eating. The same animals in October and November would weigh
one-third more and furnish good venison.

REPORT OF THE COMMISSIONERS OF FISHERIES, C;AME AXD FORESTS.

301

Our game law is at fault in this matter. It should not permit the killing of deer,
by any method, until they have attained their full weight anil until the females have
reared their young. It might as well permit the robbing of spawning beds. No
other State or Canadian province allows its deer killed before the first of October.
But the deer law in New York was made for the benefit of the "summer people"
instead of the protection of game. It is ridiculous to argue about the propriety of
hounding and at the same time permit the shooting of lean, nursing does in August.

r/ATED.

Our State has not so man)- tleer that it can afford to give ten weeks deer shooting,
while Michigan, Wisconsin, Minnesota and Ontario find that three is all that can be
safely granted.

Reports from the Catskill counties indicate that the deer which were liberated
there in July, 1895, ^'^^ doing well, and appear to be increasing in number. Where
they have been observed, they seem to be large and vigorous. As only forty-five
were turned loose, some time must still elapse before the region can be fairly stocked.
A few deer cross the Delaware River each year from Pennsylvania into the Catskill
forests, but no more than will offset what are killed by the Sullivan County people,
who succeed in getting a bill through the Legislature occasionally permitting them to
kill them. The period in which deer shooting is prohibited by law in the Catskills
should be extended five years more.

302

REPORT OF THE COMMISSIONERS OF

If the experiment of re-stocking that region with deer is to have a fair trial, there
should be 200 more deer brought down from the Adirondacks and turned loose there.
The forest area of the Catskills is three-fifths as large as that of the Adirondacks and
would support 15,000 deer. The expense of catching 200 live ones and transporting
them to the State Deer Park in Ulster County would require an appropriation of
$2,000 ; but it would be money well expended. Our forests can and should be made
to furnish a food supply as well as timber. The State does not hesitate to vote

A RABBIT HOUND.

annually large sums for the propagation of fish. Why not appropriate some money
for the propagation of large game ?

The statistics furnished here showing the total number of deer killed in the
Adirondack forests are believed to be fairly correct and approximating closely to
accuracy. If anything, they fall short of the actual number rather than exceeding it.
In obtaining these figures, the entire region was divided into 149 districts, each with
clearly defined and well-known boundaries. Reports were obtained from some
competent person in each district, who was duly cautioned to include only the
specified territory assigned him and to avoid reporting any deer that were killed

FISHERIES, GAME AND FORESTS. 303

outside such limits. In some cases, to secure greater accurac)-, reports were obtained
from different persons in the same district, and these returns were carefully compared
and inquired into.

The total number Icilled in 1896 as thus reported is 5,247. If the proposed law
prohibiting jacking and hounding is enacted, the number killed each year will
not exceed 1,200, the greater part of which will be killed in August and earl\-
September, when the weather is warm enough for the deer to come down to the
water at evening to feed. After that, in October, the sportsmen will have to depend
on still hunting, in which only the expert hunter will be successful.

It is highly important that the number killed each year should be ascertained
accurately, and by some method which will preclude any criticism of the figures. To
this end, some law should be enacted compelling every person who kills a deer to
report it to this Department, together with full information as to the date, locality,
and sex. The weight, if known, should also be included in the report. Failure to
report a deer that is killed should constitute a misdemeanor, with a proper penalty
attached. The accurate and undoubted information thus obtained would form a
valuable basis for legislation regulating the hunting of this class of game.

We append here, also, the statistics showing the e.xact numlier of carcasses shipped
by the express companies during the open season of 1896, and the number shipped
from each railway station. From these reports it appears that 849 entire bodies were
transported from the woods, and that in addition to these there were 139 saddles or
parts of bodies and 100 buck heads. The largest shipments were made from North
Creek (149), Beaver River (Si) and P'ulton Chain (73). In publishing these figures of
the transportation companies, the Commission desires to acknowledge the valuable
courtesies extended by i\Ir. John L. VanValkenburg, superintendent of the American
Express Company, and Mr T. M. Smith, superintendent of the National Express
Company.

The number thus shipped out of the woods may seem entirely disproportionate to
the number reported as killed ; but the reasons for this are fully set forth in our report
of last year. Of the 899 deer killed in St. Lawrence Count}', only 61 were shipped
out by rail.

It may be interesting to note, in connection with these matters, the number of
deer killed in other States. Through lack of accurate statistics, we are unable to give
the figures, except for the State of Maine. From the annual report of the Commis-
sioners of Inland Fisheries and Game of that State, it appears that 8,947 deer were
killed in the season of 1896; also, 250 nToose, 239 caribou, and 160 bears. The
published statements of the railroads in Maine show that the shipments of venison, or
number of carcasses, by rail bear about the same proportion to the total number killed

304

REPORT (JF THE COMMISSIONERS OF

in the State, as the shipment of deer from the Adirondack region to tlie total number
killed in New York.

Under the law in Maine, requiring that guides shall be licensed, 1,316 men
registered as guides since July I, when the law went into effect. From the annual
report the following facts also appear : The total number of days' employment
furnished these guides during the open season, aggregated 51,918 ; at $3 per day, the
usual price, this amounted to $155,754 paid in wages to these men, while, in addition,
over $50,000 went to the taxidermists in that State. The number of residents guided
was 3,384; non-residents, 7,125. It was estimated that the non-residents who
employed guides expended within the State at least $2,000,000.

The number of deer killed in Maine exceeds that of New York ; but more bear
were killed in the Adirondacks (to say nothing of the Catskills) than in Maine — the
bounties paid in the Adirondack counties showing that 349 deer were killed in one
year in Northern New York. It will be noted also, that in the State of Maine there
are 1,316 registered guides, while in the Adirondacks there were only 626, in 1893, as
indicated in the list published by the Superintendent of Forests, in the annual report
of the Forest Commission for 1893 — a full and complete list giving the post-office
address of each, and which was prepared with the assistance and co-operation of the
guides in each locality.

AN OPEN SHOT.

1-ISHERIES, GAME AND FORESTS.

305

ADIRONDACIS F0RE3T3.
Nambcr of Deer ISillcd in 1^96.

COUNTY

Night
Hunting

Hounding

still

Hunting

Total

Bucks

Does

Clinton, .....

58

1

65

33

32

Es.sex,

26

258

9'

375

218

'57

Franklin, .....

170

748

I 16

'.034

477

557

Fulton

4

38

12

54

26

28

Hamilton,

31°

775

21 2

1.297

("sg

638

Herkimer. ....

.56

50'

■23

780

431

349

Lewis, .....

67

262

30

359

.78

i8i

Oneida, .....

6

20

26

n

IS

Saratoga, ....

I

3

4

2

2

St. Lawrence, ....

444

21

434

899

398

5°i

Warren. .....

32

267

23

322

166

'56

Washington, ....

25

7

32

1 I

21

Total, ....

1,215

2.974

1,058

5.247

2.610

2,637

20

3o6

REPORT OF THE COMMISSIONERS OF

3l)ipments of Deer.

AMERICAN EXPRESS COMPANY.

Adirondack & St. Lawrence Railway.

Big Moo.se, N. Y.

Beaver River, "

Childwold, "

Clearwater. "

Fulton Chain, "

Forestport, "

Horse Shoe Pond, "

Lake Placid, "

Lake Clear Jet., "

Loon Lake, "

Little Rapids, "

Long Lake, "

Malone, "

Minnehaha, "

Mountain View, "

McKeever, "
Owl's Head,

Otter Lake, "

Paul Smith's, "

Poland, "

Piercefield, "

Remsen, "

Rainbow Lake, "

Saranac Lake, "

Saranac Inn, "

Tupper Lake Jet., "
White Lake Corners, "

Woods Lake, "

Total,

Entire body ; head not severed.

FISHERIES, GAME AND FORESTS.

307

Carthage & Adirondack Railroad.

OFFICE

Benson Mines,
Harrisville,
Natural Bridge,
Newton Falls,
Oswegatchie,

N. Y.,

Total,

carcasses

18

12

4

saddles

45

HEADS

Fonda, Johnstown & Gloversville Railroad.

Cranberry Creek, N. Y,,

2

(iloversville, "

2

Johnstown, "

I

Northville,

Total

65

7

■3

70

7

13

Little Falls &: Dolgeville Railroad.

Dolgeville,

N. Y.,

New York Central & Hudson River Railroad.

Fonda,
Little Falls,

N. Y.,

Total,

Northern New York Railroad.

Brandon,

N. Y

7

■

Bay Pond,

I

Childwold,

4

Kildare,

8

2

Le Boeuf,

I

Madawaska,

II

3o8

REPORT OF THE COMMISSIONERS OF

Northern New York Railroad. — Continued.

OFFICE

CARCASSES

SADDLES

HEADS

Spring Cove, N. Y.,

Santa Clara, "

St. Regis Falls. "

Shanley, " .......

Tupper Lake, " ......

WiUis Pond, "

lO
I 2

5

5
6

2
2

I

I

12

3

Total, ....

69

6 > i8

Ogdensburg & Lake Champlain Railroad

Winthrop, N. Y.,

Rome. Watertown & Ogdensburg Railroad.

Canton, N. Y., ......

Carthage, " ......

Gouverneur, " ......

Potsdam, "

Redwood, "

2

2
2

3

I

Total

4

4

4

Utica & Black River Railroad.

Alder Creek, N. Y., . . .

2

2

Boonville, '•

3

I

Carthage, "

I

Castorland, '•

6

I

Glendale,

1 2

I

I

Lyons Falls, "

3

Lowville, "

4

Prospect, "

'4

6

Port Leyden, "

2

Trenton,

I

Total,

47

1 1

2

FISHERIKS, GAME AND FORESTS.

309

RECAPITULATION.

OFFICE

Adirondack & St. Lawrence Railroad, .

Carthage &: Adirondack Raii.koad,

Fonda, Johnstown & Cloversville Railroad,

Little Falls & Dolgevili.e Railroad,

New York Central & Hudson River Railroad,

Northern New ^'ork Railroad,

Ogdensburg & Lake Cham plain Railroad,

Rome, Watertown & Ogdensburg Railroad, .

Utica & Black River Railroad.

Grand Total,

C.\RC.\SSES S.^DDLES I HEADS

397

102

57

45

9

s

7°

I

7

I

69

I

4
47

636

4
1 1

'.59

18

4

2

3l)ipments of Deer,

NATIONAL EXPRESS COMPANY.
Delaware & Hudson Railroad.

OFFICE

North Creek, N. Y.
Stony Creek.
The Glen,
Thurman,
Saranac Lake,
Port Henry,
Riverside,

CARCAS.SES.
149

I I

2
2

6

Total, .

213

TI)e TI)ree I\ost Important (lame ?)iMs

Of tt)e State of New ^orl^.

By H. a. surface, M. Sc,

[Fellow in Vertebrate Zoology in Cornell University, Ithaca, N.Y.]

A

" GAME BIRD " has been defined as "one

which is suitable for food, and which is

habitually pursued for sport, demanding

skill and dexterity for its capture." (F. A Bates,

in "The Game Birds of North America ")

Again, " a game bird is one that
lies to the dog, and can be shot only
while on the wing." (H. D. Minot,
in " The Land and Game Birds of
Eastern North America")

No two definitions of " a game
bird " will agree, and none will be
entirely satisfactory

There are no natural or scientific
boundaries by which birds that are
hunted for sport differ (as a group)
from other birds, and so it might be
said that a game bird is one that plays
in a game which on one hand is sport
to the hunter, and on the other, life or death to the bird.

A GOOD POINT.

Tt)e Raffed droase. Bonasa umbellus (Linnaeus).

The classification of this noble game bird is as follows:

Order GALLIN.4i — The Gallinaceous Birds.

Family Tetraontdci- — The Grouse, Partridges, and Quails.

Family characters : Hind toes small (much less than half as long as lateral
toes), and inserted above the level of the anterior toes. Tarsi without spurs. Head
entirely feathered (in American species) except sometimes over eyes. Tail not
vaulted or arched.

REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS. 31I

Subfamily TetraonincB — The Grouse.

Subfamily characters : Gallinaceous birds with the margins of the toes distinctly
pectinated in winter ; the tarsi at least half feathered: the nasal fossae densely filled
with feathers (so as to completely enclose and partially conceal the nostril) ; sides of
neck often with an inflatable air sac. A bare (usually red or yellow) space over eyes.

Genus BONASA Stephens.

Bonasa Stephens, Shaw's Gen. Z06I. xi, 18 19, 2q8.

Type, Tetrao bonasia Linn.

Tetrastes Keys. & Bias. Wirb. Europ., 1840, p. Ixiv.

General characters : Tail fan-shaped, its feathers very broad, soft, as long as the
wings; eighteen in number. Tarsi naked for the lower half; covered with two rows
of hexagonal scales anteriorly. Sides of toes strongly pectinated (in winter). Side of
neck with a tuft of very broad, soft feathers. Portion of culmen between the nasal
fossae about one-third the total length. Top of head with soft crest.

Bonasa tmtbclhis (Lmnaeus). RuFFED GROUSE.

Popular synonyms : " Partridge " (in New England) ; " Pheasant " (in Southern and
Western States) ; Ruffled Grouse ; Drumming Grouse.

Habitat. — Eastern United States, south to the Gulf coast (?). [Replaced from
Manitoba, northwestward, and also in the Rocky Mountains, by a gray race {Bonasa
umbellits uinbclloides), and on the coast of Washington, Oregon, and British Columbia
by the dark rusty Bonasa luiihcllus sabini (Douglass).]

Specific characters: Above ochraceous-brown finely mottled with grayish; the
scapulars and wing-coverts with pale shaft-streaks, the rump and upper tail-coverts
with median cordate spots of pale grayish. Tail ochraceous-rufous, narrowly barred
with black, crossed terminally with a narrow band of pale ash ; then a broader one
of black, this preceded by another ashy one. (In specimens from the Alleghany
Mountains and New England States, the tail usually more or less grayish to the base,
sometimes entirely destitute of rufous tinge.) Throat and foreneck ochraceous.
Lower parts white (ochraceous beneath the surface), with broad transverse bars of
dilute brown, these mostly concealed on the abdomen. Lower tail-coverts pale
ochraceous, each with a terminal deltoid spot of white, bordered with dusky. Neck-
tufts brown or black. Length, 18.00; wing, 7.20; tail, 7.00 (in.). />;««/,? smaller,
and with the neck-tufts less developed, but colors similar. Young (No. 39,161 St.
Stephen's N. B. ; G. A. Boardman) : brown above and dingy white beneath ; a rufous
tinge on the scapulars. Feathers of the jugulum, back, scapulars, and wing-coverts
with broad median streaks of light ochraceous, and black spots on the webs ; jugulum
with strong bufT tinge. Secondaries and wing-coverts strongly mottled transversely.
Head dingy bufT, the upper part more rusty; a postocular or auricular dusty patch,

312

REPORT OF THE COMMISSIONERS OF

and a tuft of dusky feathers on the vertex. Chick : Above light rufous, beneath
rusty white; uniform above and below; a dusky postocular streak inclining down-
wards across the auriculars. Bill whitish. ("History of North American Birds."*)

This beautiful bird is found from the Eastern United States westward to the edge
of the Great Plains, and from Northern New York, Southern Ontario, Canada, and
Minnesota, southward to Northern South Carolina and Northwestern Georgia,
Tennessee, and Arkansas. In the northern portion of its range it is found in the
lowlands, and in the southern, in the highlands. In the northern part of this State it
intergrades with a gray variety, the Canadian Ruflfed Grouse, known as Bonasa
umbclhis togata, R. It breeds throughout its range and is highly appreciated as a
game bird and as an article of food for man. The habitat preferred by this bird is a
hilly, wooded country with much undergrowth and some meadows and cultivated
fields near by. During the close season or period when protected by law, and during
the early part of the open season, it is very confiding and is often seen out in the
open fields; but when the fall shooting commences, it soon learns to keep near or in
the brushy woods. They commence to mate in March, when the loud and characteristic
booming or drumming sound of the male may be heard. He selects a log near the
edge of the woods, and after considerable strutting, spread of tail and show of black
rufT or neck-feathers, he stretches himself on his perch and commences to beat the air
vigorously with his wings, at first rather slowly, but soon with such rapid vibrations
that one would scarcely believe that voluntary muscular fibre can be made to move so
rapidly.

There has been much discussion as to how this drumming sound is produced, some
persons holding that it is caused by the wings striking the log; others say that the
wings strike the inflated body of the bird ; but it is now generally agreed that the
sound is made by the feathers of the wings cutting rapidly through the air. The
noise produced is of the same nature and practically made in the same manner as the
whirring sound of the bird's wings when it suddenly takes flight by being frightened.
Although the drumming is mostly done in the spring time, the sound may be heard
almost every month of the year, and it is probable that it is for the purpose of
notifying the female of his whereabouts. The same drumming site is usually selected,
not only from day to day and month to month, but from year to year. This habit of
the birds in frequenting one spot has often led to their destruction, as boys frequently
place snares arranged with spring-poles along the log and catch the grouse by their
necks. There they are found hanging dead. However, this is now illegal.

• These descriptions are from R. Ridgway, in " The Ornithology of Illinois," Nat. Hist. Survey
of 111., Pt. I, Vol. II.

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FISHERIES, GAME AND EORESTS.

313

RUFFED GROUSE ON NEST. (PHOTOGRAPHED BY GRANVILLE HILLS.)

It has been known to nest
in the central part of this
. State as early as the first of
April, but this is rather un-
usual, as the nesting season
for this species usually com-
mences about the first of
May. These birds have ap-
parently learned the possible
dangers to which their brood
would be exposed by late
snows and frosts, and so they
delay the nesting until tlie
signs of the times denote the
certainty of spring weather.
A remarkable feature of this
bird is the fact that it often chooses its nesting site quite near the paths or road-
ways of man, depending upon its protective coloration for concealment. During
the past year several nests have been seen very near to well-trodden paths. The
nest is usually but a slight excavation in the ground near a tree, log, or rock, slightly
lined with dead leaves, dry grass, or pine needles. From eight to sixteen eggs are
laid in one nest. They are ovate in form and average 1.65 x 1.25 of an inch in size,

in color varying from milky
white to pinkish buff. Many
are spotted with small round-
ed dots, varying from brown
or drab to reddish, although
many are seen that are not
at all speckled or spotted.

The young hatch from the
eggs in eighteen to twenty-
four days and are able to run
from the nest at once, being
what are technically known
as precocial birds. Now, let
appear on the scene an ob-
ject supposed to be an enemy

RUFFED GROUSE NEST. (PHOTOGRAPHED BY GRANVILLE HILLS.) and SCC hoW the yOUng

314 REPORT OF THE COMMISSIONERS OF

instantly disappear at the note, " Quit, quit," the first sound they may have heard in
their young hves. As the intruder comes near the family, see how the mother feigns
lameness and flutters along on the ground just beyond reach of the person's hand,
uttering a plaintive cry until she thinks she has decoyed him to a distance that means
safety for her young. Now she bursts through the trees in full flight and in one
second is forty rods from her pursuer, leaving him confused and chagrined and unable
to find the spot where the precious young lie in concealment or safe protection by
their earth- like coloration. And when the mother utters that low call that may be
translated "All's well," see how they spring up from places where they had no cover,
and you wonder how it was that you could not have seen them in their hiding.

The soft little bills cannot now break heavy coverings of seeds, neither can the
tender little gizzards comminute the rough weed seeds that might become the food
of the parents ; so insects are caught and fed to them, and they are at once taught
to catch insects for themselves. The male, who has been away on voluntary absence
during the summer, returns and struts and chuckles as if to say, " See what Ttv
have done with our little hatch-it." He is sufficiently prosaic, however, to " take
a hand" (or rather put in his bill) in family afTairs and aid in the capture of bugs,
beetles, flies, moths, grubs, worms, etc., as well as in hunting berries and other soft
fruits for the sustenance of the progeny. It is at this time that the young are
especially liable to be injured by exposure to cold and wet weather, and by numerous
pests and enemies. (See "Enemies.") They may be found quite approachable at
the beginning of the shooting season, and when not too closely hunted may remain
together as one covey until the following spring; but after being much hunted, they
become quite alert and very wild and scattered. They fly into trees and remain so
quietly perched against the trunk that even the eye of an expert fails to detect their
presence. When the snow is on the ground they are especially likely to alight in a
tree, and at such times they are often hunted with a barking cur. Their attention is
so completely given to the dog that the hunter is often able to shoot several as they
sit in the tree. It is believed by many persons that all the birds in the tree may be
shot by commencing with the lower one and dropping them, one at a time, but this
is denied by good authority. Although during the summer they eat many insects,
berries, grapes, beechnuts, seeds, and other fruits, they also eat many leaves and buds,
especially the seeds and pulp of skunk cabbage and the leaves of Bishop's cap (Tiarclla).
They are very fond of buckwheat at all seasons. In the winter, when snow is on the
ground, their principal food is buds of various trees and shrubs, such as birch, poplar,
and maple trees and cedar berries, witch-hazel flowers, the leaves and berries of the
wintergreen, squaw berries, and the leaves of the peppermint. " Kalmia leaves, which
are sometimes eaten by them in winter, are said, on good authority, to make the flesh

FISHERIES, GAME AND FORESTS. 315

temporarily poisonous for man, and the fact that the birds' food directly affects their
flesh is exemplified in the delicious aromatic flavor of grouse that have been feeding
extensively upon birch buds and wintergreens, the grateful odor pervading the
whole house when such birds are so unfortunate as to get upon the hot kitchen stove
just before dinner time." (Dr. R. T. Morris, in " Hopkins Pond and Other Sketches.")

Enemies.

The greatest enemies of this valuable bird are insect pests, hawks, owls, foxes,
raccoons, lynxes, skunks, squirrels, cats, dogs, etc. The snowy owl {Nyctea 7iyctea),
being diurnal as well as nocturnal, is an especial enemy of the grouse, as is also the
American goshawk {Accipiter atricapilliis).

Specimens of the goshawk have been received at Cornell University containing
the remains of the ruffed grouse, and in February, 1896, one was shot in the
Adirondacks by Mr. Ezra Cornell, Jr., while in the act of devouring a rufifed grouse
which it had just killed.

The wolf {Cafiis lupus) is now too rare in the State of New York to be considered
an important enemy of this bird, but the red fox {Vulpes vulpcs) is by far too
abundant in almost all parts of the State, and appears to make this bird one of its
choice articles of diet.

The remains of several grouse were found at a fox den near Danby, N. Y., in March,
1897, ^nd in many other cases it has been known to fall prey to reynard. Like all
other carnivorous mammals, the fox not only eats the adult birds when it can catch
them, but delights in an opportunity to surprise a flock of half-grown or very young
birds, and even devours the eggs while they are in the nest, lying by the nest in wait
for the old bird herself.

The fox will scent a brood of young birds and follow them for a long time, even
until nightfall, when it will spring among them after they have stopped for the night
and play fearful havoc with the covey. Sometimes it will learn the direction the
birds are moving, and by a circuitous route establish itself in front of them, lying in
wait concealed in a clump of bushes or weeds. When the birds come within reach, it
will snap right and left and secure one or two fine birds as a prize for its cunning.

The raccoon [Procj'on lotor) kills and eats the young birds especially, and loses no
opportunity to destroy a nest of eggs.

Skunks {Mephitis mcp/iitica) are probably the greatest enemies of eggs in the nest,
and the destruction annually wrought by this means is beyond calculation or belief.
In fact, in certain localities more eggs are destroyed by skunks than are permitted to
remain and hatch.

A serious enemy of the young grouse is a tick or fly of the entomological family
Hypoboscidcc. This miserable parasite fastens itself deeply into the skin and li\-es by

316

REPORT OF THE COMMISSIONERS OF

sucking the blood of its host. Contrary to the habits of most insects, it is viviparous,
giving birth to living young. When it fastens on the head or back of a grouse chick,
it is quite likely to prove fatal. Many birds are supposed to be destroyed annually
by this means. The)' are also often seriously infested with lice and with a species of
bot-fly {CEstrida), the larva of which is sub-dermal, living in the flesh of its victim.

Protectiox.

((i). Trap, shoot or poison the carnivorous and ovivorous animals.

(/'). Prohibit the use of snares or traps for grouse.

((-). Prohibit their sale in the markets after the first of December.

((/). Establish inter-state laws to regulate the killing, transportation, and sale
of all game.

(e). Establish a limit as the ma-\inium legal number for any one person to kill in a
seas(3n or have in his possession.

(/"). \\'here a person really cares to do something for his liirds, mure good can be
accomplished than may be believed by mixing a teaspoonful of insect powder in each
of the dusty wallows which the birds frequent for the purpose of freeing themselves
from vermin.

{g). During prolonged periods (if snow on the ground, establish feeding places
where early each morning food may be strewn for them. This food may be grain or
seeds of any kind, ])ieces of fruits or x'egetables, crumbs and scraps from the table, etc.

AFTER GROUSE.

FISHERIES. GAME AND FORESTS. 317

Tl)e ^ob-WI)ite or Qaail. CoHnus virginianus (Linn.)

The quail belongs to tiie same order and family as the ruffed j^rouse, but to the
subfamily Pcrdicince — the Partridges.

Characters of subfamily : Tarsi and toes entirely naked ; nasal foss;e unfeathered,
protected by a naked scale. Sides of toes without pectinations at any season. Sides
of neck without any inflatable air-sac, and no bare space over the eyes.

Genus Colinus Lesson. Ortyx Stephens; Shaw's Gen. ZooL, XI, 1819. Preoc-
cupied. Type, Tetrao virgiiiianiislAnn. Colinus Less.; Man. II, 1828, 190. Same type.

General characters : Bill stout ; head without crest ; tail short, scarcely more than
half the wing, composed of moderately soft feathers. Wings normal ; legs distinct,
well developed, the toes reaching considerably beyond the tip of the tail ; the lateral
toes short, equal, their claws falling decidedly short of the base of the middle claw.

Colimis virginianus (Linnseus). Bob-White.

Popular synonyms : "Quail" (in New England and most portions of the Mississippi
Valley); "partridge" (in Southern States and parts of the interior); American quail;
Virginia quail; partridge or colin.

Habitat — Eastern United States, north to Massachusetts and Ontario, south to
Georgia, Alabama, Louisiana and eastern Te.xas (?), west to the edge of the Great
Plains. Replaced in Florida by the smaller and much darker Colinus virginianus
floridanus Coues, and in central Texas, north to western Indian Territory, by a much
lighter colored Colinus virginianus texanus (Lawr.).

Specific characters: Adult male : Pileum and stripe on side of head mixed black
and rusty, the former prevailing; broad and distinct superciliary stripe; chin and throat
white. Upper parts mottled rusty and grayish, the scapulars and tertials spotted with
black, the latter with inner webs broadly edged with ochraceous. Jugulum mixed
rusty black and white ; abdomen white, with irregular V-shaped bars of black ; sides
rusty, streaked with black and white. Adult female : .Similar to male, but superciliary
stripe and throat ochraceous, and pileum, together with stripe on side of the head,
mostly rusty. Young: Pileum and auriculars dull grayish ; superciliary stripe and
throat dull dirty whitish ; jugulum and breast dull grayish brown, with whitish
shaft-streaks; abdomen plain dull white; back rusty brownish, with whitish shaft
streaks and black spots. Doivny young : Head dingy buff, with an elongated dusky
auricular spot ; and on the crown an oblong patch of chestnut rufous. Total length
(fresh specimens), 9.50-10.50; extent, 14.00-15.50 inches.

When the warm sunshine of early spring is awakening life to renewed activities
and " A livelier iris glows upon the burnished dove," then it is that Bob White's fancy
"lightly turns to thoughts of love," and with a pardonable pride characteristic of the

3l8 REPURT t>F THE COMMISSIONERS OF

sex, the male loudly proclaims to all passers-by tidings of his newly-found treasure,
"The Greatest Thing in the World — Love."

Standing erect, majestic, proud, haughty, defiant, he calls, in a loud, clear voice from
the top of the rail fence, " Bob White," " Ah ! Hob White," and the country boys know
the quails are mating. But ah ! what different words are those sounds to the com-
panion of his choice for the year, as she with due feminine modesty quietly searches
under the black bushes nearby for a suitable place to deposit her life's treasures and
rear her young safe from the molestation of skunk, weasel, fox, raccoon, cat or dog, or
the prying boy, or the thoughtless and ignorant drivers of the cruel reaper.

According to latitude the quail nests from the first of March to the first of June.
In the State of New York they generally nest during the month of May. In the early
part of this month the males fight like veritable little furies for the possession of the
females, and the choice having been made with a great deal of chattering, bowing and
strutting, the pair quietly steal away through the tangles of grass and bushes on a
house-hunting expedition. Having apparently settled upon a general location for
nesting, they next select a spot where there is a natural depression in the ground, in
some slightly protected place, as under tall grass, weeds, low bushes or brushwood,
and after clearing out the depression, or making a shallow excavation for themselves,
they proceed to fill it with blades of grass and a small quantity of other suitable lining
material. Sometimes the nest is laboriously and snugly arched over. The male often
takes part in the nest construction as well as sometimes in the incubation of the eggs,
and he often carries food to the female while she is incubating. From fourteen to
thirty pointed white eggs are laid, and after about twenty-four days the young come
forth and run about almost immediately. In fact they have been seen running from
the nest with pieces of the shell still clinging to their backs.

They are fed on insects, and soon learn that their lives depend upon their own
sharp eyes and swift movements. Contrary to the habits of many birds, but in
accordance with others, the male helps to feed the young, and the family remains
together as a flock or covey until spring, when they mate and the pairs separate from
the flock to begin the pleasures and duties of summer anew.

Where there are two broods the male even takes the babies of the first brood off"
into the fields and cares for them until he is joined by his mate with the second family.

Although the food of the young is mostly insects, they gradually add berries, other
fruits, and nuts to their articles of diet as they grow older until their menu finally
includes buckwheat, wheat, rye, oats and corn (most of the cereals being gleaned from
the fields after harvest), locust-seeds, wild pease, tick-trefoil {Dcsiiioiiiiiiii). smart
weeds {Polvgonitiii), sunflowers [Hcliaiitlnis), bitter weed {Arti-inisia), partridge berry
(il//A //(■//(?), wintergreen (C/(7«//'/^iv7rt), nanny berries {I'il'iiniiiiii), wild grapes {]'itis).

FISHERIES, GAME AND FORESTS. 319

small berries, especially strawberries {Frugaria), and raspberries and blackberries
{Knbiis).

In June, this year, a fine male was brought to the writer. It had killed itself by
flying against a wire, near Ithaca, N. Y., and upon examination its crop and entire
enteron were found to be filled with wild strawberries.

They are easily kept in a state of semi-domestication, .nid when not disturbed form
a very valuable and beautiful feature of a woods, large lawn, or park.

There are but few birds that are more keenly alive to the benefits of protection or
the evils of persecution. When they are much hunted they become very wild and
scattered, like their cousins the Ruffed Grouse under similar circumstances. They
are more easily domesticated than the grouse, and we have often seen them around
the lawns or barnyards of persons who could appreciate and encourage them. There
they contentedly mingle at times with the domestic fowls or feed jo}-ously among the
pigs and cattle of the farm.

Although it is true that they sometimes migrate, they are generally permanent
residents at any one spot where they find suitable conditions as to both open ground
and cover, food, water, and protection.

The_\- breed throughout their entire range, or that part of North America in which
they occur, and ha\e one, two, or it is said sometimes three broods in a year,
according to latitude anil conditions. In the State of New York but one brood is
reared annually, although farther south there are more. Where there is but one
annual brood the number of eggs laid at one nesting is largest, being from fifteen to
thirtw tnit where there are two broods the number of eggs in the first nest is about
twelve to twenty, and in the second from ten to fifteen or fewer. Cold and damp
weather is very dangerous to the life of the young, and when they are about half grown
they are the favorite article of diet of almost all the carnivorous mammals and birds.

Like the other members of this order, the quails when frightened fly up with such
a whirring noise as to startle any intruder by the sound produced by the rapid
vibrations of the wings in the air, but when taking flight to move from one place to
another of their own choice and not in the presence of supposed enemies, the whirring
sound is not audible. This is also true of the grouse.

The covey keeps together, generally on the ground, and moves in harmony in the
same general direction, under ordinary circumstances ; but when an enemy appears
they scatter in every direction. Some may be seen alighting on the ground and
running, others remaining motionless after alighting, others hiding in bushes or
perching in trees. The beautiful valley quails or helmet quails of California when
disturbed always fly directly into the live oak trees and are at once efTectually
concealed and protected. At night and during rainy, snowy or very cold days, they

320 REPORT OF THE COMMISSIONERS OF

collect in groups on the ground in a sheltered spot, as under a log or roots of an old
stump, bush pile or fence corner, forming a circle, with their tails pointing in together
and their bodies touching, sitting as it were in the radii of a circle, ready to fly
outward in every direction toward the circumference the instant an alarm is given.
When not molested, they may remain as long as two days and two nights (if there be
deep snow) in this spot without moving; but if they are driven from this by being
frightened by an enemy, they forsake it forever, as a rabbit does a " form " where it
has been discovered. When they take flight from such a resting-place, the noise of
their whirring wings is so great that it has been compared to the veritable explosion
of a miniature dynamite bomb.

One probable reason for their absence in the northern part of the State of New
York is the deep snow fall, which annually would cover them to such a depth as to
cause the death of the entire covey. It is almost impossible for them to escape the
injurious effects of the very deep snow, and especially when a crust forms over them
it is almost certain to prove fatal. They also suffer greatly from starvation during
prolonged periods of snow, and persons living where these ver}- useful and beautiful
birds occur, cannot do a more beneficial or charitable act than to scatter on the snow
seeds, grain, or crumbs, in order that their feathered friends may be nourished in
time of need and distress. They are not found in great abundance in any part of our
State, but are more numerous on Long Island than at other places. Efforts to trans-
plant them into the Adirondacks have not been crowned with as great success as was
anticipated, although a few colonies are to be found in the vicinity of Lake George,
where they were introduced by artificial means some years ago.

The quail is of great economic value aside from the fact that it is a favorite
popular game bird, and also becomes an important and valuable item in the food of
man. The food of the young is almost exclusively insects, and the adults are also
among the farmers' best friends as insect destroyers. Another important item of no
mean consideration is the vast number of weed-seeds which they destro)* annually.
There is probably no bird of greater economic value, and consequently every means
should be taken to protect and encourage this worthy bird.

The Virginia quail has been introduced into Europe, but it is not much liked there
because it is said to drive off the gray partridge or European quail, which is
considered better food for man.

Cases of quails killing themselves by flying against wires, walls, or buildings are
not rare. It appears that they fly with such terrific force when once frightened from
cover that they do not take time or have opportunity to choose their exact course
until it is too late. It is probable that in their hurried flight they watch their
pursuers more closely than the objects toward which they move.

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FISHERIES, GAME AND FORESTS.

321

For the proper protection and propagation of this bird it would be well to

(rt). Prohibit its sale as "game."

{b). Enforce a five year " close season."

{c). Recognize them (legally) as the property of the man upon whose premises they
occur, and not to be shot, excepting by his consent,

{d). Destroy the carnivorous animals that become their enemies.

{e). Encourage them (by feeding and other kindnesses) tobecome semi-domesticated.

(/). Be particularly careful to feed them during severe winter or prolonged snow,
and if possible give them shelter.

[g). Preserve a strip of woodland or hillside in natural thicket in which they may
find refuge when too severely persecuted.

{h). Be especially careful to watch for their nests in cultivated fields, particularly
during haying season, and plainly mark their exact locality (by a stake with a cloth
tied to it) in order that horses and wheels of reapers and wagons may not crush the
precious eggs.

A GO AT THE QUAIL.

21

322 REPORT OF THE COMMISSIONERS OF

Tl)C WoodCOC}^. Philohela minor Gmelin.

The classification of this interesting and peculiar bird is as follows :

Order Limicolce — The Shore Birds.

Characters: Precocial wading birds, usually of small size; distinguished from the
Herodioncs (herons, etc.) by precocial habits and many striking differences of structure,
and from the PaliidicolcE (cranes, rails, etc.) by their lengthened, usually pointed,
wings and small rudimentary hind toe, the latter member being sometimes wanting.

Family Scolopacidm — SxiPES AND SANDPIPERS. Tarsus rounded in front, where
clothed with a single row of transverse scutellae. Bill exceedingly variable, short or
long, straight, slightly recurved or decidedly decurved, but more or less expanded
laterally at the end, which is more or less sensitive. Hind toe usually present ; rarely
absent.

Subfamily ScolopaciucB.

Characters : Bill straight, longer than the middle toe and tarsus ; back of tarsus
with a continuous row of transverse scutellse. Ears situated directly underneath the
eyes; tip of upper mandible thickened, with cutting edges brought near together;
plumage the same at all stages and seasons.

Genus Pliilolula Gray. PJiilohcla Gray, List Genera, 1841, 90. Type, Scolopax
minor Gmelin.

Generic characters : Body very full, and head, bill, and eyes very large. Tibia
short, feathered to joint. Toes cleft to base. Wings short, rounded, the three outer
primaries very narrow and much attenuated ; the fourth and fifth equal to the longest.
Tarsi stout, shorter than the middle toe. Hind claw very short, conical, not extending
beyond the toe. Tail of twelve feathers. The present genus, embracing a single
species, the American Woodcock, is much like Scolopax, with the European Woodcock
as a type, in color and external appearance. The most striking difference is seen in
the wings, which are short, rounded; the fourth and fifth primaries longest, and the
outer three abruptly attenuated; while in Scolopax the wings are long, the first primary
longest, and none attenuated.

Philohela minor Gmelin. American woodcock.

Popular synonyms: Bog-sucker; mud snipe; blind snipe.

Scolopax minor Gmelin. S. N., i, 1788,661. Wils. Am. Orn. vi, 1812,40, pi.
48, fig. 2. Aud. Orn. Biog. iii, 1835, 474, pi. 268.

Specific characters : Bill long, compressed, punctulated near the end ; upper
mandible longer than the under and fitted to it at the tip ; wings moderate, three
outer quills very narrow; tail short; legs moderate; eyes inserted at an unusual
distance from the bill.

FISHERIES, GAME AND FORESTS.

323

Adult ; Occiput with three transverse bands of black, alternating with three much
narrower ones of pale yellowish rufous ; upper parts of body variegated with pale
ashy, rufous, or yellowish red of various shades, and black ; large space on front and
throat reddish ashy ; line from the eye to the bill and another on the neck below the
eye brownish black ; entire under parts pale grayish rufous, brighter on the sides and
under wing-coverts; quills ashy brown; tail feathers brownish black, tipped with
ashy, darker on the upper surface, paler and frequently white on the under; bill light
brown, paler and yellowish at base ; legs pale brownish.

Dozo/j' Young: General color light reddish buff, or isabella-color, uniform on the
lower surface. Line from bill to eye, a large, somewhat elliptical patch covering the
forehead and fore part of the crown, a patch on the occiput (connected with that on
the crown by a narrow isthmus), and a narrow mark behind the eye, with an oblique
one below it, very dark chestnut ; broad stripe down the rump, also dark chestnut ;
stripe down the nape, and various large blotches on the back, wings, etc., rather light
snuff-brown. Total length about 28 centimeters (11 inches); wing, 12 to 14.50
centimeters (4.80 to 5.70 inches); tail, 5.75 centimeters (2.25 inches); bill, 6.35
centimeters to 7.60 centimeters (2.50 to nearl\- 3.00 inches); tarsus, 3.20 centimeters
(1.23 inches) ; middle toe, 3.50 centimeters (1.37 inches).

The generic name of this bird, " Philohela," comes from two Greek words, philos
(loving) and hetos (a bog), in allusion to its habit of frequenting swamps. The specific
name, " minor," refers to its size in comparison
with that of the I^uropean woodcock {Scolopax
rusticola).

This bird is a summer resident in the State
of New York, breeding in suitable localities
throughout the state. It has been known to
remain at least once during the winter, in shel-
tered places in the southern part of the state.
In America this bird is found from the Gulf
to the British Provinces, and from the Atlantic
westward to the Great Plains. It breeds through-
out its entire range, but it is perhaps the most
erratic game bird we have, as it appears to
maintain at least a local movement for almost
each mc^nth of its summer residence. It arrives
in this state in March, and at once commences to
mate. As it flies through the air, it produces
a series of notes, probably its love-call, which

SETTER HEAD.

324 REPORT OF THE COMMISSIONERS OF .

is very singular and pleasing, sounding like the water whistles that we often hear
blown by boys. It is claimed by our best authorities that this noise does not come
from the syrinx or "voice box" of birds, but from the wings, being produced by the
wing striking the air.

Athough the male and female woodcock do not differ essentially in color, the sexes
may at once be recognized by size, the female being much larger. In the markets
she is often called the " wood hen."

These birds, like others of their family and order, do not have a musical voice with
which to attract or charm their mates, so the male does his wooing by executing the
most amusing little jigs and antics before the bird of his choice. This may make him
appear very absurd to the " outsider," but when we remember that even the lugubrious
owl, the emblem of solemnity and wisdom, resorts to the same ridiculous tactics to
secure the affection of his mate, we may be lenient in passing sentence upon our modest
and shy little "game bird." It often nests as early as April ist, which is quite too
early to insure the safety of its brood in this latitude, as late snows and frosts often
destroy its eggs or young. It then nests again, often in the same locality, but
generally changing its abode. It has been seen on its nest in this state as late as the
last of June.

The numbers of specimens of this species found in any one region are often
directly dependent upon the climatic conditions during the early springtime. During
some seasons none but old birds may be found in the swamps during the late summer,
pointing to the fact that their haste in spring wooing resulted in the destruction of
their offspring. One great peculiarity of this bird is the fact that its eyes are placed
far back and toward the top of its head, over its ears. This is probably not so much
to protect the eyes as to enable it to see any object' that might forebode approaching
danger. In order to adapt its vision to its crepuscular and nocturnal habits the pupil
of its eye is very large, as in other nocturnal birds — e. g., the owls. On account of its
naturally dilated pupil the bright glare of the noon-day sun blinds it to such a degree
that it can not see sufficiently clearly to fly with safety in the bright light. We have
recorded several authenticated cases of woodcock having been injured or killed by
striking against objects in its flight.

During the month of August the woodcock are to be found not in the swamps as in
the springtime, but in the thickets, woods and groves of the uplands or hillsides along
the valley. As they steal quickly over the dry ground they may leave no scent, and
thus elude the dogs. This condition is doubtless what has given rise to the popular
fallacy that certain gamebirds like the woodcock and quail are able to voluntarily
withhold the scent of their bodies and thus baffle the keen nose of a trained dog in
attempting to locate them.

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FISHERIES, GAME AND FORESTS.

325

In October the birds have their full coats of new feathers and may be again
found abundantly in their old haunts — the swamps. They commence their fall
migrations in this month, and by the last of November have gone to winter in the
Southern States.

This bird is altogether crepuscular and nocturnal in its habits, feeding at night by
probing in the mud with its long, soft, sensitive bill. The sensitive nature of the bill
renders it possible for the bird to distinguish by the sense of feeling whether it has
found a stick or a worm, and if the latter, it is generally able to suck it from the
ground without withdrawing its bill. This has given rise to the common name of
"bog-sucker" in some localities. It has the peculiar faculty of separating its
mandibles near the tip by making a compound curve in the upper one. This is for
the purpose of using the two parts of the bill as finger and thumb in probing the mud
and feeling for its food without having to
open the mouth widely at the base of
the mandibles.

The holes or borings of the bird are
plainly visible as clear-cut, neat, deep
holes in the mud of swamp or moist field.
By these signs the hunter is able to locate
the feeding-grounds of the birds. Now
if he wishes to find them he may do so
by going to the copse or brushy hillside
nearby, or in the woodland not far from
the swamp. By hunting carefully in such
regions he may flush the birds singly, and
as they fly up in a decidedly corkscrew-
like path a person must be indeed an
expert with a gun in order to bring them
down. However, if the first shot misses
there will be an opportunity for a "straight-
away" shot with the second, as the bird
when thus surprised straightens its course
and flies as if to get away from that spot
by the nearest possible route, which must
be a straight line. When it alights it
suddenly drops into the grass, leaves
or bushes, and often does not again
move until actually kicked out, or flushed

WOODCOCK.

326 REPORT OF THK COMMISSIONERS OF

by a dog. But the birds may also be found in the day-time hiding in the tall grass
in the swamp. This territory may be thoroughly hunted one day and no birds found,
while on the next day they may be found on the same grounds, having come in
during the night.

When these birds migrate, as well as when they move to or from their feeding-
grounds, they fly singly. If an observer should stand by their feeding-swale or swamp
an hour before dusk he could see them suddenly twisting down in spirals as if from
the sky, or skulking from grassy tussocks in the marsh or the brushwood on the
hillside. Their whistling sound is characteristic and often guides the hunter to
their site.

When food becomes scarce in the swamps, or when too much water accumulates
there, they may even penetrate the depths of forests, where they find food, such as
worms, larvs, etc., by turning over damp leaves with their bills. Little or no nest is
made. Sometimes a natural depression in the ground will suffice, and sometimes only
a curled leaf is used.

The woodcock usually lays four eggs, varying in size, shape, and color, but the
average size is about 1.50x1.20 of an inch, or 3.80x3. centimeters. The ground
color is stone gray or buff or brownish, spotted and blotched with brown, gray, and
lilac markings. They hatch in about sixteen days or longer. They have been known
to carry their young to feeding-places ; some persons holding that this is done by the
bill, while others claim to have seen the young carried by being held between the
thighs of the parents.

The young are precocial, being able to run about as soon as hatched, and are
able at once to understand and obey the warning voice of the mother to conceal
themselves when she suspects danger to her precious brood. They emerge from the
shell from the first of May to the first of July, and certainly are very peculiar and
mteresting little stilted bunches of gray down. Nature protects the young by not
giving their bodies the odor by which the adults may find each other, yet which
enables dogs and other keen-nosed animals to locate them in turn. Students of
ontogeny and phylogeny might say that this argues for a development from an
odorless ancestry.

Protection.

Woodcock are becoming more scarce almost every year. What are the reasons ?
Surely their natural enemies are on the decrease. The only advancing foe with which
they come in contact is the march of "civilization." It is very unfortunate that
mankind cannot be wise enough to see before too late the inevitable results of general
slaughter of our song and game birds, and the results of artificially transforming
their haunts.

