5P V^^ ^ Ss © 5D 428 .04 S5 Copy 1 The Public Interest Involved in the Cornell Forestry Experiment BY EDWARD M: SHE PAR D New York P'ebruary, 1904 CONTENTS. Page. Notes upon the Public Interest Involved in this Forestry Experi- ment 5 Extracts from President Roosevei,T's Address upon Forestry and Foresters 20 History of Forest Engineering in the United States, by R. \V. Raymond 21 Letter, Professor R. W. Raymond 25 Editorial, A^. >'. Evening Post, Feb. 20, 1902 26 Editorial, N. V Evening Post, June 6, 1905 27 In exchange a . MAY 16 1913 PREFACE The following notes were prepared for and submitted to the Attor- nej'-General of the State of New York in connection with a legal argument against the " application of Eric P. Swenson to bring suit to have the title to 30,000 acres of land purchased by Cornell Univer- sity vested forthwith in the name of the people of the State of New York and to abrogate the contract between Cornell University and the Brooklyn Cooperage Company." Briefly the history of the case is as follows : By law enacted in 1898 (chap. 122) Cornell University was invited by the State to carry on an experiment for the demonstration of for- estry methods on a tract of land purchased by the State and deeded for thirty years to Cornell University for that purpose. To carry out this demonstration or experiment, and also for the purpose of giving instruction in forestry, the State instituted the New York State Col- lege of Forestry under the direction of the Trustees of Cornell Uni- versity. . For the maintenance of the College an annual appropriation of $10,000 was provided. For the carrying out of the demonstration a working fund of $30,000 was provided, and by laws 1900 (chap. 419) the income from the forest management was also to become available for conducting the experiment ; it being expected that by the sale of the harvested crop enough revenue might be secured to pay for the management, the planting of waste areas, and, where necessary, of logged areas, and for other improvements. In other words the exper- iment was to be conducted on business principles and to become self supporting. Operations in the demonstration area or College Forest were begun in 1899 by surveying and districting the forest, securing the necessary data for management, establishing nurseries for the growing of plant material, and planting some waste areas. In 1900 a contract was made between Cornell University and the Brooklyn Cooperage Com- pany for the sale of the wood that migljt be cut in the College Forest under forest management, and logging operations were begun. In 1902 Mr. Eric P. Swenson, owner of a summer home adjoining the College tract, being annoyed at the proximity of the logging operations, raised the question of the constitutionality of this State enterprise before the then Attorney-General, basing his objection upon the clause in the Constitution which forbids the cutting of trees on State lands and upon other points. The Attorney-General decided adversely to the petitioner. In 1903, a new Attorney-General having come into office, Mr. Swenson renewed his petition, which is at present still pending. In answer to this petition to set aside the State's experiment, Mr. Shepard, on behalf of the Brooklyn Cooperage Company, prepared a brief and accompanied the legal argument with a general discussion of the propriety of the State's enterprise, which being of general public interest, is here reprinted. Meanwhile the Governor has vetoed the appropriation which the Legislature at its last session voted for the maintenance of the College, thereby destroying the technical agency which was to conduct and supervise the forestry work. The logging operations being re- quired under valid private contract between the University and the Cooperage Company are, however, continued without such super- THE PUBLIC INTEREST INVOLVED IN THE CORNELL FORESTRY EXPERIMENT. The prohibition of the constitution prevents any cutting of timber, whether for illustrative education or for profit, or for any purposes upon the Adirondack or Catskill lands now owned by the State. The constitution requires that the lands be kept, " wild," that is to say, free from artificial cutting or planting or care. In other words, the constitution of the State forbids any practice of forestry in its own forests, and requires them to be kept as a perfectly natural park or pleasure ground. Therefore it is that, if the State, — for the sake of its enormous industrial interests involved and because of peril to those interests already commenced and certain to increase from year to year, — is to conduct a forestry experiment at its own expense, it must arrange for the experiment upon lands not owned by the State, or, at least, not yet owned by it. Upon sound public policy, it would seem to be perfectly consistent with this legal necessity that the State should do what it has done here. That is to say, — by contract pro- cure a private owner to conduct the experiment on his own lands, and in consideration of such experiment under State auspices and of an agreement at the end of thirty years to convey the land to the State, — the State to provide such private person with the means of purchasing the lands. It is easy to show that it has been, and still is, both the policy of this State and its interest, — either in this way or in some way equally effective, — to promote knowledge of the art of forestry. It is, of course, obvious, — whatever inconsistent and careless ex- pressions may be found on the part of those not expert, — that the art of forestry means the provision of a timber supply. The maintenance of the State lands on the Adirondack plateau in a " wild " condition is not forestry. It is the maintenance of a park or a pleasure ground, or what is well called by the experts a "luxury forest." It ministers to the pleasure of large numbers of citizens ; and doubtless the forest, though thus kept as a wild pleasure ground, protects the head waters of the Hudson and other streams. But neither a park use nor the protection of water sources requires practice of the art of forestry. The mere maintenance of a police to prevent timber depredations and the kindling of fires, and to suppress conflagrations, is not forestry. In the consideration of this problem, it is of first consequence to real- ize that true forestry is the art of securing a permanent timber supply of the highest practicable character from the tract of land upon which the art is practiced. This was very well put by President Roosevelt in his recent address before the Society of American Foresters, por- tions of which will be hereafter quoted. He then said that " the very existence of lumbering, of course, — and lumbering is the fourth great industry of the United States, — depends upon the success of our work as a nation in putting practical forestry into effective operation." That is to say, the end of the forestry art is the permanent promotion of the great national industry of lumbering. It is concerned with the best and most economical production of trees for industrial consump- tion, that is to say, to be cut for lumbering purposes. Fortunately for considerations of natural beauty and the protection of water sources, such perpetual supply of timber to be cut for lumber necessi- tates the maintenance of great standing forests, since the trees which are to be cut must, in order to meet the requirements of the lumber- men, have an age of at least from fifty to one hundred j'cars. The area of the forest land covered by standing trees must always be so many times greater than the forest area cut over and not yet again covered with growth, that the latter area will be relatively unimpor- tant. The art of forestry is new to America. It is here understood as yet by only a few and far-seeing men. Until lately, the existing natural supply of standing timber was assumed to be inexhaustible. It seemed unnecessary, therefore, to invest either capital or labor to aid the growth of forest trees, although it was plain to every one that capital and labor ought to be, and might profitably be invested in the systematic planting of fruit trees. Of late, however, the nation has been responsibly warned that it is perilously near an exhaustion of its timber supply, and that vast national industries of the next generation are seriously involved in the peril. Timber will have to be treated as a crop ; and forests will have to be cultivated as carefully as orchards or vineyards or gardens or grainfields. The one significant difference between agriculture and 5z7t'zculture is the greater lapse of time in the latter between planting and harvest. It is a wholesome general rule, under a democratic government like ours, that private capital and wisdom ought to be, and will be, supplied to meet the necessities of private industries, future as well as present. But in forestry there is an exception. The future timber supply or crop cannot safely be left to mere individual initiative, and for the plain reason that there cannot, under existing American con- ditions, be any immediate returu to private capital or private labor from an investment in the planting of forest trees. The very many years required for the growth of a forest tree, equalling or exceeding the lifetime of a middle-aged man, — the absence of American pre- cedents in the forestry art, — and the relatively quick returns to capi- tal in other and ordinary investments, — all these effectually deter private persons and private capital from undertaking the planting of forests. So it is that, — even in our democratic republic, and not- withstanding our wholesome dislike of extending governmental functions, — it will have to be conceded that the promotion of the forestry art is of necessity a public function. It is the government, and only the government, which can effectively protect the future of our national industries and of the nation itself from danger of timber famine which will not become present and practical for fiftv or seventy-five or one hundred years to come. Now, all these truths have been of late distinctly and authorita- tively recognized by the State of New York, the richest and most powerful of American commonwealths and one having industries enormous and diverse. The present application invites the Attorney- General to attack this declared policy of the State, and, in so doing, to strike a blow at its permanent interests. Mr. Swenson, and the others who support this attack, insist that it is the interest of the State at large expense to maintain a forest park for the recreation of such of its citizens as are able to pay the cost of an outing in it. Nor do we criticise their view. We concede that such a park will be useful. We assert, however, — what Mr. Swenson and his associate proprietors of Adirondack camps do not see, — that it is Jvastly more to the interest of the State of New York and of its great industries, and of its laboring masses, to promote for the next generation, and for the generations thereafter to come, the use of its natural forest lands for a perpetual timber supply, and to preserve the State, — and to help preserve the nation, — from the very great calamity of a failure of their timber supply, by now and in time providing for its renewal. In so doing, the water sources will likewise be protected. Mr. Swenson and his neighbors do not see