Proceedings of the second National Conservation Congress at Saint Paul, September 5-8, 1910

by United States. National Conservation Congress

The attitude of this Association with reference to the bearing of the Constitution on the subject of roads in the Forest Preserve is that if good roads be necessary to keep the forest lands as "wild forest lands," in the words of the Constitution, they should be allowed. An opinion of Attorney General O'Malley, given to the Forest, Fish and Game Commissioner on or about June 22, 1910, however, has been interpreted to mean that no roads can be built on Forest Preserve land under the Constitution. The question was raised by the Superintendent of Roads in Franklin County, who asked permission to use stone from a ledge of rocks on neighboring State land for road purposes, promising not to cut away any timber or otherwise damage the land. In his opinion, the Attorney General said in part, "It was clearly the intent of the framers of the Constitution to preserve the lands constituting the forest preserve in their natural state, and therefore you have no authority to permit county officials to use the stone in the ledge referred to." In order, however, plainly to authorize the construction of highways in the Adirondacks, our Association caused two alternative propositions to be introduced in the Legislature of 1910. One was in the form of a bill providing that when validated by an amendment to the Constitution it should be lawful to construct upon State lands in the Forest Preserve any of the State highways described in section 120 of Chapter 330 of the Laws of 1908, and any of the county highways designated upon a map already prepared by the State Engineer and Surveyor, as provided by law and approved by the Legislature by Chapter 715 of the Laws of 1907. The bill limited such highways to a width of 4 rods, provided that they should be built and maintained under the supervision of the State Highway Commission, and imposed certain other conditions with reference to keeping the highways clean, removing inflammable material, the exclusion of railroads, the public inspection of maps of routes, etc. This bill, if enacted, was not to become effective until validated by an amendment to section 7 of Article VII of the Constitution specifically referring to it by chapter number and year.

After that bill was introduced it appeared that the same end might be attained, without becoming complicated with other questions relating to section 7 of Article VII, by amending section 12 of the same article referring to Highways. We therefore caused to be introduced a Concurrent Resolution to amend section 12 of Article VII of the Constitution by inserting after the first sentence these words: "Any county having part of the forest preserve therein shall receive its equitable apportionment of highways. Highways within the forest preserve shall be opened or improved in the same manner as other highways in the State, except that they shall not be laid out to a greater width than 100 feet or improved for a greater width than other highways in the State under similar conditions." But this proposition, so highly desired by the State Highway Commissioners, by the Forest, Fish and Game Commission, by the local communities in the Adirondacks, and by the visitors to the Adirondacks, was smothered in the Ways and Means Committee through the opposition of the Chairman, who was also the majority leader in the Assembly, who is financially interested in water-storage, and who was evidently determined that no legislation beneficial to the Adirondacks should be passed until the private interests which he represented had secured what they wanted in the way of permission to build storage reservoirs on State lands. For this reason, then, forest conservation by road building is at a standstill.

5—Replanting of Denuded Areas. Constructive forest conservation, that is to say, the building up of new forests to take the place of those removed, has made some progress in New York, but not so rapid as could be wished. The fault has not been that of the Forest, Fish and Game Department, but of the Legislature which has not furnished the means for the liberal prosecution of this work. The State has good nurseries and expert help, but lacks means to prosecute this branch of its work in the manner which its importance warrants. Fortunately, private owners are taking up the subject of replanting effectively. The International Paper Company, for instance, has adopted the policy of tree-planting to renew its crops, and has a large nursery at Randolph, Vermont, from which it is distributing young plants to different sections of the country, including the Adirondacks, where it owns and controls lands. Within the limits of the Adirondack Park there are about 120,000 acres of State land which should be replanted, and in the Catskill Park about 30,000 acres. As to the cost of replanting: last year the Forest, Fish and Game Commission sold about 1,000,000 trees to 180 private parties for reforesting, and a careful analysis and average of their reports by the Forest, Fish and Game Commissioner indicate that reforesting cost these parties, including cost of stock, expressage, and labor, $8.50 an acre. We are informed that the State could reforest to advantage from 2,000 to 2,500 acres a year, and could supply material for planting at least 30,000 acres a year on private land.