FISHERIES, GAME AND FORESTS.

327

I heartily concur with the wise sentiments expressed by Mr. G. Hills in his
excellent but all too brief article on "Summer Woodcock Shooting," pp. 256-7
of the very admirable report of the Fisheries, Game and Forest Commission for
1895, in which he advocated a close season, protecting all birds from December I
to October I.

However, the history of this bird is but that of all native birds of our State.
Protective legislation alone can not avail. If the people living in localities where birds
breed do not really want them preserved their ultimate absolute destruction is certain.
Already fifteen species of birds formerly known in Great Britain are extinct there,
and the native or " wild " life of America is fast following in the same course.

It is for our legislators to make laws pro bono publico, but these laws are as useless
as though they were in sealed tombs, if our citizens do not unite in creating a proper
sentiment in favor of protecting our living creatures and enforcing the laws enacted
for this purpose. Also, it is important that a careful effort be made to preserve in
native condition as much suitable breeding and feeding territory as possible. Otherwise
we shall soon see the time when, in order to have any game, it will be necessary for
individuals or clubs to buy or lease favorite sites, place upon them competent keepers,
and rear and maintain the game desired with intelligence and upon scientific principles.

ON THE TRAIL.

A Pore^tr^ Gxpertment station.

(Special Report of tl)e Superintendent of Forests.)

To tf)e Commissioners of Fisl)cries, <jame and Forests:

Gentlemen : In addition to the \-arious reports made from time to time regard-
ing the work of the Department, it has occurred to me to call the attention of your
honorable Board to the widely extended criticism of the methods of work prevalent
among the lumbermen in our forests and the generally expressed wish that some
better and more scientific system of forestry might be adopted. This matter has
already been the theme of so much comment and discussion that the only excuse for
reverting to it here is the opportunity thus provided for some suggestions in the way
of legislation which indirectly might lead to a better condition of afTairs.

In the public meetings of our various forestry associations the remark is too often
made that there is no such thing as American forestry. Many speakers and writers
in their desire to pose as experts or leaders of thought seem to think the reiteration
of this statement necessary. They seek to make a favorable impression b_v decrying
or ignoring everything connected with the forest industries of this country. This is
unfortunate. It retards progress. Its effect is to further postpone the day of better
ideas and methods.

In America we have forests and forest exploitation ; with them we have American
forestry. It may not be the best attainable; but we have it, and on a larger and
more remunerative scale than any other country. The revenue may be temporary
instead of permanent ; the methods employed may be inferior to those in European
forests ; but the fact remains that we have American forests and an American forestry
whose product exceeds in value that of our gold, iron and coal mines combined.
An}' plan for better methods which overlooks these facts, and is not based on a
thorough, technical knowledge of American forestry work as carried on to-day, is not
worth consideration b}' those who are most interestetl in the matter.

The American forester, or lumberman as he is termed, is in no way inferior in

intelligence or enterprise to his brethren in other industries. In addition to a lifelong

experience in the forests and in the marketing of its products, many of these men

have the best education that our colleges and universities can supply. Many of them

were educated at schools of technology where the practical character of the curriculum

is equal to that of the forest academies abroad. They are keenly alive to any sugges-
328

REPORT OF THE COMMISSIONERS OK FISHERIES, GAME AXD FORESTS. 329

tion that will increase their gains or make their revenues more permanent. But they
are slow to listen when their advisers are men whose experience in forestry is confined
to operations with pen and ink, to mere observation, or, at the best, to work in the
forests of far-off lands where the conditions are entirely different. At the same time
they agree readily with the doctrinaires that the true test of forestry is the balance
sheet, and point complacently to their profits. Their margins are small, but wealth
soon accrues through the magnitude of their operations. These small margins are
obtainable only by adhering carefully to methods of work which are based on a
century of experience in American forests. And yet they are constantly receiving
explanations as to how they should conduct their business from men who never saw
a log cut or skidded, who could not even make a respectable guess as to the stumpage
value of any species, or the cost of putting the logs on the river bank.

All this criticism is due to the superior results obtained in the forests of other
countries, especially those of Germany. There the forests, through skillful manage-
ment, yield not only an annual but a perpetual revenue ; and, without any diminution
of area. Each acre is not cut annually, but a large tract will furnish yearly a total
product equivalent to a good showing per acre on the total average. The Saxon
forests furnish a permanent annual product of $4.11 per acre on the average. The
Swiss canton of Zurich has a forest that yields annually a sum equal to $4.40 per
acre. Fourteen forest administrations in Germany containing 10,000,000 acres yield
$3.15 per acre, or a total revenue of $31,500,000 annually.*

It is natural that such results should attract the attention of people in our country
who are interested in forestry matters, and that they should urge the adoption of
similar methods here in hope of like results. But, can it be done here while the
conditions are so different ?

In these foreign countries the owner of woodlands has the advantage of cheap
labor and a good market. W'ith us these conditions are reversed. Then, again, the
profitable management of European forests depends largely on the sale of fuel, a very
large per cent, of the income being derived from that source or by the sale of mate-
rial obtained from thinnings and improvement cuttings. Every small limb and fagot
is bundled up and sold. If the American lumberman could sell his waste timber —
tops and limbs — for firewood, or could find a sale for the material cut in thinning out
his forest, and could employ cheap labor, he could manage his property on similar
lines. But in our forests the limbs and tops, which elsewhere are converted into cash,
go to waste, and must be left to rot wherever they fall. If the American forester
would improve his woodlands by thinning or pruning, he must undergo that expense

* B. E. Fernow ; Bulletin No. 5, 1891: United States Department of Agriculture.

330 REPORT OF THE COMMISSIONERS OF

without the pecuniary returns which in European forests largely offset the cost of
such work. It is asking a good deal of the American lumberman that, with dearer
labor and a cheaper market, with no sale for his tree tops and limbs, with no returns
from his improvement cuttings, he shall manage his forests in accordance with
German methods and at the same time show anything to his credit on the balance
sheet.

It is very interesting to read about forests abroad that yield a perpetual income
over and above the cost of management — an income that returns a fair per cent, on
the investment. Our forest owners and operators are not ignorant of all this. Many
of them have gone abroad and studied this question on the ground where such opera-
tions are carried on. They are more anxious than anyone else to inaugurate some
better system, provided it can be undertaken and carried on without loss. But,
everywhere, here and abroad, the true test of successful forestry is the balance sheet.
The most advanced thinkers and experts admit that no system is worthy the name of
forestry unless it is conducted with profit; and the American system fulfills this
requirement, at least, even if it fails in others.

The tlemand is made that the American forest managers shall abandon their
methods, which look only to immediate or temporary profits, and set aside their wood-
lands as a permanent investment, the revenue from which shall be a matter of future
rather than present income. But can they afford to do this ? Most of our forest
proprietors bought their woodlands when they were poor; some of them ran in debt
for their purchases. Like other business men in pursuit of fortune they want to
realize on their investment during their lifetime and enjoy it. Furthermore, they
doubt whether the}- can make money if they depart from their present methods of
harvesting the product of the woods.

There are a few forest owners, whose wealth enables them to hold their woodlands
as an investment, who have undertaken in a limited way a better system so far as to
restrict the cutting of some species to certain diameters, and to minimize the injury
done to small trees by the careless felling of timber or cutting of roads. This
restriction applies mostly to spruce, in which the cutting is limited to trees of twelve
inches or more in diameter. But a twelve-inch spruce is far from being a matured
tree, and the continued cutting of undersized trees tends eventually to the extinction
of the species. Under a thorough and complete system only mature trees should
be selected, or those which have attained a size so near maturit}" that the future
increment would not offset the interest on the present \'alue.

It would be a grand thing if all our forests could be preserved in undiminished
areas and productivity. But has the public a right to demand of our forest owners
that they shall wai\'e their present incomes antl fortunes for the benefit of posterity ?

I'ISHKRIES, GAME AND FORESTS. 331

Should the right of eminent domain -be exercised to the financial detriment of this
particular class, these great producers of national wealth ? Is it true that these
captains of industry can readily change their manner of business to conform to foreign
methods ?

Now the lumbermen meet all these questions good-naturedly. They profess a
willingness to adopt the improved methods suggested whenever it is demonstrated
that it can be done without loss. They demand first that some experiment be made.
No one of them feels able to run any risk in such a matter, and it would be unfair to
ask it. Let the experiment be made, and let it be made by the State.

In other cciunlries a great part of the forests which have proved such models of
management and pr()ducti\ity, are owned and operated by the Government. There
these public woodlands have become a source of large and permanent revenues to the
governments which own and operate them. The time will come when the State of
New York will derive likewise a large and permanent revenue from its forests; and
there is reason to believe that the day is not far distant when the forests owned by
iiidi\iduals will be managed more in conformity with methods which ensure not only
preservation but permanent income. But the State can never harvest tlie product of
its forests with profit and success until it has passed the experimental stage, and our
private forest owners will never undertake improved methods until there has been
some object-lesson in the shape of an experiment station. The State of New \ ork
maintains experiment stations in furtherance of its agricultural interests. Why not,
also, for the advancement of its forest interests ?

It is hekl b\- many whose experience and study of the subject entitles them to be
heard, that, while it may be possible in this country to introduce foreign methods of
forestry which will furnish a permanent and satisfactory revenue over and above the
cost of maintenance, little or no margin of profit would appear if the interest on the
principal were computed also. If this is so. it becomes all the more imperative that
the State should assume the duty and cost of demonstrating the possibility of better
methods.

Owing to the restrictions of the new State Constitution, no such experiment can
be conducted on the Forest Preserve. The Constitution provides that the timber
thereon shall not be sold, removed or destroyed ; and eighteen years must elapse
before this can be changed.

It would seem, however, that in the extensive purchases of forest land made by
the State some desirable tract could be bought through a special act of the Legisla-
ture, which should form no part of the Preserve, and be devoted to experimental
work. True, the restrictions in the Constitution apply not only to the Forest Preserve
as now constituted by law, but to all lands which hereafter may be acquired. But, to

332 REPORT OF THE COMMISSIONERS OF

assume that if the State acquires any more woodlands in northern New York, such
area must, without any exception, be placed in the Preserve, no matter how great the
need for other purposes, would seem like a narrow and technical interpretation of the
law. It would forbid the Legislature buying any land whatever in the Adirondacks
except for one specific purpose. This provision could be evaded by the passage of an
act authorizing the purchase of some tract in which the owners would be allowed to
reserve a timber right. But such evasion, as well as any narrow-minded inter-
pretation of the constitutional provision, would not become the dignity of the
State or the meritorious character of the proposed enterprise. It would be better
if the Legislature were to enact some law carrying a special appropriation for
the purchase of the land, and providing for its especial use as a forestry experiment
station.

The land thus acquired and dedicated could, while under the general supervision
of the Forestry Department, be placed under the management of skilled, professional
foresters. The experiment to be made would consist in the demand that these men,
having a primitive forest given them free of interest account, should so manage the
property that the State would derive an annual income from it over and above the cost
of management and any sums that might be advanced to inaugurate the work If
they fail to do this, any further advice about scientific work and improved methods as
applied to our woodlands would seem gratuitous.

The experiment would not imply that the State must go into the lumber business,
or undertake any logging operations, or advance money for teams, wages and
materials. The matured trees designated by the foresters could be sold to the highest
bidder, leaving the removal of the timber to the purchaser, whose work of tree felling,
trimming, log cutting and road building must be done under the direction of the
forester and according to written contract. A part of the surplus revenue left after
paying the foresters and other expenses could be devoted to forest improvement, a
class of work in which the technical knowledge of the professional forester would
be available and valuable. But these are matters of detail which need not be
discussed now.

The State can make no mistake in such a purchase. The property becomes an
asset convertible into cash at any time, which cannot be said of other public expendi-
tures. And as long as the State sees fit to hold the property, the yearly forest
revenue would make it an interest-bearing investment. Whenever it ceases to be
such, sell the property and abandon the experiment ; the State will be none the
poorer for the trial.

In view of the facts set forth and the suggestions respectfully submitted here for
your honorable consideration, might it not be well for the Commission to prepare a

FISHERIES, GAME AND FORESTS.

333

bill to be introduced in the Legislature during its next session which will contain the
provisions necessary for carrying out this plan ?

The working methods in use throughout our forests cannot be supplanted in a
day by those of other countries ; the difference in conditions will not permit it. Any
attempt to thus revolutionize business would result in financial failure. But through
intelligent and conservative experiments, based on e.xisting conditions, an ideal system
may be evolved, which our people will be proud to recognize and claim as American
forestry.

WILLIAM F. FOX.

THE STORY OF THE DEER.

Occapant5 of 3tate Land5.

THE occupation of land in the Forest Preserve presents one of the most per-
plexing and complicated questions with which this Commission has to deal.
The buildings which, in one place and another, constitute these occupancies
range all the way from the most primitive shanty to costly and beautiful summer
homes. With few exceptions, they were all erected before the present Commission
was organized. The few that were built since — four in number — were erected hastily,
and without the consent or knowledge of the Commission.

There are 98 of these cottages, log cabins, shanties, and farm houses on the State
lands in the Adirondack Preserve. The greater part of them were erected before the
State came into possession of the ground, the owners of the buildings having received
permissi(.)n to build from the persons who owned the land at that time, but who subse-
quently lost their title to these forest tracts through some tax sale.

In Essex county, near the Boreas River, are eleven families living on farms in the
Preserve who bought land of a prominent Glens Falls lumberman, taking a contract
in each case instead of a deed. They had made one or two payments on their con-
tracts, when this land owner, failing in business and getting in arrears for taxes, lost
his lands at a tax sale, and the occupants found that, through no fault of theirs, their
homesteads and farms had passed into the possession of the State of New York.

When the State made its purchase of 75,000 acres of forest land from Dr. Wm. S.
Webb, in 1896, there were some occupants on the property thus transferred, one of
whom had been in possession of his cabin on Salmon Lake before Dr. Webb acquired
that territory ; another had built a small hotel on Beaver River, with the permission
of Dr. Webb — a stopping-place which has proved a great accommodation to the travel-
ers, hunters and fishermen who frequent that region.

On the Lake George islands there are some cottages which were already there in
1885, when the law establishing the Forest Preserve and Forest Commission was first
enacted. These cottagers erected their buildings under written permission of the
Board of Land Commissioners,* who appointed these persons "custodians" of their
respective islands. Subsequently, in order that these people might occup)' their

* The Board of Land Commissioners is composed of the Lieutenant-Governor, Secretary of
State, Comptroller, Attorney-General, State Treasurer, State Engineer and Surveyor, and the
Speaker of the Assembly. Prior to the establishment of the Forest Commission, in 1885, this Board
had control of the public lands.

334

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REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS. 335

cottages under some definite, business-like arrangement, the F"orest Commission —
prior to the organization of the present Board — granted them five-year leases and
charged them rent, the price varying from $10 to $75 per year, according to desira-
bility of location or amount of ground occupied. Five acres was the maximum
amount of land leased to any one occupant. The leases thus granted were limited in
number, the Commission reserving the greater part of the islands for the free use and
benefit of the public. Of the islands in Lake George which are owned by the State,
over 150 are large enough for desirable camping ground; but only twelve of these
are occupied. It might be well to bear this fact in mind, in view of the ill-considered
talk in certain quarters about the Lake George islands having been leased and occu-
pied to the exclusion of the public.

On the Lower Saranac Lake there are five buildings, two of which are under State
leases. No buildings, except an ice house and a shanty made of slabs, have been
erected on the lake since the present Commission took charge of the Preserve. As
there are fifty-two islands, large and small, in the Lower Saranac, and forty miles of
shore line, all available for camp sites, it is evident that the public has not thus far
sufTered by any exclusion resulting from the few buildings erected there. Several
parties have occupied tents along the shore and on the islands, but as these are taken
down and removed each fall, there is no permanent or exclusive occupancy on their
part. The use of tents on the Preserve is permitted and encouraged by the Com-
mission.

On the islands and shores of Raquette Lake there are several buildings. Many of
these were on the ground when the land passed into the possession of the State, or
before the establishment of the Preserve. Some were built during the administration
of a former Board, but without permission. One small cottage was erected last spring
without the knowledge or consent of this Commission. As there is only one forester
for all Hamilton county, it was easily put up during his absence in other parts of the
county. Three of the occupants on Raquette Lake hold leases from the State.

In all, there were .seventeen leases of land in the Forest Preserve granted by the
former Commission. None have been granted by the present Board. These leases,
which in each case were limited to five acres or less, were issued as follows :

RAQUETTE LAKE.

LESSEE. LOCATION. ANNUAL RENT.

Dr. A. C. Gerster, . . Big Island, $200

Hon. John B. Henderson, . Indian Point, .... 50

Mrs. Cornelia T. Kirby, . Golden Beach, .... 5°

Henry Bradley, . . . North Bay, . . . . 20

336

REPORT OF THE COMMISSIONERS OF

LESSEE.

William P. Mason,
Mrs. Ann H. Manierre,
Edward Manierre,

Thomas P. Wickes,

LOWER SARANAC LAKE.

LOCATION.

Eagle Island,
Hocum Bay,
Hocum Bay,

CHAPEL POND.

Rocky Point, .

ANNUAL RENT.
$150

15°
15°

30

LAKE GEORGE.

Hen and Chickens, ... 75

Phantom Island,

75

Ranger Island,

50

Waltonian Island, .

50

Temple Noe Island,

50

Pleasure Island,

5°

Sweetbrier Island, .

30

Burnt Island,

30

Uncas Island.

10

Dr. Delevan Bloodgood,
Hon. Jerome Lapham,
Mrs. Agnes Ranger,
Col. William D. Mann,
Mrs. Cecil Gabbett,
Albert L. Judson,
William A. Wait, .
Oberon Lapham, .
L. H. Fillmore,

The amount of land leased to each of these persons varies from a small camp site
to five acres. The lease granted Henry Bradley calls for two acres, to be used as a
steamboat landing at the terminus of tlie highway leading from Fourth to Raquette
Lake, and was deemed necessary for the accommodation of travelers. The lease
granted L. H. Fillmore on Lake George is for a small plot on which there is a little
one-story building containing a single room, and one or two tents, where he carried
on a photograph business during the summer months. He was occupying this place
prior to the establishment of the first Forest Coinmission.

All of these leases, each of which was drawn for five years, were executed at
various dates between July i, 1893, and July I, 1894. They will, consequently,
expire in 1898 and 1899. Owing to a clause in the new State Constitution, they
cannot be renewed.

These leases were granted pursuant to the forestry law of 1891, which authorized
the F'orest Commission —

" To lease from time to time, for a term not longer than five years, land within the Forest
Preserve, not more than five acres in one parcel to any one person, for the erection of camps or
cottages for the use and accommodation of campers. Such leases shall contain strict conditions as to
the cutting and protectio/t of timber and the prevention of fire, a reservation for travelers of the
right of passage over the land leased at all proper and reasonable times, and a covenant on the
part of the lessee to observe all ordinances or regulations of the Forest Commission thereto, for,
or thereafter to be prescribed ; and ;/(;' exclusive privilege of fishing or hunting shall be granted

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FISHERIES, GAME AND FORESTS. 337

to any person. .\n revenues from surh leases shall be paid into the State treasury and sliall be
placed to the credit of the special fund established for the purchase of lands within the .Adiron-
dack Park."

Ill view of the widely spread and too often malicious misrepresentation of the
nature of these leases, it may be interesting to notice the provisions and restrictions
contained in them as shown in the foregoing paragraph.

Included in the 98 occupancies previously mentioned, there are several log cabins
or shanties which were put up b\' hunters, surveyors or travelers in the more remote
and unfrequented portions of the forest, their erection being absolutely necessary for
shelter. These cabins, when not occupied by their owners, are always open to any
traveler who may need them, and have proved a great convenience to those who are
journeying through these wilder parts of the wilderness, the State officials often avail-
ing themselves gladl)- of the rude comfort which they afford. As the rules of the
Commission forbid the peeling of trees for bark and, consequently, the erection of
bark shanties which hitherto afforded temporary shelter over night, the travelers in
certain parts of the Great Forest find these "occupancies" a very convenient refuge
at times.

In some instances, however, parties have taken possession of camp sites and
erected cottages under circumstances of a flagrant and aggravating character that
called for summary action on the part of the Commission. In two instances on
Raquette Lake cottages were built by persons who not only neglected the formality
of asking permission from the State authorities — which would not have been granted —
but they claimed title to the property. Not content with this violation, they built
their cottages with timber cut on the Preserve. In these cases the persons who cut
the timber were prosecuted for trespass, and ejectment suits were proinptly brought
against the occupants.

In regard to many of these occupants, the Commission finds itself confronted with
a perplexing situation. As the new Constitution expressly forbids the leasing of any
land in the Preserve, the question arises whether the Commission can properly allow
them to remain. Though they pay no rent and no rent can lawfully be collected, and
though their further occupancy under tacit consent may not constitute a constructive
lease, still they are tenants at will. How far does such a tenure conflict with the
constitutional provision which expressly forbids any lease ?

On the other hand, if the Commission drives these tenants off the premises, what
shall be done with their cottages and buildings? Shall these houses be destroyed ?
Shall they be locked, kept unoccupied, and allowed to tumble down in decay ? Or,
having ejected the occupants, shall the houses be left open for other persons to move
in, whoever may come first ? If they are to be occupied, what difference to the State

338 RF.PORT OF THE COMMISSIONERS OF

whether it is by the ones who buih them or by some squatters who seize the vacant
premises at the first opportunity.

One of the attractions of the Thousand Islands in the St. Lawrence River is the
large number of charming cottages wiiich grace each prominent point. Are Lake
George and Raquette Lake any the less beautiful because of the summer homes
which adorn their shores? It is no answer to say that these camp sites are occupied
to the exclusion of the public. Aside from guides' and hunters' camps, there are not
thirty of these summer cottages on the lakes in the Preserve. But there is room for
thousands of campers on unoccupied desirable sites, none of whom, howe\'er, come.

Then, there are the seventeen leaseholders whose leases will soon expire. What
shall be done with them? They are there, with their buildings and improvements, by
authority of the Board of Land Commissioners or Forest Commission. On the expi-
ration of their leases they will probably ask for a renewal, and tender their money for
the same. But the Board will be compelled, under the constitutional provision, to
refuse their request. Neither can the Board make the e.KCuse, common with other
landlords, that the property has been rented to other parties. Shall these tenants be
ejected and their houses destroyed, closed, or given to others ? If the houses are to
remain, who has a better right to occupy them than the present tenants ?

There is another class of tenants whose peculiar case appeals to the sympathy of
the Commissioners and makes it difficult for them to act. They are persons suffering
from pulmonary disease who have gone into the woods to seek relief or to eke out a
slender existence. Shattered in health and straitened in means, they were unable to
pay the extravagant prices asked for building sites in the vicinity of the hotels, and so
they pitched their camps on the public Preser\'e. Perhaps they had read the clause
in the forestry law providing that the Adirondack Park "shall be forever reserved,
maintained and cared for as a ground open for the free use of all the people for tlieir
Itcalth and pleasure." Poinding their tents too cold and damp for the early spring or
late fall, they built small houses — hardly worth the name of cottages — that brought
them within the list of tenants-at-will or "occupants" of State land. Some of these
invalids who lived in tents built little ice houses, boat landings and steps; but on
returning in the spring they often found their point occupied b_\' some guide or
squatter who had coolly taken possession not onl)- of the camp site but of all its little
betterments. The person thus dispossessed wtiuld then ask for a lease of some piece
of ground v/here he could have some assurance of peace and permanence. But,
owing to the constitutional restriction, the Commission was obliged in each case to
refuse the request.

These are only a part of the manv questions which confronted the Commissioners
in their efforts to decide what should be done in the matter of occupancies. I^ut

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FISHERIES, GAME AND FORESTS. 339

over and above all hangs the constitutional mandate that the Preserve "shall be
forever kept as wild forest lands" and "that they shall not be leased." And so the
order was reluctantly issued by the Board that each occupant should be notified to
vacate the premises occupied by them, and notice was served accordingly^ on each,
with the exception of the seventeen tenants to whom leases had been issued before
the adoption of the new Constitution, and which are still in force. This action was
further deemed advisable on account of the frequent litigation of State titles, in
which the matter of some former occupancy had an important bearing. As all the
occupied lands are held by the State under a ta.x title, it was held important that the
State should thus exercise some act of possession and distinctly assert its ownership.

Having served notice on each occupant to vacate the premises, the Board reserves
for the further exercise of its discretion the advisability of following up each case
with a writ of ejectment. In fact, the Attorney-General has advised the Board that
in some cases such action would be injudicious. For instance, one lot of 193 acres in
Essex count}' which reverted to the State in 1844, was at that time farming land, with
a house and farm on it. It remained in peaceable possession of the occupant for
forty-one years until 1885, when the Forest Commission was established, during
which time the man and his descendants have lived there and paid the taxes. It is
questionable whether a writ of ejectment would be the best wa_\- to dispose of this
occupancy.

Again, the colony of French Canadian farmers on the Boreas River whose lands
passed into possession of the State in 1877, have lived there from thirty to forty years
and paid taxes on the property until 1886, at which time the Forest Commission
ordered the land assessed to the State. The assessors, however, continued to assess
the houses, barns and cleared lands until the present time, and the occupants still pay
these taxes; for, under the law of 1886, only "wild or forest lands" can be assessed
to the State. It is not at all clear that the State should risk a suit over these lands,
as its title to the entire township — Township 30, Totten and Crossfield Purchase. —
would become involved. These matters are mentioned here for the benefit of a class
who are always ready to criticise the action of the Commission in such matters, but
who are wholly ignorant of important facts which have a bearing on the question.

A small resident population has always proved convenient in warning out a posse
to assist the local firewarden in extinguishing forest fires. Repeatedly these squatters,
of their own accord, have rendered efficient service in extinguishing incipient fires
that were started by fishermen or campers. They are alwaj-s ready to help in fighting
fire, and have always been friendly. If they are evicted, after expressing a willing-
ness to pay rent, the bitter enmit)' engendered will add still further to the difficulties
of forest manatjement in such localities.

340 REPORT OF THE COMMISSIONERS OF

]iut the Commissioners have determined that, whatever may be done as regards
the present occupants of State lands, no further occupancies shall occur if thev can
prevent it. To this end the following notice was posted on every lake, stream, island,
trail and carry in tiie Adirondack Preserve:

FOREST PRESERVE.

.STATE LAND.

All persons are forbidden to erect any buildings, camps, cottages or permanent
structures of any character on land within the Forest Preserve. Anyone violating
this regulation will be prosecuted by the State as a trespasser to the full extent of the
law, and will be dispossessed of any building he may erect.

By order of the Fisheries, Game and Forest Commission.

WILLIAM F. FOX,

Siipcrinttiuicut of State Forests.
Albany, N. Y., July 20, 1897.

This ordinance does not by any means proliibit the free use of the Forest IVeserve
by the public, for there is no objection to the use of tents, as they do not result in a
permanent or exclusive occupation. The people are free to use tents and pitch them
wherever they please on any unoccupied spot in the State forests, on any island, lake
shore, stream or forest path. They are asked and urged to do so ; for the Commis-
sion desires that all who can shall avail themselves of the pleasures and benefits which
our grand old forests afTord.

Tents of proper size and construction offer comfortable and attractive accomoda-
tions that are a pleasant surprise to those who have not tried them. The rules of the
Commission permit the use of board floors, which, with a wide base-board turned up
around the bottom, are a protection against cold and draughts. A large canvas "fly"
should be used, with sufficient space between it and the tent roof to lessen the heat of
the sun and keep the rain or dampness from the inner roof. By using a fl_\' large
enough to project a few feet in front as an awning, and extending the floor outside
the same distance, a shady, comfortable and attractive porch can be obtained. The
wooden floor inside the tent permits the use of rugs or carpets, while the interior
furniture and decorations may be the same as in any room, whether at home or in a
hotel. A stove, with pipe passing through a safety-tin in the wall of the tent, will
keep the room warm in any weather until the late fall. Moreover, there is a supply
of fresh, pure air in a roomy tent which makes it the nn.ist healthful of all sleeping

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rooms. The accompanyiny; illustrations of tent life on the Lower Saranac will give
some idea of the delightful possibilities attainable in these canvas cottages by our
forest lakes.

The question i.s often asked, What harm is there in my putting up a little shanty
here? Now, our experience and observation in the matter of the "little shanty " is
this : The shanty is built. The next year a shingle roof is put on and it is clap-
boarded. The next season or so reveals a piazza in frf)nt and a summer kitchen in
the rear. In time, further additions are made and it is painted. The owner sells out
to some summer resident who makes further improvements. The little shanty has
become a $5,000 cottage, with pleasant surroundings and an artistic interior. It
occupies some desirable site, free of rent, and to the exclusion of the public. Other
people demand that they, too, shall have the privilege of building cottages, and when
refused point querulously to the complacent owner of the cottage that was evolved
from the primiti\e shant\'. This is one of the reasons why the Commission draws the
line on any wooden structure whatever. The shanty, in an\- case, is a permanent
occupancy ; the tent, is taken down in the fall.

Then, again, the little shanty is apt to be an unsightly thing, marring the beauty
of some charming spot. Its owner, too often, is not a desirable neighbor. His abode
is not only an eyesore, but it is too often surrounded with a litter of old tin cans, fish
scales, offal, hair and hides, with some howling cur tied to a tree.

It is conceded that in traveling through remote parts of the wilderness, where
there are no hotels or even hunters' camps — the Red Horse Chain or Moose River
Townships, for instance — the use of tents is not always practicable. Boats and pack
baskets must be carried, and there is little opportunity to carry the additional heavy
load of a tent. This is especially the case where parties are making a long journey
from one locality to another and do not intend to make a stay at any one point,
but merely need shelter wherever night or a storm overtakes them. To properly
provide for such a situation the Commission have under consideration the advisability
of erecting, or allowing others to erect, open log camps at suitable places and distances
along these routes, in which travelers, sportsmen or guides can find a resting-place.
By open camps are meant the low structures built of logs, inclosed on three sides,
but with a good roof, which furnish shelter from wind and rain, even though they
ma\- not be warm. But with protection from the storm, a good camp fire opposite
the front or open side will always furnish warmth, while the balsam boughs, and
blankets taken from the pack basket, will insure a comfortable sleeping-place.

The public may rest assured that the Commission will do all in its power to grant
every privilege on the Preserve consistent with proper management and observance of
constitutional restrictions.

Annaal Forest Prodcict.

(Special Report of the Superintendent of Forest^.)

To the CoD-)ini'«)5ioner*^ of risl)cric'^, (iamc and Fore*^!*^ :

Gentlemen: I submit herewith the statistics showing amount <if timber takea
from the Adirondack forests for the manufacture of lumber and pulp during the years
1894, 1S95 and 1896. The amount consumed each year in 1890, 1 89 1, 1893 and
1893 will be found in the Annual Report of the State Forest Commission for 1893.
Prior to 1890 there was no compilation of the aggregate output of the mills which
draw their supply from the forests of Northern New York ; but the amount sawed in
the Glens Falls district each year from 185 i to 1883, as indicated by the logs received
at the Glens Falls boom, may be found in the report of the Forest Commission for
1885.

The figures submitted here for the annual product of each mill are not mere
estimates, but are the statements furnished by the mill owners tliemselves, as taken
from their books, and mailed to Albany in response to circulars sent from the Depart-
ment. Every efTort has been made to secure accuracy in these returns as far as
possible. In many instances special agents of the Commission were sent to the office
of the firm whenever further or more accurate information was deemed necessary.
Some of the mills made out their returns in round numbers, but as they contracted
for their annual supply of logs in the same way, the figures may be accepted as
approximately correct, or as near accuracy as possible.

It seems proper to note here that until the establishment of the State Forest
Commission no attempt was ever made to compile the figures for the total output of
our forests; at least, no such information was ever published.

These statistics are entitled to something more than passing notice. In order to
obtain a clear, intelligent view of the forestry situation in our State, it is necessary to
note accurately the annual consumption of timber. It is then easier to understand
how the composition of our forests is gradually changing, how certain species are
disappearing, and how our woodlands are changing from a coniferous to a broad-
leaved forest. Although the operations of the lumbermen do not necessarily result
in denudation or forest destruction, the continuous removal of certain species effects a
marked change in the character of the tree growtli. F"urthermore, the only way that
we can form any estimate of our timber reserves and future supply is by ascertaining
carefully the annual consumption of each merchantable species.

REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS. 343

The figures in the accompanying tables indicate that 110,000 acres are being cut
o\-er annually by the axemen, from which area the spruce and pine are removed
entirely, together with the greater part of the hemlock. If the cutting continues at
this rate, the supply of spruce and pine in the Adirondack forests, outside of that
owned by the State, will be exhausted in sixteen years.

At the same time, it should be remembered that through these operations
$700,000 worth of raw material is annually converted into cash and added to the
wealth of our State. This depletion of our forest is in some measure offset by the
important and valuable industries dependent on this same production, and the fact
that in the manufacture and transportation of this product over $5,000,000 are paid
out annually in wages, the work furnishing steady and profitable employment for a
large number of people.

In 1896, of the 430,109,436 feet cut and removed, 374,278,182 feet, or eighty per
cent., was spruce, nearly half of which was consumed in the pulp mills. The demand
for pulp stock is increasing so rapidl\- that in a short time, perhaps a year or so, the
pulp mills will consume more spruce than the saw mills. Already spruce stumpage is
worth more for pulp than for sawing timber. A few years ago the pulp men
contented themseh'es in taking only the small logs, lea\ing the middle-sized and
largest ones to be sawed into lumber. But now many of our pulp mills use their
entire stock of spruce logs, large and small, in the manufacture of paper. The largest
spruce tree ever cut in the Adirondacks was recently manufactured into pulp. This
tree measured forty-one inches on the stump, and its shaft was cut into twenty-two
pieces, each four feet long. There was more spruce timber cut in the Adirondack
forests during either of the last two years than was ever cut before in any year since
the first axeman entered those woods. Then, again, many of the pulpmen, in their
cutting, take the small spruce trees which hitherto were always left by the lumbermen.
Upon these small trees depends the future supply of spruce. With their removal the
extinction of the species must follow on all tracts where this short-sighted method
is used.

Included in the figures for the spruce is a small amount of balsam, say two per
cent. This species seldom attains any large size, the ma.ximum growth seldom
exceeding fourteen inches in diameter on the stump.* For the most part, the
balsams run from eight to ten inches in diameter. But the lumbermen generally cut
the twelve-inch trees and mi.x them in with the spruce. After the logs are sawed
there is little difference in the appearance of the timber, although the balsam is

*At Lake Placid, N. Y., on the grounds of the Placid Park Club, there is a balsam thirty inches
in diameter two feet above the ground. Professor Charles H. Peck, State Botanist, has identified
this tree as a balsam.

344

KEI'ORT OF THE COMMISSIONERS UF

inferior to the spruce in quality, and the buyers object if too large an amount is thus
put in. This species, known \-ariously as balsam, or fir, or balsam tir (adus balsamra),
can be used for woodpulp by the sulphite or chemical mills; but it is not available in
the mechanical mills, where the wood is reduced to fibre by grinding, as the resinous
matter of the balsam gums up the screens.

The cut of white pine has varied during the last ten years from 17,000,000 to
2 7,000,000 of feet annually. In 1893 it amounted to 27,844,222 feet. The main stock
of white pine in our northern forest was remo\'ed many )-ears ago, at a time when the
lumbermen cut pine only and no spruce. A few small areas remain untouched, but
the greater part of the white pine cut in late )-ears comes from trees that were left at
the first cutting or from some scattering second growth. Most of the first growth
now remaining is of inferior quality, being shaky or ring-rotten and running largely to
culls. The suppl}' of this species is practically exhausted, and the product reported
annually is the result of a gleaning process carried on while the operators are cutting
the spruce and hemlock on the same tract where this scattered pine remains.

The amount of hemlock cut annuall)- has steadily decreased from 94,145,695 feet
cut in 1S90 to 53,907,595 feet cut in 1896. This decrease is not due to a scarcity of
this species so much as an increasing remoteness of the timber. Owing to the large
hemlock prt)duct of the Pennsylvania forests the market price is so low that it will not
warrant any logging operations except where the trees are easily accessible, or where
some tannery within a reasonable haul affords a market for the bark. The nearest
timber having been cut, the lumbermen each year are penetrating farther into the
interior forest, and the logging operations are farther removed from the tanneries.
Although the spruce and pine are cut clean, the hemlock on man)- jobs is left standing
in the woods. Hence there is a disproportion in the product of spruce and hemlock
which does not exist in the woods, there being a much larger proportion of hemlock
in the standing timber than the output of the mills would indicate.

The hardwood supplied by the Adirondack forests during the last seven years
averages 7,614,482 feet per year, the amount varying but slightly each year. As this
class of logs cannot be floated down the streams, the consumption is limited to the
small areas accessible by a short haul, and which are not too far from a railroad to
prevent hauling the sawed lumber. The railroads recently built through the forest
will now render large areas of hardwood accessible and at the same time furnish ready
transportation for the lumber. There will probably be ;in increase in the annual
product of this kind of timber.

The output of hartlwood as reported here for the last three years is made up
mostly of birch and maple, the birch predominating largeh". The latter, which is
known in the woods as red or black birch, is the hctiila lutca or \-ellow birch, some-

FISHERIES, GAME AND F<.)KESTS. 345

times called gray birch. The Adiroiulack lumbermen call it red birch to denote the
pinkish hue of the wood, which makes it so valuable for furniture or cabinet work ;
but the red birch ])roper (betula riigni L.) does not exist on the Adirondack plateau.
Of the hardwood (iut[)ut, three-fourths is birch and maple; the balance is made up of
ash, cherry, beech and elm, in relative quantity corresponding to the order named.

There was about 300,000 feet of basswood sawed each year. This is not classed
as hardwood properly, although a broad-leaved tree ; but for lack of space it is
included in the hardwood column. There was also some small amounts of tamarack
and cedar sawed which are included in the same column, although they are soft woods.
The amount of each will be found in the footnotes in case it should be deemed
desirable to separate them.

The statistics relating to the pulp mills do not fully indicate the extent of this
immense industry, because many of them obtain a large jjart of their stock from
Canada. There are several mills in the State — some of them in Northern New York — -
that do not appear on this list, for they obtain their entire stock of pulp wood from
Canada or the Great Lakes. The Empire State leads all others in this intlustry,
having more than twice as many mills as any other State. Moreover, many of its
mills surpass all others, in this country or abroad, in the extent of the plant and
capacity for production.

Most of the pulp manufacturers made their returns in cords, but some gave the
amount in markets. In the latter case the tjuantit)- was converted into cords on a
basis of three markets to a cord. In comiputing the equivalent of tiie yearly totals
the same rule w-as used, one cord being figured as equal to three markets or 579 feet
board measure, Doyle's Rule.

All of which is respectfully submitted.

WILLIAM F. FOX.

346

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

LOCATION

MANUFACTURER

Belforl, N. Y

Beaver River,

Brandon,

Bloomingdale,

Bucks Bridge,

Bleecker,

Bleecker,

Canton,

Castorland,

Castorland,

Chase's Lake,

Crary's Mills,

Clinton Mills,

De Grasse,

Diana,

Dickinson Centre,

Dolgeville,

Everton,

Forestport,

Forestport,

Glendale,

Glens Falls,

Glens Falls,

Glens Falls,

Gray,

Goiiverneur,

Gouverneur,

Harrisville,

Le Fevre & Crumb

Firman Ouderkirk

Ducey Lumber Company

Wm. J. Clillespie

Bucks Bridge Lumber Company*

H. Vandenburgh

John M. Peters, Jr

Canton Lumber Company

M. W. Van Amber

Beaver River Lumber Company .

Le Roy Crawford

Oscar Runions

Ladd & Smallman

Andrew Negus

William Ligraham

Anson Hutchins

Alfred Dolge

Everton Lumber Company

Denton &: Waterbury

Forestport Lumber Company . . .

Henry Abbev

Finch, Pruyn & Co

Morgan Lumber Company

George H. Freeman

Charles B. Gray

Weston, Dean & Aldrich

Starbuck & McCarty

C. R. Remington & Son

400,000
5,618,176

5,900,000

350,000

3,500,000

900,000

200,000

6,750,000

1,100,000

10,000,000

1,500,000

50,000.

400,000

310,000

225,000

100,000

1,500,000

8,000,000

2,500,000

4,4^7,575

2,000,000

17.623,413

13-604.330
7,028,208
300,000
7,890,000
1,203,006
2,500,000

Mills at Bucks Bridge and Canton, N. Y.

FISHERIES, GAME AND FORESTS.

347

AMOUNT OF LUMBER CUT IN THE YEAR 1894. (In Feet. B. M.)

HEMLOCK

1,000,000

125,000

2,625,000

100,000

75,000

750,000

900,000

8.700,000

1,500,000

200,000

550,000

310,000

300,000

750,000

1,300,000
2,002,660
4.782,140
1,865,032
200,000
6,945,000
1,260,000
2,500,000

PINK

3,800,000

875,000

1,700,000

50,000
50,000

80,000
50,000

500,000

2,000,000

400,532
695,819
261,873

1. 359'°°°

H.\RinVOOD

300,000

40,000

175,000''

50,000

75,000
75,000

500,000
35'°°°

43.977t

51,000

TOTAL

1.700,000
5,618,176
9,700,000

475,000
7,000,000
1,000,000

315,000

7,500,000

2,000,000

20.400.000

3,050,000

475,000
1,000,000

700,000

650,000

175.000

2,000,000

8.500,000

3.285,000

4.4^7-575

5,300,000

20,026,605

19,082,289

9, 199,090

500,000

16,245,000

2,463,006

5,000,000

* Includes 75,000 feet basswood.

t Ash.

548

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

LOCATION

MANUF.^CTURER

SPRUCE

Herkimer N. Y

Deimel & Snell

250,000
12-786,337

Hinckley. "

Trenton Falls Lumber Company

Hope P'alls. "

W. H. Lawton

1 00.000

Jayville. "

Post &r Henderson

1,700,000

Lyons Falls. '• .

Gould Paper Company

2,482,831

IVTaUine '"

A. B. Parmelee &: Son

1,000,000

Massena. "

Massena Lumber Company

300.000

McKeever. "

Moose River Lumber Company

6,771,000

Natural Bridge, "

You.sey Brothers

700,000

Natural Bridge, "

Calvin \\'. Graves

100,000

Norwood, "

Norwood Manufacturing Company . . .

10,722,1 51

Kinslev Lumber Company

3,000,000

Oswegatchie "

Oswegatchie, "

W. G. Coffin

John Irvin •.

1,000,000

Owl's Head, " ...

Scott C;. Boyce

1,200,000

Old Forge, "

Old Forge Company

100,000

Plattsl)urg. "

Parish\'ille, "

Baker Brothers *

7,800,000

S. L. Clark & Son

2,000,000

Philadelphia, "

^\'illiam Roberts

378,402

Potsdam, "

A. Sherman Lumber Company

7-30^. 95.S

Potsdam, "

Clarkson Manufacturing Company, . . .

1.000,000

Paul Smith's, "

Paul Smith's Hotel <Jompany

150,000

Pine Lake, "

Henrv T. Bona

300,000
400,000

Rockwood, "

Everett Young

Sandv Hill, ".

Kenyon Ltimber Company

4,210,431
1,098,000

Saranac Lake. "

Stephen Merchant

Saranac Inn. "

Upper Saranac Association

600,000

* Lumber from mills of M. E. Walker, B. R. Brewster, P. Hanlon, Wales Parsons, F. M. Purdy,

W. A. Reynolds and Ducey Lumber Company.

FISHERIES, GAME AXD FORESTS.

349

AMOUNT OF LUMBER CUT IN THE YEAR 1894.— (Continued.

HEMLOCK

PINE

HARDWOOD

TOTAL

250,000

700,000

1,200,000
■2.786,337

1 50,000

125,000

375,000

2,000,000

250,000

100,000

4,050,000

874,664

58,744

3,416,239
1,000,000

500,000

800,000

2.379,000

1,098,000

10,248,000

2,800,000

100,000

200,000

3,800,000

100,000

200,000

189-377

1,5^4,507

23,075*

12,459,110

500,000

500,000
300,000

4,000,000
300,000

1,000,000

850,000

2,850.000

1 00,000

100,000

500,000

1,800,000
200,000

400,000

1,000,000

9,200,000

500,000

270,000

5,000

2,775,000

2,545,611

258,000

258,000 t

3,440,013

498,263

603,863

15.500

8,420,581

200,000

150,000

1,200,000
300,000

20,000

75,000

395,000

200,000

50,000

650,000

1,050,191

659,149

28,195

5,947,966
1,098,000

400,000

250,000

1,250,000

* Includes 10,115 f^^' cedar,
t Includes 206,400 feet ash.

3SO

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

LOCATION

MANUFACrnRER

SPRUCE

South Bangor, N
South Colton,
Stratford,
Stratford,
Stratford,
Thomson's Mills,
Tupper Lake,
Tupper Lake,
Warrensburt;,
West Stockholm,
Various places.

Shepard & Morse Lumber Company

Young & Lindsey

J. C. Livingston & Co

"William W. Knajip

David Helterline

Thomson, Douglas & Di.x

A. Sherman Lumber Company

Export Lumber Company

A. C. Emerson & Co

George N. Gibson

Small mills

Total .

1,720,319

400,000

2,148,000

200,000

750,000

7,613,154

1,848,724

9,180,000

340,000

700,000

2,500,000

200,732,01 2

FISHKRIES, CAME AND FORESTS.

35 I

AMOUNT OF LUMBER CUT IN THE YEAR 1S94.— (Concluded.)

HEMLOCK

PINK

HARDWOOD

TOT.\L

600,000
I 25,000

1,020,000
1,000,000
2,000,000

381,228

66,200
1,020,000

340,000
50,000

150,000

428,000*

400,000
75.000

33,000
350,000

1,720,319
1,000,000
2,576,000
200,000
1,275,000

9,383-039

1,914,924

10,200,000

1,700,000
1,783,000
5,000,000

61,455.595

20,151,915

6,360,747

288,700,269

f Birch and maple ; used in manufacture of pianos.