that the 1165,000 thus far appropriated by the State for the pnrpose of an example and illustra- tion of creative or reproductive forestry and the dedication to it of a relatively small tract of land, — the 30,000 acres of the Santa Clara tract are less than 2 per ceyit. of the area of the Adirondack Jorest, — are but a beginning, and a small beginning, of what the State of New York should do, and inevitably will do, in this enlightened cause. I ask the Attorney-General briefly to consider, — First, the lumber necessities of the United States and of its industries. Second, the limited present supply of standing timber and the approaching danger that, without artificial reproduction, the supply will be exhausted. Third, the ability of the forestry art, as Cornell University has in- tended and begun to illustrate it upon the 30,000 acre tract in ques- tion,— to meet the danger of timber exhaustion, and to provide a per- petual and inexhaustible supply. Fourth, the definite adoption by the State of New York of the public policy of promoting the forestry art, — and for the reason that, under existing American conditions, this cannot safely be left to private capital. 1. Lumber Requirements of the United States. According to statistics given by the census of 1900 the yearly value of the reported output of sawmills, planing mills and timber camps -was 1566,832,984 and the quantity of sawed lumber 35,084,166,000 feet B. M. Census figures for such products are always more or less de- fective, and are deemed by experts below the truth ; so that, for prac- tical purposes, we may round the figures off upwards, namely to 600 million dollars and 40 billion feet. By processes of manufacture the value of this raw product is increased to at least twice the amount,*' so that the annual forest supplies of the nation in their industrial value represent approximately 1,200 million dollars, an amount prob- ably not less than the annual amount of all the mining products and metal manufactures of the United States. ( Table LX/, 12th Census Report, Vol. II, p. clxiv. ) Tt) this enormous amount, which represents only the materials used in the arts, must be added the value of fuelwood. Tbis is not ascer- tained by the census of 1900 ; but, on the basis of the census statistics of 18S0 when account was taken of the fuelwood consumption, it has been estimated to have amounted together with fencing material in 1S90 to 450 million dollars*^ raising tlie value of our annual consump- tion of forest products to over 1,650 million dollars. The 40 billion feet B. M. of sawed and manufactured material may be correctly estimated to represent 7 billion cubic feet of round ma- terial*^ as it grows in the woods, while the fuelwood, fencing material, etc., represent over 18 billion cubic feet. The former requires the straight, large-sized, branchless bodj'wood of trees, which goes into logs and which, in the natural forest, requires for development not *' This statement is based upon a calculation on the basis of the Census of i8go in " Economics of Forestry '' by B. E. Fernoiv, p. 427. "^"^See ''Economics of Forestry,'" p. 428. *'* See ''Outlook for the Timber Supply of the United States,'* Forestry Quarterly, Vol. i, Nos. 2 and 3. less than one hundred and fifty to two hundred years, and in the foresters' forest from eighty to one hundred and twenty years. Since, according to the census statistics the average stand per acre in the better class of forestland, owned by lumbermen, throughout the United States is 6,700 feet B. M., the lumber supply alone requires annually the cut of about 1,000,000 acres. Although much of the fuelwood might be cut from the same acreage, it largely is not so se- cured ; and, assuming a stand of 40 cords per acre, the additional cut of 4,000,000 acres is required to furnish this item of our wood con- sumption. Altogether 5 million acres must therefore be cut annually to supply the present wants of the industries of the American people.** Since, with the increase of population, the use of materials increases, it is not likely that the consumption, which now represents about 350 cubic feet per capita will soon diminish. Indeed, the census statistics show that "while the population in the last fifty years grew by 228 percent., its lumber bill during the same period grew by 840 per cent."** . And, as has been recently shown, all industrial nations have during the last forty years increased their per capita wood consumption from year to year by from 5 to 10 per cent.*' The census statistics show a greater increase for the United vStates ; and it is well within reason to assume that the increase of industrial activity and the growth of civil- ization have had and will have the same tendency in our country as in European nations, that is to say, to bring an increase in wood con- sumption in spite of substitutes. One other point of highest importance is brought out in the census statistics *^, namely, that as far as lumber supply is concerned, the conifers (pine, spruce, hemlock, cedar, etc.) furnish three-quarters of our consumption and hence are the most important factor in the pro- vision of lumber for American industry. 