The importance of conservation by reforestation becomes apparent when one takes into consideration the relative rates of forest removal and forest reproduction. In the United States at large, we take from our forests each year, not counting the loss by fire, three times their yearly growth. We take 36 cubic feet per acre for each 12 cubic feet grown. We take 230 cubic feet per capita, while Germany uses 37 cubic feet and France 25 cubic feet. In the State of New York we are cutting away our trees five times as fast as they grow, and at the present rate of denudation, the State will be rendered practically barren of forest growth—except in the Forest Preserve—within 20 years, unless there is a decided change in the proportion between tree-cutting and tree-planting.

6—Tree Destruction by Flooding. A source of tree destruction of no inconsiderable extent in the Adirondacks in years gone by has been flooding by lumbermen's dams. The seriousness of this phase of the forest question has been greater than the area of destruction might indicate, for the reason that, in addition to the loss of the trees killed, unsightly and unhealthy conditions have been produced which have robbed certain regions of important elements of value. Prior to the adoption of the Constitutional Amendment of 1894, which prohibited the removal or destruction of timber upon the lands of the Forest Preserve, it had been the practice for nearly fifty years to build dams in the Adirondack region either for the purpose of driving logs or in connection with canal feeders. Those were days of prodigality, when the great North Woods stood in almost their pristine condition, and when the lumbermen, in the presence of thousands of square miles of luxuriant forests, thought nothing of killing thousands of trees by drowning. Almost every dam, therefore, that was built in the woods, set back the water upon forest land and killed trees. A dam built at Forestport in 1848 and subsequently enlarged killed so many trees that the State had to appropriate thousands of dollars simply to remove the dead trunks. About 1879 the State built a dam at Old Forge on Moose river, which is the outlet of the famous Fulton Chain of lakes, and subsequently built a dam at the outlet of the Sixth lake of the chain. These dams raised the water in the various lakes from one to six feet, blighting the adjacent timber and producing a scene of desolation the vestiges of which are still evident after a lapse of thirty years. In 1886 and 1887 the State built a dam on Beaver river at Stillwater, raising the water 9 feet. Great areas of timber land for a distance of 20 miles were flooded and the trees killed. The whole basin became filled with a tangle of drift-wood; great swamps were created beyond the flow line, springs were covered up and polluted, and the region rendered so unhealthy that land became unsalable. Lovely lakes and ponds were submerged, and favorite camp-sites obliterated; feeding grounds for game were destroyed; and hunting in that vicinity was ruined. The magnitude of the damage may be judged from the fact that one of the adjacent property owners, Mr Wm. Seward Webb, sued the State for $184,350 damages. The claim was settled by the State buying from the claimant 75,377 acres, including the damaged area, for $600,000. In 1865 the building of a dam was authorized on Oswegatchie river at the mouth of Cranberry lake; this dam created a reservoir of 13 square miles flooding thousands of acres of land, destroying large quantities of timber, and creating unsightly and unsanitary conditions. About 1882 a dam was built on Raquette river below the Tupper lake outlet, with the result that soon the region between Big Tupper and Little Tupper lakes looked as if some terrible blight had fallen upon it. The scene in 1893 is thus described in the Forest Commission's report:

The serious and extensive damage caused by the dam arrests the eye, presenting one of the saddest and most desolate pictures of destruction ever witnessed. No forest fire or devastating cyclone or ruthless axe of the charcoal burner ever wrought such ruin or left such a blasted scene as this. For ten miles the lands along the Raquette river are covered with the white and ghastly skeletons of the noble trees which once made this spot a sylvan paradise. The bare trunks, bleached by the sun and storm, the gnarled roots and gray, scrawny limbs thrust sharply forth, recall to mind one of Dore's pictures in the "Inferno." The traveler gazes on it all with amazement, and then gives vent to the strongest words that a righteous indignation can supply. And this was once one of the most beautiful rivers in all the wilderness.

Illustrations of this sort could be multiplied to show the spirit of indifference to tree destruction in the past, and conditions which are now forbidden to be repeated upon State land. The Constitutional Amendment adopted in 1894, prohibiting the destruction of trees in the Forest Preserve, was aimed at this evil among others, and has been one of the most valuable instruments in this State for forest conservation.

Water Conservation

The subject of water conservation in the State of New York presents five different aspects:

1—The development of hydraulic or electric power,
2—The improvement of commercial waterways,
3—Flood prevention,
4—Sanitation,
5—Domestic use.