352

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

LOCALITY

SPRUCE

Belfort, N. Y

Beaver River, "
Brandon, "

Bldomingdale, "
Bucks Bridge, "
Bleecker, "

Bleecker, "

Canton, "

Castorland, "

Castorland, "

Chase's Lake, "
Crary's Mills, "

Clinton Mills,
I)e Grasse,
Diana,

Dickinson Centre, ••
Dolgeville,
Everton,
Forestport,
Forestport, "

Glendale, "

Glens Falls,
Glens Falls, "

Glens Falls,
Gray, "

Gouverneur, "

Gouverneur, "

Harrisville,

Le Fevre & Crumb

Firman Ouderkirk

Ducey Lumber Company

Wm. J. Gillespie

Bucks Bridge Lumber Company*

H. Vandenburgli

John M. Peters, Jr

Canton Lumber Company

M. W. Van Amber

Beaver River Lumber Companv

Le Roy Crawford

Oscar Runions

Ladd iv Smallman

Andrew Negus . ,

William Ingraham

Anson Hutchins

Alfred Dolge

Everton Lumber Company . . .

Denton & Waterbury

Forestport Lumber Company . . .

Henry Abbey

Finch, Pruyn & Co

Morgan Lumber Company ...

George H . Freeman

Charles B. Gray

Weston, Dean & Aldrich

Starl.)uck & MrCarty

C. R. Remington & Son

400,000
6,106,201
7,900,000

350,000
3,000,000

720,000

1 50,000
6,750,000
1,600,000
9,020,000
1,000,000
50,000

400,000

310,000
50,000

100,000
1,500,000
8,000,000
3,000,000
3.<J28,34i
2,000,000
14,595,861
9,059,000

4.i99'077
300,000
8,330,000
2,004,980
2,500,000

Mills at Bucks Bridge and Canton, N. Y.

FISHERIES, GAME AND FORESTS.

353

AMOUNT OF LUMBER CUT IN THE YEAR 1895. (/« Feet. B. M.)

HEMLOCK

HARDWOOD

TOTAL

1,000,000

I 25,000

2,250,000

80,000

75,000

750,000

1,400,000

8,070,000

1,000,000

200,000

550,000

310,000

200,000

600,000

1,300,000
1,658,620

4.873.045
853,266
200,000

7.330.0°°
1,800,000
2,500,000

5,600,000

750,000

1,007,000
25,000
50,000

80,000

500,000

2,000,000

331.724
708,881

223.194
1,510,000

300,000

50,000

175,000
50,000

50,000

75,000

500,000

30,000

75,000

1,700,000

6,106,201

13,500,000

475,000

6,000,000

800,000

275,000

7,500,000

3,000,000

18,097,000

2,025,000

475,000

1,000,000

700,000-

400,000

I 75,000

2,000,000

8,500,000

3,630,000

3,628,341

5,300,000

16,586,205

14,640,926

5.275.537
500,000

17.245.°°°
3,804,980
5,000,000

23

354

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

LOCALITY

MANUFACTURER

Herkimer, N

Hinckley,

Hope Falls,

Jayville,

Lyons Falls,

Malone,

Massena,

McKeever,

Natural Bridge,

Natural Bridge,

Norwood,

Old Forge,

Onchiota,

Oswegatchie,

Oswegatchie,

Owl's Head,

Old Forge,

Plattsburg,

Parish ville,

Philadelphia,

Potsdam,

Potsdam,

Paul Smith's,

Pine Lake,

Rockwood,

Sandy Hill,

Saranac Lake,

Deimel & Snell

Trenton Falls Lumber Company

W. H. Lawton

Post & Henderson

Gould Paper Company

A. B. Parmelee & Son

Massena Lumber Company

Moose River Lumber Company

Yousey Brothers

Calvin V. Graves

Norwood Manufacturing Company

Fulton Chain Lumber Company

Kinsley Lumber Company

W. G. Coffin

John Irvin

Scott G. Boyce

Old Forge Company

Baker Brothers*

S. L. Clark & Son

William Roberts

A. Sherman Lumber Company ....
Clarkson Manufacturing Company . .

Paul Smith Hotel Company

Henry T. Bona

Everett Young

Kenyon Lumber Company

Stephen Merchant

250,000

20,194,156

I 75,000

1,700,000

^.315-623

750,000

300,000

1 1,163,000

700,000

50,000

10,227,439

800,000

2,000,000

1,000,000

1,200.000

100,000

7,800.000

2,050,000

430.937

9'733:245

1,000,000

1 50,000

250,000

400.000

2,146,208

1,098,000

* Lumber from mills of M.
W. A. Reynolds and Ducey Lu

E. Walker, B. R. Brewster, P. Hanlon, Wales Parsons, F. M. Purdy,
mber Company.

FISHERIES, GAME AND FORESTS.
AMOUNT OF LUMBER CUT IN THE YEAR 1895.— (Continued.)

355

250,000

200,000

2,000,000

540.57°

500,000
549,000
2,800,000
50,000
322,287
200,000
750,000

1,000,000

650,000
670,000
3-591. '41
251.796
200,000

40,000

200,000

1,599,864

250,000
65.257

183,000

1,056,167
150,000

100,000

1,000,000

1 10,000

287,291

977.551
I 50,000

1.356.903

700,000

125,000
100,000

200,000

50.964*

250,000
300,000
850,000
c; 00, 000

7,000

478.8i9t

40,220

40,000
50,000
86,455

1,200,000

20,194,156

500,000

4,050,000

2,921,450

750,000

800,000

1 1,895,000

3,800,000

100,000

11,656,857

1,150,000

3,000,000

300,000

2,850,000

1,800,000

200,000

9,450,000

2,837,000

4,788,188

1 1,002,81 2

1,200,000

300,000

330,000

650,000

5,189,430

1,098,000

* Includes 46,523 feet tamarack.
t Includes 335,173 feet ash.

,S56

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

i,oca;,ity

MANUFACTTRKR

ftPRUCK

Saranar Inn N. V

Upper Saranac Association . .

600 000

South Bangor. "

Shepard iV .Morse Company

Young &: Lindsay

400,000

2,470,000

200,000

Stratford. " - . .
Stratford *'

J. C. Livingston & Co

Wm. ^V. Knapp

Stratford. "

St. Regis Falls. "

David Helterline

Santa Clara Lumber Company

Thomson, Douglas & Dix

cSgO.OOO

4,986,465
7,970,198

1 1,700,000
340,000
600,000

Tupper Lake. ■■

Tupper Lake. "

Warrensburgh. "

West Stockholm. ■■ . .

A. Sherman Lumber Company

Export Lumber Company

A. C. Emerson & Co

George N. Gibson .

Various places. '

Small mills

Total

2,500,000

20S. 1 53.438

FISHERIES, GAME AND FORESTS.

357

AMOUNT OF LUMBER CUT IN THE YEAR 1895.— (Concluded.)

HEMLOCK

PINE

HARDWOOD

TOTAL

400,000
600,000

200,000
1-722,465

1,020,000

700,000

2,000,000

200,000

374.443
329,800
1,300,000
340,000
40,000
150,000

50,000

618,000

200,000

300,000

1,100,000*

42,000

75,000
350,000

1,250,000

529.707
1,000,000
3,088,000

400,000
1,350,000
1,100,000

7-'25,373
8.299.998

13,000,000
1,700,000
1,415,000
5,000,000

60,232,054

21,406,2 I I

7,818.458

297,610,161

• Birch and maple ; two-thirds birch.

358

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

LOCATION

Belfort, N. Y

Beaver River,

Brandon,

Bloomingdale,

Bucks Bridge,

Bleecker,

Bleecker,

Canton,

Castorland,

Castorland,

Chase's Lake,

Crary's Mills,

Clinton Mills,

De Grasse,

Diana,

Dickinson Centre

Dolgeville,

Elizabethtown,

Everton,

Forestport,

Forestport,

Glendale,

Glens Falls,

Glens Falls,

Glens Falls,

Gray,

Gouverneur,

Gouverneur,

MANUFACTURER

Le Fevre & Crumb

Firman Ouderkirk

Ducey Lumber Company

\Vm. J. Gillespie

Bucks Bridge Lumber Company* .

H. Vandenburgh

John M. Peters, Jr

Canton Lumber Company

Beaver River Lumber Company . .

M. W. Van Amber

Le Roy Crawford

Oscar Runions

Ladd & Smallman

Andrew Negus

WiUiam Ingraham

Anson Hutchins

Alfred Dolge

Livingston Woodruff

Everton Lumber Company

Denton &: Waterbury

Forestport Lumber Company . , . .

Henry Abbey

Finch, Pruyn & Co

Morgan Lumber Company

George H. Freeman

Charles B. Gray

Weston, Dean & Aldrich

Starbuck & McCarty

SPRUCE

400,000

6,862,91 2

2,600,000

350,000

3,500,000

450,000

100,000

9,500,000

13,800,000

1,900,000

100,000

50,000

400,000

150,000

100,000

100,000

1,500,000

50,000

5,750,000

2,500,000

2,374,682

2,000,000

19,681,666

11,723,962

979>455

500,000

7,890,000

800.000

* Mills at Bucks Bridge and Canton, N. Y.

FISHERIES, GAME AND FORESTS.

359

AMOUNT OF LUMBER CUT IN THE YEAR 1896. {In Feet. B. M.)

HEMLOCK

1,000,000

125,000

2,625,000

50,000

100,000

1,500,000

I 1,540,000

1,600,000

100,000

200,000

550,000

450,000

150,000

100,000

1,300,000

2.236.552
3,878,130

444,999

200,000

6,945,000

406,777

2,000,000
875,000

1,400,000

50,000

200,000
25,000

175,000
250,000

2,000,000

447.310

1,180,399

194,661

1.359,000

HARDWOOD

300,000

TOTAL

175,000
50,000

75,000
500,000

25,000
500,000*

35.000

26.558!
600.000
51,000

1,700,000
6,862,912

4.600.000
475,000
7,000,000
500,000
220,000 -
1 1,000,000
26.740,000
3,500,000
200,000
475,000
1,000,000
800,000
275,000
175,000
2,000,000
350,000
6.500,000
2,635,000
2.374,682
5.300.000
22,365.528
16,782,491

i;645.673
1,300,000

16,245,000

1,206,777

Yellow birch.

t Ash.

36©

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

LOCALITY

Harrisville,

Herkimer.

Hinckley.

Hope Falls,

Jayville.

Lyons Falls,

Malone.

Massena,

McKeever.

Natural Bridge,

Natural Bridge,

Norwood.

Old Forge,

Old Forge,

Onchiota,

Oswegatchie,

Oswegatchie.

Owl's Head.

Parishville,

Paul Smith's.

Philadelphia,

Pine Lake,

Potsdam,

Potsdam,

Plattsburg,

Rockwood,

Sandy Hill,

N.

MANUFACTURER

Y C. R. Remington & Son

Deimel & Snell

Trenton Falls Lumber Company

W. H. Lavvton

Post & Henderson

Gould Paper Company

A. B. Parmelee

Massena Lumber Company

Moose Kivtr Lumber Company

Yousey Brothers

Calvin V. Graves

Norwood Manufacturing Company . . .

Fulton Chain Lumber Company

Old Forge Company

Kinsley Lumber Company

W. G. Coffin

John Irvin

Scott G. Boyce

S. L. Clark & Son

Paul Smith Hotel Company

William Roberts

Henry T. Bona

A. Sherman Lumber Company

Clarkson Manufacturing Company. . . .

Baker Brothers*

Everett Young

Kenyon Lumber Company

SPRUCE

2,500,000

250.000

11,211.445

I 50,000

1,700,000

3-392.I34

500.000

300.000

5,490,000

700,000

50.000

7-055' 1 5^
600.000
100,000

1,750.000

1,000.000

1,200.000

1,700,000

1 50,000

199,029

250,000

4,614,650

1,000,000

1 1,050,000

500,000

3,131.627

* Lumber from
W. A, Reynolds an

mills of M. E. Walker, B. R. Brewster, P. Hanlon, Wales Parsons, F. M. Purdv,
d Ducey Lumber Company.

FISHERIES, GAME AND FORESTS.

?6l

AMOUNT OF LUMBER CUT IN THE YEAR 1896.— (Continued.)

2,500,000
250,000

250,000

2,000,000

141,199

500,000

2,800,000
50,000

728,559
500,000

1,000,000
100,000
650,000

2,217.757
10,000
163,034
200,000
400,000
200.000

2,511,396

250,000
53,028

100.000

990,135
100,000
100,000

80,000
150,000
241,668

444,193
1,000,000
1,529,890

700,000

: 25,000
100,000

200,000

5,27"

250,000
300,000
850,000
500,000
20,000

184,811 *
40,000
26,800

50,000
55,645

5,000,000

1,200,000

11,211,443

525,000
4,050,000
3,586,361

500,000

900,000
5,490,000
3.800,000

100,000
8,779,117
1,200,000

200,000
2,000,000

300,000
2,850,000
1,800,000
2,450,000

300,000
2,843.265

300,000

5,248,677

1,200,000

12.450,000

750,000
7,228,558

* Includes 56,865 feet basswood.

?62

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

LOCALITY

MANUFACTURER

SPRUCE

Saranac Inn, N.
Saranac Lake,
South Colton.

Y

Upper Saranac Association

Stephen Merchant

Young & Lindsay

600,000

1,098,000

400,000

Stratford,

Stratford,

Stratford,

St. Regis Falls,

Thomson's Mills,

J. C. Livingston & Co

^\'m. W. Knapp

David Helterline

Santa Clara Lumber Company

Thomson, Douglas &: Di.x

1,750,000

400,000

1,110,430

3,411.986

13,500,000
340,000

Tupper Lake,
Tupper Lake,
Warrensburgh,
West Stockholm,
Various places.

A. Sherman Lumber Company

Export Lumber Company

A. C. Emerson & Co

George N. Gibson

Small mills

280,000
2,500,000

Total

184,384.128

FISHERIES, GAME AND FORESTS.

363

AMOUNT OF LUMBER CUT IN THE YEAR 1896.— (Concluded.)

HEMLOCK

PINE

HARDWOOIJ

TOTAL

400,000
600,000

265,000

1,020,000

250,000

2,000,000

250,000

319.685

90.595

1,500,000
340,000

150,000

575.000

100,000

50,000

2,000,000

30,000

108,000*
350,000

1,250,000
1,098,000
1,000,000
2,325,000
500,000
1.425.430
2,000,000
5,360,863

2.427.595

I 5,000,000

1,700,000

638,000

5,000,000

58.907.595

17.945.564

8,978,085

270.215,372

* Includes 10,000 feet elm.

364

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.
MANUFACTURE OF SHINGLES FOR THE YEARS 1894, 1895 AND 1896.

LOCALITY

MANUFACTURER

1894

1895

1896

Canton, N. Y.

Buck's Bridge Lumber Co ... .

250,000

250,000

300,000

Diana, "

AVilliam Ingraham

1,000,000

500,000

600,000

Gouverneur, "

Weston, Dean & Aldrich ....

2.100,000

2,100,000

2,100,000

Natural Bridge. "

Calvin V. Graves

200,000

200,000

200,000

Old Forge, "

Fulton Chain Lumber Co ... .

300,000

300,000

Onchiota, "

Kinsley Lumber Company . . .

250,000

500,000

150.000

Parishville, "

S. L. Clark & Son

2,000,000

2,000,000

875,000

Paul Smith's, "

Paul Smith Hotel Company. .

I 50,000

1 50,000

150,000

Philadelphia, "
Potsdam, "

William Roberts . .

1,307,000
8,225,000

1,681,000
3-937'°°°

1,302,000
4,130,000

A. Sherman Lumber Company

Saranac l>ake, "

Stephen Merchant

200,000

200,000

200,000

Thomson's Mills, "

Thomson, Douglas & Di.x . .

852,000*

770,000*

367,000*

Tupper Lake, "

A. Sherman Lumber Company

3,619,000

Tupper Lake, "

Shepard & Morse Lumber Co.

649,000

460,000

4,282,500

Warrensburg, "

A. C. Emerson & Co

600,000

600,000

600,000

West Stockholm, "

George N. Gibson & Son ....
Total

900,000

1,000,000

700,000

18,683,000

18,267,000

16,256,500

Cedar shingles.

FISHERIES, GAME AND FORESTS.

365

GREAT FOREST OF NORTHERN NEW

MANUFACTURE OF LATH FOR THE YEARS 1894,

YORK.

1895 AND 1896.

LOCALITY

MANl-FACTURER

I

Bleecker, N. Y.

Brandon,

Canton, "

Canton, "

Diana, "

Everton, "

Forestport, "

Forestport,
Glens Falls, "

Glens Falls,
Gouverneur,
Gouverneur, "

Onchiota, '•

Philadelphia, ''

Potsdam, "

Pine Lake,
Rockwood, "

Sandy Hill,
Saranac Lake,
Stratford,

Thomson's Mill, •
Tupper Lake,
Warrensburg, "

West Stockholm, "

John M. Peters, Jr

Ducey Lumber Company
Canton Lumber Company
Bucks Bridge Lumber Co

William Ingraham

Everton Lumber Company
Forestport Lumber Company
Denton & Waterbury . ...
Morgan Lumber Company .

George H. Freeman

Weston, Dean & .\ldridge . .

Starbuck & McCarty

Kinsley Lumber Company .

William Roberts

A. Sherman Lumber Company

Henry T. Bona

Everett Young

Keiiyon Lumber Company . . .

Stephen Merchant

William W. Knapp

Thomson, Douglas & Dix . . . .

A. Sherman Lumber Co

A. C. Emerson & Co

George N. Gibson & Son ....

Total

1S94

60,000

934.300

500,000

200,000

4,000,000

2,493,300

2,000,000

3,195,400

2,950,000

3,500,000

91 2,000

300,000

799,000

2,41 1. 000

250,000

300,000

1,935,100

300,000

T 00.000
3,902,900
510,000
600,000
300,000

32,453.000

I

■S95

1896

65,000

75,000

3,800.000

1,000,000

751,200

200,000

500,000

500,000

4,500,000

3,000,000

2,137,700

',555,000

2,300,000

2.1 25,000

1,306,800

862,000

2,341,000

277,000

3,500,000

3,500,000

1,300,000

555,000

300,000

1,010.000

200.000

2,790,000

1,330,600

250,000

250,000

400,000

400,000

r, 443, 800

1,786,200

300,000

300,000

100,000

2,328,700

1,463,800

2,371,400

670,400

600,000

600,000

200,000

100,000

34,295,600

21,050,000

366

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.

AMOUNT OF PULP TIMBER CUT. {In Cords.)

LOCATION

PROPRIETORS

1896

Ausable Forks, N. Y

Beaver Falls, "

Beaver Falls, "
Black River,

Black River, "

Black River, "

Ballston Spa, "

Brainard, "

Brownville, "

Brownville, "

Brownville, "

Cadyville, "

Carthage, "

Carthage, "

Carthage, "

Chateaugay, "

Chasm Falls, "

Colton, "

De.vter, "

Dexter, "

Dexter, "

Dexter, "

Dexter, "

Forestport, "

J. & J. Rogers Co

J. P. Lewis Co

Lewis, Slocum & Le Fevre . . ,
Jefferson Paper Company ....
Black River Wood Pulp Co
Empire Wood Pulp Company

George West*

W. D. Barnes

Brownville Paper Company . .
Globe Paper and F'ibre Co
Outterson Paper Company . .
Saranac River Pulp and Paper

Company

A. E. Maxwell

Henry Spicer & Son

Franklin E. Robinson

Chateaugay Pulp and Paper Co.
Adirondack Pulp and Paper Co.

Raquette River Pulp Co

Jones & Hunter

Dexter Sulphite Pulp and

Paper Company*

Leonard & Gilmour Co

St. Lawrence Mills

Frontenac Paper Company . . .
Currin & Nichols

7>334
636
810

2,000
800
800

3,000
100

1,000
700
500

•5.29°
416

1,000

2,000

5,000

1,200

4,500

700

8,460

800

1,200

2,000

17,049

1-315

1. 791

2,000
800
800

3,000
200

1,000
700
500

6,001
487
1,000
2,000
5,000

5,000
700

9.405

800
2,000
1,000

26,322
1,300

2-398

2,000

800

800

6,000

150
1,000

500

6,143
604
1 ,000
2,000
5,000
1,000
6,000
700

9-57 5
600
1,300
2,000
1,000

* Chemical mill.

FISHERIES, GAME AND FORESTS.

367

GREAT FOREST OF NORTHERN NEW YORK.
AMOUNT OF PULP TIMBER CUT.— Continued.

LOCATION

PROPRIETORS

1894

■895

1896

Fort Ann, N. Y.

Kane's Falls Pulp Company . .

925

950

985

Fii11<>rvi11p "

Keller Bros

1,000

qoo

800

Fulton,

Fulton Paper Company

2,123

4.06.3

4,314

Fulton,

Victoria Paper Mills Co . . .

500

500

Fulton,

Oswego Falls Pulp and Paper

Company

4,500

5,000

5,000

Fort MUler,

Fort Miller Pulp and Paper Co.

162

893

Glens Falls,

Glens Falls Paper Mill Co • .

11,763

•3,381

13,003

Gouverneur, "

Gouverneur Wood Pulp Co . .

4,000

5,019

5,363

Great Bend,

Great Bend Paper Company . .

538

1,2 10

Herkimer, "

Herkimer Paper Company . . .

3,789

3,895

6,760

Lockport, "

Traders Paper Company

443

884

874

Lockport, "

Lockport Pulp Company ....

3,000

1, 000

Lyons Falls,

Gould Paper Company

15,698

23,124

14,457

Lyons Falls, "

Moose River Paper Company .

1,400

1,400

1,400

Lyonsdale, "

Lyonsdale Paper Mfg. Co . . . .

800

800

800

Mechanicville, "

The Duncan Company t

6,462

25,469

•5,465

Niagara Falls, "

Cliff Paper Company

422

•7

84

Niagara Falls, "

Niagara Falls Paper Company.

4,000

Norwood, "

0. E. Martin

950

1,400

1,000

Newton Falls,

Newton Falls Paper Company.

6,000

Oswegatchie, "

Standard Pulp Company

2,000

2,000

2,000

Palmer, '; ^

Hudson River Pulp and Paper

-

Company * ...

9,566

9,466

•0,333

Platlsburg, - '^--

Treadwell Mills Pulp and

Paper Company

5,000

5,000

5,000

* Chemical and m

?chanical.

+ Chemical mill.

368

REPORT OF THE COMMISSIONERS OF

GREAT FOREST OF NORTHERN NEW YORK.
AMOUNT OF PULP TIMBER CUT.— Concluded.

LOCATION

1S96

Plattsburg,
Port Henry,
Potsdam,
Potsdam,
Pyrites,

Rochester,

Sandy Hill,

Sandy Hill,

Schuylerville,

Schuyler\'ille,

Skaneateles,

South Edwards,

Ticonderoga,

Ticonderoga,

Warrensburg,

Watertown,

VVatertown,

Watertown,

Watertown,

Watertown,

Watertown,

Watertown,

Willsboro,

N Y.

Frydenbiirg Falls Pulp Co ...

Allen & Sherman |

Piercefield Falls P. and M. Co.'

Raquette River Paper Co* . . . [

High Falls Sulphite P. and M.
Company t

Genesee Paper Company ....

Alice Falls Company

Sandy Hill Power Company . .
American Wood Board Co . . .
Thomson Pulp and Paper Co.

John E. Waller

South Edwards Pulp Co

E. Richards & Son

Ticonderoga Pulp and PaperCo.
Schroon River Pulp Company.

Ontario Paper Company

Taggarts Paper Company ....
Remington Paper Company* .
C. R. Remington & Son Co. .
^^'atertown Paper Company . .

Knowlton Bros

Black River Wood Pulp Co . .

New York and Pennsyl vaniaCo.

Totals

834
17,400

3.333

7.500

1.500

5-714

2.529

795

943

273

1,500

94

5,000
1,666

1-327

4,924

15.190

4.050
3,500

237
1,000

3,248

^204,182

13,000

13,000

1,353

2,043

17,400

17,400

3!333

3!333

7.500

7,500

2,000

2,000

4,228

4,830

4,024

4.030

823

1,183

3,254

3,063

455

728

1.500

1,600

1,100

1,300

5,000

5,000

2,337

2,984

4,208

4,173

4,300

7,276

15,270

15,080

4,751

4,546

3,500

4,000

248

256

2,000

2,000

4,897

5.698

j: 276,669

f 291,246

* Chemical and mechanical.

t Chemical mill.

t 204, 182 cords of pulp wood equ.ils 1 12,095,918 feet B. M.
276.669 " " 151,891,281 "

291,246 " " 159,894,054 "

FISHERIES, GAME AND FORESTS.

369

Spruce, ....

Hemlock, ....
Pine, .....
Hardwood, ....

Total lumber.
Pulp wood, 204,182 cords, equivalent B. M.,

Tota:l lumber and pulp wood,

SUMM.\RY.
1894.

Shingles,
Lath, .

1895.

Spruce, ....

Hemlock, ....
Pine, .....
Hardwood, ....

Total lumber.
Pulp wood, 276,669 cords, equivalent B. M.,

Total lumber and pulp wood,

FEET.

200,732,012

6'.455'595
20,151,915

6.360,747

288,700,269
ii2>o95i9i8

400,796,187

PIECES.

18,683,000

32.453.0°°

FEET.
208,153,438

60,232,054

21,406,21 I

7,818,45s

297,610,161
151,891,281

449.50'.442

Shingles,
Lath, .

1896.

Spruce, ....

Hemlock, ....
Pine, .....
Hardwood, ....

Total lumber,
Pulp wood, 291,246 cords, equivalent B. M.,

Total lumber and pulp wood.

PIECES.
18,267,000
34,295,600

FEET.
184,384,128

58.907,595

17.945,564

8,978,085

270.215,372
159,894,054

430,109,426

Shingles,
Lath, .

24

PIECES.

i6,256,50<>
21,050,000

370 REPORT (IF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

PRODUCTION OF LUMBER BY DISTRICTS.
1894.

Glens Falls District, . . . .

.St. Lawrence County,
Franklin and Clinton Counties, .
Jefferson, Lewis and Oneida Counties,
Herkimer and Fulton Counties, .

Total,

Glens Falls District, . . . .

St. Lawrence County,
Franklin and Clinton Counties, .
Jefferson, Lewis and Oneida Counties,
Herkimer and Fulton Counties, .

Total,

1893.

66,713,989
71,020,697
59,823,256
56,796,990
34>345.337

52,017,471
73,836,649

64,374.998
59,471,180
47,909,863

288,700,269

297,610,161

1896.

Glens Falls District, . . . .

St. Lawrence County,
Franklin and Clinton Counties, .
Jefferson. Lewis and Oneida Counties,
Herkimer and Fulton Counties, .

Total,

56,958,113
65.142,571

52.775.595
65,717,220
29,621,873

270.215.372

RECAPITULATION.

1894.

Lumber and pulp wood, ....... Feet, B. M., 400,796,187

Shingles, pieces, 18,683,000

Lath, " 32,453,000

189S.

Lumber and pulp wood, ....... Feet, B. M., 449,501,442

Shingles, pieces, 18,267,000

Lath, " 34,295,600

1896.

Lumber and pulp wood, Feet, B. M , 430,109,426

Shingles, pieces, 16,256,500

Lath, . , „ . " 21,050,000

Lands Parcl)a5e<l.

As stated in the preliminary report of this Commission, the Forest Preserve was
increased during the year by an accession of 92,974 acres. The lands acquired were:

ACRES.

\Vm. McEchron purchase, ........ 1 7)354

W. S. Webb purchase 74.584

John Brown Farm, ......... 243

92,18:

The two tracts first mentioned were acquired by purchase; the latter, through a
deed of gift to the State.

In addition to the lands thus specified there was deeded to the State by Patrick
Moynehan, of Glens Falls, N. Y., a tract containing 1,950 acres. This conveyance
was made December 3, 1895, but the contract was made by the Forest Commission
prior to the appointment of the present Board, and before the fiscal year to which this
report relates. This land is situated in Township 28, Totten & Crossfield Purchase,
Town of Newcomb, Essex county, and adjoins the two large private preserves of Mr.
Robert C. Pruyn, of Albany, N. Y., and the Caughnawaga Club, of New York city.
The price paid was $1.50 per acre for i,200i^ acres, and $2 per acre for the
remaining 741 acres; total consideration, $13,901.86. -

Tt)e AcRcbron Parcl)a«^e.

The lands purchased by this Commission of William Mclichron and others was
conveyed to the State February 12, 1896. Mr. McEchron is a resident of Glens Falls,
N. Y., and other persons* were interested with him in the ownership of the lands thus
conveyed. The tract is in a solid block situated in Hamilton and Warren counties,
and in the towns of Wells, Thurman, and Johnsburg. It may be further described as
being in Townships 10 and 29 of the old land grant known as the Totten & Crossfield
Purchase, a colonial grant antedating the War of the Revolution.

The price paid was $1.50 per acre ; the total acreage was i7,354t^ij acres, and
the total consideration was $26,031.32.

Before recommending the purchase of this property, the Forestry Committee of the
Commission made a personal examination of the lands. At a subsequent meeting of
the Board, held October 7, 1895, this Committee submitted the following report:

* Morgan Lumber Company, Glens Falls, N. Y.
371

372 REPORT OF THE COMMISSIONERS OF

To the Board of Fisheries, Game and Forests, Albany, N. V.

Gentlemen : Your Committee on Forest Lands beg leave to submit the following
report upon lands offered for sale, viz. :

On August 17, 1894, John Edmondson, of Johnsburg, N. Y., filed with the then
Forest Commission, an offer to sell 300 acres of land, in Township 29, Totten &
Crossfield Purchase, Warren county, at $1.50 per acre.

On April 2, 1894, Gardner Winuey, of- Northville, N. Y., filed an offer with the
Forest Commission to sell 210 acres of land in Lot 16, north end of same,
situated north of the Sacandaga River, in Townships 10 and 29, Totten & Crossfield
Purchase, Hamilton county, at $1.50 per acre.

On August 8, 1895, the Morgan Lumber Company, of Glens Falls, N. Y., filed
with this board an offer to sell about 15,000 acres, more or less, being Lots 13, 14,
15, 16, 17, 18, 19 and 20, and certain Great Lots not subdivided, in Townships 10 and
29, Totten & Crossfield Purchase, Hamilton and Warren counties, at $1.50 per acre.

On July 16-19, '895, your Committee, accompanied by Mr. McEchron of the
Morgan Lumber Company, and Colonel William F. Fox, the Engineer of the
Commission, made an examination of these lands, such as we were able to make by
driving over same on a traveled road which runs across the tract from east to west,
cutting the eastern portion, or so-called Great Lots, through the middle, and crossing
the northern part of the other lots offered for sale by the said lumber company. This
road also brought us in sight of the 300 acres lot and the 210 acres lot offered by
Edmondson and Winney, as pointed out to us by the engineer when on the ground.

We also left the road, going on foot into the timber on one occasion to a distance
of perhaps three-fourths of a mile up an elevation to look at a sheet of water known
as " Cod Pond," and to get a general idea of how closely these lands had been
lumbered. The general character of this tract is hilly and rough, having but a small
percentage of arable land, and that very poor for agricultural purposes.

The East Branch of the Sacandaga River crosses all but two of the lots offered
by the Morgan Lumber Company, and bounds the Winney lot on the South. The
Edmondson lot corners on the same stream. Quite a large creek, also, crosses the
southeasterly Great Lot and Lot 20 of the Morgan Lumber Company.

The whole territory has been lumbered over some years ago, the hemlock, or
the best of it which was of suitable size, having been cut off, mostly for lumber for
shipment or local use, and for the bark. The spruce had also been cut for lumber.
The timber left is of the usual species growing in that section, mostly maple, beech
and birch, with small spruce, hemlock, and balsam. On some of the hills, or
mountains so-called, where it was impracticable to lumber, there is quite a growth of
large spruce left.

FISHERIES, GAME AND FORESTS. 373

On the land of the Morgan Lumber Company several hundred acres, perhaps 500
or more on the various lots along the river front, were cleared ofT years ago when the
tanneries and lumbering operations were going on.* But from present appearances,
the forest is again getting the best of the clearings, as the bushes are crowding in
around the edges and springing up into second growth on much of it. Fires have
never injured these lands, to any extent at least ; such as we viewed showed no
evidence of any large fires having run through it.

Along the river road there are quite a number of old buildings, once used as
residences, but now unoccupied and of no special use or value; also some few houses
along the south side of the river which are occupied by families. If the State should
purchase this tract these occupants should not be allowed to remain unless they are
legally entitled to do so. They are an irresponsible class whose careless, slovenly
methods of carrying on their so-called farming is a constant nuisance to the whole
region on account of fire. Besides, they become habitual trespassers.

The general appearance of these lands is that of a dense forest and indicates that
within a few years they will again be interspersed with large-sized evergreen trees ;
that is to say, with a good, fair proportion of spruce and hemlock. This conclusion is
fair from the fact that a considerable portion of the timber now standing is young
spruce, hemlock, and balsam.

We ha\e had submitted to us the detailed report of Thomas Powers, Forester,
made from personal examination in the winter of 1895, of all the Morgan Lumber
Company lots ; also the report of S. C. Armstrong, Forester, who examined the
Edmondson and Winney lots at the same time. These reports give the particulars and
details as to each lot, quality and quantity of timber, and topographical features, and
are submitted herewith as part of this, our report.

The said Foresters' reports, twelve in number, are marked for identification,
"Exhibits A, B, C, D, E, F, G, H, I, J, K. and L."

The assessed valuation of these lots for 1895 is: Lots 13 to 16, inclusive, $1 per
acre ; and balance of Townships 10 and 29 at $1.50 per acre.f

The purchase of the lands in the three offerings considered in this report will, as
may be seen bj' reference to the map, give the State quite a solid tract of forest on the
Upper Sacandaga. Deeming the price proposed reasonable and fair, your Committee
recommends that, if the funds on hand will warrant, contracts be made for the
purchase of all three of the tracts offered.

*These cleared lands were not included in the offer of the Morgan Lumber Company, and were
not bought by the State.

f The intention of the assessors is to always assess land at less than its value.

374

REPORT OF THE COMMISSIONERS OF

And your Committee further reports that they have expended in making the
necessary examination of said lands the sum of $99.55. All of which is respectfully
submitted.

WILLIAM R. WEED,
H. H. LYMAN,
B. H. DAVIS,

Coiuinittee.
Dated, ALBANY, N. Y., September 14, 1895.

The reports of Forester Powers were a valuable assistance in determining the value
of the land, as he had passed his whole life in the Adirondack forests and was a
recognized expert on the examination of this class of property with reference to
timber value. He reported on each lot separately, making out his report on the blank
forms furnished by the Commission for such purposes. These printed forms contain
a series of questions which are intended to elicit all necessary information regarding
the land examined, the questions being complete and exhaustive.

Powers examined these tracts from January 28 to February 4, 1895, going over each
lot on snowshoes. As there were no leaves on the hardwood trees, he had a good
opportunity to estimate the amount of young spruce, hemlock and other evergreen
species. He states that although the tract had been lumbered, the hardwood trees,
which constituted eighty per cent, of the original growth, remained as before ; that
only the larger soft wood trees were cut ; and that, throughout the entire tract, the
young spruces which were left by the lumbermen would average seventy trees to the
acre; and the young hemlocks, sixty trees to the acre. Forester Powers claims that in
twenty-five years these lands will yield a second cutting of spruce. On Lot 19, there
was a dam at the outlet of Cod Pond, the overflow from which had killed some timber
around the shore, but to no great extent, as the pond is small and the water was drawn
out each year before the trees were in leaf. A fire occurred on this lot several years
ago, which burned over a small area; but the land thus injured is covered o\-er with a
thick growth of young trees composed of poplar, birches and cherries.

The cleared lands along the Sacandaga River on Lots 13, 14, and 15 were not
included in the contract, as the Commission prefers to confine its purchases to forest
land only. Moreover, there were several families residing on these meadows, and it
was not deemed advisable to eject them at present.

The tract of the Morgan Lumber Company is well stocked with deer, and is a
favorite hunting ground, the Sacandaga River furnishing some fine runway shooting.

The report of the Forestry Committee having been adopted by the Board, notice
of such approval was transmitted to the Commissioners of the Land Office.

FISHERIES, GAME AND FORESTS. 375

At a meeting of the Land Commissioners, November 26, 1895, the Attorney-
General offered the following resolution :

Resolved : That the resolution of the Board of Fisheries, Game and Forests that
the said Board of Fisheries, Game and Forests contract with the Morgan Lumber
Company of Glens Falls, N. Y., for the purchase of about 15,000 acres, more or less,
being Lots 13, 14, 15, 16, 17, 18, 19, 20, and Great Lots not subdivided, in Townships
10 and 29, Totten & Crossfield Purchase, Hamilton and Warren counties, at $1.50
per acre, be approved; such approval, however, not to take effect until the title to said
lots and undivided Great Lots in said Morgan Lumber Company of Glens Falls, be
approved by the Attorney-General.

The Attorney-General having approved the form of conveyance and the validity
of the title, the Morgan Lumber Company presented its deeds to the Comptroller and
received payment for the following described lands :

HAMILTON COUNTY.
ToTTEN & Crossfield Purchase, Townships jo and 29.

ACRES.

Lot 13, ex. 222.78 a. N. pt., ........ 633.72

14, ex. 239.90 a. N. pt., ........ 624.60

15, all in Hamilton county, 821 a. ex. 222.74 a. N. pt. thereof, . 598.26

16, all in Hamilton county, 600 a. ex. 100 a., VVinney farm, being

all N. of the Sacandaga River and W. of the county line
after ex. the part thereof known as the Drake farm, b'd beg.
at a stake and stone on E. bank of said river 3c. from mouth
of George's Brook and runs th. N. 25 deg. E. 50c. to a stake
and stones; th. S. 65 deg. E. 40c. to a stake and stones; th.
S. 25 deg. W. to centre of George's Brook; th. N. 65 deg.
W. 4c. 40 1. from beg. ; and th. N. 65 deg. W. 4c. 40 1. to
beg., 300

17, all in Hamilton county, ........ 18

VV.\RREN COUNTY.
ToTTEN & Crossfield Purchase, Townships 10 and 29.
lyOt 1 5, all in Warren county, ........ 56

16, same, ........... 724

17, same, 1,348

18, ''370-75

19, all in Johnsburg, ......... 63

19, all in Thurman, ......... i)33i-75

20, all in Johnsburg, . . . . . . . . . 377

20, all in Thurman, ......... 1,041

376 REPORT OF THE COMMISSIONERS OF

Township 29. acres.

All of the unallotted part of Township 29, in Johnsburg, ex. 2,400
a. E'ly end of the Rutherford Tract, 80c. wide, E. & W.
1,200 a. N. pt. of all the Balfour Tract in Wan'en county,
176 1-5 a. b'd N. by the Sacandaga River, E. by line p'rl with
and 80 c. W. from E. hne of township, and S. by the S. line
of the Rutherford Tract, 116 a. known as the Benj. Harring-
ton farm, b'd E. by said 176 1-5 a. parcel, 64 a. being all of
1251^ a. on S. hne of the Rutherford Tract, 8oc. W. from E.
line or township, loc. 26 1. wide on E. and 10 c. 67 1. on W.
line not covered by said 176 1-5 a. and 116 a. parcels, . . 7,317.84

S. E. cor. in Thurman, bd. N. by town line & W. by lot 20, . . 1,020.6

Russell Tract.

N. E. cor. in Johnsburg. 41 c. 25 1. wide N. and S. and 80 c. long

E. cS: W., 330

On E. line of Township, beg. 103 ch. 75 1. from N. E. cor. and

being 25 c. wide N. & S. and 80 c. long E. & W., . . 200

Total acreage, ........ 17.354.52

The deed is dated February 12, 1896; the consideration named is $26,031.32.

Tl)e Webb Parchase.

In 1886, the State of New York erected a dam on the Beaver River at Stillwater,
in Herkimer county, for the purpose of impounding water and creating a large
reservoir in which to store the motive power necessary for the manufactories on the
Black River, into which the Beaver River empties.

Prior to its erection the State had diverted the water of the Black River at
Forestport by the erection of a dam that turned the entire stream, from above that
point, into the feeder of the Erie Canal, thus transferring it into a watershed other
than its natural one. The manufacturers at Watertown and other points on the
Black River demanded that the State should provide for this loss of water by con-
structing some reservoir. The dam on the Beaver River was authorized by act
of Legislature and built accordingly. This dam is eighteen feet high, and the back
flow caused by it extends up the river for twenty miles, flooding a large area of
country.

A claim for damages was made by Mary L. Fisher, of Lyons Falls, N. Y., who
owned 9,500 acres east of Stillwater, bordering on the Beaver River, and the Board
of Claims allowed $9,970.

>

<

o

LU

I

z
o

FISHERIES., GAME AND FORESTS. 377

Another claim for damages was made by William Seward Webb, of New York
city, who owned about 120,000 acres of forest land situated on waters tributary to
the Beaver River. As this claim was taken into consideration in determining the
price paid by the State for these lands, we submit a digest of the evidence in the
case as given before the Court of Claims;

statement of Claim and Ijficf Abstract of Evidence.

PREFACE.

The trial of the claim of the undersigned against the State of New York, in the Board of Claims,
was to recover damages to the amount stated in the claim of $184,350.60. The claim has been so
thoroughly and completely substantiated by evidence that the damages proven are about twice as
large as the amount claimed. At the time of the filing of the claim there was no proper appreciation
of its extent and magnitude on the part of the claimant. Its greater extent and magnitude over the
amount claimed, however, developed in the course of the trial ; and in case the claim is not settled,
and the litigation is continued through the Courts, the amount of the damages demanded will, of
course, be sought by the usual amendments to be made to conform to the proof.

The field of investigation covered a wide region of subject matter, including such matters as
lumbering with all its details, log driving, improving rivers preparatory to log floating, estimating the
yield of timber lands, building dams and mills, marketing of lumber, also the business of harvesting
pulp wood and converting it into paper; railroads and their construction, freight rates, and that
department of medicine which treats of the propagation and spread of miasmatic poisonings, including
also the subject of Adirondack lands for park purposes. Every eflFort was made by the claimant to
produce witnesses who are the very best authorities on the particular subject upon which they were
called to testify.

The trial of the claim on the part of the claimant occupied over a week, and the evidence covers
I>547 pages of type-writing besides very many exhibits, the examination of all which would be very
voluminous, and to save the trouble of such detailed examination, the annexed abstract of evidence is
submitted.

The following is a list of the witnesses who testified on behalf of the claimant : David C. Wood,
William R. Smith, George T. Crawford, Chandler E. Phelps, George C. Sherman, James Dunbar,
Hon. M. \V. Van Amber, Hiram Burke, James A. Koonz, A. J. Muncey, John McFarland. Madore
Lamore, William Gibbons, Edward B. Sterling, Hon. Wesley Barnes, Zebediah Dupuy, Hon. G. H.
P. Gould, Thomas A. Galvin, Hon. James P. Lewis, Dr. James H. Tamlin, Augustus Kessler, Dr.
Frederick Townsend, Herbert D. Carter, Dr. P. N. Von Zierolshofen, William Briggs, William P.
Goodelle, James Cosgrove, Hon. Lansing Hotaling, William McEchron, Herschel Roberts, Julius
Breckwaldt, Hon. T. M. Reed, Franklin E. Robinson, Dr. Florence Donohue, Erastus Darling, Dr.
J. W. Candee, William Harris, E. M. Burns, Charles Highby, Dr. Elmer D. Burch, Samuel O. Boul-
livant, Paul Smith.

Dated July 10, 1895.

WILLIAM SEWARD WEBB,
By Edward M. Burns, Manager.

378 REPORT OF THE COMMISSIONERS OF

BEFORE THE FOREST COMMISSION AND THE COMMISSIONERS OF THE

LAND OFFICE.

In the Matter of the Purchase of Lands

OF

William Seward Webb,
TO Quiet Claims for Damages to Lands
affected by the Beaver River Reservoir.

To the Fptrs/ Commission, and to the Commissioners of the Land Office of the State of Ne'M York :

As appertaining to the above purchase, in which there is to be a settlement of the pending claim
of the undersigned, under Laws of 1895, Chap. 561, including in the purchase price the payment of
damages to portions of the lands not purchased, with a release thereof by the claimant, attention is
respectfully called to the following extracts from the evidence of the witnesses called by the under-
signed upon the presentation of his claim before the Commissioners of the Board of Claims :

The claim, aggregating $184,350.60, is caused by the State dam at Stillwater, on the Beaver
River, and is composed mainly of damages done to the lands of the undersigned by reason of the
dam and reservoir interfering with the removal of the standing timber upon claimant's lands in
Townships 37, 38, 42 and 43, Totten & Crossfield Purchase, and the north part of Township 8
and east third of Township 5, John Brown's Tract, comprising in the aggregate 65,836 acres;
together with damages done to a portion of the same lands, and the lakes and streams around and in
the vicinity of Stillwater reservoir for camp, cottage and park purposes.

The Beaver River is a natural highway for the floating of logs and timber, and is tributary to a
large lumber and pulp wood market. By reason of the construction of the reservoir, the lands of
the claimant, to the extent of 65,836 acres, can not be lumbered by water, which is the cheapest and
most natural way of lumbering. Moreover, the reservoir renders a large tract of land, of at least
^1,678 acres, all told, totally inaccessible for lumbering by railroad. The balance of the tract,
consisting of 44,157 acres, can be lumbered by rail ; ' but lumbering by rail is at least three times as
expensive as lumbering by water.

By reason of the construction of the reservoir a great many existing camp and cottage sites are
flooded, a large section of the country rendered unhealthy, and its usefulness and value for camp
and cottage purposes completely destroyed.

It is respectfully submitted that the following propositions of fact are satisfactorily and conclu-
sively established :

First : That the Beaver River and its tributaries are natural highways, having size and capacity
for the purpose of floating logs.

Second: That the Beaver River is tributary to a large lumber market.

Third : That by reason of the construction of the reservoir, the timber and pulp wood from the
lands of the claimant can not be taken to market by water; and the timber on a large quantity of
land — 21,678 acres -is cut off and rendered totally inaccessible by either water or rail.

Fourth: That to lumber the 44,157 acres that are still left accessible, by rail, would be at least
three times as expensive as to lumber bv water.

Fifth : That the claimant has been damaged for lumbering purposes solely, at least $200,000.