2. Available Timber Supplies. The question, IV/iat are the American resources to meet the grow- ing American demand for wood products, is not as readily answered as the question of consumption ; for the necessary statistical data are scanty. It is only possible to make a calculation upon probabilities. This has been done in detail by Prof. Fernow in chap XI of his work on "Economics of Forestry," on p. 38. In quoting this work of Prof. Fernow we feel bound to commend it to the Attorney-General as an able and trustworthy treatise. No educated man, — certainly no edu- cated man who has a general knowledge of industrial and agricultural **'See '^Economics of Forestry,'' p. 480. *^See '■'Economics of Forestry,'' p. 482. conditions in our country, — can read the book otherwise than with intense and sustained interest. It is by far the best and most impor- tant work on forestry which deals with American conditions. Prof. Fernow concludes that, at best, not more than about 2,000 billion feet of timber ready for the axe and satisfactory for logs with our present standards are at hand ; and that this means a supply suffi- cient to meet our present requirements for fifty years, but, if the same annual rate of increase in consumption continues, not sufficient for thirty years. The census compiler, making similar calculations, comes to about the same result as to the amount of standing timber.*^ But, as regards the coniferous supply, which, as has been stated, is the most important, furnishing three-quarters of American consump- tion, neither authority makes the stand more than 1,100 billion feet,*' which, even if present requirements shall not be exceeded, must be exhausted in less than forty jears. Nor can permanent relief be had by importation from other coun- tries. Their present product is required for their own consumption or the consumption of other countries. Canada alone is to be considered, the South American continent being almost entirely deficient in coniferous supplies. Clearly, therefore, relief must come either, first, from reduction in the consumption of American industry, or, secondly, by reproduction of the haryest. The former relief is most difficult, perhaps impossi- ble, to accomplish, except as it shall come about through increase in wood prices as the situation shall become fully known and realized. Such a relief would in reality be no relief, for it would consist, not in solving the difficulties and hardships of inadequate timber supply, but in bearing those hardships, as other and at present less favored na- tions and peoples have to bear them. The only alternative relief is to be accomplished by the introduction of industrial forestry. 3. Forestry Practice. There remains, therefore, no doubt that American industry has reached that stage of development when artificial reproduction of timber must be begun. The American nation, as it grows old and densely populated, must adopt the same means of securing timber supply which other civilized nations have been forced to adopt. In other words, the American people must come to the practice of true or industrial forestry. If sooner, then better, more cheaply, and with less disaster to succeeding generations. If later, then with more disaster, — and indeed very great calamity, — to those who are to fol- low us. *^See note page 8. II It needs no argument to show that a permanent timber supply can be practically secured only bj' harvesting and at the same time per- petuating the forest, — preserving it as all life is preserved, namely, by reproduction. In other words, forestry^ is the art of producing w'ood crops, as agriculture is the art of producing food crops. Since, how- ever, trees grow naturally and without the aid of man, it might be suggested that nature left to itself will reproduce the forests. So it does; but it produces not only the kinds which we desire the most, but as freely, — and to the exclusion of a large part of a true timber crop, — the kinds which are useless. So in agriculture we know that nature left to itself produces w-eeds as readily as useful vegetables or grain. Nor does unaided nature produce as amply as does aided nature, the quality of the timber required. Nor does unaided nature economize in time of production or attempt the maximum quantity. It is only under the guidance of man that nature will produce out of the earth the largest amount of any useful material in the shortest time. And that is, for timber, the aim of forestry. Such reproduction of timber can be secured in various ways. The forester may direct nature so that it shall reproduce from the seeds of older trees, which for a time are left standing as mother or seed trees. Or the forester maj' use the simpler, surer, swifter method of harvest- ing the old crop entirely and replacing it by a planted crop, as the farmer does. Which method is to be emplo)'ed depends, so the ex- perts tell us, upon a large number of technical details and financial considerations, which cannot usefully be considered here. It is clear, however, even to the layman, that, where nature does not provide the kind of trees which the forester desires in the old stand, only the last method, that of artificial reproduction, can be applied. The Federal Bureau of Forestry, for instance, is busily engaged in the makinj, of "working plans," which are based in most cases on the theory of securing the perpetuation of the forest by natural seed- ing. They prescribe a diameter below which trees are not to be cut. That is a conservative method of utilizing the present supplies, since it forces the owner, as it is claimed, to leave unused portions which otherwise he would for an immediate and lesser profit use prematurely. But the motive there is financial gain to the proprietor. He is told that, by waiting, his trees will grow to better values. But from the standpoint of silviculture, that is, the art of wood cropping for the future, there is much to be said on the other side. Certainly as long as undesirable species are left on the ground to compete for soil, light and air with the new progeny, the reproduction of the valuable species can only be partially successful. Into these expert differences of detail we cannot, of course, enter 12 here. The very purpose of the State in establishing a College of For- estry at Cornell and of equipping it with a considerable tract of land for its necessary experiments was to help public sentiment reach con- clusions as to what must be done under American conditions. The details had to be left to experts. The Brooklyn Cooperage Company ver}' certainly had every right to suppose that, in this matter, Cornell University would follow the advice of the most trustworthy expert to be had. It is open to no doubt whatever that Cornell's appointment of Prof. Fernow to the head of its forestry college was generally rec- ognized as most natural and suitable. In this field he was one of the first experts,— very probably the first, in our country. Under the contract in question the Company subjected itself to the forestry reg- ulations which might be prescribed by Cornell University. We take it, therefore, that the Attorney-General will not go into the question whether one method or another method of practicing forestrj' upon the Cornell tract is the better. Very certainly the legislature and the Governor originally meant to leave the determina- tion of such technical questions to those who were trained to the work. The very odd suggestion which seems to have been hospitably received in some public quarters, that the practice of forestry on the Cornell tract must proceed without cutting down trees is paralleled only by the famous requirement of the lady who bade her daughter learn to swim, but forbade her to "go near the water." Before leaving this matter of the method of procedure upon the Cornell tract, — irrelevant as it clearly is to the question before the Attorney General, — we feel bound, however, to add that there seems to be great and apparently irresistible force in Prof. Fernow's answer to the criticism upon the methods followed by Cornell. He has pointed out that this was not a forest to be maintained for money profit like the great government forests in Germany or the Biltmore estate forests in North Carolina, but that it was a "demonstration forest " upon which Cornell University was under agreement with the State to conduct operations for the instruction of its pupils in forestry. The University was required by the State, as is pointed out in the accompanying brief upon the law, to secure an immediate income from the land, possible only by cutting ; and for the proceeds of such cutting the University was to render an account. The Federal Bureau of Forestry was engaged upon a demonstration of the value of the negative forestry policy, that is to say, of letting the forests, while standing, propagate themselves. All the more on this account Cor- nell University, if it were to secure tbe maximum educational use from its forests, had to demonstrate the value of a positive forest policy, that of replacing an old and very mature group of less valua- 13 ble species by a more valuable young group of more desirable species. The criticism that the College had not replanted the entire acreage already denuded or made ready for replanting is offered in apparent ignorance of the fact that the College was deprived of the revenue which was necessary. Its revenue received from the Cooperage Com- pany was insufificient. The College reasonably counted upon a con- tinuance of the State aid which had been morally promised. 4. The Forest Policy of the State. The interest of the State of New York in promoting the art of for- estry goes back many years. Gov. DeWitt Clinton, in his speech to the State Senate on January 2, 1822, said [Governors' Speeches, Ed. of 1825 at p. 190): " Our forests are rapidly falling before the progress of settlement ; and a scarcity of wood for fuel, ship and house building and other useful purposes is already felt in the increasing prices of that indis- pensable article. No system of plantation for the production of trees and no system of economy for their preservation has been adopted and probably none will be until severe privations are experienced." In 1872, upon the urgency of Ex-Gov. Horatio Seymour, a states- man to whom this Commonwealth is under an infinite obligation for Jiis many wise and far-seeing appeals on behalf of its permanent interests, a Slate Park Commission was appointed to deal with the question of constituting a State park out of the wild lands north of the Mohawk. It was not, however, until 1884 when the problem was seriously taken up by a State Commission, of which Prof. C. S. Sargent was chairman and Messrs. D. Willis James, William A. Poucher and Edward M. Shepard were the members. In 1885, after a careful examination of the Adirondack region and a prolonged consideration of the subject, that Commission recommended to the Legislature the establishment of the Forest Preserve and other legis- lation looking to the establishment of a State forest. The legislation drafted by this Commission was not fully enacted ; but the general policy which the Commission recommended was initiated, and later developed ; and, with some modification, it is to-day the policy of the State. The act of 1885 established a permanent Forest Com- mission. Obviously, the first duty of the State and of its Forest Commis- sioners was to reduce to the utmost the reckless cutting of timber, and for this reason above all others, that there was no provision for the reproduction of the forest. It was, however, impossible for any one to perceive that — however beneficial and useful a recreation or luxury forest might be, and however serviceable to the protection of 14 the sources of the Hudson — the forestry problem for a great indus- trial community like New York was much