Sixth : That the claimant has been damaged by destruction of camp and cottage sites, overflow-
ing of lakes, etc., from at least $60,000 to $70,000 more.

FISHERIES, GAME AND FORESTS. 379

Claimant's Position.

Claimant's theory of the case is that the State of New York has appropriated the submerged land
and the water thereon for its own purposes, and that the case is to be disposed of the same, so far as
the legal rights of the parties are concerned, as if the State had actually condemned a strip of land of
the size and dimensions indicated by the outlines of the reservoir; and that as to the appropriated
lands the title vests in the State absolutely, and that the lands thus flooded, together with the use of
the water in the Beaver River, have been taken and appropriated exclusively by the State ; and that
the claimant, his heirs, successors and assigns have not the right to use the land appropriated, with
the water thereon, for any purpose in connection with the balance of the tract.

A single glance at the map, taking into account the topography of the country, without the aid of
any testimony, shows that this crooked strip of land, ten miles or more, extending from the western
boundary of the tract right into its very centre, is absolutely necessary for lumbering purposes, to
cross and recross with supplies and loads, and to use for the purpose of floating the product of the
forest to market, and that without the land or the use of the land and water which the State has
flooded and taken, the claimant has suffered serious damages.

There can be no doubt but that the State takes a fee of the lands flooded. The language of the
statute is : " The fee simple of all premises so appropriated " • • • " shall vest in the people of
the State." (i R. S., 732, * 52, 8 ed.)

Position of the State.

The position of the learned Attorney-General is, in short, that the State does not take the fee of
the land, but merely appropriates an easement, and that, subject to the paramount right of the
State to the use of the land and waters, that the adjacent land owners have the right to use the same
in any way that they see fit.

For the purpose of the submission of the controversy in view of a purchase and settlement, the
claimant will here concede that the position of the Attorney-General is the correct legal position ; but
we still claim that even if such a rule as contended for by the Attorney- General were applied, the
damages are still greater than stated by the claimant in his printed claim.

First. The Beaver River and its Tributaries are Natural Highways, having Size
AND Capacity for the Purpose of Floating Logs.

The Beaver River is a large stream of water, having its origin in the northern part of Hamilton
County and flowing westerly across the county of Herkimer, and empties into the Black River at
Castorland, in the county of Lewis. The Black River flows north through Carthage, Watertown and
Dexter, and empties into Lake Ontario.

The evidence shows that not only has the Beaver River size and capacity sufficient for the purpose
of floating logs, but that it has been continuously used for a long time for logging purposes.
Having capacity to float logs, the stream is by the common law of this State a highway which anyone
is at liberty to use for logging purposes.

Morgan vs. King, 35 N. Y., 454;

Tibbitts vs. Canal Appraisers, 13 Wend., 355, page 371 ;

Brown vs. Scofield, 8 Barb., 239, page 243 ;

Palmer vs. Mulligan, 3 Caine, 307, page 318;

Canal Appraisers vs. People ex. rel. Tibbitts, 5 Wend., 423 ;

Ex parte Jennings, 6 Cow., 518, page 527;

People vs. Piatt, 17 John, 195, page 211;

Shaw vs. Crawford, 10 John, 236 ;

The Town of Pierrepont vs. Wm. D. Lovelace, 72 N. Y., 211, page 216;

Washburn on Easements, page 397 ;

2 Am. and Eng. Ency. of Law, page 470, and cases cited ;

16 id., page 259, and cases cited;

38o REPORT OF THE COMMISSIONERS OF

Buffalo Pipe Line Co. vs. N. Y., L. E. & W. R. R. Co., lo Abb., N. C, 107;

Wadsworth vs. Smith, 2 Fairchilds, 278, 280;

Brown vs. Chadbourne, 31 Maine, 9;

Knox vs. Challoner, 42 Maine, 150;

Brown vs. Black, 43 Maine, 443 ;

Garrish vs. Brown, 51 Maine, 256.

Anyone using such highway has, under the common law, the right of removing boulders or
obstructions from the navigable channel of the river.
Sec. 71, Lewis on Eminent Domain;
Sec. 80, Mills on Eminent Domain ;
2 Am. and Eng. Ency. of Law, page 470 ;

16 Am. and Eng. Ency. of Law, pages 264, 265, and cases cited;
Washburn on Easements, page 481 ;
Sec. 615, Gould on Waters;
Yates vs. Judd, 188 Wis., 118;
Brackson vs. Bresslee, 64, III, 488 ;
Sec. 163, Angel on Water Courses, and cases cited ;

Thompson vs. Androscoggin Improvement Co., 54 N. H., 545, page 548;
See also 51 Maine, page 264, id. 256;
Slayter vs. Fox, 5 Hun., 544.
(l.) Actio)i of the State relative to the Beaver River previous to the reserzioir legislation.
The Beaver River was by the Legislature of the State of New York early declared to be a public
highway for the purpose of floating logs. (Laws 1853, Chapter 643.)

In 1864, $10,000 was appropriated and subsequently spent by the State in improving the rafting
channel of the Beaver River. (Laws 1864, Chapter 233.)

Section i (Laws 1864, Chapter 233) appropriates the sum of $10,000 — $5,000 to be spent in
1864 and $5,000 to be spent in 1S65 — for the purpose of clearing and improving the rafting channel
of the Beaver River.

Section 2 provides that said $10,000 shall be expended under the direction of John W. Wright,
Charles W. Smith and Nelson Rulison, Commissioners.

Section 3 provides and regulates the fees of the Commissioners.

Section 4 is as follows: " The Canal Board are directed and required to levy and collect the same
tolls upon the river hereby to be improved as are now levied and collected upon the several canals of
this State upon all property and boats passing up and down the same."

WILLIAM GIBBONS, at present a farmer, and for twenty-five years previous a practical lumber-
man, until he lost his arm and was forced to retire from the lumber business, and an experienced log
driver and improver of streams preparatory to driving them, testified that Nelson Rulison, John
Wright and Charles W. Smith, named in the act of 1864, Chapter 258, are all dead; that in 1864
Gibbons had charge of the work on the Beaver River for the State under the above-named Commis-
sioners ; that work was commenced at the mouth of Sunday Creek, six or seven miles below the
present State dam at Stillwater, and from there proceeded up stream to Lake Lila ; and that the
boulders in the floatable channel were blasted out so as to make a channel in the Beaver River from
the entrance of Sunday Creek up through to the dam at Stillwater, from sixteen to twenty feet wide,
the narrowest place being sixteen feet, the intention being to give room so that a thirteen- foot log
could swing around and pass through.

A bend was cut in the Beaver River above the dam at the place known as the Dutch Gap, and a
dam built at Lake Lila or Smith's Lake. The river from Lake Lila down to Sunday Creek was left
in a good, feasible condition for floating logs. $5,000, one half the appropriation, was expended the
first year under Gibbons' direction.

WILLIAM BRIGGS, of Beaver Falls, Lewis County, N. Y., a farmer, and who was a log driver
nine or ten seasons on the Beaver River, testified that he worked for the State on the Beaver River in

FISHERIES, GAME AND FORESTS. 38 1

1864 and 1865, blasting boulders, cutting out bends and floodwood, and that a gang of thirty or forty
men were employed at the work.

CHARLES HIGHBY, residing at Beaver Falls, and working at present in the pulp mills there,
and who was a river driver for thirteen or fourteen years on the Beaver River, testified that work was
done by the State in 1864 and 1865, in blasting rocks in the channel of the river, from just below
Belfort up to where the State dam is now located, and that he worked upon the job ; that it was
calculated to blast a channel twenty to thirty feet wide, and that at one place just below Beaver Falls,
the channel was blasted only si.xteen feet wide ; that two gangs of men were employed, and that the
material used for blasting was black powder and fuse. (Since the invention of dynamite more
attention is paid to river improvements for log driving than formerly, when black powder was used.
Dynamite is cheaper and much more effective, and more can be accomplished with a given sum
of money than with black powder. Testimony, Wesley Barnes. )

Mr. Highby also testifies that, from his experience as a log driver, he should say the river was
perfectly feasible to drive in its original condition without any blasting of rocks, but that by means of
blasting the expense of driving would be lessened.

HIRAM BURKE, a guide on the Beaver River, testified that shortly after the war, he saw work
done which was claimed to have been done by the State, by way of blasting boulders in the Beaver
River from the State dam all the way through to Number 4, and that a bend was cut off in the river.

This channel blasted out by the State is clear and well defined, and is spoken of by several of the
witnesses, namely :

MR. GEORGE T. CRAWFORD, a lumberman froin Boston, Mass., testified that when exam-
ining the river in 1887, he noted in his memoranda this channel, which he was informed was blasted
out by the State twenty years ago.

MR. SAMUEL O. BOULLIVAXT, a lumberman of twenty-five years' experience, largely on the
Beaver River, testified that the year the dam was raised the gates were shut down, and the water was
down ; that he walked up the river from High Falls and noticed that there had been a good deal of
blasting done there; that it evidently had been the intention to make a drivable stream of it. It
was blasted and I could follow the channel all the way from High Falls.

ZEB. DUPUY, a lumberman and river driver of thirty-seven years' experience, largely on the
Beaver River, testified that a channel had been blasted out between High Falls and the State dam of
an average width of fifty feet, wide enough for the floating of logs.

Upon the passage of this act of 1864, and the making of these improvements, Beaver River was
taken into the canal system and used by the State for canal purposes.

HON. MELVILLE W. VAN AMBER, Member of Assembly from Lewis County, testifies that
they took toll on the Beaver River, and that the State drag has worked on a portion of it.

From this evidence there can be no doubt that in 1864 an act was passed under which $10,000
was expended in improving the rafting channel of the Beaver River ; that from the dam down to
Sunday Creek (which is below where lumbering is now carried on) a channel was blasted out through
the boulders ; that under the act of 1864 the river was taken into the canal system of the State and
those floating logs required to pay toll ; and that toll was subsequently taken and collected on the
Beaver River. Surely the State of New York, after having passed an act declaring the stream a
public highway and having expended $10,000 in improving its navigation and requiring all persons
using it to pay toll, can not now assume the position that the river is not a floatable or navigable
stream. The State is estopped from claiming or asserting that the river is not navigable. The
learned Attorney-General, however, took the position upon the trial that the river was not in fact
capable of being used for floating logs, so that it is necessary to examine the evidence somewhat
critically upon this score.

(2.) The Evidence as to the Actual Floatability of Beaver River for Logging
Purposes.

The evidence is abundant that the river is a floatable stream. There can be no reasonable dispute
but that the river is a floatable stream as far up at least as to the point where logs are now being
floated.

382 REPORT UF THE COMMISSIOXERS OF

(a.) The distance that lumbering has extended up the river :

HON. MELVILLE W. VAN AMBER, a lumberman who has operated the river for twenty years
at least, testified : Q. How far up the river, with reference to this dam, have lumbering operations
been conducted ? A. Four miles.

SAMUEL O. BOULLIVANT, who has charge of lumbering operations for the Beaver River
Lumber Company, on the Beaver River, testified that last spring logs were put in the Beaver
River as far up as within three or four miles of the State dam.

MADORE LA MORE, who has charge of the log-driving for the Beaver River Lumber
Company, testified that last year logs were put in the Beaver River, and floated out from within
three or four miles of the dam.

(h.) Condition of the river not yet driven :

GEORGE T. CRAWFORD, who resides at Boston, and is employed by several paper companies,
of which William H. Russell is at the head, in buying timber land, improving rivers, cutting logs and
pulp wood, preparing rivers for driving, building dams and examining timber lands, and who has been
engaged in this work forty years, testifies that in 1889 he made an examination of the Beaver River,
with especial reference to determining whether it was a stream drivable for logs ; that he examined
it to see whether it was drivable for logs six feet in diameter and from twelve to sixteen feet in length ;
that in making his examination of the river he commenced four miles below Beaver Lake, at a point
where logs had been rolled in and driven the spring before (1888) ; and that the whole of the river
from below the dam at Stillwater to Beaver Lake was drivable for logs of the average size. Mr.
Crawford testified, also, that he made observation of the river from the point where the water in the
river (first reservoir) set back up to Smith Lake; and that it was drivable for logs of the ordinary
size above Little Rapids.

HON. MELVILLE W. VAN AMBER, present Member of Assembly from Lewis County, who is
engaged in the manufacture of lumber and who has been twenty-nine years in the lumbering business,
testifies that he has a mill at Castorland, where he manufactures about three million feet of lumber a
year; that Mr. Basselin has a mill at Castorland and manufactures ten or twelve million feet a year;
that when he (Van Amber) first commenced his lumbering operations at Castorland, he had to clear
away the timber to build his mill, and that each year since then he has been working back farther up
the river, and has gone up about thirty miles; that High Falls, on the Beaver River, were improved
for driving logs two or three years ago, and since then logs have been driven down the river from
above the fails ; that he made a thorough examination of the Beaver River below the State dam as
far down as where logs are now being floated ; that during the time he conducted his business at
Castorland he has familiarized himself with driving logs and has made a study of it, and has large
personal experience ; that the stream below the dam to where Mr. Basselin is driving is a feasible
stream for driving logs ; and that the river below the dam is a better stream to drive than the
portions below that are actually driven; that in the fall of 1894 he made an examination of the
Beaver River from the State dam up to its source ; the water was then drawn down so that the stream
was within its original banks and the gates in the dam were open, and that the river was in its natural
condition, and he found that portion of the river feasible for driving logs; that the river between the
dam and Little Rapids in its original condition was a nice piece of river to drive ; no rapids for logs
to lodge upon ; nice current to carry them along ; and that from Stillwater dam to Little Rapids the
river was always navigable with boats.

JOHN McFARLAND, who has been engaged in the lumber business for thirty-one years, driving
logs, improving streams preparatory to driving them, building lumber dams, etc., testified that in 1885
he first became acquainted with the Beaver River, and that he went there for the purpose of inspect-
ing the river to determine whether it was a feasible stream to drive ; that he commenced at No. 4
and followed the river up to about Stillwater, spending two or three weeks in the examination ; and
that in June, 1894, witness again examined the river from Little Rapids down to No. 4 (Mr. Fenton's,
below High Falls), and also investigated the river when the water was out of the dam in August and
September, 1894; that the river in its natural condition from Lake Lila down to \o. 4 is a feasible

FISHERIES, GAME AND FORESTS. 383

and practicable stream for driving logs ; and that the Beaver River, in its natural condition, is better
than the average of streams in the Adirondacks that are now being actually driven.

HON. WESLEY BARNES, a surveyor and a lumberman of thirty or forty years' experience in
lumbering, improving rivers and streams preparatory to driving them, and who has been a log driver,
testified that he had made an examination of the Beaver River in June, 1894, for the purpose of
determining whether it was a feasible stream to drive ; and again on the 3d and 4th of November,
1894, he examined the river, when the gates were open in the reservoir and the water down, for the
purpose of determining whether that portion of the river embraced within the reservoir was a drivable
stream for logs ; and that the Beaver River, in its natural condition, was a feasible stream for drivinglogs.

AUGUSTUS KESSLER, a lumberman residing at Carthage, testified that he is lumbering on
certain lots in Watson's East Triangle, adjoining Township 5 ; that his lumber is floated down Alder
Creek which empties into the Beaver River at Beaver Lake, and from there his logs are driven to his
mill at Carthage on the Black River. His lands are about eight miles from the Webb Tract, and he
annually lumbers ten million feet ; and that Alder Creek which he drives is not one-third as large
as Beaver River.

JAMES COSGROVE, a lumberman of thirty-five years' experience in driving streams, clearing
them up preparatory to driving, testifies that he examined the Beaver River in June, 1894, and
November, 1894, for the purpose of determining whether the river was a feasible one for driving logs;
that the portion of the stream from the dam down to Beaver Lake (below where logs are now being
actually driven), is a feasible stream for driving; that the river from Lake Lila to Little Rapids is a
feasible stream for driving, after making proper improvements in the way of blasting out rocks,
building dams, etc., which would cost about $2,200; that in November, when he made his examina-
tion, the water was drawn out of the reservoir, so that the river was just about full banks; that he
found the river within the reservoir a feasible one to drive if the dam was out of the way: that the
current was sufficient for driving logs ; that there was sufficient quantity of water, and the water was
in good condition for driving ; that there are rivers which are driven resembling the portion of the
Beaver River between the State dam and Little Rapids.

ERASTUS DARLING, a lumberman, residing at Gloversville, N. Y., with thirty years' expe-
rience, testifies that he inspected the Beaver River in 1894, for the purpose of ascertaining whether
it was a drivable stream, and that the Beaver River from the State dam down to Beaver Lake
(which is below where logs are now actually being driven), is a feasible stream for driving logs, and
that the Beaver River from Lake Lila down to Little Rapids (which is at the head of the reservoir)
is a feasible stream for driving. At the time Mr. Darling was there the water was in the reservoir;
and that portion of the river between the dam and Little Rapids was covered up so that he could
not obtain any idea of the character of that portion of the river.

V/ILLIAM HARRIS, a lumberman residing at Northville, N. Y., of seventeen years' experience in
driving rivers and improving them preparatory to driving, testifies that he inspected the Beaver River
with a view of ascertaining its feasibility for driving logs, and that the portion of the river below the
dam down to where logs are actually floated, was a feasible stream for driving; that the river between
Little Rapids and Lake Lila was also a feasible stream for driving; and that the water was in the
reservoir at the time of his examination, so that he could not form an opinion as to the portion of the
river from the State dam up to Little Rapids in its natural condition.

WILLIAM R. SMITH, a guide upon the Beaver River, testified that the agent of the State
when building the dam went up the Beaver River about five miles and cut large pieces of timber
which were used in the construction of the dam and floated them down ; that some of the trees floated
down were from thirty to sixty feet in length ; that the Beaver River in its original condition was
boatable without a carry from Stillwater dam to Little Rapids, and from Little Rapids the river was
boatable to Smith Lake with one carry ; that in high water, boats were able to run from Smith's Lake
without making this carry ; that the portion of the river between Stillwater dam and Little Rapids
in its average condition was from four to ten feet deep, and averaged more than fifty feet wide ; and
that the current was so strong it would take three hours longer and harder work to row up the river
than down.

384 REPORT OF THE COMMISSIONERS OF

JAMES DUNBAR testified that in building the dam logs were put in the Beaver River as far up
as Wolf Creek and floated down ; that some of the pieces of tmiber were from twenty to thirty, and
some forty feet long. That the current in the river in its original condition was so strong that it took
harder work and at least one-third longer to row up than it did down ; and that between the State
dam and the place where lumbering operations are now being conducted there is only one tributary
stream, called the North Pond Creek, which varies in depth from one to two feet, and is about
twenty feet wide.

HON. T. M. REED, Ex-District Attorney of Lewis County, who has known the river for twenty
years, testified that there was a good strong current all the way from Stillwater dam up. The banks
of the stream varied ; some would be higher than others, being on the average from three to five feet
in height ; some, six feet in height. There were a few flood jams. In high water large trees would
float down.

HON. LANSING HOTALING, an attorney at Albany, and formerly Member of Assembly,
testified that he had known the Beaver River since 1868 ; has been there each year. That when the
river was in its original condition the banks of the stream between Stillwater and Little Rapids
were ordinarily three to four feet above the stream.

DAVID C. WOOD, a surveyor and engineer, testifies that the river in its original width was
about fifty feet wide, thirty-eight feet wide in its narrowest place, and sixty-five feet wide in its widest
place.

Upon such evidence as this the claimant feels justified in submitting as established facts :

(:i.) That from the source of the Beaver River at Lake Lila down to where it is now driven, four
miles below the State dam, it is abundantly established that the river has size and capacity sufficient
to float logs.

(1^.) That from where logs are now being actually driven, four miles below the dam, actual
experience has demonstrated that this portion of the river is floatable for logs.

The learned Attorney-General, however, felt that if the attention of these witnesses had been
directed to certain facts, they would see the error of their views concerning the floatability of the
river, and taking the claimant's witnesses in hand, proceeded to show by cross-examination that
because of low banks and bends in that portion of the river between Stillv/ater dam and Little Rapids,
that because the river was crooked and would overflow its banks and carry the logs out into the brush
and swamp, and by reason of boulders below the dam, logs would be obstructed; therefore the river
was not floatable.

The following is an abstract of the evidence upon these subjects :

GEORGE T. CRAWFORD testified that the making of improvements in the channel below was
not at all necessary, but was simply to cheapen transportation ; that it would cost the owner of the logs
less to expend money in that way than to employ additional help for the purpose of getting logs down
the stream. Between High Falls and the State dam he suggested improvements which, all told, would
cost about $300 in the way of blasting, to cheapen transportation. Logs have been actually driven
above High Falls. He testified further that the crookedness of the stream above the dam was no
obstacle ; that more or less logs would hang to the shores in the bends of the stream and would
require a little more attention to keep them in the channel ; that if logs were thirteen or sixteen feet
long there was sufficient room so that they would float without sticking on the shores and would swing
around the bends ; that any low banks there might be along the river would be no obstacle to the
floating of logs ; that wherever a marsh or low bank existed along the sides of the river in smooth
water, like the Beaver River, a boom should be constructed to hold the logs in the channel, so as to
prevent the timber from getting over the banks into the marsh, and that $50 would construct one-
half mile of the boom ; and that there would be no difficulty from any overflow of the river if the logs
were held back and not put in the river until the annual freshets had subsided so that the river was
within its banks.

HON. MELVILLE W. VAN AMBER testified on cross-examination in reply to the questions of
the learned Attorney-General, that from Little Rapids down there was no place where the stream was

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FISHERIES, GAME AND FORESTS. 385

less than sixteen feet in width ; that there was room enough and water enough, in ordinary condition of
water, so that a sixteen-foot log would turn anywhere, and that the bends of the river would not make
any difference in driving; that logs would go around bends just as easy as the water; that they follow
the current; and that as to the river from Little Rapids up to Lake Lila there are a few flood jams
that will have to be cleared out. The expense of removing them will be trifling, a couple of hundred
dollars at the outside; and by an expenditure of a couple of hundred dollars that portion of the stream
could be put in condition for floating logs ; that if the banks of the river were overflowed in high
water, where there were marshes or low places, logs could be driven by putting in a boom in such
places.

JOHN McFARLAND testified, on cross-examination, that floating of logs would not be interfered
with by the crookedness of the river, for the reason that the river is too wide and has too much of
a current ; at some portions they might gulch and need a man to start them out again. With the
river in its natural condition it was not necessary to tow any of the logs, for $50 would cut out
all the alders that hung from the banks into the river, preparatory to log driving. Witness
has known of streams more crooked than the Beaver River, notably the Kunjermuck, that are
actually driven.

HON. WESLEY BARNES testified that Little Rapids, on the Beaver River, is drivable ; but
to make it perfect there should be a little blasting done.

JAMES COSGROVE testified that to make all the improvements necessary from Lake Lila to
Little Rapids in the way of removing flood jams, building dams, blasting out rocks, etc., would cost
$2,200; that there are rivers which we know of as being driven which resemble that portion of the
Beaver River between the State Dam and Little Rapids, notably the Kunjermuck. Mr. Cosgrove
suggested the cutting off of some bends between Little Rapids and Stillwater, to lessen the time of
driving. He testified that $600 would make all the necessary improvements between Stillwater and
Little Rapids, such as cutting off alders, clearing the shores and cutting off bends in the river ; that
it is perfectly feasible, however, to float logs without cutting off the bends; and that cutting off the
bends would merely cheapen the drive.

WlLLl.AM McECHRON, upon cross-examination, testified that the crookedness of the river
would not prevent successful driving; and that he is the owner of the Kunjermuck, a stream that
winds and turns twenty miles in going a distance of five, which is being successfully driven.

From this evidence there can be no doubt that the Beaver River in its natural condition is a stream
having size and capacity sufficient for transporting logs from Lake Lila through. In some places
improvements would be desirable in the way of blasting or cutting off alder bushes along the shores
between the State dam and Little Rapids. Some lumbermen (like Mr. Cosgrove) would recommend
that one of the bends be cut off at an expense of four or five hundred dollars, and some would desire
to have a little blasting done below the dam for the purpose of lessening the expense of driving.
Improvements are necessary and usual upon all streams in the Adirondacks in their original condition,
such as the removal of flood jams, blasting of boulders, and trimming the banks of alders, etc. No
streams are driven without preparatory work upon them, such as blasting of rocks, cutting out flood
jams, etc.

It is to be noticed that none of these improvements would be expensive; that $50 would do all the
cutting of alders between the State dam and Little Rapids. A few hundred dollars would cut out and
remov'e flood jams up to Lake Lila. An expenditure of a few hundred dollars, which is not necessary,
would cheapen the drive below the dam, and $50 would make a half-mile of boom.

Such was the condition of the country originally ; nature provided a highway through the center
of claimant's tract of sufficient size and capacity for floating off the product of the forest. True, this
highway, like any other highway, by the action of the elements, by trees falling into its channel, etc.,
would require from time to time expenditures of small sums of money in removing these natural
obstructions, which, under the law above cited, the claimant had the right to do throughout the whole
length.

Not only has nature provided a natural means and outlet in the Beaver River for taking the
product of the forest to market, but has also provided in the tributaries of the river upon claimant's

25

386 REPORT OF THE COMMISSIONERS OF

land, notably the Red Horse Chain, Twitchell Creek and South Branch, streams of sufficient size and
capacity so that all the softwood timber upon their water sheds can be floated into the Beaver River
and from thence to market.

{c. ) Red Horse Chain tributary.

HON. MELVILLE W. VAN AMBER testifies that the Red Horse Chain is a feasible stream
for the purpose of floating logs, or could be made so with an ordinary and usual expenditure ; that
the Red Horse Chain is a better stream to drive than the tributaries to the Beaver River lower down,
which he and Mr. Basselin are now actually driving.

JAMES COSGROVE testified that the Red Horse Chain is feasible for driving by making usual
and ordinary repairs and improvements.

JOHN McFARLAND, after an examination of the Red Horse Chain, with a view of determining
whether it was a feasible stream or tributary to drive logs, testified that it was a feasible stream to
drive, upon making the usual and ordinary improvements, which, as he figured, would cost in the
neighborhood of $4,000; and that streams which he had successfully driven in the Adirondacks were
worse to drive and rougher than the Red Horse Chain.

AUGUSTUS KESSLER testifies as to driving Fish and Alder Creeks, tributaries to the Beaver
River, just below Township 5, which are not as large as the Red Horse Chain.

Wesley Barnes testifies that the Red Horse Chain is a feasible stream for driving logs.

((/. ) South Branch tributary.

James Cosgrove testifies that $1,500 will do all that is necessary in improving the South Branch
of the Beaver River for floating logs.

HON. WESLEY BARNES testifies that the South Branch is a feasible stream for floating
out logs.

((?. ) Tuntchell Ci-eek tributary.

S. O. BOULLIVANT has examined Twitchell Creek. He testified that Twitchell Creek is a
feasible stream for driving logs.

From this testimony it is to be observed that not only did the Beaver River, in its natural
condition, have size and capacity to float the logs out, but its tributaries have also size and capacity
sufficient to float of? all the merchantable soft wood on their water-shed. Such was the condition of
the stream and its tributaries originally, before any interference with it by the State. It was a grand,
natural system of highways for lumber purposes.

Second. The Beaver River is Tributary to a large Lumber and I'ulp-wood
Market.

It is a well-known fact that all along the Black and Beaver Rivers large quantities of pulp wood
are consumed. Anyone at all familiar with the industrial developments of the State knows that
within the last few years a great many millions of dollars have been invested in pulp and paper mills
all along the Black and Beaver Rivers.

(i.l Consumption cf pulp wood.

HON. G. H. P. GOULD testifies that there is a large quantity of pulp wood consumed along
the Black River at Carthage, Felt's Mills, Brown's Mills, Watertown and Dexter.

GEORGE C. SHERMAN, of Watertown, of the Taggart Paper Company, testifies that their
company float their pulp wood from Brown's Tract down Otter Creek into the Black River, and down
the Black River to their mills at Felt's Mills; that there are a number of pulp mills along the Black
River at Watertown, consuming annually 50,000 cords of pulp wood at least.

EDWARD B. STERLING, manufacturer of paper at Watertown, testifies that at Watertown
fifty to sixty thousand cords of pulp wood are annually consumed.

DR. FRANKLIN ROBINSON, of Carthage, who has recently erected a pulp mill, and is float-
ing his logs down the Independence River, testifies that his mill consumes from ten to fifteen tons of
pulp wood per day.

Not only is there a large consumption of pulp wood along the Black River, but at Beaver Falls
there are three pulp mills. Pulp wood along the Black River is a staple commodity in the market,
and has a well-known and well-defined market value.

FISHERIES, GAME AND FORESTS. 387

(2.) Market value of pulp wood in flu- markets along the Beaver and Black River valleys.

GEORGE C. SHERMAN testifies that pulp wood delivered at Watertown is worth $6.50 a
cord, and that pulp wood is worth more delivered by water than by rail.

HON. MELVILLE W. VAN AMBER testifies that at Beaver Falls pulp wood, squared, is
worth $7.50 to $7 75 a cord.

HON. G. H. P. GOULD testifies that at Castorland pulp wood is worth $5.00 to $5.25; and
at Felt's Mills is worth $6.50 to $7.00; and where it has been rossed (/. c, bark taken off) it is worth
$10 ; and it is worth more in water than if delivered by rail, for the reason that when it is soaked by
the water it can be ground one-third faster. 1

AUGUSTUS KESSLER testifies that the value of pulp wood at Carthage is $5.25.

There can be no doubt of the fact that all along the Beaver and Black Rivers, there is a large
market for the consumption of pulp wood ; and that it has a well-defined market value of about $6 a
cord.

(3.) Consumption of merchantable soft wood.

It is also a well-known fact that along the Beaver and Black Rivers large quantities of logs are
annually manufactured and converted into lumber, notably at the mills of the Beaver River Lumber
Company at Castorland, at the mills of Hon. M. W. Van Amber at Castorland, and at the mills of
Augustus Kessler at Carthage, all of which manufacture annually large quantities of lumber.

HON. MELVILLE W. VAN AMBER testifies that the mills of the Beaver River Lumber
Company are quite extensive, havinj; an annual output of ten or twelve million feet a year, and that
his own mills have an output of about three million feet a year.

AUGUSTUS KESSLER testifies that his mill at Carthage has an output of ten million feet
a year. The mill at Kessler, like the mills of Van Amber and the Beaver River Lumber Com-
pany, are supplied with logs by way of Beaver River.

(4.) Value of merchantable soft wood in the markets along the Black and Beaver Rivers.

HON. G. H. P. GOULD testifies that the value of spruce logs delivered in the Black River at
Carthage and vicinity before being sawed into lumber would be $9 to $9.50 per thousand feet, and
that the value at Castorland would be about the same.

HON. MELVILLE W. VAN AMBER testifies that spruce logs are worth in the Beaver River
at Castorland $7 to $7.50 a thousand feet.

AUGUSTUS KESSLER testifies that at Carthage, on the Black River, spruce logs are worth
about $7 a thousand, pine $10, and hemlock $5.

There can be no dispute but that all along the Black and Beaver Rivers there is a demand for
pulp wood and merchantable soft wood timber, and that for such commodities there is a well
established market, with market values.

Third. By reason of the Construction of the Reservoir the Timber and Pulp
Wood from the Lands of the claimant can not be taken to Market by Water.

A brief history is now necessary of the condition of things out of which originated the Stillwater
reservoir, on the Beaver River.

It is a well-known fact that the State some years ago took a large quantity of water from the
Black River for canal purposes, thus diverting such water from the Black River and running it through
the Erie Canal to the Hudson River, instead of to Lake Ontario through the Black River. The
Black River Canal Feeder, by which the diversion is made, can be seen by any one passing along
the Black River Railroad in the vicinity of Alder Creek station.

This depletion of the water of the Black River became so serious as to greatly damage the owners
of water powers along the Black River. Something like eight millions of dollars are invested at
Watertown alone, in milling establishments run by the water power of the Black River. The useful-
ness of these mills was interfered with, causing damages to a large extent, and claims aggregating
several hundred thousand dollars were filed and lodged against the State because of this diversion of
the waters of the Black River.

It was finally agreed between the State officials and the mill owners along the Black River that the
State should, by dams and reservoirs on the Beaver River, which is a tributary of the Black River,

388 REPORT OF THE COMMISSIONERS OF

restore to the Black River the waters taken from that river for canal purposes; and upon such
restoration being done, that then the claimants would withdraw their claims. Legislation was had
accordingly.

By chapter 336, laws of 1 881, the Superintendent of Public Works was directed to construct a
reservoir on the Beaver River, in Lewis County, for the purpose of restoring to the Black River its
original supply of water. Subsequent acts of appropriation were passed: Laws 1882, chapter 362,
page 510; laws 1883, chapter 491, page 682; laws 1884, chapter 551, page 731 ; laws 1886, chapter
330, page 525.

Under these acts the Superintendent of Public Works constructed a dam at Stillwater on the same
site as the present dam. It was to be noticed that the act directed the Superintendent to construct a
reservoir in Lewis County. It can not be disputed that the Superintendent of Public Works wholly
failed to comply with the statute in this regard. He constructed the dam in Herkimer County, several
miles over the line. As to the location of the dam in Herkimer County, attention is called to the
following evidence, viz. :

(l.) Location in Herkimer County :

DAVID C. WOOD, surveyor and engineer, testifies that the dam is located in Herkimer
County, five or six miles west of the county line between the counties of Lewis and Herkimer.

HON. MELVILLE W. VAN AMBER testifies that the dam is located in Herkimer County,
about six miles from the county line between Herkimer and Lewis counties.

C. E. PHELPS, a civil engineer, residing at Alder Creek, and who ran out the lines of the
reservoir on the theory that the dam was to be increased to fourteen feet in height, with a view to
the 1892 legislation, testifies that the dam is located in Herkimer County, about eight miles east of
the line between Herkimer and Lewis counties.

This dam was not adequate for the purposes intended, and the Legislature of 1892 passed an act
under which the Superintendent of Public Works was directed to repair, enlarge and rebuild the dam
at Stillwater, on the Beaver River, and to rebuild the same at least five feet above the height of the
former dam.

It is to be noted that the Legislature, in 1892, directed the Superintendent of Public Works to
repair, enlarge and rebuild the dam at Stillwater five feet. By this act the Legislature ratified and
confirmed the former erection of the dam at Stillwater, in Herkimer county, instead of Lewis County.
Prior to this time the building of the dam was at an unauthorized location, which, however, was
ratified and confirmed by the State in 1892.

(2.) History of the Legislation under which the D.\m was Built.

The history of the legislation under which the dam was built was given by the witness, HON. G.
H. P. GOULD, who was in the Legislature at the time, and can be best given in his language -.

O. Were you in the Legislature at the time the act was passed which provided for the building
of the first dam ? — A. No; I think not. I was in the Legislature in 1885.

Q. You were in the Legislature in 1890 again? — A. In 1 89 1 and 1892.

Q. Was there any legislation on the subject of this Stillwater dam in either one of the years 1S91
and 1892 ? — A. 1891 or 1892? There was. 1891 there was a bill introduced for raising the dam ; it
wasn't passed. 1892 it was introduced again, and it passed.

Q. Who introduced the bill? — A. Senator Mullin or ./Assemblyman Fuller.

Q. Was there any opposition to it? — A. I opposed the bill in l8gi and I did so in 1892, until the
Governor requested me not to, and 1 stopped. I opposed it for the reason that my constituents on
Beaver River, Mr. Basselin and Mr. Van Amber, requested me to.

Q. Was the opposition to this bill founded upon any other ground than because Basselin and
some other people down along the river didn't want it ? — A. Yes, sir.

Q. What was it? — A. Dr. Webb didn't want it. General Husted came to me with a letter he had
in his hand from Dr. Webb, requesting him to defeat that bill. He asked me, " What is your position
on it?" and I said, "General, I am opposed to the bill; my constituents don't want it." -

(3.) Location of the dam with reference to claimant's land :

FISHERIES, GAME AND FORESTS. 389

The dam is located at Stillwater, on the Beaver River, in a direct line three miles west of the
west line of the e^st third of Township 5.

Township 5 is divided into thirds — the east, west, and middle thirds, so called. The east, and west
third of Township 5, the whole of Townships 43, 37, and 38, Totten & Crossfield Purchase; all of
Township 42, Totten & Crossfield Purchase, except the middle tier of lots (the James Lots), and
the whole of Township 8 (Brown's Tract), were owned by one and the same ownership at the time of
the construction of the dam originally. (See abstract of title.) Webb had purchased all, including
the James Lots, the middle tier of lots in Township 42, before the building of the second dam.

The damages occasioned by the dam were not reserved when Webb purchased (see deeds), and
hence went to him as part of the land. Damages represent the land, and as between grantor and
grantee, go to the grantee unless specially reserved.
Sec. 318, Lewis on Eminent Domain;
Magee vs. City of Brooklyn, 144 N. Y.

Part of the James Tract was submerged by the raising of the dam in 1893, pursuant to the 1892
legislation. A portion of the rest of the tract was submerged by the first dam, which was increased
by the second dam.

It is to be noticed that the dam is located on the west third of Township 5, near Mrs. Fisher's
line. The first dam flooded the water back across the middle third of Township 5 (Mrs. Fisher's
land) and upon the east third of Township 5.

(4.) Area and Dimensions of Reservoir on claimant's Lands.

{a.) First dam. The first dam flooded an area of 275 acres on the east third of Township 5, and
set the water back in the river nearly up to the outlet of the Red Horse Chain.

(b.) Second dam. By the rebuilding of the dam under the act of 1892, the water is set back in a
direct line upon the claimant's land for a distance of five and three-quarter miles (testimony D. C.
Wood), and by the windings and turnings of the river, for a distance of ten and one-half miles.

The first dam flooded an area of 275 acres; whereas, by the rebuilding of the dam, a total area
of claimant's land of 1,327 acres is flooded. (Testimony D. C. Wood and C. E. Phelps.)

((. ) Width pf Reservoir. The average width of the reservoir upon the claimant's land is 1,125
feet. (Testimony D. C. Wood.) The original width of the river upon claimant's land was
fifty feet.

(4.) Maimer of the construction of the dam.

Attention is directed to the manner of the construction of the dam.

The dam is constructed without any regard whatever for lumbering purposes. The dam is con-
structed fourteen feet high. It is 149 feet across. It is supplied with three gates, which are raised
from the bottom by means of a screw. It is built of timber laid in tiers like a pair of stairs with the
steps outward. It is built without any lumber chutes or aprons whatever, and no means are supplied
for taking logs past the dam. This can be determined by any one on inspection. Obviously, logs
will not go through gates at the bottom of a dam. Logs naturally float, and to go through gates at
the bottom of a dam it would be necessary for them to dive, which is contrary to all experience.

To meet this obvious difficulty in getting logs past the dam, because chutes and aprons had not
been provided, the learned Attorney-General suggested that logs might be floated across the top of
the dam ; and some of his cross-examination of claimant's witnesses was upon the theory that logs
could be floated over the top of the dam.

(5.) Impracticable to float logs over the top of the dam.

JOHN McFARLAND testified that one could not get over the dam with logs.

WILLIAM McECHRON testified upon cross-examination, as follows:

Q. You have examined the map. Exhibit 5, showing the cross section of the dam ? — A. Yes, sir;
I have looked at it.

Q. You are familiar with dams for lumbering operations ? — A. Yes, sir.

Q. And could logs be driven across such a dam, — is it feasible and practicable to drive them
without chutes or aprons just as it is? — A. I should think not profitably, allowing the mountainous
stream below to be full of obstructions.

jgo REPORT OF THE COMMISSIONERS OF

Q. Allowing the stream to be a free stream, with a dam built across it like that, would it be
feasible and possible to drive logs across it? — A. It would require the successful operating of such a
stream to have a sluiced dam in order to float logs down it.

Mr. McEchron also testified that without a chute or apron, even if there were water enough
running over the dam, that the logs as they fell over the dam would soon block up the stream and
back right up over the dam.

MR. GEORGE T. CRAWFORD testified that it was not feasible to get logs through the dam,
without chutes or aprons.

MR. ERASTUS DARLING testified that the only feasible way was to put a sluice and
apron in.

HON. WESLEY BARNES testified upon cross-examination as follows : O. What expedient
would you suggest as to getting the logs through this dam, and what would be necessary to do? —
A. I should cut down the dam in the center about eight feet and put in a sluice; put a twenty-five
foot apron on it, and sluice my logs through it.

JAMES COSGROVE, when being examined with reference to the difficulties of lumbering with
the dam and reservoir in its present condition, testified ; O. Then you would have to fix over the
dam, and put in sluices? — A. Oh, certainly.

WILLIAM HARRIS testified, that logs would float over the dam only in the highest freshets.

HON. M. W. VAN AMBER testifies that if you got there with your logs at just the right time
in extremely high water logs would float over.

A mere inspection of the dam shows that to drive an ordinary cut of eight or len million feet of
logs over the dam, even assuming that it could be done, would destroy the dam.

The impracticability of floating logs over the dam became so apparent that the learned Attorney-
General evidently abandoned that position, for upon subsequent cross-examinations of claimant's
witnesses he assumed the position that the dam might be fixed over.

(6. ) Fixing over the dam.

It was suggested by the learned Attorney-General that the dam might be altered at a comparatively
slight expense. Perhaps it might be ; but is the claimant obliged to have his claim for damages
deferred or reduced on the theory that something might hereafter be done by the Legislature,
authorizing the dam to be re-constructed and used for lumbering purposes ? This case must be
determined upon the facts as they now exist. There is no authority given to any public officer to
change the character of the dam or reservoir, and the claimant's rights can not be disposed of upon
the assumption of any future legislative action.

Let us examine, however, the evidence. Changing the dam would not solve the difificulty.
Clearly, the dam can not be used for the double purpose of driving logs and storage purposes. The
two uses are incompatible, even when the dam is altered ; and if the two uses are compatible there
remains the brush and tangle, which will have to be cleared out, channels to be cut to tow the logs in,
logs to be towed instead of driving, all of which is very much more expensive.

Regard the case as if the dam were changed. Even then the claimant could not use the same for
lumbering.

(7.) Incompatibility 0/ uses.

A complete answer, however, to the learned Attorney-General's suggestion of what might be done
is found in the fact that if it were done, and the dam rebuilt, its use by the State for storage purposes
would be wholly incompatible with its use by log drivers for logging purposes. The State puts down
the gate and holds the water during the spring floods and freshets, and the water is held in the
reservoir until the dry weather in the summer, when it is gradually let out to keep up the supply of
the Black River. A lumberman would want to let the water out at just the time the State was
holding it.

HON. G. H. P. GOULD testified on cross-examination: Q. What would be the objection on the
part of the Watertown people to having this dam regulated during the logging season ; closed during
the rafting time? — A. Because it would draw the water down ; it would take the water entirely out of
the reser\'oir at a time when it ought to be full.

FISHERIES, GAME AND FORESTS. 39I

Q. Well, wouldn't it fill up again ? — A. Some years it might, and some it might not ; then after
you passed there, and should shut it off, then it would leave you all dry below if you had the chute
in ; then if you should take and use that water, draw it down, then the Watertown people would
insist upon it that the gates be shut as is done now.

JAMES DUNBAR testified that it takes from twenty to thirty days of good water to fill the
reservoir. It is not to be supposed that the State is going to let this reservoir be drawn down in May
and June for a log drive, and run chances to have it fill again for subsequent use in dry weather by
Ithe State.

Even if the claimant could use the dam for lumbering at the same time that the State was using
it for storage purposes, still the damages would remain, for as the reservoir is filled with tangle and
driftwood, logs could not be taken through ; and even if cleared of tangle and driftwood, logs could
not be floated, but it would be necessary to tow them.
(8.) Tangles, tree tops and driftwood.

The whole basin of the reservoir is completely filled with a tangle of driftwood, picked up by the
water from the submerged forest, together with tops of trees which were cut off by the State in the
winter of 1893 and 1894 and left floating in the water. With the reservoir in its present condition, it
would be absolutely impossible to either float or tow logs down the reservoir. It would be necessary
to clean out a channel for that purpose. Cleaning out this channel, assuming that one had the right
to go upon the State land to cut trees, etc., would be an expensive operation. It would be necessary
for the water to be drawn out of the reservoir at least one whole season, so that driftwood, trees,
bushes, etc., would dry out so that they could be burned, and it is hardly to be supposed that the
people at Watertown having control of the dam would permit the waters to be kept out one whole
season.

The testimony upon this score is clear and convincing.

GEORGE T. CRAWFORD testified: Rut the great trouble was to get the logs to the dam
through this floatage. In the winter of 1887 — in February, 1887 — when I was there, we went to
examine the dam. Of course the river was frozen, and the timber at that time hadn't fallen over.
The dam hadn't been there long enough to cause the standing timber to tip over. But in 1889,
when I was there, there was a very great tangle. The roots of the trees hung in the ground, and the
tops floated about. If they hung in three feet of water they would in five feet more and float ;
floating islands were floating about.

JAMES McFARLAND testified that the drift and floodwood lying in water would stay without
rotting a great many years; that there was too much brush and timber to tow through; and that small
holes were cut in the flood jams to get boats through, but that logs could not be towed through; that
the brush, alders and floodwood were so tangled and thick that it was impossible to get out to get
the depth of the water ivhen the dam was full ; that half or two-thirds of the timber is under water,
and in clearing it out you can't tell whether you are cutting into roots or not ; and that by reason of
the action of the water against the banks, it would undermine the trees so that they would fall into
the river channel instead of aw-ay from the channel.

EDWARD M. BURNS testified that it was a very bad tangle; very difficult to navigate to keep
in the channel of the river. The water was not high enough to allow the boat to go over the obstruc-
tions—over the alders or the earth— until we got down in the neighborhood of Big Burnt Lake outlet,
and that the steamer got stuck in the channel several times. These tangles were down where the trees
had fallen over and where the ground appeared to have floated up to the surface. The steamer
grounded at times, and at other times she got caught in the floating timber and tangles of alders that
appear floating with masses of earth at their roots, and had to be moved back away from the channel.
I couldn't tell where the bed of the stream was. It was all new to me. The pilot, as I understood
it, was endeavoring to follow the bed of the stream.

This tangle will become worse year by year as the timber decays. In a few years it will be
impenetrable.

(9.) Necessary to cut the tangle, tree tops and driftwood.

392

REPORT OF THE COMMISSIONERS OF

GEORGE T. CRAWFORD testified that it would be necessary, in the first place, to cut a channel
through the trees that had tipped over, which could not be otherwise than to cost a large sum of
money, so that it would be impracticable to do it.

JOHN McFARLAND testified that a channel ought to be cut about two or three hundred feet
wide — cut right down close to the ground.

HON. WESLEY BARNES testified that it would be necessary to clean out a channel about
250 feet wide in the reservoir, and that it would be necessary to draw down the water to clean the
channel.

JAMES COSGROVE testified that it would be necessary to draw the >vater down, then clean a
channel and burn the debris.

It is manifestly apparent to any one from an inspection that in order to take logs down the
reservoir it is necessary to clean up a channel.

(10.) Logs will not float down even when a channel is cut for them, because there is no current in
the reservoir.

An inspection of the reservoir will show that there is not sufficient current, even if a channel is
cut out. A brief abstract of the evidence upon this subject will, however, be made.

GEORGE T. CRAWFORD testified that it would not be drivable ; that there is no current.

HON. M. W. VAN AMBER testified that the reservoir could not be driven if it was cleaned off;
that there is so little current, and that the prevailing winds are of such a character as to drive
the logs back.

JOHN McFARLAND testified that, with the reservoir cleared off, there would not be sufficient
current to drive logs, and that the prevailing west winds would drive the logs back.

This portion of the river was drivable in its original condition.

The learned and ingenious Attorney-General, seeing the manifest difficulty in driving or floating
logs down over the reservoir, even when cleared up, was forced to try a new expedient. So he pro-
pounded the theory that slash boards might be put on the dam at Stillwater, and dams built at
Ne-ha-sa-ne Lake and Lake Lila, and by opening these dams and taking off the slash boards of the
dam at Stillwater that a current could be created in the reservoir sufficient to take the logs down.

(11.) Impossible to produce artificial currents in reset voir sufficiently strong to take down the logs.
Not only does this plan of the Attorney-General produce a new flooded area, hut it is impracticable.

JOHN McFARLAND testified on cross-examination : Q. Suppose you let the water out of the
mouth of the Stillwater dam and Lake Lila, and the rest of the lakes here, let the water in one end
and out the other, why won't you make a current ? — A. You make a current, but you have got too
much water to make much current ; it would be in the natural stream; you wouldn't get much flow.

JAMES COSGROVE testified that the only way of making a current in the reservoir sufficient to
drive logs would be to draw down the water in the dam until the river had reached its usual height
in driving water, which would be equal to no dam at all.

The utter impossibility of creating a current in this immense reservoir is so apparent that such
line of investigation was soon dropped by the learned Attorney-General, and the case was tried upon
the apparent theory that the only way to lumber, after fixing over the dam and clearing up the
reservoir, was to tow the logs down.

(12.) Towing — Difficulties in the way of towing.

Even assuming that the dam had been fixed over, and the reservoir cleared out, there would not
be sufficient depth in the reservoir for the purpose of towing, except on the lower end. The testimony
upon this subject is clear and convincing:

WILLIAM McECHRON testified that in order to tow it is necessary to have a deep body of
water ; that in a shallow body of water the expense of towing would be materially increased ; that a
towing boat, in order to do good business, must have a good deal of water ; get the wheel down
where she can get strength. You can't have a strong towing boat with a light draught of water.

JAMES COSGROVE testified that in order to tow, it is necessary to have headworks and a windlass
which is anchored ; and anywhere from 600 to 1,000 feet of line run out, and a horse put upon the
headworks turning the windlass, thereby drawing the logs down. Whether the bottom of the reservoir

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FISHERIES, GAME AND FORESTS. 393

would be feasible for holding an anchor is uncertain. The probability would be that the anchor
would get in the roots of the trees and be impossible to raise it. In order to make it feasible for
towing logs, the dam would have to be raised two feet higher in order to cut across the channel of the
river. It is impossible to tow following the channel of the river, and that a steamboat going down
in a straight line would get stuck on high places and reach bottom. In order to tow by steam you
want pretty deep water in order to get power, at least five feet deep. There would be places in the
reservoir that wouldn't be deep enough to tow. To run a boat you would have to follow the channel
of the river, and that you couldn't do and tow logs because the channel was too crooked. It would be
necessary to have a straight channel, 250 feet wide, and it would not be practical to tow logs unless
more water was put in the reservoir. Even with the water running twelve to fifteen inches over the
top of the dam there were several places along the neighborhood of Elliott's, and from there up to
Little Rapids, where the water would not be deep enough to tow. It would be necessary in order to
tow when the water was drawn down to dig a channel in the ground and cut oflF the high hummocks;
and in order to tow there ought to be five or six feet of water at any rate.

JOHN McFARLAND testified that towing would have to be done in a direct channel.

HON. WESLEY BARNES testified that towing could not be done by following the channel of
the river ; that in order to tow it would be necessary to clear out a straight channel in the reservoir.

Moreover, to tow logs a distance of thirteen miles is an unusual length, and therefore extra
expensive.

Even assuming that the dam was fixed over, a channel cleared through the reservoir and the dam
raised, or a channel dug deep enough, so that there would be sufficient water to successfully tow, the
difficulties in the way would still make a large bill of damages — the expense of towing, if towing could
be done, over and above that of driving, would alone make a large bill of damages, while the damages
caused by the delays in towing would considerably increase the amount.

(13.) The Expense of Towing as compared with the Expense of Driving with the
River in its Original Condition.

{a.) Expense of driinng with the river in its original condition.

The expense of driving, with the river in its original condition, is almost nominal. The evidence
is as follows :

HON. W. \V. VAN AMBER testified that logs could be driven down, with the river in its
natural condition, for from four to five cents a thousand.

JOHN McFARLAND testified that, with the river in its natural condition, it would cost not
much of anything to drive; that with an ordinary drive of eight to ten million feet, the logs could
be put through for seven or eight cents a thousand.

HON. WESLEY BARNES testified that, with the river in its original condition, it would cost
about ten cents a thousand to float or drive the logs.

JAMES COSGROVE testified that it w-ould cost about ten cents a thousand feet to drive down
logs, with the river in its natural condition.

{b. ) Cost of towing.

GEORGE T. CRAWFORD testified that it would be much more expensive to tow across the
reservoir than to drive, with the river in its original condition.

HON. MELVILLE W. VAN AMBER testified that on an average it would cost twenty cents a
thousand more to tow the logs down than to drive them down.

HON. WESLEY BARNES testified that it would cost on an average thirty cents per thousand
feet to tow the logs down.

JAMES COSGROVE testified that it would be twice as expensive to tow down the logs over the
reservoir as it would be to drive them down.

It is to be noticed that, in taking into account the increased cost of towing, the witnesses consider
that all the necessary improvements in order to tow have been made, and that when so made that it
is still twice as expensive in order to tow as to drive.

394 REPORT OF THE COMMISSIONERS OF

(14.) Damages resulting by reason of delays in towing.

Not only is the towing of logs across the reservoir open to the objections above pointed out, but
there is a further objection, viz. : To tow an ordinary cut of eight to ten million feet down across the
reservoir would take a month at least, so that by the time the logs were towed to the dam the driving
water would be all lost and gone and there would be no water to drive the logs below the dam, which
would entail the " hang-up " of the drive for at least a year, with a consequent loss of interest and a
deterioration in the value of the logs. Timber deteriorates in value at least fifteen per cent, by being
left over one season. The deterioration in value by reason of a "hang-up" would be about ten or
twelve thousand dollars additional, to say nothing of the increased expense of towing.

Upon this subject, attention is called to the following evidence :

GEORGE T. CRAWFORD testified that the driving season would be likely to have gone by
the time it took to tow 10,000,000 feet of logs across this Stillwater.

JAMES COSGROVE testified that by the time an ordinary drive of eight or tun million feet had
been taken down to the dam, the driving water would be apt to be gone.

HON. M. W. VAN AMBER testified that it would take about a month to tow down an
ordinary cut of eight or ten million feet of logs, by which time the driving season would be past.

WILLIAM HARRIS testified that it would be necessary to have the logs at the dam at just
the right time.

(15.) Injustice of the State's position.

It is hardly a suitable thing for the great State of New York to inflict damages of the magnitude
that it has in this case and then defend upon the theory that hereafter the dam may be built over ;
that some Legislature in the future may pass an act for that purpose, appropriate the necessary
funds, and that the people at Watertown and the Black River Water Commissioners will permit the
reservoir to be dry a whole season so that it may be cleared, and then that it will be cleared, and
that the State will pass an act for that purpose, with the necessary appropriation; and that a channel
will be dug out for towing purposes, and then if there is sufficient compatibility in the use of the dam
and reservoir by the State, that the land owner can go to the extra expense of towing his logs down,
with the loss of interest and deterioration in value of his product by reason of the delays attending
towing. This is too violent an assumption. There are too many " ifs " in the way.

To arrive at this result it is necessary to assume :

First : That the State will fix the dam over.

Second: That the State will clear up the reservoir and excavate a towing channel.

Third : That the State will permit the reservoir, land and water, to be used for lumbering purposes.

Fourth : That the dam and reservoir can be used by lumbermen for lumbering purposes at the
same time that the State is using it for storage purposes.

The position of the State only illustrates the old saying, that by prefixing a sentence with an ' if,'
any possible kind of a result can be arrived at.

(16.) Manner of use of the dam by the State.

The reservoir is controlled and managed by a Commission appointed by the Governor under Laws
of 1894, Chapter 168.

Under this act the Commissioners appointed are authorized to make rules and regulations for the
use of the gates of the dam, subject to the approval of the Superintendent of Public Works, and
such Commissioners are authorized to regulate the discharge of water through such gates at such
times and in such quantities as they may deem proper, but not in such manner as to injuriously
interfere with canal navigation; or the navigation of that portion of the Black River used for canal
purposes.

The rules and regulations of the Commissioners are shown by the testimony of Commissioner
James P. Lewis.

The record of the discharge of the water in the reservoir is given by Mr. James P. Lewis,
Secretary of the Commission, in his testimony. The water was originally put in the dam in
November or December, 1893. They began to draw the water from the reservoir on July 23d, 1894.
when one gate and a half was raised. August 1st, 1894, another gate was raised ; September i5tli all

FISHERIES, GAME AND FORESTS. 395

the gates cf the dam were raised, and remained up until the 22d of September, when they were shut
down and remained shut until the 30th of September, when the gates were again opened and shut
down in the middle of December, and continued shut until earlv in January, 1895, when they were
opened.

It is to be noticed that the water is drawn from the reservoir in the winter time.

(17.) Impossible for the land owner to use the resen.ioir in the winter time for the purpose of
crossing or re-crossing on the ice with teams, loath of lumber or supplies.

Because of the drawing down of the water of the reservoir in the winter time the ice is thin shell
ice, frequently incapable of bearing even the weight of a man. By reason of the varying levels of the
water in the reservoir no stable ice is formed. When freezing temperature is reached a coating of ice
is formed upon the water at a given level, after which, when the water is drawn down with a resulting
air chamber left between the ice and water, freering is stopped and a thin shell of ice is left, which is
held up by the trees to which it is frozen. The ice is so thin that it breaks under the weight of an
ordinary man.

DAVID C. WOOD testines that in making his survey in 1893 it was sometimes necessary for him
to be on the ice in order to get about, and that the ice was so thin it broke through with him ; and
that the ice on the reservoir was thin shell or rotten ice, and was not suitable for lumbering operations.

HON. M. W. VAN AMBER testified that in the winter time, in January, he went upon the reser-
voir for the purpose of considering the feasibility of getting some cedar timber on Mrs. Fisher's tract;
and that he examined the ice on the reservoir for the purpose of determining whether lumbering
operations could be carried over it ; that he found thin, shallow ice which was not feasible for
lumbering operations, and that he did not get the cedar posts which he went after ; that there was
no sound ice underneath the crust. The water had settled away from the ice and remained up, and
consequently couldn't freeze any more.

C. E. PHELPS testified that in making his survey for the State he made it in the winter time,
and he observed the water levels in the reservoir and the ice ; and that the water level was constantly
varying, up and down, all winter. Soft, slushy ice resulted, and some of his party used to get in
the water every day, and as regards the balsam trees, twigs, etc., in the reservoir, the water would
not freeze over them.

JULIUS BRECKWALDT, who made his examination in January, 1895, found a coating of slush
on the ice, a thin coating of ice barely sufficient to hold them up with snow-shoes, and that a team
or load would break. It was risky for a person to cross. He and his party crossed the reservoir three
times and noticed it in every place each time, and that it was not in a fit condition for teaming across
it; it was so thin that deer had broken through the crust.

HON. WESLEY BARNES testified that if the level of the water changed in the winter that
the ice would not be feasible to lumber upon.

The common experience of every one is to the effect that where the water level is constantly
changing in the winter time the resulting ice is unstable.

{18.) Amount and kind of timber in the flo7i' ground.

As was stated at the beginning of this abstract the magnitude of the claim was occasioned, not
because of the amount and kind of timber in the area of the reservoir which was destroyed, but because
the relation of the land appropriated to the balance of the tract was such that it was impossible to
use the balance of the tract, without using the lands and waters which the State has taken for reser-
voir purposes.

In Township Five, 250 acres of timber lands are flooded, and in Township Forty-two 151 acres of
land are flooded, making in all a total of 401 acres of timber land flooded. Of the flooded timber,
pine and spruce are about equally divided.

C. E. PHELPS, who surveyed the area of the reservoir for the State, testified upon cross-
examination that it was timbered with spruce, hemlock, cedar and some pine.

This timber within the area of the reservoir and along the original banks of the river is more
valuable than a much larger quantity standing back, for the reason that there would be no long hauls
to take it to the river.

396 REPORT OF THE COMMISSIONERS OF

HON. M. W. VAN AMBER testified: This timber standing in the flow line adjacent to the river
is more valuable than the same quantity of timber standing back, and that the nearer you approach a
floatable stream the more valuable the timber is.

(19.) All the timber standing within the flow line -will he destroyeii by the reservoir.

JOHN McFARLAND testified that if water is dammed back against standing timber in warm
weather, after the leaves come out, it will kill the timber, and the timber will begin to die the first
year if water is kept on during the hot weather.

WILLIAM H. McECHRON testified that water held during the hot weather about standing
timber would kill it.

(20. ) ]Vater held about standing timber for a few weeks or a mouth during the driving season in
the spring of the year will not injure the timber.

In order to successfully drive some of the tributaries upon the lands of the claimant on the Beaver
River, witnesses testified that it would be necessary to use dams or a reservoir.

The learned Attorney-General straightway fell into the error of supposing that these proposed
lumber dams or reservoirs would kill the timber the same as the State dam. That he was mistaken
in such supposition clearly appears from the evidence.

DAVID C. WOOD testified that if water surrounded standing timber a few weeks in the spring,
before the trees leaf out, it does not kill the timber.

JOHN McFARLAND testified that water held about standing timber a few weeks before the
trees leaf out and sap gets started does not injure the timber.

WILLIAM H. McECHRON testified that water held about standing timber for the driving
season does not injure the timber if it is drained off before the weather gets warm ; and that tracts of
land having lakes which have been so used for reservoirs are valuable for park purposes, after the soft
wood timber has been taken off.

ERASTUS DARLING testified that water held against trees in the spring for a month does not
injure the standing timber, and that he has sold tracts of land, that have been flooded in that
way, for park purposes after the merchantable soft wood had been taken off.

PATRICK MOYNEHAN testified that water held about timber in the spring of the year does
not injure it if it is not held too long in warm weather after the trees are leafed out; and that he has
sold tracts of land for park purposes with lakes that he has so used as reservoirs for lumbering
purposes.

There would be no difficulty in properly using the lakes as reservoirs for lum.bering purposes.
The timber would not be killed by holding the water for a few weeks or a month in the spring of the
year during the driving season.

(21.) For Purposes of Floating Logs on the Beaver River below Stillwater, the
Dam is a Nuisance.

(a.') The dam and the reservoir eut off the natural supply 0/ water and interfere with the driving
of the river below the dam.

It is to be noticed that the gates of the dam are not of sufficient size and capacity to let through
the amount of water flowing in the river in its driving condition.

SAMUEL O. BOULLIVANT, who has charge of the lumbering operations of the Beaver River
Lumber Company below the dam, testified upon cross-examination :

Q. Well, this reservoir there at Stillwater is an efficient help to log driving on Beaver River. —
A. It never has been, not to any extent, because they have never been able to get water when they
wanted it.

Q. Well, if they could get the water when they wanted it, it would be? — A. Possibly it might.

Q. Well, wouldn't it? — A. It would certainly. Any amount of water would be an assistance, no
matter where they got it.

GEORGE T. CRAWFORD testified : 1 should hope the State would allow us to take a little
water of the dam, and if you got your logs down to the dam and could get the water, and then let
the water out, you could drive for the rest of the way.

FISHERIES, GAME AND FORESTS. 397

HON. WESLEY BARNES testified that it would be necessary to use the stored waters of the
reservoir for the purpose of driving the river below the dam. In November, when he was there
examining the river, there was not as much water going through the gates as was flowing through the
river in its original condition ; and that if the gates were shut down in the driving season and the
dam not full, you could shut off the water necessary to drive the river below.

MADORE LA MORE, who has charge of the river driving of the Beaver River Lumber
Company below the dam, testified that the eflfect of the dam is to hold the water back so as to interfere
with the log driving below ; that they have upon some occasions had the water of the reservoir to
drive with, but that they had not had it just when they wanted it; that witness at one time said to
Mr. Basselin, we ought to have that water from the State, and Basselin replied, he had tried but
could not get it. The eflfect of the dam is shown by the following abstract from his cross-examination :

Q. Why didn't you go in a boat? — A. Couldn't do it.

Q. Couldn't do it?— A. No, sir.

Q. Why couldn't you do it ? — A. Because there wasn't water enough.

Q. Wasn't enough water in the stream ? -A. No, sir.

Q. There is enough water above Stillwater to navigate a boat ; why isn't there below ? — A. I
should think that the dam would hold it when they shut the gates down.

Q. Then if the gates were shut the river was dry ? — .A. It was pretty near dry when we were up
there.

It is obvious that placing a dam across a stream of water so as to hold back the water over an area
of 3,000 acres and upwards, would seriously interfere with the flow of water below the dam.

{/>.) The dam at Stillwater not necessary for driving logs below the dam.

It was at one time suggested by the State that the dam at Stillwater was necessary for log driving.
The apparent theory was that with the river in its original condition, because of the time that it
would take to get a quantity of logs down over that portion of the Beaver River on claimant's land,
that the driving season would be past; and that the dam would therefore be necessary to obtain
additional water to finish driving the logs.

Even assuming that the learned Attorney-General is correct as to this theory of log driving, and
that additional water would be necessary to complete the drive, a glance at the map will show that
such additional water could be supplied from other points than Stillwater, and not interfere with
lumbering as docs the Stillwater dam.

If additional water was necessary the dam or dams with which to obtain the same could be placed
upon any of the tributaries on claimant's land, either upon the Red Horse Chain or South Branch.
Such dams would be under the control of the land owner and not under the control of the State, and
could be used by the log driver when and as it became necessary to do so, and it would not be
necessary to take the logs through a large reservoir.

The ease with which any additional water could be supplied from reservoirs upon claimant's land
became so apparent that the learned Attorney-General pursued this line of investigation only briefly,
as follows :

JAMES COSGROVE testified, upon cross-examinatibn :

Q. Well, if the river was in its natural condition, wouldn't it be necessary to have a dam at Still-
water to drive it below? — A. I shouldn't think so.

Q. Wouldn't need any dam from the time you left Lake Lila until you got where ? — A. Suppose
a man was going to lumber it; they would build their dam in these tributaries, and then you could
hold the water to use to furnish the river.

Q. Then you would have to have a dam on South Branch ? — A. Yes, sir.

Q. Or Twitchell Creek ?— A. Yes, sir.

Q. Or Red Horse Chain? — A. Yes, or both.

There are places upon the tributaries of the Beaver River for the purpose of building such dams.

(22.) Access to a portion of claimanVs property cut off by the reservoir.

The width of the river was originally 50 feet. The average width of. the reservoir is 1,150 feet.
(Minutes of testimony of David C. Wood.)

398 REPORT OF THE COMMISSIONERS OF

The State has built no bridges so that the land owner can cross from one side of the reservoir to
the other.

The fact that there are no bridges can be easily determined from an inspection of the premises,
and attention is only briefly directed to the evidence.

It was attempted to show by the Attorney-General that there was one point where a 300-foot
bridge could be built across; but the difficulty with such a place is that it would necessitate excavating
and digging a system of roads on each side, besides making a five-mile haul.

The expense of a substantial bridge 300 feet long, sufficiently strong to draw heavy lumber loads
across, was not shown by the learned Attorney-General. Anyone with any experience in bridge
building knows that such a bridge would be very expensive.

It is apparent that to go from the south to the north of claimant's lands is impossible. It was
suggested that lumbering upon the north could be done by taking the lumber from the lands north
of the reservoir in a southeast direction to the railroad. This would be impossible because of inter-
vening mountain ranges, as will hereafter be seen.

(23.) Effect of the reservoir upon highways.

The only highway upon the tract has been entirely submerged and flooded, so that now, so far as
highways are concerned, the tract of land is completely isolated.

DAVID C. WOOD testified that there is only one highway on the south side of the river, and
that it is flooded for a half mile so deep that it will be necessary to ferry across.

ANDREW J. MUNCEY testified that the raising of the water stopped the highway and flooded
it about seventy or eighty rods, and that in order for him to cross he built a ferry and had to ferry
across. At the time of the first raise Muncey built a floating bridge, and when the dam was raised
he couldn't use the bridge.

{24.) The reserz'oir has destroyed and interfered with the drainage on at least 1,000 acres of land
outside of the flow line.

DAVID C. WOOD testified that 927 acres of land surrounding the reservoir had been made wet
and swampy, and its drainage interfered with.

It is obvious that this marshy, wet condition outside of the actual flow line would interfere with
all lumbering operations or in any uses to which the land might be put.

(25.) The la)td flooded is absolutely necessary to use in order to lumber the balance of the tract
by water.

A glance at the map is sufficient to convince any one that the land which the State has flooded is
actually necessary to be used for lumbering purposes. Without the use of the land flooded and the
free use of the waters of the river, it will be absolutely impossible to float a single stick of timber
down the river. It would be absolutely impossible to cross from the south side of the tract to the
north side ; for, as the testimony discloses, to which attention is hereafter called, the mountain ranges
run nearly at right angles to the river, so that the loads of lumber or supplies could not be driven
across the mountain ranges. The land and water taken by the State are necessary to be used in
lumbering the balance of the tract.

So far as lumbering by water is concerned the dam and reservoir and the manner of its use by the
State is a complete embargo upon all lumbering operations conducted by water.

As was testified to by one of the witnesses, Erastus Darling : That there was no way of lumber-
ing this tract of land, or any portion of it, without using the portion embraced within the reservoir;
that it would be necessary to use the land and water within the reservoir, and that the fact that the
land and water within the flow ground are necessary to be used for lumbering the balance of the
tract, makes the flooded land much more valuable than it otherwise would be.

It must be taken as a fact conclusively established that the dam, in the condition in which it is
built, the reservoir, with the tangle and driftwood, and the manner in which the dam and reservoir
is used by the State for storage purposes, completely cuts of? claimant's tract of over 65,000 acres
from being lumbered by water.

Lumbering by water is the most natural and feasible way of lumbering. The tributaries of the
Beaver River make the whole tract accessible for lumbering. The railroad upon the tract unlike the

FISHERIES, GAME AND FORESTS. 399

river has no branches or tributaries, and goes only through the centre of the tract, while the river,
with its tributaries, goes to all portions of the tract. The railroad is valuable to take in the supplies
with which to lumber ; the river to take out the logs.

As was stated by the witness, Mr. Crawford, the river is the natural and only feasible way to
lumber the claimant's land.

This means of access has been entirely cut off and destroyed.

Four : Lumbering by Rail.

There is no disguising the fact that the State dam and reservoir has closed up the Beaver River,
so that the product of the forest on claimant's lands cannot be taken to market by way of the river.

This fact is so very apparent, that early in the case the learned Attorney-General began to look to
the railroad of the Mohawk and Malone Railroad Company across the claimant's tract of land as a
solution to the whole situation. It was urged with great earnestness that the product of the forest
could be taken to market by way of the Mohawk and Malone Railroad, just as well as by way
of the river.

An analysis of the situation shows that this is not the case. Lumbering by rail is at least three
times as expensive as lumbering by water; and in addition to the extra expense of lumbering by rail,
there is also to be taken into account ;he fact that 20,000 acres of land and upwards are so cut oflf by
reason of the reservoir as to be wholly inaccessible for lumbering by rail ; and that before the dam was
raised these 20,000 acres were perfectly accessible for lumbering by rail ; it is also to be noticed that
in lumbering by rail it would be necessary to build an expensive mill, together with sidings
and side tracks.

The subject of marketing the lumber upon this tract by rail seems to divide itself into the follow-
ing sub-divisions :

(I.) Marketing by rail as compared with marketing by water.

(2.) Marketing unmanufactured product by rail.

(3.) Marketing manufactured product by rail.

(4.) Marketing pulp wood by rail.

I 5.) Difficulties in the way of lumbering by rail caused by the reservoir.

(6.) Territory rendered inaccessible to lumber by rail by reason of reservoir.

( I . ) Marketing by rail as compared wi/'i marketing by ■water.

Nearly all mills are arranged so as to be supplied with logs by water, and only one case has been
found by claimant where the experiment has been tried of supplying a mill both by rail and
by water, viz.:

AUGUSTUS KESSLER of Carthage, Jefferson County, has a mill at that place, which he sup-
plies with logs from Watson's East Triangle, in the town of Wilmurt, Herkimer County, adjoining
claimant's land. Mr. Kessler has had experience in lumbering, both by rail and by water. He is at
present conducting his lumbering operations by water, driving the logs down Fish and Alder Creeks
into the Beaver River. At one time he supplied his mill with logs over the Carthage and Adirondack
Railroad. The distance which his logs were hauled by rail was the same as the distance which they
are now floated by water, viz.: forty miles.

As a result of Mr. Kessler's experience, driving on the Beaver River has cost him on the average
80 cents per thousand. Delivering by rail the same distance has cost him $2. 1 7 per thousand feet, so
that the bare expense of transportation by rail is nearly three times as e.xpensive as the transportation
by water.

In addition to the $2.17 a thousand, bare cost of transportation, there was an additional expense
of loading the logs on the cars of forty cents a thousand which was not incurred in floating, so that
including the loading and unloading, transportation by rail is about three and one-half times as ex-
pensive as transportation by water.

And besides this if the logs of the claimant could get to market in the natural way by means of
Beaver River, they could be marketed by water by way of the Black River and Erie Canals. The

400 REPORT OF THE COMMISSIONERS OF

majority of lumber markets are arranged with reference to water transportation, and by reason of such
arrangements it is for'y cents per thousand cheaper to ship by water than to ship by rail.

It is to be noticed that the freight rate of $2. 17 a thousand for forty miles is a very liberal freight
rate, and especially liberal in view of the experience of the claimant in shipping logs by rail.

WILLIAM McECHRON testified that the bare cost of loading logs on cars would be about fifty
cents a thousand, and assuming that there are 3,000 feet per acre, this alone would make a damage of
$1.50 per acre, or $98,754.00 for the whole 65.836 acres.

(2.) Marketing unmanufactured product by rail.

The experience of Mr. Kessler, above cited, was with taking logs to his mill by rail instead of by
water, which he found about three and a half times more expensive.

The claimant has had actual experience with shipping logs to market by rail, and from his e,xperi-
ence found it so expensive that it had to be stopped.

EDWARD M. BURNS, the claimant's general manager, testified that in the fall of 1892 and 1893,
the claimant began to ship logs from the land at Beaver River, on Township 42. That the
freight bills would make the lumber cost about $4 a thousand to take it out, which made it so expen-
sive they could not lumber with any profit. The State had at that time put in the dam and the logs
could not be floated out, and a contract was made with Mr. Ouderkirk, who put up a mill at Beaver
River station.

[a.) Reasons for Jiigh freight rates on logs.

H. D. CARTER, who is the Freight Agent of the Adirondack Division of the New York Central
and Hudson River Railroad Company, and of the Carthage and Adirondack Railroad Company,
testified that it was the policy of the Railroad Company and of railroads generally to charge such a
high freight rate on logs as would prevent the shipment of logs and encourage the shipment ofmanu-
factured lumber ; that by reason of the shipment of manufactured lumber that an ingoing as well as
an outgoing trade was established by the railroad, and the railroad could afford to carry the manu-
fuctured lumber cheaper than the unmanufactured logs ; that to manufacture lumber required a mill
and men, which called for an ingoing amount of business that did not exist when logs were solely
shipped. Mr. Carter also testified that the best obtainable rate on logs was $3 per thousand feet,
which the claimant Webb obtained.

The State sought to establish that the claimant Webb would be the recipient of special rates at
the hands of the railroad company. The evidence shows the contrary. Webb is treated the same
as any other shipper. He is given no special rates. None could be obtainable by him. The freight
bills of claimant Webb are actually paid by him with no rebate. In 1892 and 1893, when Webb first
endeavored to ship logs, the rate actually charged him and paid by him was $4 a thousand. And be-
cause the rate was so high Webb had to give it up.

It stands to reason that to ship logs by rail under the most favorable circumstances is much more
expensive than to float them by water.

First: A railroad has to be built, whereas nature builds the waterway. Here this railroad cost
upwards of $8,000,000. The Beaver River cost nothing to make. A rate has to be be charged that
brings a return sufficient to pay operating expenses together with at least some kind of a return on
the investment.

Second : Repairs. The ordinary repairs upon a railroad are greater than the ordinary repairs
upon a stream. At the very most $10,000 expended upon the river's tributaries would take off all
the lumber, whereas it would not begin to keep a railroad in repair, to say nothing of operating expenses.

Third: The expense of operating a railroad with its expensive equipment is much greater than
operating a log drive.

Fourth: The markets are arranged for delivery by water instead of delivery by rail.

Fifth : To deliver logs by rail it is necessary to be at the expense of loading and unloading them
on the cars, which expense is not incurred in water delivery.

Sixth : In the transportation of logs by rail, there is the cost of transportation of the slabs and
waste material.

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FISHERIES, GAME AM) FORESTS. 4OI

Seventh : There is thi well-defined policy of railroads to keep the logs in their respective terri-
tories and to discriminate in favor of shipments of manufactured material, because of the
return business.

Eighth: It is a well-established principle of trade that in the transportation of bulky materials
where speedy delivery is not requisite, rail cannot compete with water.

The experience of a disinterested witness, Mr. Kessler, at a time antedating this claim is, that
with the most favorable freight rates obtainable, it was at least three and one-half times as expensive
to transport the logs by rail as by water. It may be set down as a conservative, safe proposition, that
the mere cost oi transportation by rail is three times what the transportation is by water.

It being established that the expense of car transportation is at least three times as great as that of
water transportation, it is necessary to inquire what would be the cost of transporting claimant's timber
to market by the natural and ordinary method of floating.

(i.) Expenst- of marketing hv river.

HON. MF-LVILLE W. VAN AMBER testified that the average expense, one year with another,
of driving Webb's logs, would average from seventy-five cents to $1 a thousand.

AUGUSTUS KESSLER testified that the average expense of driving his logs from Watson's
East Triangle, adjoining claimant's land, down Fish and Alder Creeks into the Beaver River, and
from thence down to Carthage, was on the average eighty cents a thousand feet.

The most favorable evidence given is that given by Mr. Kessler, to the effect that to lumber by rail
costs $2. 17 a thousand feet, and eighty cents by water, or that the transportation by rail is $1,373
thousand feet more than transportation by water, and to this is to be added forty cents additional for
loading on cars, or a difference of $1.77 per thousand.

Now, assuming, as we will hereafter show, that there are 3,000 feet per acre on the average on
claimant's land, and that the whole tract can be lumbered by rail, it would cost $5.31 per acre more
to lumber by rail than to lumber by water, or nearly $350,000 on claimant's entire tract.

Is it any wonder that the claim is large when the State of New York shuts off the most natural,
cheapest and ordinary avenue of removing the lumber upon the tract, leaving the only way of
removing the lumber by rail at increased expense of $5 . 77 an acre.

In view of such facts the claim is small ; and had claimant fully realized the magnitude and scope
of the damages done at the time the claim was filed, the claim would have been much larger.

(3.) Marketing mamifacturcd product by rail.

It is so apparent that it would not be feasible to market the unmanufactured product by rail that
the learned Attorney-General made an extensive investigation in the direction of marketing the manu-
factured product by rail.

To do this requires a mill to start with.

To lumber by water a mill is not necessary. The logs from claimant's land, as we have seen,
could be sold in the markets along the Beaver and Black River. In order to ship out the manufac-
tured product it is necessary not only to have a mill, but to draw the logs to the mill. The mill can
not be drawn to the logs.

(<;.) Limit t/iat logs can be drawn to a mill luilh profit.

In this connection the learned Attorney-General evidently was impressed with the idea that the
timber from claimant's land could be taken to the Ouderkirk mill at Beaver River station, on the
M. & M. Railroad, and there sawed into lumber and then shipped to market by the railroad, which
would obviate the damages.

In investigating this suggestion it is to be borne in mind at the outset that there is a limit to the
distance which timber can be profitably hauled, and that this limit is from six to seven miles at the
most. The evidence is clear and uncontradicted on the part of all the witnesses that when logs are
hauled for a greater distance than six miles there is no profit in the business. There can be so little
dispute upon this subject that reference is merely made to the minutes of testimony.

Under such apian, at the most, considering everything else feasible, which it is not, the soft wood
timber within a radius of six or seven miles of Ouderkirk's mill could be taken to that mill.
26

402 REPORT OF THE COMMISSIONERS OF

Moreover, Ouderkirk's mill is inadequate for the purpose of lumbering the whole tract. It is not
adapted to the manufacture of pulp wood, and is used mainly for the purpose of getting out fiddle
butts and piano sounding-boards, as to which there is a very limited market, and the logs from
which fiddle butts and sounding-boards are cut can not be floated to market.

Moreover, the Ouderkirk mill could not be used for the purpose of manufacturing the logs from
the north side of the Beaver River. We have already seen that by reason of the water being drawn
down in the winter time that the ice upon the reservoir is not stable enough to draw logs across.
Upon the subject of taking logs from the north of the reservoir to the railroad the learned Attorney-
General pursued a line of investigation with results as follows :

1st. If the logs were floated down to the reservoir, it would be necessary to have steam jack works
to take the logs out of the water, which would be expensive.

2nd. There would be a haul of all such logs after taking them o\)t of the water of five miles
to railroad.

3rd. The expense of taking them out of the water would be sixty cents per thousand feet.

4th. With the watergoing up and down in the reservoir as used by the State, there would be
nothing stable to adjust jack works to for hoisting logs. What to-day would be a mill-pond, would
next week be the dry basin of a reservoir.

(/'. ) Location of mill.

In order to lumber the claimant's tract by rail, it would be necessary to erect a mill at some point
upon the Beaver River, as low down as possible, at or below the mouth of the Red Horse Chain, so
that one mill would answer for the entire tract (except the Twitchell Lake country), and at that place
to put in a dam or boom across the Beaver River for holding logs, and then to float the logs down the
tributaries and river to the mill and there convert them into lumber and by means of a branch track
from the mill to the railroad ship out the manufactured product.

HON. WESLEY BARNES testified that with the reservoir the lands on the Red Horse Chain
(north of reservoir) could not be lumbered by rail unless a branch track was built five or six miles
long ; that if the dam had not been raised, claimant's entire tract, except the Twitchell Creek country,
could have been lumbered by rail by building a mill on the river near the outlet of the Red Horse
Chain, and then build a branch road down, then float the logs down to the mill, and manufacture
them into lumber.

(r.) Cost of mill.

Any kind of a mill adequate for the tract of land would cost at least $25,000.

AUGUSTUS KESSLER testified:

Q. You have had experience in building saw mills, have you not ? — A. Yes, sir.

Q. Now, to properly lumber a tract of 60,000 acres of land, what would be the reasonable cost of
a mill? — A. The only way I could explain it would be what my mill cuts in a year.

O. Your mill cuts eight or ten million feet? — A. Ten million feet in a season. The mill would
cost $25,000.

(d.) Cost of braiiih track.

The six miles of necessary branch track would cost $60,000 at least.

HERSCHEL ROBERTS, the Deputy State Engineer and Surveyor, testified that to build a branch
track in that locality, ballasted so as to carry a locomotive, would cost from ten to twelve thousand
dollars a mile, and there are about six miles of branch track to be built. (Testimony, Hon. Wesley
Barnes.)

After building the mill and branch track, there is still a freight rate of sixty cents more per thousand
feet to be paid in order to market the product by rail than the cost of transportation when marketing
by water, which at 3,000 feet per acre would make it $1 18,504.80 for transportation alone more ex-
pensive to lumber claimant's entire tract by rail than by water, after building the mill and branch
tracks at an additional cost of $85,000, not taking into account the forty cents per thousand feet of
lighterage testified to by Mr. Kessler. It would be considerably over $200,000 more expensive to
lumber (manufactured product) by rail than to float out the logs.

FISHERIES, GAME AND FORESTS. 4O3

The cost of transportation of manufactured lumber by rail from Beaver River station is clearly
established in the evidence.

MR. H. D. CARTER, the Freight Agent of the Mohawk and Malonc Railroad, and Edward M.
Burns, claimant's General Manager, testified that the nearest lumber market would be Albany, and
that the rate upon manufacturedlumber from Beaver River station to Albany is $1.60 per thousand feet,
and to Watertown would be $1.75 per thousand feet ; that the claimant Webb pays at the rate of $1.60
per thousand feet in shipping manufactured lumber from Beaver River station ; that Webb would be
treated just as any other shipper ; and that he pays the same as other shippers. It is to be noticed
that the railroad of the Mohawk and Malone Railroad Company has been leased to and is now being
operated by the New York Central and Hudson River Railroad Company, and that the claimant Webb
is not connected with the management of the N. Y. C. & H. R. R. R. Company. His witnesses in
this proceeding, even in going over the road, have to pay fare, as was brought out upon cross-ex-
amination by the learned Attorney-General.

We have already seen that to float this same product to market by water would cost not over $1
per thousand. Here is a difference of sixty cents per thousand feet in the cost of transportation, or
of $1.80 per acre, assuming a cut of 3,000 feet per acre, which makes the additional cost of transporta-
tion by rail when shipping the manufactured product, $1 18,504.80, which does not include the $85,000
cost of the mill and branch tracks, nor does it include the additional lighterage testified to by Mr.
Kessler of forty cents per thousand feet.

Is it any wonder that the claim is large, when the bare cost of the mill and branch tracks to the
railroad would amount to $85,000, and the additional freight rates would amount to $118,504.80?
And all this on the assumption that the tract is all feasible to lumber by rail, as the State has left it,
which as we shall see is not the case.

(4. ) Marketing pnlp wood by rail as compared with marketing it by water.

To market the pulj) wood by rail instead of by water, makes a difference at the least calculation
of $5 an acre in value of claimant's land, or upon the entire tract $529,180.

DR. FRANKLIN E. ROBINSON, who has a pulp mill at Carthage, testifies that he tried to get
pulp wood sent to his mill by rail, and that the freight rate was so great that he could not get it there
at the price the pulp wood was worth ; that the present winter he attempted to buy pulp wood at
Lowville, but that the rates were such that he could not, and that two and one-half or three years ago
he tried to get some over the Carthage and Adirondack Road ; that the rate was $1 a cord, making it
cost $6 a cord at Carthage, and that he could buy and float it to market for $5. He floats his pulp
wood from the adjoining township in Brown's Tract.

E. B. STERLING, of the Ontario Paper Mill, at Watertown, testified that at one time his mill
was supplied with pulp wood shipped out over the Mohawk and Malone Railroad from Otter Lake,
and that the freight rate paid was $2.70 a cord, and that his firm gave it up.

MR. H. D. CARTER, the freight agent of the Mohawk and Malone Railroad Company, testified
that the rate for a shipper at Beaver River station would be the same as for one shipping at Otter
Lake, which would make a rate to Watertown of $2.70 a cord.

MR. JAMES P. LEWIS, a pulp manufacturer at Beaver Falls and one of the State Commissioners
having charge of the dam at Stillwater, testified that with the experience that he has had in driving
timber on the Beaver River, that the claimant's pulp wood could be floated to market at about seventy-
five cents a cord.

Is it any wonder the claim is large when claimant's pulp wood could have been taken to market
by water at seventy-five cents a cord, and to take it to market by rail costs $2.70 a cord? And it
is to be borne in mind that these 65,836 acres of claimant's will produce on the average at least five
cords of pulp wood per acre.

Upon this subject the most favorable evidence for the State is that given by Dr. Robinson, where
he stated that it cost him $i a cord more to get his pulp wood in by rail than it does by water ; and
it is to be borne in mind that pulp wood delivered by water is more valuable than when delivered by
rail, for the reason, as testified by Hon. G. H. P. Gould, that it can be ground one-third faster.

404 REPORT OV THE COMMISSIONERS OF

Assuming that the land of the claimant would cut five cords of pulp wood per acre, which, as we
shall hereafter see, is a small estimate, the difference in the cost of the transportation of pulp wood by
rail over water transportation would amount to at least $5 an acre, or upon the claimant's whole tract
of 65,836 acres would amount to $329,180.

Again we repeat the question, is it any wonder that the claim is large when the State of New York
has closed up the natural and cheapest way of marketing the pulp wood on claimant's land and has
made it absolutely necessary to ship out the pulp wood by rail so as to affect the land at the rate
of $5 an acre ?

(5.) Difficulties ill the 'ivay of httiihering by rail caused by the reservoir.

Discussion hitherto has been upon the supposition that the reservoir did not absolutely prevent the
lumbering of claimant's tract by rail but made it more expensive. The evidence discloses that it is
impracticable to lumber by rail.

In order to lumber the tract by rail it is necessary to use the land and waters embraced within the
reservoir limits.

As we have previously seen, because of the drawing down of the waters of the reservoir, in the
winter time, and the constant changing of the waters' level, the resulting ice is unstable and not of
sufficient strength to conduct lumbering operations across, so that all lumbering operations in the
winter time such as crossing over the reservoir to and from the railroad are rendered impossible.

The questions propounded by the learned Attorney-General seem to indicate that he deemed it
quite feasible to float down the logs from the tract, and especially down the Red Horse Chain into
the reservoir, and opposite the entrance of the Red Horse Chain, to construct a mill for the purpose
of manufacturing the logs into lumber. That the reservoir at that point could be cleared out,
booms placed across it and the logs held there in the reservoir, and that the reservoir would answer
the double purpose of use by the State for storage purposes and for a mill pond for the lumberman.

This suggestion seemed at first quite taking, but upon reflecting as to the manner of using
this reservoir by the State, it appears that during the summer the State draws down the water in
this mill pond, commencing in July; so what would to-day be a satisfactory mill pond would next
week be the dry bottom of a reservoir. Under such circumstances the entire stock of logs would be
stranded and landed in the mud and mire at the bottom of the reservoir. Such a situation, it
would seem, would require no evidence to convince one that it would not be feasible to conduct
lumbering operations under such conditions. Reference, however, is made to the following testimony :

JOHN McFARLAND testified that if a mill were built on the edge of the reservoir opposite
the valley of the Red Horse Chain, so as to be used for the entire tract, that it would be necessary to
use all the waters of the river to get the logs down to the mill, and then to put a boom across to hold
the logs; that if in the months of July, August, or September, the water was drawn down it would
land the logs on the ground, and they would have to be taken out of the mud and mire to the mill,
which w^ould not be paying or profitable.

HON. WESLEY BARNES testified that it would be necessary to build a mill outside the flow
line, and then when the water in the pond was drawn out, the logs would be scattered all over the
flats, and that it would be almost impossible to get them in to the mill to manufacture. The learned
Attorney-General rather took issue with the witness as to his conclusion that it would be necessary to
have the mill at the edge of the reservoir, and the following ensued upon cros;-examination :

Q. You say that a saw-mill would have to be built at the edge of the flow, at the edge of the
reservoir, if it was built there ? — A. Yes, sir.

Q. Could it not be built out to the channel of the river ? — A. Not very well.

O. Couldn't it be built on piles? — A. Not to have a steam mill.

(An inspection of the premises shows that there is no water power obtainable with which to
run a mill).

DAVID C. WOOD testified that to lumber the tract by rail it would be necessary to have the
reservoir full of water, and that the mill could not be run with any practicable results if the reservoir
was not keot full.

FISHERIES, GAME AND FORESTS. 405

The question of using the reservoir for a mill pond at the same time that the State is using it for
reservoir purposes, is so inconsistent that no extended abstract of the evidence is necessary, or an
argument to convince one that a body of water that is going up and down, the water being entirely
drawn out in the summer season, is not a suitable mill-pond for the storage of logs, and that any logs
stored in such a place would be more than apt to be stranded in the mud and mire when needed.

(6.) Territory rendered inaccessible to Itimhering operations by rail by reason of the resenmr.

Not only is it more expensive, as above shown, to lumber claimant's tract of land by rail than by
water, but the reservoir actually cuts off 21,678 acres, so as to make the same wholly inaccessible for
lumbering operations by rail. The lands which are rendered by the reservoir wholly inaccessible are :

Lands in the valley of the Red Horse Chain of lakes.

Lands surrounding the Twitchell Lake and Twitchell Creek.

Lands surrounding the south branch of the Beaver River.

{«.) Mountain ranges and their direction.

A glance at the topographical map shows that the mountain ranges extend in oblique angles nearly
diagonal to the river. These mountain ranges on the tract are about 2,000 feet above the deep sea
level and about 250 to 500 feet above the level of the river.

It is self-evident that in lumbering operations the logs will have to be brought down the ravines
and valleys to the river. They can not be drawn over the mountains.

DAVID C. WOOD, surveyor and engineer, and a practical woodsman, who has spent about
three years with a large corps of assistants in making a survey and topographical map of the
claimant's lands, testified :

Township 5: That there are 4,000 acres in the east third of Township 5, north of the Beaver
River, the timber from which can not be taken to the railroad on account of the reservoir; that
between these 4,000 acres and the railroad, there are three mountain ranges averaging from 250 to
500 feet above the river level ; and that there are no passes in the mountains through which loads
could be drawn; that it would not be practicable to draw loads of logs over mountains 250 feet high;
and that there is no way of getting from the lands in Township 5 north tjf the Beaver River to the
railroad, except by crossing the reservoir.

Township 43: That there are 4,342 acres in Township 43, the timber from which can not be
taken to market except by crossing the reservoir ; that there are two principal mountain ranges, and
in some portions three, between these 4,342 acres and the railroad, with the average height of 340
feet above the valley, with no passes that could be utilized, the lowest pass existing being from 250 to
300 feet above the river level.

Township 42 ; In Township 42 there are 2.840 acres, the timber from which can not be taken to
market by rail except by crossing the reservoir. There is one mountain range between these 2,840
acres and the railroad, which is from 300 to 600 feet in height above the level of the river,
with no passes.

Township 38 ; That there are 464 acres of land in Township 38, the timber from which can not be
taken to the railroad except by crossing the reservoir because of two heavy mountain ranges from
250 to 600 feet above the river level intervening between the land and the railroad ; and that north of
the river and railroad there are 11,759 acres of land, the timber from which can not be taken to the
railroad without crossing the reservoir.

This is very apparent from an inspection of the topographical map of the lands. The land so
affected was indicated by Mr. Wood as being enclosed in the green lines upon one of the exhibits
used in the trial of the case to which reference is made. The lands upon the north side of the railroad
and reservoir thus affected are principally in the Red Horse Chain of lakes ; that is, in the valley of
Big Burnt Lake, Salmon Lake, Witchhopple and Nigger Lake, with their connecting streams

{b. I The floiu from the reservoir extends hack in most cases to the base of the mountains.

This condition of things can be readily seen by a glance at the map. The flow extends up the
Loon Lake Valley, up the valley of the Red Horse Chain and up the valley of the South Branch and

4o6 KEI'(JRT OF THE COMMISSIONERS OF

up to the valley of the North Branch. A glance at the map and outline of the reservoir shows the
mountain ranges extending down into the flowed land, so that it is impossible to draw a load around
the reservoir.

Upon cross-examination of Mr. Wood, it was stated that the hills came down on one side or the
other to the stream in different places, and where there is a hill on one side or an abrupt bank, the
other side will be low, and that it could not be drawn along the shore of the original stream e.xcept
by crossing the river because of the abrupt banks, and that it would not be practicable to draw so as
to avoid the reservoir : that to avoid the reservoir, a haul to the railroad, by the most feasible way,
would be twelve miles ; and that if the reservoir was not there the average haul to the reservoir
would be two and one-half miles.

N. B. — We have already seen that logs can not be hauled with profit more than six miles.

(<.) Kid Horsf CJiaiii.

The timber from the valley of the Red Horse Chain is entirely cut off by the reservoir.

HON. MELVILLE W. VAN AMBER testified that in his examination of claimant's lands he
had examined the land in the valley of the Red Horse Chain with a view of lumbering it by railroad,
and that it can not be done ; that he noticed the mountain ranges intervening between the railroad
and the lands in the valley of the Red Horse Chain, and that with the reservoir in existence it would
not be practicable to draw logs from the valley of the Red Horse Chain to the Mohawk and Malone
Railroad; that the timber in the Red Horse Chain Vallev could not be hauled profitably more than
six or seven miles ; that it could not be hauled in a direct line to the railroad because of intervening
mountains ; and that the only feasible way to get around would be by a haul of twelve or fifteen
miles.

JOHN McFARLAND testified that when he examined claimant's tract of land, he examined
especially with reference to lumbering by way of the Mohawk and Malone Railroad ; that you can not
get the timber on the lands north of the railroad to the railroad without first floating it down the
river, and then it could be towed up to the railroad, with a mill and branch built; that it would be
cheaper to build the mill than to tow the logs up. The expense of towing the logs up-stream to
the railroad was shown to be fifty cents a thousand after the reservoir was cleared out, which would
make it wholly impracticable ; that there would be too much up grade to draw- to the railroad.

HON. WESLEY BARNES testified that he examined the lands in the Red Horse Chain
Valley for the purpose of ascertaining whether they could be lumbered by rail, and that the
lands in the valley of the Red Horse Chain could not be lumbered by rail, with the existing
reservoir, unless a branch track was built; that he noticed the height and abruptness of the moun-
tains intervening between the mountains and the Red Horse Chain, and that it would not be feasible
to draw the logs or lumber over the mountains to the railroad.

JAMES COSGROVE testified that it would not be practicable to draw logs across the mountains
from the valley of the Red Horse Chain to the railroad ; that the cost would much more thaii eat the
profits up.

JULIUS BRECKWALDT testified that it would not be practicable to draw the logs from the
valley of the Red Horse Chain to the railroad, because of intervening mountain ranges.

We have already seen that because of the reservoir and the dam, the timber from the valley of
the Red Horse Chain can not be floated down the river ; that because of the manner of the use of
the reservoir by the State, the ice is so unstable that timber can not be drawn across the reservoir to
the railroad, even conceding that the haul of over five miles would be practicable ; that because of
the manner of the use of the reservior by the State it can not be converted into lumber upon the
tract, even after going to the expense of erecting mills ; and that because of intervening mountain
ranges it can not be drawn directly to the railroad. There is no escaping the conclusion but that
access to the timber in the valley of the Red Horse Chain has been entirely cut off by the reservoir,
and, as we have seen, there are in all 1 1,759 acres so situated.

FISHERIES, GAME AND FORESTS. 407

((/. ) Kinds and amounts of timber in the valley of the Red Horse Chain that are rendered
inaccessible by the reservoir.

JOHN McFARLAND, an expert lumberman, made a careful examination as to the merchantable
soft wood standing in the valley of the Red Horse Chain, and his testimony is that there are at least
170,000 market logs, or 34,000,000 feet of merchantable soft wood in the valley of the Red
Horse Chain, no part of which can be taken to the railroad. In addition to the merchantable sott
wood in the valley of the Red Horse Chain, the tract has considerable merchantable hard wood, such
as cherry, maple and birch, access to all of which has been completely destroyed by the reservoir.

JULIUS BRECKWALDT, an expert lumberman in hard wood, testifies that he made a careful
examination of the merchantable hard wood in the valley of the Red Horse Chain and prepared a
careful table of quantities and percentages of the different kinds of woods upon the several tracts ;
and that the expense of drawing the hard wood in the valley of the Red Horse Chain to market over
the mountain ranges would be so great as not to be undertaken, and that the same could not be
drawn across the reservoir to the railroad on account of the unstable condition of the ice, and that the
value of this land, solely for the merchantable hard wood that is upon it, would be $2.09 an acre,
and as there are 11,759 acres, the value of the hard wood alone in the Red Horse Chain Valley,
destroyed by the reservoir, would amount to nearly $25,000.

{e.) South Branch.

Upon the South Branch side of the Beaver River, principally in the valley of the South Branch,
there are 3,337 acres, so situated on account of intervening mountain ranges, that tlic timber from
which can not be taken to market by rail.

The situation of the land upon the south side of the Beaver River with reference to its feasibility
for lumbering by rail can be easily determined by an inspection of the topographical map of the lands,
and it will be seen that the relative location of the reservoir, railroad and mountain ranges are such
that a large quantity of timber can not be drawn to the railroad except by drawing the same over the
mountain ranges, which, as we have seen, are of such a height as to render it impracticable.

The situation of the 3,337 acres south of the railroad are described by Mr. Wood in his minutes of
testimony ; see also testimony of John McFarland.

As to a portion of the timber in the valley of the South Branch, namely, that above the railroad,
it was suggested by the learned Attorney-General that the same could be floated down to the railroad
and then taken out of the water and shipped to market.

A careful examination was made of the situation by Hon. WESLEY BARNES, who testified that
he went for the purpose of ascertaining the situation of the railroad bridge on the South Branch ; that
he found the railroad bridge a bridge fifty feet long, about thirty feet high, high trestle works about
500 feet on each side of the bridge, and high embankments ; that if any logs were put into the stream
and run down to the crossing they would have to be taken out a considerable distance above the
bridge ; and that this taking the logs down, hauling them up and getting them on the cars, could be
done for about sixty-five cents a thousand feet extra.

(/ ) T-Mitchell Creek.

Twitchell Lake is situated in the north part of Township 8, John Brown's Tract, and empties into
Beaver River through Twitchell Creek. Twitchell Creek empties into the Beaver River just above
the dam at Stillwater.

The Twitchell Creek, as we have seen, is a perfectly feasible stream to drive, with the river in its
original condition. Before any interference with it by the State, Twitchell Creek was a floatable
stream. Because of the river being blocked up in the way that it is, it is now absolutely impossible
to float logs.

The question arises, how can claimant's land in the Twitchell Lake Valley be lumbered by rail ?
It was suggested by the learned Attorney-General that the logs from Township 8 could be floated
down to the railroad and there be taken out and shipped by rail : and in making this suggestion the
situation evidently was not understood, for :

4o8 REPORT OF THE COMMISSIONERS OF

HERSCHEL ROBERTS, Deputy State Engineer and Surveyor, who had charge of the construc-
tion of the Mohawk & Malone Raih-oad, testified that the railroad across the Twitchell Creek is forty-
two feet above the level of the water; that the railroad is upon an embankment at each end of the
bridge, the embankment on the southern end being 200 feet long and on the northern end over one
hundred feet; that the grade of the railroad at the crossing is eighty-four feet to the mile, and there
is a sharp curve at the crossing, and that it would not be feasible to build any branch line or spur at
that place ; that to build a wagon road on the south side of the ravine would be very expensive, as it
would be necessary to cut through a hard bastard granite; and to build a wagon road upon the south
side feasible for drawing logs would cost $3,000 a mile : and that the stream at the point of crossing is
a rapid stream.

HON. WESLEY BARNES testified that he made an examination of the Twitchell Creek Railroad
crossing and the land in the vicinity for the purpose of ascertaining whether it was feasible to take the
logs out by railroad, that the grade of the railroad would be quite a hindrance to any branch tracks;
that on account of the height of the bridge, the curve of the railroad and the unhandy place to take
logs out at that place, that to put logs in the stream, run them down and then take Ihem out and put
them on the railroad, would be an expense of sixty-five cents a thousand feet. The lands upon
Township 8 and Twitchell Creek Valley are unusually well timbered, cutting at least 4,000 feet per
acre, which would make a difference per acre of $2.60. There are 6,582 acres of this land; and to
lumber the Twitchell Lake country in this way would entail a total expense of $17,213.20 which did
not exist before the reservoir.

(_§".) Prior to the raising of the reservoir there -were 15,096 acres that could ha-oe been lumbered
by rail, lohich are now completely isolated.

If the dam had not been raised the last time it would have been possible to have built a mill
opposite the Red Horse Chain, and by means of the mill and branch to have lumbered the entire tract.

JOHN McFARL.^ND testified that if the flow line of the reservoir had extended back no farther
than to the line of dead trees caused by the first dam just to or below the Red Horse Chain outlet,
and that the balance of the Beaver River was in its natural condition, then all the timber in the Red
Horse Chain and South Branch could be floated down the river, and by putting a boom across the
river and building a mill there the lands in the Red Horse Chain country could have been lumbered.

HON. WESLEY BARNES' testimony is to the same effect : that if the original flow extended no
farther than to the entrance of the Red Horse Chain, those lands could still be lumbered by rail.

Five: The Sianding Timber upon claim.\nt's Land.

The claim being made up largely of damages to the claimant's standing timber, an inquiry is
therefore necessary into the kind and amount of timber.

TOWNSHIP 5 : The forests upon Township 5 are virgin forests, e.xcept a small cutting done by
Ouderkirk. The forests consist of 50 per cent, hard wood, 30 per cent, spruce, 10 per cent, pine, and
5 per cent, hemlock.

The estimates of the yield per acre are as follows :

DAVID C. WOOD estimated a cut of 2,000 feet of merchantable soft wood per acre upon Town-
ship 5, and in addition two cords of pulp wood.

JOHN McFARLAND estimated a yield of 2,260 feet per acre, or 6 cords of pulp wood per acre.

HON. WESLEY BARNES estimated a cut of 3,000 feet per acre.

TOWNSHIP 43; The forests upon Township 43 are composed of 40 per cent, hard wood, 40 per
cent, spruce, 20 per cent, pine, cedar, hemlock and balsam.

The estimated yield per acre is as follow-s :

DAVID C. WOOD estimated 2,000 feet per acre, and three cords of pulp wood.

JOHN McFARLAND estimated 3,000 feet per acre, seven cords of pulp wood.

HON. WESLEY BARNES estimated a yield of 4,000 feet per acre. Pine in certain parts of
the township, especially in the James or Pine lots, is very prevalent.

TOWNSHIP 38 : The forests upon Township 38 are composed of thirty per cent, hard wood,
twenty five per cent, pine, forty per cent, spruce, five per cent, cedar and balsam.

KISIIEklES, GAME AND FORESTS. 409

JOHN McFARLAND estimated it to yield 2,575 feet per acre, or six cords of pulp wood.

HON. WESLEY B.'^RNES estimated it to yield 4,000 feet per acre.

JAMES COSGRO\'E estimated it to yield 3,000 feet per acre.

TOWNSHIP 37 : The forests in Township 37 are composed of thirty-five per cent, hard wood,
ten per cent, pine, forty per cent, spruce, fifteen per cent, cedar, hemlock and balsam.

JOHN McFARLAND estimated it to yield 2,590 feet per acre, or five cords of pulp wood.

HON. WESLEY BARNES estimated it to yield 4,000 feet per acre.

JAMES COSGROVE estimated that it would yield 3,000 feet per acre.

N. B. — In making their estimates, the witnesses took into account different kinds of cutting.
Hon. Wesley Barnes considered a closer cut than the others.

Other witnesses named the tract as an entirety, viz. :

HON. M. W. VAN AMBER estimated the whole tract to yield from three to three Rnd one-
half thousand feet per acre, or five cords of pulp wood.

ERASTUS DARLING estimated the tract to cut 3,600 feet per acre.

A cut of 3,000 feet is not at .nil an unusual cut. (Testimony William McEchron. See also
testimony of Augustus Kessler as to the yield of his adjoining land by actual measurement.)

It is a fair conclusion from the testimony that the claimant's land would cut at least 3,000 feet per
acre of merchantable soft wood or five cords of pulp wood.

Six: Da.m.\ges Done to claimani's Lands in rm-. Ukstkih 1 idn oi- Thkir Use for
Camp and Cottage Purposes.

One of the class of damages entering into this class is the diminution in value of a portion of
claimant's land for camp, cottage and park purposes, caused by the reservoir.

Prior to the construction of the reservoir there were camps and cottage sites all along the Beaver
River upon claimant's lands, which were actually in use, nearly all of which have been submerged by
the reservoir, springs covered up and polluted, and the whole region rendered so unhealthy as to
make the adjacent land unsalable. A beautiful lake — Big Burnt Lake — has been entirely submerged,
and the overflow extends up to the outlet of two others, namely, Trout Pond and Loon Lake. The
flowed ground has been extended so far that a cottage belonging to the claimant has been placed at
the edge of the reservoir.

One of the qualities that give value to a given tract of land for camp and cottage purposes is the
ability of the tract to support fish and game. The Beaver River Valley, in its original condition,
was a natural feeding ground for deer. This feeding ground has all been submerged and destroyed
by the reservoir. In the winter time the Beaver River Valley was a natural yarding place for deer,
where feed could be found among the dried grasses of the low lands. All this has been destroyed by
the reservoir and the hunting practically ruined.

{a.) Merchatitabh- soft wood can he taken from a tract of forest land and the I'aluc of the tract for
camp, cottage and park pnrposes be retained.

It is to be borne in mind that the merchantable soft wood occupies only a small percentage of the
forest. To begin with, fifty per cent, of the forest is hard wood, and the remaining fifty per cent, of
soft w-ood is composed of all sized trees, many of them small, so that the removal of the merchantable
soft wood makes but little impression upon the forests as a whole. The evidence is;

HON. WESLEY BARNES testified that with the merchantable soft timber taken off, the lands
would be just as valuable for park purposes.

WILLIAM McECHRON testified that land from which the merchantable soft wood had been
taken was valuable for park purposes, and that he had sold land for such purpose.

ERASTL'S DARLING testified that he had sold tracts of land for camp and cottage purposes
from which the merchantable soft wood had been taken, and upon which there were lakes that he had
dammed up for a few weeks in the spring of the year for lumbering purposes; and that removing the
merchantable soft wood made more and better feed for deer.

410 REPORT OF THE COMMISSIONERS OF

PATRICK MOYNEHAN testified that he had made several sales of land recently for camp and
cottage purposes where the merchantable soft wood had been taken off and where the lakes had been
dammed up for a few weeks in the spring ; and that there was a market for such land.

EDWARD M. BURNS, claimant's manager, in speaking of his experience with claimant's lands,
testified that in some cases lands from which the merchantable soft wood timber had been taken down
to ten or eleven inches is preferred both for health and sport. The large trees or decayed trees are
very apt to fall, and particularly about a body of water. People preferred to build their camps in
young growth ; and the deer feed and increase better if the timber has been cut out. It lets in more
light and causes the undergrowth to spring up on which the deer feed.

(i.) Conditions that exist to give value to a tract of /and fo>- such purposes.

EDWARD M. BURNS testified that many people buy purely with regard to the health of some
member of their family ; others buy simply to spend their vacations ; others, again, to hunt and fish.
Where they are buying for purely sporting purposes, a large tract of land is necessary to successfully
control conditions that will afford good sporting; where persons buy simply with reference to health
of one or more members of their family they buy simply a camp site, and they prefer to be located
where there is company and where they can get at physicians ; then there are others who prefer to
spend a long time in the woods and prefer to be isolated; some of them don't fish and don't hunt at
all ; they are satisfied with an isolated lake, a small body of water, and they want to be alone. We
have several applications for purchases just such as these I have mentioned.

The claimant respectfully submits that this land in the vicinity of the Beaver River originally had
all these elements of value, as shown by the evidence, to which reference is hereafter made.

{e.) Odors from t/ie reservoir.

In the ordinary course of human experience, one would naturally expect that a large area of land
covered with flooded water, causing vegetation to decay, would emit disagreeable odors, especially in
the hot weather, when the water is drawn down. The evidence is :

ANDREW J. MUNCEY testified that there was a strong smell coming from the reservoir before
it was enlarged ; that when the wind was in the west it was brought up to Little Rapids.

HON. T. M. REED testified : O. As the water was going down was there any perceptible odor ? —
A. Yes, sir.

O. To what extent ? — A. It was very readily perceived ; you could detect a strong odor.

DR. J.AMES TAMBLIN testified : Q. Describe the condition in which it was left when the
water was drawn down? — A. The alders and bushes were left with the indications of decay, a green
scum, filth or slimy appearance of the part —

Q. Stagnant pools that you saw ? — A. Yes, sir.

O. To what extent ? — A. All around the edges, where the set-back left them in little pools and
pond holes.

O. Produce any perceptible odor ? — A. Yes, sir ; very perceptible. The smell of the water was
disagreeable and repulsive.

HON. WILLIAM P. GOODELL, one of the State Law Examiners, testified that the smell was
so bad that the trout caught were not fit to eat ; reservoir was covered with green scum.

Even assuming that there is no deleterious effect upon health from this odor, it stands to reason
that no one would invest in a camp or cottage site on the shores of a reservoir producing disagreeable
and annoying odors.

(rf. ) Big Burnt Lake.

Big Burnt Lake is entirely submerged. Its area has been changed from loi acres to 138 acres,
and all the timber surrounding the edge destroyed.

This lake, as the evidence shows, would be worth $15,000 in its original condition, and its value
has been entirely destroyed by the reservoir.

(c. ) Former condition, use and availability for camps, cottages and sporting purposes.
The evidence is replete to the effect that the entire river on claimant's lands was used for such
purposes.

KiSHERiEs, c;aml: and forests. 411

DAVID C. WOOD testified: The Chris. Wagner Camp, so called, is about half a mile below
the outlet of the Red Horse Chain. There is a house there, and when the dam is closed there is
about five feet of water on the floor. There is a camping place of 1,000 feet water front capable of
making five or six lots at the so-called Sand Spring or Cold Spring, above the South Branch Junction,
and when the reservoir is filled the spring is obliterated. There is a good camping ground, where
camps have been, just below the Loon Lake carry, which the reservoir has obliterated, spring and
all. There is a camp and camping ground at the Big Burnt Lake carry that is flooded.

DR. JAMES TAMBLIN testified that prior to the building of the State dam that the valley of
the Beaver River was used to quite an extent for camping ; that the Sand Spring Camp had been in
constant use since his earliest recollection ; that there were camps at Loon Lake outlet, Grassy Point,
Chris. Wagner's Camp at Big Burnt Lake, and various other places since his earliest recollection.

HON. WM. P. GOODELL testified that he should regard the Sand Spring as a desirable
camping place ; that he had known the river for twelve years ; that there were camps opposite Big
Burnt Lake, at Grassy Point, Chris. Wagner's, Loon Lake, and that the river generally through that
section was available for camp sites for fishing and hunting purposes.

HON. LANSING HOTALING testified that he has known the Beaver River since 1868; has
spent there on the average four or five weeks a year ; is familiar with the old hunting and camping
places along the river ; that camping was done at Sand Spring Camp, Chris. Wagner's Camp, Grassy
Point, Cold Spring, Loon Lake outlet and Big Burnt Lake; that parties camped quite indiscrimi-
nately all along the river, and that there were very many camping places.

HON. T. M. REED testified that he was acquainted with the former camping places along the
Beaver River near the location of Chris. Wagner's Camp, and that there was a beautiful spring of
water back of the camp, twenty-five or thirty rods; that there was a camping place just a little way
above there ; there was also the Greeley Camp, at the mouth of the Red Horse Creek, used exten-
sively for camps ; that camping was done right opposite Big Burnt Lake, and at Big Burnt Lake;
that there were available camp sites very nearly all around the lake; that camping was done at
Grassy Point and on the South Branch at various places.

DR. J. W. CANDEE testified that the Beaver River was also used extensively for camping
purposes.

(/.) Effect of the reservoir upon former camp sites.

These camp sites above mentioned have all been submerged and destroyed by the reservoir, and
the springs filled up and spoiled for use. Reference is made to minutes of testimony.

(g. ) Original condition of the flooded area as regards a place for the support of deer.

The flooded area was a natural feeding ground for deer. There can be no reasonable dispute
about that proposition, and reference is only made to a little of the testimony upon that subject.

DR. J. W. CANDEE testified that the valley of the Beaver River was very decidedly, in 'its
original condition, a natural feeding ground for deer.

ANDREW J. MUNCEY testified that the place was a natural feeding ground for deer, and a
natural place for them to winter.

(//.) Effect of the reservoir upon game.

It would seem that no discussion was necessary to establish the proposition that where there is a
natural feeding ground for deer, that when that feeding ground was covered with water it would be
destroyed, and that then the deer would go elsewhere for feed, which would diminish the value of the
land for sporting purposes.

DR. J. W. CANDEE testified that these natural feeding grounds were destroyed, or, if they
existed, were put so far back into the woods as to be inaccessible.

A. J. MUNCEY testified that when the reservoir was full there wasn't any feeding ground.

(i.) Effect of the reservoir npon health.

The effect of the reservoir has been to change what was formerly a healthful locality to a place for
breeding diseases.

412 RErORT OF THE COMMISSIONERS OF

(i.) Former condition.

DR. J. H. TAMBLIN testified that he had been acquainted with the region in the vicinity of the
reservoir for sixteen or seventeen years, and was familiar with the sanitary conditions of the country;
that he knew the place at Stillwater when a hotel was kept by Dunbar, and that the same number of
people were entertained there by Dunbar as by the present club ; that prior to the construction of the
State dam he knew of no special diseases there, and considered it a perfectly healthful place, and that
he was constantly sending his patients there for their health ; and that prior to the building of the
dam there was no case of miasmatic poisoning or catarrhal enteritis.

HON. WILLIAM P. GOODELL'S testimony is to the effect that prior to the building of the dam
he did not recollect of any sickness at Stillwater.

(2.) Condition of hcallli since the hnilding of the reservoir.

DR. J. H. TAMBLIN testified that the decaying vegetation would, in his opinion, cause
disease ; it would cause a recognized type of malarial fever, together with catarrhal difficulties,
inflammation of the bowels, or enteritis; that since the building of the dam such diseases have been
constant every year ; that while he was there he treated at least twenty patients; that some of the
cases were very severe : some were taken sick and carried out of the woods on stretchers ; and that it
was necessary to remove them in order for them to convalesce ; that this disease was contracted by
breathing contaminated air or drinking contaminated water, and that it could be carried a long
distance ; that he had treated patients three miles away from the reservoir ; that the sanitary condition
of Loon Lake and Big Burnt Lake would be affected by the reservoir, and that since the building of
the reservoir the lands along the river, along Big Burnt Lake aud Loon Lake, are not desirable for
camp and cottage purposes from a sanitary view.

DR. FREDERICK TOWNSEND testified that in the summer of 1893 he was camping near
the Chris. Wagner Camp when the water was drawn down, leaving a green scum and bad odor; that
there was sickness in his party ; that he was sick about a week with a fever accompanied with
diarrhceal difficulties ; the guide was taken sick ; and he should consider it a very unhealthy
condition ; that the conditions were favorable for the propagation of disease germs and miasmatic
troubles ; that these poisons would extend on either side of the river for several miles ; that it would
afiect the sanitary condition of Big Burnt Lake and Loon Lake ; that last year he had planned to camp
on the Beaver River below the dam, but was warned off and prevented by the Beaver River Club
from camping there ; and was forced to camp at the Old Wagner Camp, and saw the effects where
the water had flooded the camp and had been drawn down, and as the water receded mud was left
bare, and he was again taken sick, with the same difficulties.

DR. PAUL VON ZIEROLSHOFEN testified that at one time he was the nearest practicing
physician at Stillwater ; and during the years 1891, 1892, 1893, and 1894, was frequently called to
Stillwater, where he treated from twenty-si.\ to twenty-seven cases, where patients were suffering from
miasmatic poisonings, dumb ague and catarrhal enteritis ; that decaying vegetation, together with
heat and moisture, would produce this poison, and would extend from one to one and one-half miles
outside the reservoir ; and that it would be apt to be carried up to great heights.

DR. J. W. C.A.NDEE testified that in the summers of 1891 and 1893, disease of an endemic
nature broke out; that there were one or two other physicians on the ground besides himself; and that
he personally knew of at least fifteen cases. The disease resembled miasmatic poisoning, severe
chills, quite high fevers, aching bones and muscles and enteric symptoms, the cause of which was the
impounding of the water ; and that in 1893, when he was there, he prescribed for at least one-half
dozen cases.

DR. FLORENCE DONOHUE, President of the State Board of Health, testified that the
impounding of the water over the area covered with vegetation would be injurious to health ; that the
bare impounding of the water would arrest the natural processes of purification, of oxidation and
nitrification ; that the exposure of the banks and shores of a reservoir to the sun, leaving decomposi-
tion of organic mattter to take place, would be injurious to health, and that with a strong wind this
unhealthy condition would extend a mile to the windward, and would produce fever, agues, and

FISHERIES, GAME AND FORESTS. 413

miasmatic poisoning, which are taken into the system cither by breathing, or drinking the water;
that patients in a low state of health who would be apt to be sent to the Adirondacks, would be very
likely to take on the disease, and if a case of typhoid fever arose so that the emanations of a typhoid
patient were discharged in such a stream it would be a good culture bed for the germs. (In this
connection claimant calls attention to the epidemic of typhoid fever that has been existing in Water-
town and other places along the Black River.)

Here is a locality where fever, agues and enteritis were unknown, and which was considered a fit
and proper place for physicians to send their patients.

Since the building of the dam a certain well-defined disease has been prevalent and has continu-
ously existed. As shown by the President of the State Board of Health, the reservoir theoretically
would cause jusl such a disease as Drs. Tamblin, Candee, Von Zierolshofen, and Townsend found
so prevalent. There can be no disputing the fact that this unhealthy condition which exists, is
due to the reservoir, and extends on each side of the reservoir a considerable distance.

(y. ) Effect of the reservoir upon claimanfs camp and lodge at Little Rapids.

Prior to the raising of the reservoir the claimant built a cottage at Little Rapids, and in building
the same expended the sum of from $3,000 to $4,000. The pond and reservoir extends to the very
foot of the rapids, almost into the front dooryard of this cottage, and certainly the miasmatic poison-
ings and unhealthy condition above spoken of by the physicians extends to and affects the sanitary
conditions of this cottage.

Moreover, the reservoir has destroyed the only meadow in connection with this camp and cottage.
Four acres of meadow — the only one existing in that locality — are entirely submerged and destroyed.

Seven : D.am.^ges.

The conditions out of which the damages originated have been to some extent indicated in the
above abstract, so that from the citations to the evidence and data given the amount of the resulting
damages can be fairly ascertained.

The value of the whole tract of 65,836 acres, before and after the reservoir, was given by the
witnesses as follows :

HON. M. W. VAN AMBER testified that with the tract in its original condition it would be
worth from $6 to $7 an acre ; with the reservoir, it is worth only $2.50 to $3 per acre. This was
from the standpoint of a lumberman.

JOHN McFARLAND testified that with the tract in its original condition it would be worth $7
an acre ; that with the reservoir, the tract is worth only $3 an acre.

HON. WESLEY BARNES testified that with the tract in its original condition, the timber alone
would be worth $5 an acre ; with the reservoir, the tract is worth about $2 an acre.

HON. G. H. P. GOULD testified that the whole tract would, in its original condition, be worth
$5 an acre, and that with the reservoir there it is worth about $1 an acre, solely for lumbering
purposes.

JAMES P. LEWIS figures the value from a standpoint of pulp wood to be $5 an acre, with the
tract in its original condition, and with the reservoir, to be worth $1.50 per acre.

WILLIAM McECHRON testified that with the river in its original condition for lumbering
purposes solely, the land would be worth $5 an acre ; that as to that portion of the tract which was
set off by itself by the reservoir, and there was no way to get at it except to haul the timber a distance
of twelve miles, he should consider it worthless, and that the present value per acre, assuming that the
logs could be taken to the railroad at the same expense that they could be to the river, would be a
difference between freight and cost of driving.

EDWARD M. BURNS testified that for all purposes the value of the tract, in its original
condition, before the river was dammed, would be $7 an acre, and with the reservoir, would be $3.50.

In addition to these damages it is to be borne in mind that the claimant has expended a large
sum of money in attempting to collect his damages, which he offered to prove was of the amount at
least of $to,ooo, but which was rejected.

414 REPORT OF THE COMMISSIONERS OF

Under the existing statutes applicable to the case, the State of New York appropriates such land as
it sees fit for canal purposes, seizes the land and says to the land owner that he must go to a tribunal
known as the Board of Claims to have his damages ascertained. That he can have no costs for
collecting his damages. The statute creating the Board of Claims permits it to prescribe rules and
regulations of practice ; and under the rules and regulations prescribed, this claimant was obliged to
furnish a specific and accurate description of the lands appropriated in order even to file his claim so
as to present his case to the Court to obtain the compensation and damages that are justly due. For
surveying, printing, witness fees, copying and certifying to papers, disbursements, etc., $10,000 were
expended, which certainly ought justly and equitably to be taken into account in any settlement made.

The claimant squarely challenges the constitutionality of a statute which deprives him of his
property and inflicts upon him the expense and burden of ascertaining its metes and bounds and then
of chasing up the compensation. Tlie Constitution guarantees to him just compensation for his
property taken, and clearl)'- to deduct the cost of obtaining it, does not leave just compensation.

As above stated, the proof regarding the damages shows the claim so much larger than originally
claimed that in case no settlement is made, the claim will have to be amended to conform to the proof,
as permission has already been given so to do, so as to include the damages proven and not set forth
in the claim.

The foregoing is as concise a statement as the claimant is able to make of the facts which the
undersigned desires to submit for the consideration of the Forest Commission and the Commissioners
of the Land Office, when they shall take action with reference to the purchase of Adirondack Lands
affected by the construction of the Beaver River Reservoir, pursuant to the authority conferred upon
them by Chapter 561, Laws 1895, the truth of which, we believe, will be fully verified by personal
examination of the property damaged, which it is expected and desired said Board shall make, and
also by reference to the stenographer's minutes taken in the matter of his claim against the State for
damages, now pending in the Board of Claims, and copies of which minutes are also herewith
submitted.

Dated July 10, 1895.

WILLIAM SFAVARD WEBB,

By Edward M. Burns, Manager.

In May, 1895, the Legi.slaturc passed the law known as Chapter 561, Laws of
1895, "An act to authorize the I'orest Commission to purchase lands within the
boundaries of the Forest Preser\e."

This law, which was signed by the Governor on May 8, 1895, pro\ides as follows:

Section i. Pursuant to its recommendation and resolution, transmitted to the Legislature
February fifth, eighteen hundred and ninety-five, the Forest Commission, or such department of the
State government as may hereafter be charged with the care of the Forest Preserve, is authorized,
with the approval of the Commissioners of the Land Office, to purchase, for the uses and purposes of
the Adirondack Park, the whole or any portion of any township or great lot within the boundaries of
the Forest Preserve, the owners of which have sustained damage by the construction of reservoirs by
the State for canal purposes, or to restore waters taken for the canals, not exceeding in all 80,000
acres, at a reasonable and fair valuation, taking into account the damages necessarily sustained by
any such owner in consequence of the acts of the State in constructing and maintaining such reser-
voir, but every such purchase shall be upon the e.xpress condition stated in the contract of purchase,
that the land owner from whom the purchase is made shall release to the State all claims for
damages to lands not purchased and owned and retained by him.

Section 2. The Treasurer shall pay, on the warrant of the Comptroller, from the money now in
the hands of the Treasurer of the State to the credit of the Forest Commission, and known as the Forest
Preserve fund, the sum of fifty thousand dollars, or so much thereof as may be necessary, and said

FISHERIES, GAME AND FORESTS. 415

sum is hereby appropriated for the purposes of this act, and the Forest Commission is authorized to
provide for the payment of the residue of such purchase price in ten equal annual installments, with
interest at the rate of three per centum per annum, payable semi-annually.
Sectio.v 3. This act shall take effect immediately.

Subsequent to the passage of tills law, the Fisheries, Game ami I'"urest Cinninissiou
recei\ed the following proposal :

To the Board of Commissioners of Fisheries, Game and Forests :

Gentlemen. — For si.\ hundred thousand dollars ($600,000) William Seward Webb and the
Ne-Ha-Sa-Ne Park .'\ssociation offers to sell to the State seventy-five thousand acres or more, being
the land represented on the map submitted herewith comprised in Townships 38, 42 and 43, Totten &
Crossfield's Purchase, and the triangle North of Township 38, T. & C. P., the East third of Township
5, John Brown's Tract, and six parcels of land in Township 8, John Brown's Tract, all in the counties
of Herkimer and Hamilton.

The lands offered to be sold are colored upon the blue print map submitted and attached hereto.

Such offer is made under the Laws of 1895, chapter 561; the deed to be a warranty deed except
as to that portion of the Northeast quarter of Township 46, T. & C. P., situated in Hamilton County,
amounting to about two thousand acres; if the title to said two thousand acres shall prove defective,
said association will refund to the State on demand the sum of $17,000. Said Webb and said associ-
ation will release the State of and from any and all claim or claims for damages to such lands so
purchased, and also from all claims for damages to such premises as may be retained or owned by
said Webb or said Association and not purchased by the State.

Said Webb and said association will permit the raising of the dam at Stillwater on the Beaver
River to the height of thirteen feet above the crest of the present dam, and in case the waters of said
Beaver River reservoir are hereafter so raised as aforesaid, the said Webb and the said association, for
themselves, their legal representatives and assigns, will release and relinquish any and all damages
that may be occasioned to any of the lands owned by said Webb and said association, or either of
them, by reason of such raising of said dam at Stillwater on the Beaver River, as aforesaid :

Excepting and reserving from the land hereby offered to be sold, the right of way of the Mohawk
and Malone Railway Company, and the easement of all legally located highways ; and, also, the
easement of highway leading from Beaver River station to the road known as the State road, leading
to Stillwater; and, also, the easement of the roadway from the said highway to Stillwater to the
Beaver River reservoir at the point known as Grassy Point on the Beaver River, which !ast roadway,
if not now a legally located highway, will be legally dedicated as such ;

Excepting, also, the merchantable soft wood upon all of the territory known as Township 8,
John Brown's Tract, and that portion of the east third of Township 5, John Brown's Tract, south of
the Beaver River, and certain portions of the southerly part of Township 42, T. & C. P., as are
covered by the four existing contracts made by and between W. S. Webb and the following named
parties, viz. ; Two contracts relating to Township 8, aforesaid, with Lemon Thompson, Edward
Thompson, Jr., and John A. Dix ; another contract to Firman Ouderkirk, and another to Moynehan
Brothers :

Reserving, also, a right of way for the removal of timber, in the usual course of lumbering, across
and over the triangle north of Township 38, for the timber remaining upon the lands not sold upon
the watershed of the Oswegatchie Ri\er.

The deed conveying the six tracts in Township No. 8, aforesaid, shall contain a covenant running
with the land, that none of the remaining land in said township belonging to the said Webb and
said association, or either of them, shall be used or sold for agricultural, manufacturing or other
purposes, except as mentioned in said Thompson contracts ; but that the same shall be used and
sold exclusively for permanent forestry, hotel, camp and cottage purposes ; and that in all deeds of
the same the said lands shall be subject to the restriction binding the purchasers thereof to a
perpetual use of such lands for such purposes, and also that said association and said Webb, or

4l6 REPORT OF THE COMMISSIONERS OF

either of them, will not sell to any individual or corporation any lake or substantially the whole of
the land under and immediately surrounding a lake in any of the portions of said township retained
by them ; but that such remaining lands in said township shall be sold by them in the same manner
and for the same purposes as lots surrounding the Fulton Chain of lakes, ns have heretofore been or
now are being sold by William Seward Webb, the intent being that they will not dispose of their
lands so as to afford any individual, or club, or association of individuals or any corporation or
corporations any opportunity to control the exclusive use of any lake in said township for a private
preserve, or the exclusive hunting or fishing privileges of any land beyond their individual camp site
or hotel site.

Reserving also to said Webb and said association the right to cut the decaying timber standing
witliin the present flowed ground of said Beaver River reservoir.

Reserving also for the benefit of the Mohawk and Malone Railway Company the right to cut and
remove trees along the east side of their right of way on Township No. 8 and clear the ground for the
sole purpose of ailording to passengers on said railroad a view from the car windows of the mountain
scenery in the valley to the east ; said cutting and clearing to be under the supervision of the
Fisheries, Game and Forest Commission and with their permission and to an extent no greater than
they sanction.

Said Webb and said association offer to cut a trail from Big Crooked Lake in Township 43 down
through the valley of the outlet of said lake to the junction of said outlet with the trail leading from
Gull Lake across the triangle north of Township 35.

Also to cut out a wagon road from Beaver River station on said road across Township 32 on lands
hereby offered to be sold, which said road shall join the road known as the State Road crossing
Township 39, said trail and road to be cut at their expense.

They further agree to furnish to the State a complete abstract of title, with official searches, down
to the date of the delivery of the deed to the State.

Deed to be delivered upon the payment by the State of $50,000 in cash, and certificates of
indebtedness, signed by the Comptroller for the balance of the purchase money. The certificates of
indebtedness to' be ten in number, and payable in ten equal annual installments, with interest thereon
at three per cent, per annum, payable semi-annually.

No timber shall be cut or removed after eight years from the date of the deed of conveyance, and
the Ouderkirk and Moynehan contracts will be ter?ninated within two years from the date hereof.
(Signed) W. SEWARD WEBB,

NE-HA-SA-NE PARK ASSOCIATION,
By Edw.'^rd M. Burns,

Attoriii-y in F,nt and Manager.

At a meeting of the Fisheries, Game and Forest Commission iiekl on December 6,
1895, the special committee appointed to consider the offer of Dr. WiUiam Seward
Webb submitted the following report :

This committee was appointed to confer with a committee from the Land Board upon the matter
of the purchase of certa'n lands offered for sale by Dr. W. S. Webb, and the settlement, through said
purchase, of damages claimed to have been done to lands affected by the Beaver River dam and
reservoir, and Fulton Chain or Moose River reservoir.

The duty of considering and acting upon the proposed purchase and settlement has come to this
Board through an act of the Legislature passed February 21, 1895, chapter 561, Laws 1895, which
was introduced and passed with special reference to Dr. Webb's case now pending in the Court of
Claims, and gives authority to the Commissioners of Fisheries, Game and Forests, with the approval
of the Commissioners of the Land Oiifice, to buy at a fair valuation lands not exceeding 80,000 acres
for the uses and purposes of the Adirondack Park and Forest preserve, and to restore waters taken

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FISHERIES, GAME AND FORESTS. -| I 7

for the canals, taking into consideration as a part of the purchase-price damages heretofore done to
other lands affected by said reservoirs, or hereafter likely to accrue from raising and maintaining said
dams or reser\'oirs.

The act was apparently intended as a means to enable the State to acquire a large body of land if
deemed best by this Commission and approved by the Land Board, and at the same time, also,
accomplish the settlement of the damage claims mentioned, and protect the State against further
clainis from the same source.

The Commissioners of Fisheries, Game and Forests have had the matter under consideration at
several regular and special meetings, and have taken such measures to inform themselves con-
cerning the matter as they could within the time allotted to its investigation.

In July the full Board with its Engineer and Superintendent of Forests and his assistants,
accompanied by representatives of the Land Board, together with all the members of the Black River
Water Commission, went to the Beaver and Moose River country for inspection of the lands offered,
and to obtain a better knowlege of the whole subject, especially as to location, values, manner and
amount of use and control of the water by the State, and by the Black River Water Commission.
And also to ascertain by personal observation the extent of the apparent damage caused by the
erection and maintenance of the State dams upon the Beaver and Moose Rivers. This examination
was made as complete and thorough as was practicable within the time expended. After this field
examination and after obtaining through our Engineer and Superintendent of Forests and others,-
facts and figures as to the condition and present values of the tracts offered, we proceeded to consider
Mr. Webb's various propositions.

None of the offers made appeared to us as desirable or advantageous to the State as one submitted
at the meeting held in connection with the Land Board, November 26th, which provides for the sale
to the State in fee simple with covenants of warranty of title 75,000 acres of timber land in Townships
5, 8, 38, 42, and 43 in Herkimer and Hamilton Counties for eight dollars per acre or $600,000, and
secures to the State as public park and forestry lands to be dedicated to the use of the public forever,
subject to park restrictions only, the balance of lands in Township 8, being about 15,000 acres. It
being understood that these last-mentioned lands shall not and cannot be sold for mechanical,
commercial or agricultural purposes. This sale, if consummated, to extinguish and cancel all claims
for damages now existing or which may hereafter accrue to the remaining lands of the grantor on
account of the Beaver River dam as it now exists or when raised fifteen feet higher than at present,
and also any damage from the construction of the State dam on the Moose River at the foot of the
Fulton chain of lakes.

We find the present condition of the lands offered to be as follows :

The soil of the whole tract is like most of the Adirondack lands in this region — thin, sandy, and
gravelly, and of little value for agricultural purposes. It is upon the headwaters of the Black and
Oswegatchie Rivers, the principal part being tributary to the Black River. The tract contains many
lakes and ponds, and is remarkable for its numerous springs and streams of various dimensions. Its
value for water storage and park purposes, game preserves, camp sites, health and pleasure resorts or
what is termed " sporting purposes," in addition to the value of the merchantable timber thereon, is
about all there is of the question of its fair and reasonable value.

Its value on account of maintaining the water supply of streams which support heavy manufac-
turing interests and in making certain requisite supply of water for canal purposes is an economical
question we do not feel called upon to discuss, but one which may be of great importance in the near
future.

As to the merits of the claim of Dr. Webb for damages or the prospect of its successful mainte-
nance this committee will not presume to express an opinion, but prefer to leave that question to the
learned Attorney- General who has had charge of the State's interest in the case from the beginning,
and is much better qualified to judge both as to the law and the facts upon which the decision of the
case will hang.

Upon the facts and premises above stated and set forth the Fisheries, Game and Forest Com-
mission has come to the conclusion to contract for the purchase of the lands before mentioned upon
^1

41 8 REPORT OF THE COMMISSIONERS OF

the terms herein stated provided the Land Board sanction and approve the same, and have directed
this committee to confer with the Comptroller, Attorney-General and State Engineer as to form and
substance of a contract to be made if the Commissioners of the Land Office concur for the purchase
of said lands described and settlement of the claim referred to.

WILLIAM R. WEED,
H. H. LYMAN,
B. H. DAVIS.
Tinted, Dtri»/di-r 6, 1895.

Upon motion of Commissioner Babcock, seconded by Commissioner Thompson,

and upon a yea and nay vote, all the commissioners voting yea, it was

Resolved, That the Commissioners of Fisheries, Game and Forests approve of the recommenda-
tion of the special committee on the purchase of lands of Dr. W. S. Webb and the Ne-Ha-Sa-Ne
Park Association.

Pursuant to law the recommendation of the Fisheries, Game and Forest Commis-
sion was transmitted to the Commissioners of the Land Office for their further
approval, without which no purchase of forest land could be made.

At a special meeting of the Commissioners of the Land L)fifice, held at the office of
the Secretary of State, on Friday, the 6th day of December, 1895, ^t '2 o'clock, M.,
there were present: John Palmer, Secretary of State; James A. Roberts, Comptroller;
Theodore E. Hancock, Attorney-General; Campbell W. Adams, State Engineer and
Surveyor; Hamilton Fish, Speaker of the Assembly. The Speaker of the Assembly
was in the chair.

The Attorney-General, chairman of the committee of the Commissioners of the
Land Office appointed to examine into and consider the question of the value of the
lands mentioned in the proposition of Dr. W. S. Webb and the Ne-Ha-Sa-Ne Park
Association, and to determine and report a proper form of contract for the purchase
of said lands, reported verbally, concurring in the report of the committee of the
Fisheries, Game and Forest Commission above set iorth.

The action of the Fisheries, Game and Forest Commission was presented for

appro\"al, whereupon the Secretary of State offered the following:

Resolved, That the Commissioners of the Land Office approve of the action of the Fisheries,
Game and Forest Commission to contract with Dr. W. S. Webb and the Ne-Ha-Sa-Ne Park
Association for the purchase of certain lands in the Forest Preserve, described in said contract, and
that the details of the contract and deeds shall be drawn under the direction of the Fisheries, Game
and Forest Commissioners and the Attorney-General, and that said contract and deeds be submitted
to the Commissioners of the Land Office at a future meeting for action.

On calling the ayes and noes the above resolution was adopted by the following
vote :

Ayes — Secretary of State, Comptroller, Attorney-General, State Engineer and Surveyor.

The Speaker of the Assembly was excused from voting.

At a meeting of the Commissioners of the Land Office, iield at the office of the
Secretary of State, on Tuesday, the 31st day of December, 1895, ^^t 10 o'clock, .\. M.,

FISHERIES, GAME AND FORESTS. 419

there were present: Charles T. Saxton, Lieutenant-Governor; John Palmer, Secretary
of State; James A. Roberts, Comptroller; Addison B. Colvin, Treasurer; Theodore E.
Hancock, Attorney-General; Campbell W. Adams, State Engineer and Surveyor.
The Secretary of State in the chair.

Pursuant to the resolution of this Board adopted December 6, 1895, the following
detailed contract and deed were presented for action :

This Agreement, made in duplicate this sixteenth day of December, in the year of our Lord one
thousand eight hundred and ninety-five, between William Seward Webb, of the City, County and
State of New York, and the Ne-ha-sa-ne Park Association, a domestic corporation, created and
organized under the laws of the State of New York, parties of the first part, and the People of the
State of New York by Barnet H. Davis, Henry H. Lyman, William R. Weed, Charles H. Babcock
and Edward Thompson, in their official capacity as Commissioners of the Board of Fisheries, Game
and Forests of the State of New York, acting by and with the approval of the Commissioners of the
Land Office of the State of New York : Witnesseth,

Whereas, The parties of the first part are the owners of the land and premises hereinafter
described situate on the watersheds of the Moose, Beaver, Oswegatchie and Bog Rivers, the same all
being within the Adirondack Park so-called ; and

Whereas, The Superintendent of Public Works of the State of New York for the purpose of
restoring waters taken for the uses of canals of this State claiming to act under and in pursuance of
Laws 1881, Chapter 336, and Laws 1892, Chapter 469, and the acts supplemental and amendatory
thereof, constructed a dam across the Beaver River at Stillwater, in the Town of Wilmurt, Herkimer
County, New York, creating thereby a large reservoir which has flooded a large tract of land now
belonging to the parties of the first part, such flooded lands being a part of the lands hereinafter
described ; and

Whereas, The said Superintendent of Public Works of the State of New York, did also
construct and build a reservoir on the middle branch of the Moose River at Old Forge, in the
Town of Wilmurt, Herkimer County, New York, which said reservoir has also flooded some of the
lands on the shores of the Fulton Chain of Lakes, in Township eight (8) of John Brown's Tract; and

Whereas, The said William Seward Webb of the first part has filed his claim with the Board of
Claims of the State of New York to recover damages occasioned by the construction of said reservoir
on the Beaver River (the said Webb as between the parties of the first part being the owner and
holder of said claim) ; and

Where.\S, The evidence in support of said claim has been given in said Board of Claims of the
State of New York on behalf of said claimant, and it being desirable that said claim be settled and
adjusted ; and

Whereas, It is desirable that the State of New York should own sufficient lands around said
Beaver River reservoir so as to permit of the same being materially increased in capacity, which
increase seems to be made necessary by the canal enlargements directed by the people of the State
of New York at the last annual election ; and

Whereas, By an Act of the Legislature of the State of New York entitled " An act to authorize
the Forest Commission to purchase lands within the boundaries of the forest preserve," which became
a law May 8, 1895, with the approval of the Governor, being Chapter 561 of the Laws of 1896, the
Forest Commission or such department of the State government as might thereafter be charged with
the care of the forest preserve, was authorized, with the approval of the Commissioners of the Land
Office, to purchase for the uses and purposes of the Adirondack Park, the whole or any portion of
any township or great lot within the boundaries of the Forest Preserve, the owners of which have
sustained damage by the construction of reservoirs by the State for canal purposes or to restore water
taken for the canals not exceeding in all eighty thousand acres, at a reasonable and fair valuation,
taking into account the damages necessarily sustained by any such owner in consequence of the acts
of the State in constructing and maintaining such reservoirs, but that every such purchase "-hould be

420 REPORT OF THE COMMISSIONERS OF

upon the express condition stated in the contract of purchase that the land owner from whom the
purchase is made should release to the State all claims for damages to lands not purchased and owned
and retained by him, said act providing that the Treasurer of the State shall pay on the warrant of
the Comptroller from the moneys now in the hands of said Treasurer to the credit of the Forest
Commission, and known as the Forest Preserve Fund, the sum of fifty thousand dollars, or so much
thereof as may be necessary, and appropriating said sum for the purposes of the act, and authorizing
such Commission to provide for the payment of the residue of such purchase price in ten equal
annual installments with interest at the rate of three per centum per annum payable semi-annually ;
and

Whereas, In pursuance of another act of the Legislature aforesaid, entitled " An Act to amend
the game law and to repeal Chapter 332 of the Laws of 1893, entitled ' An act in relation to the
forest preserve and Adirondack Park,' " constituting articles 6 and 7 of Chapter 43 of the General Laws,
which became a law April 25, 1895, with the approval of the Governor, being Chapter 395 of the
Laws of 1895, the said Barnet H. Davis, Henry H. Lyman, William R. Weed, Charles H. Babcock
and Edward Thompson of the second part were, by the Governor of the State of New York, under
said Laws of 1895, Chapter 395, duly appointed as Commissioners of the Board of Fisheries, Game
and Forests, and succeeded to all the rights, powers and duties of said Forest Commission ; and said
Board of Commissioners of Fisheries, Game and Forests thereby became charged with the care of the
Forest Preserv'e and became vested with authority to contract for the purchase of lands within the
bounds of the Adirondack Park, and under the provisions of Chapter 561, Laws 1895, to purchase,
with the approval of the Commissioners of the Land Office, the lands hereinafter described ; and

Whereas, The premises hereinafter described form portions of townships or great lots, within
the boundaries of the Forest Preserve, the owners of which have sustained damage by the construction
of reservoirs as aforesaid ;

Now Therefore, in consideration of the premises and the sum of fifty thousand dollars ($50,000)
to be paid to the parties of the first part by the Treasurer of the State of New York upon the warrant
of the Comptroller of the State of New York from the moneys now in the hands of the Treasurer of
the State of New York to the credit of the Forest Commission and known as the Forest Preserve Fund,
upon the 29th day of January, 1896, and of the sum of five hundred and fifty thousand dollars
($550,000) to be paid as hereinafter provided, this agreement, made pursuant to Laws 1895, Chapter

561, WITNESSETH :

First. — The said parties of the first part agree to sell and convey to the People of the State of New
York and the party of the second part agrees to purchase for the sum of six hundred thousand dollars
($600,000), to be paid as hereinafter provided, the following lands and parcels of lands situate in the
Adirondack Park, so-called, in the Town of Long Lake, Hamilton County, New York, and in the
Town of Wilmurt, Herkimer County, New York, amounting to seventy-five thousand (75,000) acres
or more subject to the following exceptions and reservations. Said lands so agreed to be sold and
purchased are described as follows :

First Parcel. — All that piece or parcel of land situate in the north-east and north-west quarters of
Township Number thirty-eight (38) Totten & Crossfield's Purchase, situate in the Towns of Long
Lake, Hamilton County, and Wilmurt, Herkimer County, New York, bounded and described as
follows: Beginning on the north line of Township thirty-eight (38) Totten & Crossfield's Purchase
at the south-easterly corner of Lot Number twenty-nine (29) in the triangle north of said Township
number thirty-eight (38) ; thence easterly along the northerly line of said Township number thirty-
eight (38), four hundred and ten and seventy-seven hundredths (410.77) chains to the south-east
corner of said triangle north of Township thirty-eight (38) which is a hemlock tree ; thence south
eighty-six (86) degrees, east seven and sixty-five hundredths (7.65) chains to a cedar post on the east
line of said Township thirty-eight (38) and the westerly line of Township thirty-seven (37) ; thence
southerly along the line between said Townships thirty-seven (37) and thirty-eight (38), one hundred
and seventy-two (172) chains more or less to the north-east corner of a small tract of land
surrounding the west end of Bog Lake heretofore sold and conveyed by said William Seward Webb -
to Charles A. Tatum and Edmund C. Converse; thence westerly at right angles to said township

FISHERIES, GAME AND FORESTS. 42 I

line and along the north line of saici last mentioned small tract forty-five (45) chains to the north-
westerly corner of said last mentioned small tract so sold and conveyed to said Tatum and Converse ;
thence forty (40) degrees and fifteen (15) minutes to the right, one hundred and twenty (120) chains ;
thence thirty-three (33) degrees to the left, one hundred and three (103) chains to the line between
the east half and west half of Township thirty-eight (38) at a point ninety (90) chains southerly on
said line from the north line of said Township; thence twenty (20) degrees and fifteen (15) minutes to
the right, one hundred and ninety-nine (199) chains to the place of beginning, containing three
thousand eight hundred and fourteen (3,814) acres.

Second Parcel. — All cf the triangle north of Township thirty-eight (38) Totten & Crossfield's
Purchase, situate in the Town of Long Lake, Hamilton County, New York, and Town of Wilmurt,
Herkimer County, New York, excepting therefrom lot number (28) which contains one hundred and
forty (140) acres of land more or less, making the amount hereby conveyed seven thousand two
hundred and six (7,206) acres.

Third Parcel. — All of Township forty-three (43) Totten & Crossfield's Purchase, Town of
Wilmurt, Herkimer County, New York, e.\cepting therefrom and reserving lot number sixty-nine
(69) containing one hundred ninety-seven and four-tenths ( 197.4) acres; lot number seventy (70)
containing one hundred fifty and four-tenths ( 150.4) acres ; lot number seventy-one (71) contain-
ing one hundred fifty and four-tenths (150.4) acres ; lot number seventy-two (72) containing one
hundred ninety-seven and four-tenths (197.4) acres; lot number eighty-nine (89) containing one
hundred ninety-seven and four-tenths (197.4) acres; lot number ninety (90) containing one hundred
fifty and four-tenths ('50.4) acres ; lot number ninety-one (91) containing one hundred and forty and
eight-tenths (140.8) acres; lot number ninety-two (92) containing one hundred eighty-four and
eight-tenths (184.8) acres; lot number one hundred and one (loi) containing one hundred forty and
eight-tenths (140.8) acres ; lot number one hundred two (102) containing one hundred eighty-four
and eight-tenths (184.8) acres ; lot number one hundred three (103) containing one hundred eighty-
four and eight-tenths (184.8) acres; lot number one hundred seventeen (117) c<'ntaining one
hundred ninety-six and eight-tenths (196.8) acres ; lot number one hundred eighteen (i 18) contain-
ing one hundred ninety-six and eight-tenths (196.8) acres ; lot number one hundred nineteen (i 19)
containing one hundred ninety-six and eight-tenths ( 196.8) acres ; lot number one hundred twenty
(120) containing one hundred forty-eight and eight-tenths (148.8) acres ; and that part of lot number
one hundred four (104) lying east of a line beginning at the north-east corner of lot one hundred
sixteen (1 16) in said tow-nship and running northerly and parallel to the west line of said lot number
one hundred and four (104) to the north line of said lot number one hundred four (104), the part
of said lot number one hundred four (104) hereby excepted containing one hundred and seventy-
one and six-tenths (171. 6) acres more or less. The whole of said township contains twenty-five
thousand one hundred and eighty-eight and thirteen hundredths (25,188.13) acres; the portion
herein excepted and reserved contains two thousand seven hundred ninety and two-tenths (2,790.2)
acres, and the part hereby agreed to be conveyed contains twenty-two thousand three hundred and
ninety-seven and ninety-three hundredths (22,397.93) acres.

Fourth Parcel. — All of Township forty-two (42) Totten & Crossfield's Purchase, situated in the
town of Wilmurt, Herkimer County, and in the Town of Long Lake, Hamilton County, New York,
excepting and reserving: Lot number seven (7) containing two hundred twenty-five and five-tenths
(225.5) acres ; lot number eight (8) containing two hundred twenty-five and five-tenths (225.5) acres ;
lot number nine (9) containing two hundred twenty-five and five-tenths (225.5) acres; lot number ten
(10) containing one hundred seventy and five-tenths (170.5) acres ; lot number eleven (11) containing
one hundred seventy and five-tenths (170.5) acres; lot number twelve (12) containing two hundred
twenty-five and five-tenths (225.5) acres; lot number thirteen (13) containing two hundred twenty-
five and five-tenths (225.5) acres ; lot number fourteen (14) containing two hundred twenty-five and
five-tenths (225.5) acres; lot number twenty-five (25) containing one hundred ninety-six and eight-
tenths (196.8) acres; lot number twenty-six (26) containing one hundred ninety-six and eight-tenths
(196.8) acres; lot number twenty-seven (27) containing one hundred ninety-six and eight-tenths
(196.8) acres; lot number twenty-eight (28) containing one hundred nmety-six and eight-tenths

422 REPORT OF THE COMMISSIONERS OF

(196.8) acres; lot number twenty-nine (29) containing one hundred ninety-six and eight-tenths
(196.8) acres; lot number thirty (30) containing one hundred forty-eight and eight-tenths (148.8)
acres: lot number thirty-one (31) containing one hundred forty-eight and eight- tenths (148.8) acres;
lot number thirty-two (32) containing one hundred ninety-six and eight-tenths (196.8) acres; lot
number thirty-three (33) containing one hundred ninety-six and eight-tenths (196.8) acres; lot
number thirty-four (34) containing one hundred ninety-six and eight-tenths (196.8) acres; lot number
thirty-five (35) containing one hundred ninety-six and eight-tenths (196.8) acres: lot number thirty-
six (36) containing one hundred ninety-six and eight-tenths (196.8) acres; lot number forty-six (46)
containing one hundred ninety-six and eight-tenths (196.8) acres; lot number forty-seven (47) con-
taining one hundred ninety-six and eight-tenths (196.8) acres ; lot number forty-eight (48) containing
one hundred ninety-six and eight-tenths (196.8) acres; lot number forty-nine (49) containing one
hundred ninety-six and eight-tenths (196.8) acres; lot number fifty (50) containing one hundred
forty-eight and eight-tenths (148.8) acres; lot number fifty-one (51) containing one hundred eighty-
two and four-tenths (182.4) acres; lot number fifty-seven (57) containing one hundred ninety-six and
eight-tenths (196.8) acres; lot number fifty-eight (58) containing one hundred ninety-six and eight-
tenths (196.8) acres; lot number fifty-nine (59) containing one hundred ninety-six and eight-tenths
(196.8) acres ; lot number sixty (60) containing one hundred ninety-one and eight- tenths (191.8) acres;
lot number sixty-one (61) containing one hundred ninety-six and eight-tenths (196.8) acres; lot
number sixty-two (62) containing one hundred ninety-six and eight-tenths (196.8) acres ; lot number
sixty-three (63) containing one hundred ninety-six and eight-tenths (196.8) acres; lot number sixty-
four (64) containing one hundred ninety-six and eight-tenths (196.8) acres ; lot number seventy-seven
(77) containing one hundred ninety-six and eight-tenths (196.8) acres ; lot number seventy-eight (78)
containing one hundred ninety-six and eight-tenths (196.8) acres ; lot number seventy-nine (79) con-
taining one hundred ninety-six and eight-tenths (196.8) acres ; lot number eighty (80) containing one
hundred ninety-six and eight-tenths (196.8) acres; lot number eighty-one (81) containing one
hundred ninety-six and eight-tenths (196.8) acres; lot number eighty-two (82) containing one
hundred ninety-six and eight-tenths (196.8) acres; lot number eighty-three (83) containing one
hundred ninety-six and eight-tenths (196.8) acres; lot number eighty-four (84) containing one
hundred ninety-six and eight-tenths (196.8) acres; lot number one hundred and twenty-one (121)
containing one hundred sixty-eight (168) acres; lot number one hundred twenty-two (122) containing
one hundred sixty-eight (168) acres; lot number one hundred twenty-four (124) containing one
hundred sixty-eight (168) acres; lot number one hundred twenty-five (125) containing one hundred
sixty-eight (168) acres; lot number one hundred twenty-six (126) containing one hundred sixty-eight
(168) acres; and lot number one hundred twenty-seven (127) containing one hundred fifty (150)
acres. Also excepting and reser\'ing that part of lot number forty-five (45) beginning at the south-
east corner thereof ; thence northerly along the easterly bounds thereof to the north-east corner of
said lot ; thence westerly along the northerly bounds thereof to the northwest corner of said lot;
thence southerly along the westerly bounds of said lot to a point thirty (30) chains northerly from the
south-west corner of said lot on the said westerly line thereof; thence south-easterly to a point twenty
(20) chains northerly from the south line of said lot on a line running parallel with the westerly line
of said lot and at a distance of thirty (30) chains easterly therefrom ; thence southerly and parallel
with the west line of said lot twenty (20) chains to the south line of said lot ; thence easterly along the
said south line to the place of beginning, containing one hundred twenty-one and eight-tenths (121.8)
acres. Also excepting and reserving all that portion of lot number fifty-five (55) lying north of the
right of way of the Mohawk and Malone Railway and east of a line running at right angles to the
northerly line of said lot, and thirty (30) chains easterly from the west line of said lot, containing six
(6) acres. Also excepting and reserving all that portion of lot number fifty-six {56) lying north of the
right of way of said Mohawk and Malone Railway Company containing thirty-nine (39) acres. The
whole of said Township forty- two (42) contains twenty-four thousand nine hundred and twelve
(24,912) acres according to Richards' field notes and survey filed in the Secretary of State's office at
Albany. The parts hereby excepted and reserved contain nine thousand four hundred ten and si.x-
tenths (9,410.61 acres including thirty-two (32) acres of the right of way of the M. & M Ry.,

fisiip:ries, game and forests. 423

according to the same authority and actual measurements of the parts of lots where parts of lots are
hereinbefore described and the part hereby agreed to be conveyed contains fifteen thousand five
hundred one and four-tenths (15,501.4) acres.

Fifth Parcel. — All of the east third of Township five (5), John Brown's Tract, Town of Wilmurt,
Herkimer County, State of New York, bounded and described as follows : Bounded on the north
and south by the north and south lines of said Township five (5) ; easterly by the west line of Totten
& Crossfield's Purchase, and westerly by the easterly bounds of a tract of nine thousand six
hundred (9,600) acres, surveyed and set off to Lyman R. Lyon in 1876, in an action of partition
wherein said Lyon was plaintiff and the Adirondack Company defendant, which said partition deed
was recorded in the office of the Clerk of Herkimer County in Book 98 of Deeds, at page 567, to
which reference is hereby made. The said east third of Township five (5) containing eleven
thousand two hundred and fifty acres of land, more or less. Excepting and reserving therefrom the
following described parcel of land, viz. : A piece of land beginning at the north-westerly corner of
lot fifty-one (51), in Township forty-two (42), Totten & Crossfield's Purchase; thence south sixty-
three (63) degrees west ten (10) chains; thence southeasterly parallel to the westerly line of
Township forty-two (42) forty-eight (48) chains to a point ten (10) chains westerly of the south-west
corner of said lot number fifty-one (5 1), continuing thence north sixty-three (63) degrees east ten
(10) chains to the south-west corner of said lot fifty-one (51) in said Township forty-two (42); thence
northerly along the westerly line of said lot fifty-one (51) forty-eight (48) chains to the place of
beginning, containing forty-eight (48) acres of land.

Sixth Parcel. — All of the following parts of Township eight (8), John Brown's Tract, situate in
the Town of Wilmurt, Herkimer County, New York, and in the Town of Morehouse, Hamilton
County, New York, bounded and described as follows :

Parcel A : Beginning at the north-west corner of Township eight (8) John Brown's Tract ; thence
easterly along the north line of said Township eight (8) John Brown's Tract to the north-east corner
of said township ; thence south-easterly along the easterly line of said township to the intersection of
a line run parallel to the northerly line of said township and at a distance therefrom seventy (70)
chains measured on a right angle line from said northerly line of said Township eight (8) ; thence
westerly on said parallel line sixty-eight (68) chains ; thence south-westerly to the west line of said
township two hundred six (206) chains to a point one hundred sixty (160) chains measured on said
westerly line from the north-west corner of said township ; thence northerly along the township line to
the place of beginning, containing two thousand four hundred fifty-three (2,453) acres of land after
deducting the right of way of the Mohawk and Malone Railway Company.

Parcel B : Beginning at the east line of Township number eight (8) at a point twenty-five (25)
chains south-easterly from the south-west corner of township number forty-two (42) ; thence south-
easterly seventy-five (75) chains along said east line of township eight (8) ; thence south-westerly at
right angles with said township line, two hundred thirty-five (235) chains; thence north-westerly
parallel to the said township eight (8) east line seventy-five (75) chains ; thence north-easterly at right
angles with the said township eight (8) line, two hundred and thirty-five (235) chains to the place of
beginning, containing one thousand seven hundred and sixty-two and five-tenths (1,762.5) acres.

Parcel C: Beginning at the east line of township number eight (8) at a point thirty-five (35)
chains south-easterly from the south shore of Big Moose Lake at high-water mark ; thence south-
easterly along the said township eight (8) line two hundred five (205) chains; thence to the right,
one hundred four (104) degrees, thirty (30) minutes, one hundred and eighty-two (182) chains;
thence to the right ninety-six (96) degrees and fifteen (15) minutes one hundred seventy-two (172)
chains to a point where a line run at right angles to the said township eight (8) east line from the
place of beginning would intersect the last course ; thence along the said line one hundred fifteen
(115) chains to the place of beginning, containing two thousand seven hundred twelve (2,712) acres.

Parcel D : Beginning on the westerly line of Township eight (8) at a point seventy-three (73)
chains southerly from the south-east corner of Township number six (6) John Brown's Tract ; thence
northerly one hundred ninety-three (193) chains more or less to the south boundary of the right of
way of the Mohawk and Malone Railway; thence north-easterly along said south boundary of the said

424 REPORT OF THE COMMISSIONERS OF

right of way to a line located at right angles with the westerly line of said Township, which line if
projected would intersect the west line of the said Township eight (S) one hundred ninety-seven (197)
chains northerly from the south-east corner of said Township number six (6) John Brown's Tract ;
thence easterly on said line eighty (80) chains from said boundary of said right of way of said railway ;
thence southerly at right angles to the last-mentioned line, twenty-one (21) chains; thence easterly
and at right angles to the said Township line eighty-four (84) chains ; thence to the left thirty-one
(31) degrees and thirty minutes, thirty-two (32) chains; thence to the right one hundred ten (no)
degrees and thirty (30) minutes, forty-one (41) chains; thence to the right sixty-nine (69) degrees,
one hundred six (106) chains; thence to theleft eighteen (18) degrees and thirty (30) minutes, one
hundred sixty-two (162) chains ; thence to the right eighteen (18) degrees and thirty (30) minutes
ninety-two (92) chains to the place of beginning, containing three thousand seven hundred and fifty-
three (3,753) acres.

Parcel E : Beginning at a point on the west line of said Township number eight (8) one hundred
thirty- three (133) chains southerly from the south-east corner of said Township number six (6);
thence to the right fifty-nine (59) degrees one hundred twenty (120) chains; thence to the left
eighteen (18) degrees and thirty (30) minutes one hundred eighty-six (186) chains and fifty (50)
links; thence to the right and parallel to the west line of Township eight (8) one hundred sixty-three
(163) chains to the north-east corner of lot number two hundred six (206) of the Fulton Chain
allotment ; thence along the rear line of said allotment and the rear line of lands of Robert Perrie and
Charles Barrett and Mary Sprague to the west line of said Township eight (8) ; thence northerly along
the west line of said Township eight (8) one hundred twenty-six (126) chains to the place of beginning,
containing two thousand four hundred and sixty-eight (2,468) acres.

Parcel F : Being all that parcel of land south of the Fulton Chain allotment in said Township
number eight (8) containing two thousand one hundred and forty-one (2,141) acres. Said allotment
is shown upon a map and survey made by David C. Wood and filed in the office of the clerk of
Herkimer County on the 30th day of August, 1893, to which reference is hereby made.

A recapitulation of the above described -parcels of land herein agreed to be conveyed show the
acreage of each parcel and the total of all parcels to be as follows :

In Township 43. .

In Township 42, .......

In Township 5 after deducting also R. R. right of way.
In Township 38, .......

In Triangle north of Town 38, ....

In Township Number 8, Parcel A, . . .

In Township Number 8, Parcel B, . . .

In Township Number 8, Parcel C, . . .

In Township Number 8, Parcel D, . . .

In Township Number 8, Parcel E, . . .

In Township Number 8, Parcel F, ...

Total conveyed, ....

22,397 acres
15,501 acres
1 1, 170 acres
3,814 acres
7,206 acres
2,453 acres
1,762 acres
2,712 acres
3,753 acres
2,468 acres
2,141 acres

$75>377 acres

It is expressly agreed and understood that the said above described land is subject to the following
exceptions and reservations, viz. :

First Exception and Reservation. — Excepting therefrom the right of way of the Mohawk and
Malone Railway Company wherever the same is located across, along and upon any of the lands
above described as the same is located by maps of the route and profile of the St. Lawrence and
Adirondack Railroad Company heretofore filed in the offices of the clerk of Herkimer County and of
the clerk of Hamilton County, to which reference is hereby made, the said St. Lawrence and
Adirondack Railroad Company having been heretofore consolidated under the laws of the State of
New York with other railroad companies, forming thereby the Mohawk and Malone Railway
Company ; and excepting and reserving also, for the benefit of the said Mohawk and Malone Railway

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FISHERIES, GAME AND FORESTS. 425

Company, the right to cut out and remove trees along the east side of the said right of way on Town-
ship eight John Brown's Tract, and clear the ground for the sole purpose of affording to passengers
on said railway a view from car windows of the mountain scenery in the valleys to the east, said
cutting and clearing to be under the supervision of the Board of Fisheries, Game and Forests, and
with their permission, and to no greater an extent than they sanction. Reserving also to the said
Mohawk and Malone Railway Company the right to cut and remove any trees that may stand upon
the lands above agreed to be conveyed along the right of way of said railway, which are likely to fall
or be blown upon the tracks of the said Railway Company. And excepting and reserving also the
easement of all located highways across, along or upon said land, and also the easement of the
highway leading from Beaver River Station on the Mohawk and Malone Railway to the road known
as the State Road leading to Stillwater ; and also the easement of the roadway from the said highway
to Stillwater, to the Beaver River reservoir, to the point known as Grassy Point, on the Beaver
River, and also the easement of a projected highway across Township eight from Racquette Lake to
Clearwater, and also the easement of a projected highway around the Fulton Chain of Lakes from
Old Forge to the upper end of Fourth Lake.

Second Exception and Reservation. — It is also expressly agreed and understood that all of the
merchantable soft wood sawing timber standing or being upon Township eight (8) John Brown's
Tract, is reserved together with the right of removing the same in the usual course of lumbering
operations, doing no unnecessary damage. The manner in which said sawing timber is to be
removed is contained in contracts between the parties of the first part and Lemon Thomson, John
A. Dix and Edward Thomson, Jr., and Firman Ouderkirk, copies of which are hereto annexed
marked respectively B, C, and D, and the same form a part of this contract the same as if here set
forth in full.

It is expressly understood and agreed that no softwood sawing timber is to be cut from said Town-
ship eight (8) under said contracts hereto attached after eight years from the first day of January,
1896. It being understood, however, that this stipulation does not prevent the removal of any
timber previously cut under said annexed contracts upon said Township eight (8) for one year after
the expiration of said eight years.

Third Exception and Reservation. — It is also expressly agreed and understood that all the
merchantable soft wood sawing timber is also reserved upon all the territory upon the east third of
Township five (5) south of the Beaver River, together with the right of removing such timber in the
usual course of lumbering, doing no unnecessary damage. The said merchantable softwood sawing
timber now being under contract for the removal thereof with one Firman Ouderkirk, which said con-
tract is dated the 2istday of October, 1893, a copy of which is annexed hereto marked "D," and the
same forms a part of this contract as if here set forth in full. It is covenanted and agreed by the
parties of the first part that all lumbering operations under the said Ouderkirk contract, upon the
lands above agreed to be sold and conveyed, are to cease on or before the first day of January, 1898.

Fourth Exception and Rese>vation.—\i is also agreed and understood that the softwood sawing
timber is reserved upon the following lots in Township forty-two (42), Totten & Crossfield's Pur-
chase, viz., as are south of the Beaver River: Lots thirty-nine (39), forty (40), forty-one (41), forty-
two (42), forty-three (43), forty-four (44), forty-five (45), fifty-two (52), fifty-three (53), fifty-four
(54), fifly-five (55), fifty-six (56), sixty-five (65), sixty-six (66), sixty-seven (67), si.xty-eight (68),
sixty-nine (69), seventy (70), -seventy-one (71), seventy-two (72), seventy-three (73), seventy-four
(74), seventy-five (75), seventy-six (76), eighty-five (85), eighty-six (86), eighty-seven (87), eighty-
eight (88), eighty-nine (89), ninety (90), ninety-one (91), ninety-two (92), ninety-three (93), ninety-
four (94), ninety-five (95), ninety-six (96), one hundred five (105), one hundred six (106), one
hundred seven (107), one hundred eight (108), one hundred nine (109), one hundred ten (no), one
hundred eleven (ill), one hundred twelve (112), one hundred thirteen (113), one hundred fourteen
(i 14), one hundred fifteen (115), one hundred sixteen (1 16).

The merchantable softwood sawing timber upon so much of the said lots in Township forty-two
^42) Totten & Crossfield's Purchase, which is south of the Beaver River, is under contract for the
removal thereof with the said Firman Ouderkirk and with Patrick and Dennis Moynehan, constitut-

426 REPORT OF THE COMMISSIONERS OF

ing the firm of " Moynehan Brothers " ; a copy of said contract between the parties of the first part
and said Moynehan Brothers is hereto annexed, marked " E," and forms a part of this contract.

Fifth Exception and Reservation. — It is also agreed and understood that a right of way is
reserved for the removal of the timber on the water-shed of the Oswegatchie River remaining upon the
lands of the parties of the first part not herein agreed to be conveyed, such right of way to be across
and over the triangle north of Township thirty-eight (38), Totten & Crossfield's Purchase, and
Township thirty-eight (38), Totten & Crossfield's Purchase, to be by roadways only.

Sixtli Exception and Reservation. — Reserving also a right of way for teams, wagons and vehicles
where now used from the railway stations at Beaver River and Little Rapids on the Mohawk and
Malone Railway and over said lands hereinbefore agreed to be sold and conveyed to Township thirty-
nine (39), Totten & Crossfield's Purchase, for the use of the owners of said Township thirty-nine
(39), Totten cS: Crossfield's Purchase.

Seventh Exception and Reservation. — It is expressly agreed and understood that the right is
reserved to said Webb to cut and remove any of the decaying timber now standing within the present
or enlarged flow ground of the said Beaver River reservoir upon the lands above conveyed.

Second. — For a valuable consideration to them duly paid, the parties of the first part covenant and
agree that none of the remaining lands in Township eight (8) belonging to the said parties of the
first part, or either of them, which have heretofore not been contracted to be sold, shall be used or
sold for commercial, agricultural, manufacturing or other purposes, except as mentioned in the said
Thomson contracts, but the same shall by the parties of the first part be used and sold exclusively for
permanent forestry, hotel, camp and cottage purposes, and that in all deeds of the same from the
parties of the first part or either of them, their heirs, successors or assigns, the said lands shall be
subject to the restriction binding the purchaser thereof, his heirs and assigns to a perpetual use of
said lands for permenent forestry, hotel, camp and cottage purposes. It being understood and
agreed that the persons with whom contracts are now outstanding for the sale of lands in said Town-
ship eight (8) are John B. Ehrehart, all that part thereof situate west of the railway of the Mohawk
and Malone Railway Company ; D. B. Sperry, one hundred and five (105) acres, five (5) acres situate
near the Big Moose Station, so-called, and the remaining one hundred (100) acres near Eagle Bay
adjoining the Fulton Chain allotment; Mary Ann Powers, lots one (i) and two (2); and Mary
Sprague, ten acres near the Fulton Chain of Lakes.

It is also for a valuable consideration further agreed that said parties of the first part, or cither of
them, will not sell to any individual or corporation any lake or substantially the whole of the land
under water and immediately surrounding a lake in any of the portions of said Township eight
retained by them, but that such remaining lands in Township eight shall be sold by the parties of the
first part at such times as they may elect in the same manner and for the same purposes as lands
surrounding the Fulton Chain of Lakes have heretofore been or now are being sold by said W. S.
Webb, of the first part. The intent being that the parties of the first part will not dispose of their
lands in said Township eight (8) so as to afford any individual or club, or association of individuals or
any corporation or corporations an opportunity to control the exclusive use of any lake in said
Township eight (8) for a private preserve, or the exclusive hunting or fishing privileges of any lands
beyond their individual camp site or hotel site. It bring agreed and understood that no camp site
sold shall exceed twenty-five acres inanuunt and that no hotel site shall exceed two hundred and
fifty acres in amount. It is further promised, understood and agreed that the public shall have the
unrestricted right to hunt and fish upon all of the lands in said Township eight (8) which have not
heretofore been sold or which in the future may not be sold for camp sites or hotel sites ; it being
expressly agreed and understood that this huntmg and fishing privilege shall not apply to any camp
or hotel sites that the parties of the first part, or either of them, their heirs or assigns have heretofore
sold or hereafter may sell or convey.

It is expressly agreed and understood that the parties of , the first part, their heirs or assigns do not
relinquish or release the right to use any present established ways, highways, trails or ways of com-

FISHERIES, GAME AND FORESTS. 407

munication by land or by water from or to any of their lands in said Township eight (8) ; it being
expressly agreed and understood that the parties of the first part, their heirs and assigns shall have the
same highway rights of every kind or nature or means of communication upon, across or over said
Township eight (8) the same as if the agreement and the deed to be given hereunder had not been
made or executed. It is also agreed and understood that all trails and ways of communication of
every kind or nature by land or by water across and over the said lands in Township eight (8) belong-
ing to the parties of the first part not heretofore sold or contracted to be sold shall forever remain
open and free to the People of the State of New York.

Third. — The parties of the first part, for the consideration herein expressed, jointly and severally
agree to release and relinquish to the State and the people of the State of New York any and all
claims for damages against the State of New York or any officer or person acting by its authority to
lands not purchased and owned and retained by the said Webb and Ne-ha-sa-ne Park Association,
and particularly all claims for damages which they, or either of them, have sustained by reason of
the construction by the State of New York of the present reservoirs upon the Beaver River at Still-
water and upon the Middle Branch of the Moose River at Old Forge, both in the Town of Wilmurt,
Herkimer County, New York, and to discontinue and withdraw from the Board of Claims the afore-
said claim now pending on behalf of said William Seward Webb, such discontinuance and withdrawal
to be without costs as against cither party.

And the parties of the first part also jointly and severally agree that the People of the State of
New York, acting by and through their proper or official agents or their legal representatives by
whatsoever name known or designated, may, so far as the parties of the first part, their legal repre-
sentatives, heirs, successors or assigns are concerned, at any time hereafter raise the said dam at Still-
water on the Beaver River to the height of thirteen feet above the crest of the present dam ; and in
case said dam at Stillwater is raised to the height of thirteen feet above the crest of the present dam
the said parties of the first part jointly and severally for themselves, their legal representatives,
successors and assigns agree to release and relinquish any and all claims for damages that may be
occasioned to any lands owned by the parties of the first part or either of them by reason of such
raising of said dam at Stillwater on the Beaver River thirteen feet above the crest of the present dam.
It being expressly agreed and understood that it is not intended hereby to release any damages that
may be occasioned to any of the remaining lands of the parties of the first part or either of them by
the raising of the said Beaver River reservoir more than thirteen feet above the crest of the present
dam at Stillwater.

Fourth. — It is also agreed and understood that the deed of conveyance above provided for shall
contain a covenant of warranty on the part of the parties of the first part warranting and defending
the parties of the second part in the quiet and peaceable possession of all of the lands herein agreed
to be conveyed as against any person or persons lawfully claiming the same or any part thereof,
except as follows :

(1) Excepting all highways that may be now located across or over a>ny of the lands herein
agreed to be conveyed as to which said highways said covenant of "warranty shall not apply.

(2) Except as to all tax sales, tax deeds or tax titles which may originate from the non-payment
of taxes levied after the first day of January, 1896, as to which said taxes, tax deeds, tax sales or tax
titles this covenant of warranty does not apply.

(3) It is expressly understood and agreed that this covenant of warranty shall not apply to a tract
of land now in the lawful possession of the party of the first part (the Ne-ha-sa-ne Park Association)
containing about two thousand (2,000) acres of land and described as follows : All that tract of land
in the north-east quarter of Township thirty-eight (38), Totten & Crossfield's Purchase, situate in
the town of Long Lake, Hamilton County, N, Y., bounded and described as follows: Beginning at
a point on the north line of Township thirty-eight, Totten & Crossfield's Purchase, one hundred and
twenty-five (125) chains easterly from the north-west corner of the north-east quarter of said
township ; thence easterly along the northerly line of said township one hundred seven and fifty
hundredths (107.50) chains more or less to the south-east corner of the triangle north of Township

428 REPORT OF THE COMMISSIONERS OF

thirty-eight which is a hemlock tree. Thence south eighty-six degrees east seven and sixty-five
hundredths (7.65) chains to a cedar post on the east Hne of said Township thirty-eight and west line
of Township thirty-seven (37) ; thence southerly along the line between said Townships thirty-seven
and thirty-eight one hundred seventy-tttX) chains more or less to the north-east corner of a small tract
of land surrounding the west end of Bog Lake heretofore sold and conveyed by said William Seward
Webb to Charles A. Tatum and Edmund C. Converse ; thence westerly at right angles to said
Township thirty-eight line and along the north line of said last mentioned small tract forty-five (45)
chains to the north-westerly corner of said last mentioned small tract so sold and conveyed to said
Tatum and Converse; thence forty (40) degrees fifteen (15) minutes to the right, one hundred
twenty (120) chains ; thence thirty-three {33) degrees to the left one hundred three (103) chains to
the line between the east one-half and the west one-half of said township thirty-eight ; thence north-
erly along said last mentioned line ten chains to a point eighty (80) chains south on said line from
the north-west corner of the north-east quarter of said Township thirty-eight ; thence east, parallel
with the north line of said Township, one hundred twenty-five (125) chains; thence north at right
angles to the last mentioned line eighty (80) chains to the place of beginning containing two thousand
fourteen (2,014) acres. But in case the title of said Association in said parcel of land shall be
defective, then for value received the parties of the first part covenant and agree to pay to the People
of the State of New York the sum of seventeen thousand ($17,000) dollars upon demand duly made
of said first parties by said parties of the second part through their duly authorized oiificers or agents.

Fifth. — The party of the second part in consideration of the premises agrees to pay the parties of
the first part the sum of six hundred thousand dollars ($600,000) for the aforesaid deed and release,
which said sum of six hundred thousand dollars ($600,000) is to be paid as follows, viz.: Fifty thousand
dollars ($50,000) is to be paid upon the execution and delivery by the parties of the first part to the
party of the second part of the deed and release herein provided for on or before the 29th day of
January, 1896, and the remaining five hundred fifty thousand dollars ($550,000) is to be paid in ten
equal annual installments of fifty-five thousand dollars ($55,000), each one of which said installments
is to be paid at the end of each and every year from the 29th day of January, 1896, with interest at
the rate of three per cent, per annum, payable semi-annually, the payment of which said sum of five
hundred fifty thousand dollars ($550,000) the said Commissioners of the Board of Fisheries, Game
and Forests of the State of New York were authorized to provide for in said Chapter 561, Laws 1895,
and pursuant thereto the said Commissioners of the Board of Fisheries, Game and Forests of the
State of New York authorize and direct the Comptroller of the State of New York to issue ten certifi-
cates of indebtedness under his official hand and seal for the remaning five hundred fifty thousand
dollars, each of said certificates of indebtedness being for the principal sum of fifty-five thousand
dollars with interest at the rate of three per cent, per annum payable semi-annually, said certificates
of indebtedness to be consecutively numbered from one to ten both inclusive and dated as of the 29th
day of January, 1896, as herein provided for; said certificate Number One is to be due and payable as
aforesaid one year from the date thereof with interest at the rate of three per cent, per annum payable
semi-annually ; said certificate Number Two to be due and payable as aforesaid two years from the
date thereof with interest at the rate of three per cent, per annum, payable seini-annually ; said
certificate Number Three is to be due and payable as aforesaid three years from the date thereof, with
interest at the rate of three per cent, per annum, payable semi-annually; said certificate Number
Four is to be due and payable as aforesaid four years from the date thereof, with interest at the rate
of three per cent, per annum, payable semi-annualy ; said certificate Number Five is to be due and
payable as aforesaid five years from the date thereof, with interest at the rate of three per cent, per
annum, payable semi-annually ; said certificate Number Six is to be due and payable as aforesaid six
years from the date thereof, with interest at the rate of three per cent, per annum, payable semi-
annually ; said certificate Number Seven is to be due and payable as aforesaid seven years from the
date thereof, with interest at the rate of three per cent, per annum, payable semi-annually ; said
certificate Number Eight is to be due and payable as aforesaid eight years from the date thereof, with
interest at the rate of three per cent, per annum, payable semi-annually ; said certificate Number

I-ISIIERIES, GAME A\D FORESTS. 429

1
Nine is to be due and payable as aforesaid nine years from the date thereof, with interest at the rate
of three per cent, per annum, payable semi-annually ; said certificate Number Ten is to be due and
payable as aforesaid ten years from date thereof, with interest at three per cent, per annum, payable
semi-annually.

Annexed hereto marked " A " and forming a part of this contract the same as if here set forth in
full, is a form of said certificate of indebtedness, authorized and approved of by the parties of the
second part.

It is expressly agreed and understood that said certificate shall be made payable to the said
William Seward Webb, or his order, and all payments or certificates so issued to the said William
Seward Webb, or his order, shall be deemed to be a payment to said Ne-ha-sa-ne Park Association of
the first part, and as between the parties of the first part all payments herein provided for shall be
made to the said Webb of the first part.

Sixt/i. And it is especially agreed and understood that the deed herein provided for shall contain

a release of dower to all lands herein conveyed upon the part of Eliza Osgood Webb, wife of the said
Webb of the first part, who is to join in said conveyance, and shall be delivered to the Comptroller
of the State of New York on or before the 29th day of January, 1896, and upon the delivery thereof
to the said Comptroller of the State of New York the said Comptroller shall draw his warrant upon
the Treasurer of the State of New York for the aforesaid sum of fifty thousand dollars ($50,000),
payable to said Webb of the first part, and issue ten certificates of indebtedness as herein provided
for, for the remaining five hundred and fifty thousand dollars. Annexed hereto marked " F " is a
form of deed to be executed by the parties of the first part as herein provided.

Annexed hereto marked " G " is a sworn survey of said lands.

And it is also agreed and understood that on or before the delivery of said deed the parties of the
first part will deliver to the Attorney-General of the State of New York complete and satisfactory
abstracts of tide of the premises herein described certified to by the clerks of Herkimer and Hamilton
Counties ; also a search certified to by the Comptroller of the State of New York as to any and all
taxes upon said lands. Also certified searches certified by the clerks of the Circuit and District
Courts of the United States of the district where the lands above described are located, certifying as to
any and all judgments that may be liens upon said lands for ten years last past. This contract shall
be subject to the approval of the Attorney-General of the State of New York as to the title to the
lands hereby contracted to be conveyed.

Seventh. — The parties of the first part covenant and agree to cut a trail on the lands above
agreed to be conveyed from Big Crooked Lake in Township forty-three (43) down through the valley
of the outlet of said lake to the junction of said outlet with the trail leading from Gull Lake across
the triangle north of Township thirty-eight (38), such trail to be cut by the parties of the first part
within one year from the date hereof under the direction of the Commissioners of the Board of
Fisheries, Game and Forests of the State of New York as to location and to their satisfaction.

The parties of the first part also covenant and agree at the request of the Commissioners of the
Board of Fisheries, Game and Forests to cut out a roadway from the road from Beaver River Station
across said Township forty-two (42) on the lands above agreed to be conveyed so as to connect with
the road known as the State Road (Carthage and Lake Champlain Road) at or near the boundary
line of Township thirty-nine (39), said road to be cut within one year from the date hereof at the
request of the parties of the second part or their successors, and to be located as they shall request
and be cut to their satisfaction. It being understood and agreed that under this agreement the
parties of the first part are not to be liable for the making of any road beyond the cutting of trees,
bushes, etc., from such roadway.

Eighth. — All of the covenants and agreements herein contained shall bind the heirs, executors,
administrators and successors of the parties hereto.

In Witness Whereof the said Webb of the first part has hereunto set his hand and seal, and the
Ne-ha-sa-ne Park Association of the first part has hereunto caused its corporate seal to be affixed and
these presents to be signed by its President ; and the party of the second part has caused these

430 REPORT OF THE COMMISSIONERS OF

presents to be signed and sealed by Barnet H. Davis, Henry H. Lyman, William R. Weed, Charles
H. Babcock and Edward Thompson, as Commissioners of the Board of Fisheries, Game and

Forests of the State of New York.

WILLIAM SEWARD WEBB. [l. s.]
Witness:

Edward M. Burns.
[Corporate Seal.] THE NE-HA-SA-NE PARK ASSOCIATION,

By Henry L. Sprag.ue, President.
BARNET H. DAVIS. [l. s.]

HENRY H. LYMAN. [l. s.]

WILLIAM R. WEED. [l. s.]

CHARLES H. BABCOCK. [l. s.]

EDWARD THOMPSON. [l. s.]

State of New York, |
County of Albany, \

On this 2d day of January, 1 896, before me, the subscriber, personally appeared William Seward
Webb, to me known, and known to me to be the same person described in and who executed the
foregoing instrument, and he duly acknowledged that he executed the same.

[Notarial Seal.] Jas. W. Bentley,

Notary Public, Albany County.

State of New York, )

City and County of Albany, \

On this 2d day of January, in the year 1S96, before me, the subscriber, personally appeared
Henry L. Sprague, to me known and known to me to be the President of the Ne-ha-sa-ne Park
Association described in and who executed the foregoing instrument, and he duly acknowledged that he
executed the same. And the said Henry L. Sprague, being by me duly sworn, did depose and say
that he resides in the City, County and State of New York. That he is the President of the
Ne-ha-sa-ne Park Association named in and who executed the foregoing instrument. That he knows
the corporate seal of said Ne-ha-sa-ne Park Association and that the seal affixed to the foregoing
instrument is the corporate seal of said Ne-ha-sa-ne Park Association. That deponent affixed said
seal to the foregoing instrument and signed the same as President of the Ne-ha-sa-ne Park Associ-
ation under authority and direction and by virtue of a resolution of the Board of Directors of said
Ne-ha-sa-ne Park Association. Henry L. Sprague.

Sworn to and subscribed before me this 2d day of January, 1896.

[Notarial Seal.]

Jas. W. BENTLEy, Notary Public, Albany County.

State of New York, )
County of Albany, \

On this 31st day of December, in the year 1895, before me, the subscriber, personally appeared
Barnet H. Davis, Henry H. Lyman, William R. Weed, Charles H. Babcock and Edward Thompson,
to me known and known to me to be the Commissioners of the Board of Fisheries, Game and Forests
of the State of New York, and they each duly acknowledged that they executed the same and acknowl-
edged that they executed the same as such Commissioners and as the act and deed of the People of
the State of New York in whose behalf they were acting.

[Notarial Seal.] jAS. W. Bentley,

Notary Public, Albany County.

At a special meeting of the Commissioners of the Board of Fisheries, Game and Forests of the
State of New York, held at the Capitol in the City of Albany, on the 31st day of December, 1895.

FISHERIES, GAME AND FORESTS. 43 I

Present — B. H. Davis, President; H. H. Lyman, W. R. Weed, C. H. Babcock, Edward
Thompson.

On motion of Mr. H. H. Lyman, it was unanimously resolved that the Commissioners of the
Board of Fisheries, Game and Forests of the State of New York enter into the foregoing contract
with William Seward Webb and the Ne-ha-sa-ne Park Association, and that the Comptroller of the
State of New York be directed to draw his warrant payable to William Seward Webb on the
Treasurer of the State of New York for the sum of fifty thousand dollars for and on account of the
foregoing contract, and that the said Comptroller of the State of New York be authorized and
directed to issue certificates of indebtedness on the part of the State of New York as provided for in
the foregoing contract to said William Seward Webb and the Ne-ha-sa-ne Park Association, and
that the said foregoing contract together with this resolution be directed to be recorded and entered
in the book of records in the office of the said Board of Fisheries, Game and Forests.

[Seal.] F. B. Mitchell,

Sarctary.

Certificate of Indebtednesss of the State of New York Issued Pursuant to the
Authorization of the Commissioners of the Board of Fisheries, Game and Forests
of the State of New York, under Laws of 1S95, Chapter 561.
Certificate No.

Office of the Comptroller of the State of New York, )
Albany, N. Y., January 2^th, 1896. j

This Certifies that the State of New York is indebted unto William Seward Webb, of the City,
County and State of New York, in the sum of fifty-five thousand dollars ($55,000), the same being
part of the purchase price of the lands for the Adirondack Park, heretofore made by the Com-
missioners of the Board of Fisheries, Game and Forests, pursuant to Laws 1895, Chapter 561, and
approved of by the Commissioners of the Land Office of the State of New York, and that the
Treasurer of said State of New York will, upon the warrant of the Comptroller of the State of New
York, pay to the said William Seward Webb, or to his order, on the day of , 18 , at the

office of the Treasurer of the State of New York, the sum of fifty-five thousand dollars ($55,000),
with interest thereon at the rate of three per cent, per annum, payable semi-annually.

In Witness Whereof, the said Comptroller of the State of New York has hereunto set
[l. s.] his hand and official seal this 29th day of January, 1896.

Albany, N. Y., December , 189 . \
Office of the Board of Fisheries, Game and Forests (
of the State of New York. ,)

The foregoing certificate of indebtedness is hereby approved pursuant to Laws 1895, Chapter 561.

BARNET H DAVIS,
HENRY H. LYMAN,
WILLIAM R. WEED,
CHARLES H. BABCOCK,
EDWARD THOMPSON,
Commissioners 0/ the Board of Fisheries, Game and Forests of the State of New York.
Attest :

[Seal.]

Sec.

" B"
This Agreement, made this 7th day of February, 1894, by and between William Seward Webb,
of the City, County and State of New York, party of the first part, and Lemon Thomson, of Thomson's
Mills, N. Y., Edward Thomson, Jr., of Glens Falls, N. Y., and John A. Dix, of Thomson's Mills,
N. Y., parties of the second part.

432 REPORT OF THE COMMISSIONERS OF

WITNESSETH, the party of the first part sells and hereby grants and conveys unto the parties of
the second part the right and privilege to cut and take during the time stated herein, all the pine,
spruce, balsam, hemlock, tamarack, cedar, cherry, ash, basswood and poplar timber, not less than
ten (lo) inches in diameter at three (3) feet above ground, and suitable for lumbering or manufactur-
ing purposes, now standing on the land of the said party of the first part in Township eight (8) of
John Brown's Tract (so called) having a slope or water-shed to the Moose River or its branches or
tributaries, excepting all such timber standing on such lands as have been surveyed and laid off into
lots along the shores of Second, Third and Fourth Lakes, of the Fulton Chain of Lakes, and except-
ing also the timber standing within a line to be run at the expense of the party of the first part
around and not more than one-quarter mile distant from the shores of such bodies of water as the said
party of the first part shall elect to be suitable for hotel, camping or sporting purposes, it being under-
stood that the said line will be run at the maximum distance from the shores of said bodies of water
only where necessary to utilize the said shores within the said line for sale or occupancy for hotel,
cottage or camping purposes, and that where the party of the first part shall omit to indicate the
distance from any body of water by causing the said line to be run as aforesaid, the parties of the
second part shall cut over the lands around such body of water close down to the water's edge, and it
is agreed that the total amount of land so exempted from the operations of the parties of the second
part shall not exceed in quantity and amount in excess of what would be required to reserve twenty
(20) rods around the shores of all bodies of water, the area of which is herein excepted. The said
timber so sold shall be paid for at the price of six dollars ($6) per acre of the land cut over by the
parties of the second part as hereinafter provided, exclusive of the area of the lakes and ponds and
lands herein exempted, all the cutting as it progresses to be over contiguous territory, and the lands
cut over in any one year not to be isolated from the lands cut over in the previous year; and the said
parties of the second part may draw the timber to and pile and bank the same on any of the lakes cr
streams on said lands belonging to the party of the first part, at suitable and convenient places, but
not upon lands where camp sites are established or may be actually sold or leased, it being understood
that the party of the first part is bound to provide the parties of the second part with suitable piling
ground, and that the party of the first part will not sell or lease camp, hotel or cottage sites on any of
the lakes or ponds within the boundaries of the lands herein referred to (excepting on Second, Third
and Fourth Lakes of the Fulton Chain of Lakes) until after the parties of the second part shall have
cut over the lands surrounding the same, without first permitting the parties of the second part to
select and reserve the piling ground they may require for their operations under this contract ; the
parties of the second part to be allowed to designate piling ground on the land of the party of the first
part on the shores of said Second, Third and Fourth Lakes of the Fulton Chain of Lakes within one
year from the date hereof, selection to be confined to lands owned by the party of the first part at the
time the selection is made, and the party of the first part agrees not to sell all the lands on either
shore of any of the said lakes without first giving notice and reasonable time for such selection to the
parties of the second part, and any and all selection of piling ground shall be mutually agreed upon
by the parties hereto, their agents or representatives, to the end that future camp sites shall not be
injured or destroyed by such piling grounds, but if not determined as aforesaid, prior to October first
in each and every year, then the matter at issue shall be decided in the following manner : Each
party hereto shall choose a disinterested person, and the two persons thus chosen shall choose a
third person, and the decision of any two of the said three persons shall govern and bind the parties
hereto, and in the event of the party of the first part being unable to furnish the parties of the second
part suitable facilities for banking and piling logs to be cut from any particular portion of the lands
herein referred to, by reason of the sale of any camp sites prior to the date hereof, the said particular
portion of said lands shall be exempted from the operations of this contract, but if cut over shall be
paid for and shall only be exempt when so decided by arbitration as provided for herein in the case
where piling ground is to be decided upon.

The parties of the second part may drive and boom the timber through the lakes and down the
streams on said lands and may erect such dams and booms and flood such lands and improve the
water-ways and streams thereon in such manner and to such extent, and, in so doing, take and use

FISHERIES, GAME AND FORESTS. 433

such timber and other materials as shall be necessary in order to drive or float logs to mill, except
that the Fulton Chain of Lakes and Big Moose Lake shall not be flooded or raised above the present
high-water mark, nor shall the waters of any lakes be raised by the parties of the second part while
the lakes are covered with ice, so as to destroy or injure growing timber, or after July 1st in each
year, unless necessary to take advantage of a natural freshet at a later date to drive logs that remain
after the spring drives. It is expressly understood and agreed that the party of the first part does
not convey or grant any right to flood the Fulton Chain of Lakes, the waters of the same being
subject to the rights of the State of New York for canal purposes. The navigation of the said lakes
being a public highway for the purpose of floating logs by the laws of the State of New York, it is
agreed on the part of the parties of the second part that the navigation of the said waters by boats
shall not be unreasonably obstructed by them in their operations under this contract. And it is
expressly agreed and understood that the waters back of any dams erected upon such lands shall not
be held or retained longer than is necessary for the purpose of a timber drive.

The parties of the second part may build such roads and erect such camps on said lands to be cut
over as may be necessary for the drawing of logs to the piling places and for carrying on lumbering
operations, and in so doing may take and use therefor such and so much of the timber growing on
said lands to be cut over as shall be fit and necessary, but the lumber camps shall not be located on
the shores of lakes where the location is suitable for summer or sporting camps, nor shall roads be
constructed so as to interfere with the. grounds of camps, hotels or cottages ; in case of any disagree-
ment as to the proper location of either lumber camps or roads, the matter shall be referred to a
committee of arbitration chosen as hereinbefore provided for in the matter of location of piling
grounds and the exemption of lands not to be cut.

The parties of the second part may operate at and from one or more such points on said lands as.
they may deem proper, and shall, as their operations progress or extend, cut and remove all of the
aforesaid timber sold to them and shall not cut upon or over the same land a second time, and shall
cut and trim or lop the large branches of tops of trees left on the ground after their operations so the
same will fall to the ground under the weight of winter show; and in felling trees shall use care and
diligence to cause them to be so felled as not to unnecessarily injure or destroy other trees standing
on said lands.

The parties of the second part shall use due diligence also to prevent the starting of forest fires
while conducting any of their operations hereunder, and every reasonable effort shall be made to
subdue and extinguish any fires which may occur upon the lands herein referred to, whether the
same be caused by their operations or otherwise.

The parties of the second part shall have eight (8) years from the first day of May, 1894, in which
to cut the timber so sold to them on said lands, and may, if they deem it practicable, cut and remove
the same in less time, no less than three thousand (3,000) acres to be cut over in any one year, oro-
vided that three thousand acres remain uncut, e. ccpt where the cut of previous years excee'ds the
average of three thousand acres per year, in which event the excess may be counted as applying on
the cut of the following year, the timber cut, drawn and piled in the last year of operations hereunder
to be removed as soon as practicable thereafter in the usual course of lumbering, when all rights of
the parties of the second part shall cease and terminate.

The area of land to be cut over and paid for in each year hereunder shall if possible be agreed
upon by the parties hereto, or their agents or representatives, by estimate or otherwise, but if not so
agreed upon, then the same shall, prior to May ist in the year following the said cutting, be determined
by a correct survey or measurement of the lands so cut over by a competent and disinterested sur-
veyor, to be agreed upon by the parties hereto, or their respective agents or representatives, and each
party hereto shall bear and pay one-half the expense of such sun-ey.

The parties of the second part agree to pay for the timber cut or taken by them from the area

cut over in each year, on or before the first day of May in the following year, in value at the rate of

six dollars (6) per acre as aforesaid, and in quantity not less than an average of three thousand (3,000)

acres per year, and in case of failure to pay for timber cut, in any season, the right of the parties of

28

434 REPORT OF THE COMMISSIONERS OF

the second part to cut timber thereafter on said lands shall, at the option of the party of the first
part, cease and terminate ; and the parties of the second part may pay installments on or before the
first days of February, March, April and May, on account of timber cut during the preceding
year, and on all such payments made before May first shall be allowed interest to that date at the
legal rate.

The ownership of all the timber on the lands herein referred to, whether standing or cut into logs
or lumber, shall be and remain in the party of the first part, until said timber is paid for by the
parties of the second part, and the parties of the second part agree to take and pay for all the timber
on the said land as aforesaid, and to cut over the area of all said lands not herein excepted, within
eight (8) years from May first, 1894; and in case the parties of the second part shall require or need
in their lumbering business upon the Moose River, or for their lumber-mill to be erected at the junc-
tion of the Moose River, or McKeever, so-called, more of the aforesaid timber in any one year than is
taken from the three thousand (3,000) acres so to be cut over as aforesaid, then and in that case the
parties of the second part agree to take such excess timber so to be used by them or needed by them
in their said business from lands of said Webb in said Township number eight (8) before taking such
timber from their own lands or other lands leased by them or upon which they may have or may
have acquired lumber rights, provided they can with reasonable convenience take such extra lumber
from the said lands of the party of the first part; and the parties of the second part agree to first cut
over and take, during the continuance of this contract, such timber for all their lumbering business at
Moose River and McKeever from the lands of said Webb in Township number eight (8) before
taking such timber from their own lands, or from the lands upon which they may have or may have
acquired lumber rights, provided the timber from the said lands is not unavoidably delayed in reaching
the mill, thus making it imperative that timber be procured from other sources to supply their wants,
and nothing herein contained shall be construed as relieving the parties of the second part from the
obligation to pay for all the timber standing on the said land not specifically excepted herein, or to
cut over the said land within the period of eight (8) years from the first day of May, 1894.

In case any lands to be cut over hereunder shall be burned over by fires occurring otherwise than
by the negligence or agency of the parties of the second part, their contractors, agents or servants,
or the timber thereon be injured or destroyed by the elements, the parties of the second part may, at
their option, but shall not be obliged to, cut over said lands or take the timber therefrom.

The parties of the second part shall not permit fishing or hunting upon the lands of the party of
the first part by any one in their employ or under their authority; and shall promptly report or cause
to be reported to the party of the first part, or his agents, any such trespass coming to their
knowledge.

The party of the first part shall have the privilege of keeping an inspector upon the ground during
the active operations of the parties of the second part hereunder, to see that the provisions hereof are
duly carried out, which inspector shall be boarded at the camps of the parties of the second part.

It is especially understood and agreed between the parties hereto that the three hundred and sixty
(360) acres of land, or thereabouts, cut over by Garmon and Harvey, as trespassers, near Third
Lake, of the Fulton Chain, shall be exempt from the operations of this contract, and that the parties
of the second part may reject such portion of the five hundred acres of land lying west of the line of
the Mohawk and Malone Railroad as may prove to them to have had the merchantable spruce timber
removed therefrom in cutting ties and trestle timber for said railroad.

It is expressly understood and agreed that one of the considerations for the conveyance herein of
the rights hereby acquired by the parties of the second part is that the timber product of the lands
herein referred to shall reach market from a point known as McKeever, on the Mohawk and Malone
Railway, as freight over the said railway. And it is agreed that no portion of said product shall be
floated down the Moose River beyond the said point known as McKeever or sold so as to divert the
same as freight from the said railway, unless a committee of arbitrators appointed as hereinbefore
provided for shall decide that the freight rates charged the parties of the second part over said railway
are such as to unjustly discriminate against the parties of the second part.

FISHERIES, GAME AND FORESTS. _ 435

It is hereby agreed and understood that this contract shall bind the parties hereto, their heirs,
executors, administrators, successors and assigns, and all the agreements herein contained are joint
and several on the part of the parties of the second part.

In Witness Whereof the parties hereto have executed these presents the day and year first
above mentioned.

WM. SEWARD WEBB. [l. s.]

LEMON THOMSON. [l. s. ]

EDWARD THOMSON, Jr. [l. S.]

JNO. A DIX. [l. s.]

Witness: Curtis N. Douglas.
Witness for Edward Thomson, Jr.: W. W. BORST.

State of New York, )
County of New York, J

On this sixteenth day of February, 1894, before me, the subscriber, personally appeared William
Seward Webb, to me known and known to be the same person described in and who executed the
foregoing instrument, and he duly acknowledged the execution thereof.

Frank Smith,
Notary Public, Westchester Co.
Certificate filed in New York County.

State of New York, \
City and County of .U/xiny, J

On this 14th day of February, 1894, before me, the subscriber, personally appeared Lemon
Thomson and John A. Dix, to me known and known to be the same persons so named and described
in and who executed the foregoing instrument, and they duly acknowledged the execution thereof.

J. M. Lawson,
Commissioner of Deeds, Albany, N. V.

State of New York, |
County of Herkimer, \ ^^' '

On this 26th day of February, 1894, before me, the subscriber, personally appeared Edward
Thomson, Jr., to me known and known to be the same person described in and who executed the
foregoing instrument, and he duly acknowledged the execution thereof.

Elmer Blair,
Notary Public, Herkimer Co., N. V.
For value received the Ne-ha-sa-ne Park Association sells, assigns, transfers and sets over unto
the United States Mortgage Co. all its right, title and interest in and to the within contract to be held
by the said United States Mortgage Co. as additional and collateral security for payment of a loan of
$300,000 made by said United States Mortgage Co. on July 2d, 1894.

In Witness Whereof the Ne-ha-sa-ne Park Association has hereunto subscribed its name and
afSxed its seal this i8th day of July, 1894.

NE-HA-SA-NE PARK ASSOCIATION,

By Henry L. Sprague,

President.
Attest :

William L. Corden,

Secretary.

For value received I do hereby sell, assign, transfer and set over unto the Ne-ha-sa-ne Park

Association all my right, title and interest in and to the within contract.

In Witness Whereof I have hereunto set my hand and seal this i8th day of July, 1894.

In presence of

Wm. Seward Webb.

436 REPORT OF THE COMMISSIONERS OF

This Agreement, made this 12th day of November, in the year of our Lord one thousand eight
hundred and ninety-five, by and between WilHam Seward Webb of the City, County and State of New
York and the Ne-ha-sa-ne Park Association, a domestic corporation created and organized under the
laws of the State of New York, parties of the first part, and Lemon Thomson, of Thomson's Mills,
N. Y., Edward Thomson, Jr., of McKeever, N. Y., and John A. Dix, of Thomson's Mills, N. Y.,
composing the Moose River Lumber Company, parties of the second part.

WITNESSETH, that the parties of the first part hereby agree to sell and convey unto the parties of
the second part and the parties of the second part agree to take and pay for the right and privilege to
cut and take all the pine, spruce, balsam, hemlock, tamarack, cedar, cherry, ash, basswood and
poplar timber not less than ten inches in diameter, three feet above the ground and suitable for
lumber or manufacturing purposes, at the rate of six dollars ($6) per acre, now standing on the land
of the parties of the first part in Township eight (8), John Brown's Tract, so-called. Town of
Wilmurt, Herkimer County, N. Y., having a slope or water-shed to the Twitchell Creek, and Beaver
River or its branches or tributaries, excepting therefrom that portion thereof which is under contract
for lumbering with Firman Ouderkirk, such sale and purchase of the aforesaid soft wood timber is
upon the same terms, conditions and limitations, and the said six dollars per acre shall be paid in
the same manner as provided for in the contract, dated the 7th day of February, 1894, between said
William Seward Webb of the first part and the parties of the second part for the sale and removal of
the same kind of softwood timber upon that portion of said Township eight (8), John Brown's Tract,
having a slope or water-shed to the Moose River or its tributaries. The intent of this agreement
being that all the terms and conditions of said contract of the 7th day of February, 1894, so far as
applicable to the Twitchell Creek water-shed on said Township eight, shall apply to and be considered
a part of this agreement. It is expressly agreed and understood that no lumbering of any kind shall
be conducted within a line of twenty rods around Twitchell Lake without the consent in writing of the
parties of the first part, and that no lumber camps shall be built within forty rods of said Twitchell
Lake. The same restrictions to apply to such other lakes situate within the above mentioned
water-sheds as the parties of the first part shall designate in writing. This agreement to be annexed
to the said contract of the 7th day of February, 1894, and to be deemed a part thereof.

In Witness Whereof the parties hereto have hereunto set their hands and seals the twelfth
day of November, 1895.

(Signed) WILLIAM SEWARD WEBB. [seal]

THE NE-HA-SA-NE PARK ASSOCIATION. [seal]

By Henry L. Sprague,

President. [seal]

Signed and sealed and delivered in the presence of C. H. Burnett as to W. S. Webb and H. L.
Sprague.

LEMON THOMSON.

JOHN A. DIX.

EDWARD THOMSON, Jr.,

By JNO. A. Dix.
MOOSE RIVER LUMBER CO.
Signed and sealed in the presence of C. J. Cameron.

"D."

Articles of Agreement made and entered into this 21st day of October, 1893, between
William Seward Webb, of the City, County and State of New York, of the first part, and Firman
Ouderkirk, of the Town of Ohio, County of Herkimer and State of New York, party of the second part.

WITNESSETH, that for and in consideration of the sum of one dollar ($1) each to the other in
hand paid, the receipt whereof is hereby acknowledged, the parties hereto mutually agree to and
with each other as follows, to wit :

[l.

S.]

[l.

S.]

[L.

S.]

[L.

S.]

FISHERIES, GAME AND FORESTS.

437

The said party of the first part hereby grants to the said party of the second part the right to cut
all the merchantable spruce, balsam, pine and cherry lumber on the territory within the following
lines, to wit

Beginning at the south-west corner of that division of land known as the easterly third of
Township number 5 John Brown's Tract ; thence along the southerly line thereof to the north-west
corner of Township Number 8, said tract; thence southerly on the west line of said Township
number 8 to the intersection of a line run nearly parallel with the north line of said Township
number 8 and along said line which passes thirty rods north of the most northerly bay of Twitchell
Lake to the westerly line of Township number 42 Totten & Crossfield's Purchase ; thence southerly
along said westerly line to the south-west corner of said Township number 42 ; thence easterly on
the southerly line of said Township number 42 to the south-east corner of lot number one hundred
thirteen (113); thence northerly on the easterly line of said lot number one hundred thirteen (113)
and lots one hundred eight (108), ninety-three (93), eighty-eight (88), seventy-three (73),
sixty-eight (68), fifty-three (53), forty-three (43), thirty-eight (38), twenty-three (23), and eighteen
(18), to the north-east corner of said lot number eighteen (18) ; thence westerly along the north line
of said lot number eighteen (18) and of lots numbers nineteen and twenty (19, 20), and on a continu-
ation of said line to the west line of the east third of Township number five (5) heretofore referred
to; thence southerly along said west line to the place of beginning.

It being understood that the party of the first part may require the party of the second part to
lumber all or any part of said Township number forty-two (42) lying west of the Hamilton county
line, and that part of Townships thirty-eight and forty-three (38, 43) that would naturally come
down the Beaver River Valley, provided that reasonable notice be given the party of the second part
to prepare to do said work.

The party of the second part shall have the right to enter upon the lands of the party of the first
part to make all necessary roads and bridges, and to do all other work essential to proper lumbering
operations, including the cutting of small trees for the corduroying of roads where necessary, doing
no unnecessary damage. It is further understood that no streams are to be dammed or land flooded
without the consent of the party of the first part.

The party of the second part is not to cut any timber within thirty rods of any lake or pond,
unless with the written consent of the party of the first part, the lines constituting the boundary about
such lakes and ponds to be defined by the party of the first part, but the party of the second part is
charged with the duty of calling for the said lines when about to lumber near any of said lakes
or ponds.

The party of the second part shall have the privilege of erecting his mills, dwelling and other
necessary buildings for the carrying on of the business herein provided, upon the lands of the party of
the first part, the location therefor to be agreed upon between the parties hereto from time to time ;
no building to be put within the fence line except upon the written consent of the party of the first
part ; and the said party of the second part shall have the right and privilege of removing any
buildings so erected, or any machinery or other property therein, from the lands of the party of the
first part belonging to him, the said party of the second part, at the termination of this contract, or
upon the abrogation thereof by agreement.

The spruce and balsam timber within the above described boundary lines shall not be cut smaller
than eight inches in diameter at the small end of the log, and the pine, hemlock and cherry timber
shall not be cut smaller than ten inches in diameter at the small end of the log. The spruce and
hemlock logs shall be cut thirteen feet four inches long unless otherwise ordered by the party
of the first part ; and the pine and cherry logs shall be cut ten, twelve, fourteen and sixteen feet
long unless otherwise ordered by the party of the first part, and as many of the longer lengths shall be
secured as may be consistent with proper lumbering.

It is the intention of this contract to prevent the cutting of less than twelve inches at the stump,
three feet from the ground, and smaller trees must not be cut down ; also all decayed or seamy trees
unfit for lumber must not be cut down. All butt logs suitable for sounding-board lumber are to be
piled and skidded in the woods separately, unless otherwise ordered by the party of the first part.

438 REPORT OF THE COMMISSIONERS OF

No logs less than eight inches at the small end shall be accepted. All logs skidded after the year
1893 shall be on the skids before snow-fall of the year in which they were cut : and all the roads cut
from the main road to the skidway so that hauling can commence with the first run of sleighing.

The lumber to be cut shall be cut in such form and sizes as may be directed by the party of the
first part ; and in the absence of specific directions from said party of the first part regarding such
form and sizes, the party of the second part shall make such form and sizes of lumber as in his judg-
ment can be manufactured from the log to the best advantage of the party of the first part.

All lumber other than sounding-board lumber manufactured under this contract must be manu-
factured in a workmanlike manner, square edged, butted and free from wane, and of ample thickness
to allow for seasoning. The ends of all boards and planks under sixteen feet in length shall be
trimmed to such specified lengths as are indicated by the length of logs from which said lumber is
cut, unless otherwise ordered. Said lumber after being sawed and trimmed must be immediately
piled, so as to prevent staining, unless loaded on cars by order of the party of the first part ; and all
lumber damaged in being manufactured or from being piled improperly shall be charged to the said
party of the second part at the full cost of manufacturing from the stump, with stumpage value added,
said stumpage value to be three dollars per thousand feet, board measure, of spruce and balsam, and
five dollars per thousand feet, board measure, for pine and cherry. And the party of the second
part agrees to pile each width of plank or boards in separate piles.

The party of the first part is to have the privilege of requiring all the butt logs of spruce trees
suitable to make sounding-board lumber to be sawed into such, the logs being quartered so that the
grain runs vertically and the heart of the logs to be edged away as shown in the drawing, thus ;

The edges of the butt quarters of the spruce shall be sawed into what is known as bar stuflf, one-
half to be one inch thick and one-half to be one and one-quarter inch thick ; the width of such bar
stufif shall not measure more than three inches in the center so as not to waste any lumber that will
make sounding-board stuff.

The party of the second part agrees to use a saw not thicker than a No. 10 gauge, to saw the
quartered log into sounding-board lumber.

The party of the first part reserves the right to use the roads made by the second part in case he
desires to cut hemlock or other timber, peel and haul bark, or other commodities and products of the
forest ; it being understood that preference may be given to the party of the second part to do such
work, but if such work be done by the party of the first part or any one acting by his consent or
authority, then no interference shall be permitted to the work of the party of the second part whUe
lumbering in that vicinity under this contract.

When logs are cut near township lines, they shall be so skidded that the timber from each town-
ship can be scaled separately before removing it to the mill, the said lines to be established by
said party of the first part on the application of the party of the second part if not already so
established.

The party of the second part shall use due diligence to prevent forest fires, while effecting opera-
tions under this contract, and agrees to properly furnish all the assistance in his power to extinguish
any fires that may exist on the premises of the party of the first part within reach of any of the
operations of said party of the second part, whether set by men in his employ or not. And the said
party of the second part also agrees to furnish a night watchman, at his expense, at the mill with
instructions to care for the logs and piled lumber as though it was the property of the party of the
second part.

The party of the second part agrees to use due diligence to the end that no trees be felled so as to
damage the fence or fences upon any of the above described lands, and to promptly give notice of
any such mishap, and to take any and all reasonable and proper measures to repair any damages so
done, at once, at his own expense. The party of the second part, however, shall not be required
to fell or cut any trees that will surely fall upon the said fence or fences.

The party of the second part shall not permit fishing or hunting upon the lands of the party of
the first part, by any one in his employ or under his authority, and shall promptly report or cause to
be reported to the party of the first part, or his agents, any such trespass coming to his knowledge.

FISHERIES, GAME AND FORESTS. 439

The party of the second part shall cut, haul, saw and manufacture into lumber so much of the
timber within said boundary lines as may be called for by the party of the first part each and every
year during the continuance of this contract ; it being understood that the party of the first part is
bound to direct the cutting of at least three million feet each year, and he may require to be cut not
to exceed six million feet in one year, and shall give notice in writing to the party of the second part
on or before the first day of May in each year of the approximate amount of timber in the log required
to be cut and delivered at the mill during the period of one year from that date. The territory from
which the timber shall be cut each year shall be so selected and agreed upon between the parties
hereto as to insure the removal of the timber from points remote from the mill at which it is to be manu-
factured in like proportion as nearly as may be with the timber located convenient to said mill. The
territory to be covered by each season's operations shall be agreed upon on or before the first day of
June in each year, and all the merchantable timber covered by the terms hereof shall be removed
from said territory so agreed upon for the season's operations.

The expense of scaling all logs under the operations of this contract, upon which an advance may
be asked or be made, shall be borne by the said party of the second part ; the party of the first part
shall be entitled to have a representative who shall be assisted in securing and making a correct tally
of all logs so scaled. Due notice shall be given by the party of the second part to the party of the
first part prior to the scaling of any logs to enable the carrying out of this provision.

If the work done or to be done under the operations of this contract shall in the judgment of the
party of the first part be in any way neglected or mismanaged, thereby involving his interests, the
said party of the first part may call for the submission of the question as to whether the work is so
neglected or mismanaged to three persons, one of whom shall be chosen by the party of the first part,
one by the party of the second part, and the third agreed upon by the two thus chosen. The decision
of the three, or a majority of them, shall be binding upon the parties to this contract, and the
expense of procuring the judgment shall be borne by the party against whom the decision is rendered.

In the event of the decision being in favor of the party of the first part, he shall have the undis-
puted right to enter upon the work and take charge of the prosecution of the same or any part thereof,
by his agents or otherwise, and at the expense of the party of the second part.

The party of the first part reserves the right to withdraw from the operations of this contract any
portion or portions of the land within the boundaries named on payment to the party of the second
part of a sum to be agreed upon as liquidated damages, which sum shall be agreed upon between the
parties hereto, and based upon the approximate profit of the party of the second part, that would be
derived from the manufacture of the timber covered by the terms of this contract, standing upon the
said land so proposed to be withdrawn, but no claim for damages whatever shall be made by the
party of the second part on account of the withdrawal of any land from the operation of this
contract, after the first day of May, 1898.

The party of the first part also reserves the right to terminate this contract on the following terms,
to wit : On six months' notice given in writing in the month of November of any year between the
years 1893 and 1898, provided always that the said notice shall give the party of the second part a
reasonable time to complete the manufacture of any timber already cut from the stump, and that said
notice shall contain a stipulation that a forfeit shall be paid to the party of the second part on or
before the day of termination named in said notice as follows : If the said notice be served during
November. 1893, then two thousand dollars shall be the sum named in said notice to be so paid. If
the said notice shall be served during November, 1894, then two thousand dollars shall be the sum
named in said notice to be so paid. If the said notice shall be served during November, 1895, then
fifteen hundred dollars shall be sum named in said notice to be so paid. If the said notice shall be
served during November, 1896, then one thousand dollars shall be the sum named in said notice to
be so paid. If the said notice shall be served in November, 1897, then five hundred dollars shall be
the sum named in said notice to be so paid, and if the said notice be served in November, 1898, or
during the month of November in any subsequent year, then no payment whatever shall be paid as a
forfeit ; it being understood that any payment so made in accordance with the notice so served shall
be as liquidated damages agreed upon by the parties hereto and not as a penalty.

440 REPORT OF THE COMMISSIONERS OF

The party of the second part shall have the privilege of abrogating this contract at any time, by
giving six months' notice in writing to the party of the first part of his intention so to do, provided
that at the end of said six months he shall have manufactured an3 delivered as required herein all
logs manufactured during the previous years, and shall forfeit his ownership in the buildings,
machinery and plant for transacting the business herein provided for which may be upon the premises
of the party of the first part, not as a penalty but as liquidated damages, the amount of which is
hereby fixed and determined.

The party of the first part shall pay to the party of the second part upon the faithful performance
of the agreements herein set forth, to be performed by the said party of the second part, the sum of
seven and one-half dollars per thousand feet, board measure, for the manufacture from the stump, of
spruce, balsam and pine, and ten dollars per thousand feet, board measure, for the manufacture from
the stump of cherry. Hemlock and other timber may be required to be manufactured, by the party
of the first part, upon terms to be agreed upon between the parties hereto. Any lumber sawed less
than one inch thick shall be reckoned at face measure for the purpose of computing the saw-bill.
The aforesaid prices to be paid for the manufacture of said lumber are understood to cover the whole
cost and charges for the manufacture from the stump and the delivery of the same, when sawed,
upon cars, properly loaded for shipment at the tail of the mill ; or, when cars are not provided by the
party of the first part, he, the said party of the first part, shall receive said lumber when sawed and
properly piled within fifty rods of said mill, at points convenient to the railroad track. It being
understood, however, that the party of the second part shall not be called upon to procure the laying of
any railroad tracks in order to accomplish the loading, piling or delivery of any portion of said lumber;
but that the said railroad tracks, if any are needed, are to be procured by the party of the first part.

The party of the first part shall advance the sum of two dollars per one thousand feet, scale meas-
ure, Doyle rule, on the tenth day of each month for all logs skidded and scaled during the preceding
month. Also an additional sum of two and one-half dollars per thousand feet for all logs delivered at
the mill during the preceding month. The balance of the prices named herein shall be due and pay-
able on the 15th day of each month following that in which the lumber may be shipped or delivered
in completed piles as aforesaid.

The party of the first part shall have the privilege of utilizing such of the refuse material at the
mill as may not be needed for fuel ; it being understood that the party of the second part shall remove
and dispose of any portion of such refuse not so utilized by said party of the first part or used for fuel
by the party of the second part.

It is also understood that the piling of the lumber in completed piles shall be done in a workman-
like manner, well protected from the weather, and that the piling or loading on cars as aforesaid shall
be done on or before the first day of each month, for which payment is to be made ; and the marking
and measuring of said lumber so piled or loaded by the party of the second part shall constitute a
delivery, but no lumber shall be considered delivered unless it shall be in completed piles when not
loaded on cars as aforesaid.

The party of the first part shall mark and measure the completed piles or cause the same to be
done monthly, on or before the first day of each month, on the application of the said party of the
second part.

In Witness Whereof the parties hereto have hereunto set their hands and seals the day and
year first above written.

W. S. WEBB. [L. S.]

FIRMAN OUDERKIRK. [l. s.]

Witness: Edward M. Burns.

This Agreement, made and entered into, in duplicate, this eleventh day of September, 1895, by
and between William Seward Webb, of the City, County and State of New York, of the first part, and
Patrick Moynehan, of Glens Falls, N. Y., and Dennis Moynehan, Jr., of Newcomb, N. Y., both in-
dividually and as the firm of Moynehan Brothers, of the second part :

FISHERIES, GAME AND FORESTS. 44 1

WITNESSETH, that for and in consideration of the mutual covenants and agreements herein con-
tained and for and in consideration of the sum of one dollar ($1) each to the other in hand paid at or
before the execution of these presents, the receipt whereof is hereby acknowledged and confessed,
have agreed as follows :

j^/>j/.— The party of the second part agrees to cut and deliver as hereinafter provided all the
merchantable sawing spruce, pine, balsam, cherry, basswood and white ash timber as may be
determined by the party of the first part, standing or being on Township 42 Totten & Crossfield's
Purchase, south of the railway of the Mohawk andMalone Railway Company and upon that portion
of said Township 42 that is south of the Beaver River the timber from which is tributary to said rail-
way, said timber so to be cut being on the following lots in said Township number forty-two (42),
viz. : 54, 55, 56, 57, 67, 66, 65, 64, 74, 75, 76, 77, 87, 86, 85 and 84.

It is understood and agreed that in cutting said timber the parties of the second part are to cut
the same into logs in lengths as follows : unless otherwise mutually agreed between the parties
hereto, viz.: All spruce butts suitable for sounding-boards are to be cut into logs 13 feet 4 inches in
length; all spruce and hemlock for lumber are to be cut into logs 13 feet 4 inches unless otherwise
ordered; all pine is to be cut into logs 12 feet, 14 feet and 16 feet in length as the timber will best
work to advantage; no 16-foot logs are to be cut unless called for by the party of the first part, save
when necessary for a given piece to be cut to advantage, and in case the party of the first part calls
for the cutting of 16-foot logs more than is so necessary, such additional 16-foot logs are to be subject
to an extra charge of ten cents per standard log for cutting and hauling. The ash, cherry and bass-
wood timber is to be cut into logs of the length of 10 to 14 feet as may be ordered by the party of the
first part.

No spruce, hemlock or pine is to be cut that will not measure 10 inches in <liamctcr at the stump
2 feet from the ground; and no ash, cherry or basswood to be cut that will not measure 12 inches in
diameter at the stump two feet from the ground.

In cutting said timber the parties of the second part agree to do no unnecessary damage to the
remaining timber not cut.

The parties of the second part also, for themselves, their contractors, servants and agents, agree
not to set or spread any forest fires ; and as to any fires that may occur on any of the lands of the
party of the first part adjacent to or accessible to the parties of the second part or their contractors,
servants or agents, the parties of the second part agree to aid with their servants, contractors or
agents in all possible ways in the extinguishment thereof, whether such fires be occasioned by the
sei-vants, agents or contractors of the parlies of the second part in their operations under this contract
or otherwise.

In cutting said timber the parties of the second part agree to cut or lop all large branches of such
tree tops as may remain on the ground, so that the weight of the winter's snow will crush the limbs
to the ground.

The parties of the second part agree in cutting said logs to skid, draw and bank all the butt
spruce logs suitable for sounding-board lumber separately from the other lumber, and for so keeping
said sounding-board butts separate from the other logs the party of the first part agrees to give the
parties of the second part five cents per standard log extra compensation.

It is expressly agreed and understood that the parties of the second part, their servants, agents or
employees are not to hunt or fish upon said lands, and the parties of the second part agree to prevent
all such hunting and fishing; and hunting and fishing implements are not to be brought upon the
lands of the party of the first part by the parties of the second part, their ser\'ants, agents or con-
tractors ; and it is especially agreed that in case any of the employees or agents of the parties of the
second part be apprehended in hunting or fishing upon the lands of the said Webb, or if hunting or
fishing implements belonging to or used by said parties of the second part, their servants, agents or
contractors be found upon the lands of said Webb, the following sum shall be forfeited as liquidated
damages to be deducted by the party of the first part out of the moneys agreed to be advanced by him
as hereinafter provided.

442 REPORT OF THE COMMISSIONERS OF

No fishing tackle or firearms shall be permitted by the parties of the second part, their servants,
agents or contractors upon the lands of the party of the first part or in any of the lumbering camps,
and for each and every violation thereof the parties of the second part agree to forfeit the sum of
twenty-five dollars ($25.00), to be deducted as aforesaid.

No dogs are to be permitted or allowed in or about any of said lumber camps or upon the lands of
the party of the first part by the parties of the second part, their servants, agents or contractors,
under a penalty of ten dollars ($10.00) for each oflfense, to be deducted as above.

For every and each deer that may be killed by any of the employees, jobbers or servants of the
parties of the second part, they, the parties of the second part, shall forfeit fifty dollars ($50.00), to
be deducted as aforesaid.

It is agreed and understood that the parties of the second part in cutting said timber shall have
the right to make roads and cut such necessary trees and timber for bridges, crossings, roadways,
and camps, and to clear the land for skidways and rollways as may be necessary, doing no
unnecessary damage.

It is expressly agreed and understood that no lumber-camps or barns shall be located around or
on the shores of any lake or body of water, or on the Beaver River, and that no lumber camps or
barns shall be located without the approval first had and obtained of the said party of the first part, and
that no lumbering is to be done around the shores of the Beaver River or any lake or body of water
nearer than twenty rods without the consent of the said party of the first part first had and
obtained, and in case the parties of the second part or any of their contractors, servants or agents
lumber along the shores of the Beaver River or any lake or body of wzter nearer than twenty rods
unless by consent of the party of the first part, the parties of the second part shall forfeit the sum of
$1,000 to be retained by the party of the first part out of the moneys to be paid by him.

Second. — And the parties of the second part covenant and agree to deliver all of said logs so cut
on rollways at places in said Township 42 to be designated by the party of the first part, not to
exceed four in number, ready for delivery on flat cars.

As to the delivery of the spruce butt logs suitable for sounding-boards, which are to be cut,
skidded and drawn separately from the other logs, in case delivery thereof is required by the party
of the first part at a point other than where the main cut of logs is delivered, the parties of the second
part agree to deliver the same when and where so required on payment of such extra compensation
as is reasonable and fair.

Third. — For performing the above services the party of the first part agrees to pay the parties of
the second part as follows :

For cutting, skidding and delivering the said timber in rollways along the said railway, ready for
delivery on the cars, ninety cents per nineteen inch standard log. In case the cars furnished by the
railway company for transporting said logs be not provided with permanent stakes that will drop down
for unloading them, the temporary stakes shall be furnished and provided by said parties of the
second part, to be cut from the above lands of the party of the first part, said party of the first part
agreeing to pay the expenses of cutting, sharpening and applying said stakes, it being understood,
however, that he shall in no event be required to pay more than $5 per one hundred pieces.

The parties of the second part agree to load all of said logs upon the cars of the Mohawk and
Malone Railway, the same to be loaded in a safe, substantial and workmanlike manner, for the sum
of five cents per standard log, to be paid them by the party of the first part, provided, however, that
cars be furnished them and handled by the said Mohawk and Malone Railway Company without
unreasonable or unnecessary delay, said parties of the second part agreeing to load per day as many
as two train loads of twenty cars each, provided they are so directed by the said Webb. It being
understood that at least twenty cars are to be furnished them each day while shipping.

For the performance of the services above provided for the party of the first part agrees to pay to
the parties of the second part the sums aforesaid as follows, viz. : forty cents per nineteen inch standard
log to be paid when the logs are cut and skidded and the roads cut in proper shape for drawing to the
points of delivery, and the balance when the logs are delivered by the parties of the second part at the
several points of delivery.

FISHERIES, GAME AND FORESTS. 443

The party of the first part agrees to pay for and furnish all the necessary side tracks.

The scaling and marking of said logs is to be done at the expense of the said party of the first
part, but not without the presence and assistance of a scaler, if desired, who shall be either selected
or approved by the parties of the second part.

It is expressly agreed and understood that the party of the first part may have at any and all times
an inspector who shall have free and unobstructed access for the purpose of inspection to all the
lumber works and to all lumber camps, barns and their contents, and the parties of the second part
agree to board said inspector at said lumber camps free of charge.

The parties of the second part agree to complete the cutting and delivery of the timber herein
referred to within one year from June ist, 1895.

It is agreed and understood that the covenants and agreements herein contained are joint and
several on the part of the parties of the second part ; and the covenants and agreements herein con-
tained bind the heirs, administrators and executors of each of the parties thereto.

In Witness Whereof the parties hereunto set their hands and seals the day and year first
above written.

Signed, sealed and delivered in the presence of

W. SEWARD WEBB. [l. s.]

MOYNEHAN BROS. [l. s.]

PATRICK MOYNEHAN. [l. s.]
DENNIS MOYNEHAN, Jr. [l. s.]

State of New York, \
County of Franklin, \

On this 3d day of October, 1895, before me, the subscriber, personally appeared William Seward
Webb, to me known and known to be the same person described in and who executed the foregoing
instrument, and he duly acknowledged that he executed the same.

Edward J. Deneen,

Notary Public.

State of New York, |
County of Albany, \

On this first day of October, 1895, before me, the subscriber, personally appeared Patrick Moyne-
han, to me known and known to be the same person described in and who executed the foregoing
instrument, and he duly acknowledged that he executed the same.

John F. Huber,
Notary Public, Albany County, N. V.

State of New York, )
County of Albany, ) ' '

On this first day of October, 1895, before me, the subscriber, personally appeared Dennis Moyne-
han, Jr., to me known and known to be the same person described in and who executed the foregoing
instrument, and he duly acknowledged that he executed the same.

John F. Huber,

Notary Public, Albany County, N. V.

'F."

This Indenture, made this day of in the year of our Lord one

thousand eight hundred and ninety between William Seward Webb and Eliza Osgood Webb,

his wife, of the City, County and State of New York (the said Eliza Osgood Webb joining in this
conveyance for the purpose of releasing her inchoate right of dower in and to any of the lands herein
conveyed), and the Ne-ha-sa-ne Park Association, a domestic corporation created and organized under
the Laws of the State of New York, parties of the first part, and The People of the State of New York,
party of the second part.

444 REPORT OF THE COMMISSIONERS OF

WITNESSETH, that the said parties of the first part for and in consideration of the sum of six
hundred thousand dollars ($600,000) to them in hand paid by the party of the second part, the said
six hundred thousand dollars being paid as follows, viz. : fifty thousand dollars ($50,000) in cash upon
the date hereof, and five hundred fifty thousand dollars ($550,000) in ten certificates of indebted-
ness of