larger, and that it was of momentous importance to the State to demonstrate that forest lands could be so treated as that, in general, the forest cover would be preserved, while, at the same time, the land would yield from genera- tion to generation the valuable and necessary crops of trees. Therefore it was that the Forest Commission, in its report for 1890 {p. go) said : "Your Commission is fully apprised of the prejudice that exists in many quarters against felling trees of any sort and under any circum- stances in the Adirondack forest. Considering the manner in which trees have been heretofore cut and the devastation that has been wrought by crude and thoughtles'- methods, this prejudice is not surprising; nevertheless, it is a prejudice. ' Woodman, spare that tree' is poetical ; but it is not business-like when we talk of forestry. No scheme of forestry is complete that does not contemplate the preservation and cultivation of timber for the sake of wood to be used for merchantable purposes ; and the merest tyro in the school of for- estry knows that mature trees for timber purposes can be cut to the pecuniary advantage of the owner and still leave the forest intact so far as regards all that is included in scientific forestry which has re- gard to our water supply for industrial and agricultural purposes, to our future supply of timber and to sanitary ends. '•' * * Forestry is not opposed to having trees cut down in the proper way ; they must be cut to supply the world with timber." Even as early as 1884 the first Forest Commission (Messrs. Sargent,* James, Poucher and Shepard) in its report to the Legislature on a proper forest policy, said [p 22) : "The manufacture of lumber cut in the Adirondack woods and the gathering of other crops of the forest is a valuable and important in- dustry to the State. This business employs a considerable capital and a large number of men, both in the woods and in the manufacturing centres located on the banks of the principal streams flowing from the Adirondack Plateau. It is needless perhaps to point out that the life of ihis business is also dependent upon the life of the forests, and if these are destroyed this whole business will disappear and the capi- tal now invested in the mills and tanneries engaged in manufacturing the products of these forests will be lost. In this connection, tnore- over, it must be borne in mind, that lumber becomes everj' year more difficult to obtain throughout the world ; that its value in future must increase in at least the same proportion as it has increased in the past quarter of a century ; and that the advantage from a purely commer- cial point of view, of retaining in permanent forest, regions adapted to produce forests and nothing else will be greater as the value of for- est products advances under the stimulating influence of increased de- mand and decreased supply. "The Adirondack region, if the experience of other countries in forest management teaches anything, could be made to maintain and increase, under a wise and comprehensive policy, the annual output of lumber without serious injury to the forests as reservoirs of moisture or as health resorts for the people ; and it is clearly in the interests of the 15 owners of forest property as well as for the people of this State, to en- courage the adoption of any system of management which will ensure such results." Governor Hill, in a special message asking the Legislature to ap- point a Commission, said to the Legislature on 20th January, 1890 [Public Papers, p. 52) : "I think the Adirondack forests, instead of being an expense and burden to the State, are capable, under the liberal policy here sug- gested, of paying all the expenses of their preservation as well as of yielding a handsome revenue to the State." In its report for 1891, (/>. i*/) the Forest Commission said : "The original idea (the establishment of the Adirondack park) called for forest preservation with reference only to protecting the head waters of our rivers and providing a future economic and per- petual timber supply. But lately the acquisition has been demanded by the public for a necessary and healthful pleasure resort, and the original movement has become largely subordinated to the latter one. " Gov. Flower, in bis memorandum filed with Assembly Bill No. 1422 to establish the Adirondack Park, said {Public Papers, i8g2,p. /go) : " Eventually the State preserve ought to pay the expense of its maintenance from the judicious sale of timber and the leasing of small parcels of land to individuals for the establishment of small homes under proper regulations." In his message to the Legislature of 1S93 Gov. Flower said {Public Papers, p. 38): " The establishment of a great forest preserve could be made to pay all or a large part of its cost under intelligent and wise legislative super- vision. Without injury, but, rather, with benefit, the Slate could ac- quire considerable revenue by granting permission to fell trees above a certain diameter on State lands." So in Gov. Flower's address of welcome to the American Forestry Association at Albany on i6th March, 1894 {Public Papers, p. j/o) : " Following the ideas and suggestions which have been promulgated by the forestry experts belonging to your association, we intend that our forests shall not only protect our water supply and thereby our agricultural and commercial interests and furnish summer homes and sanitariums for our people, but they shall at the same time yield a revenue which shall pay the cost of maintenance and a handsome sum besides." The revised Forestry Act of 1893 {Chap. 332 of the Laws 0/1893) expressly authorizes the sale of timber. Sect. 103 is as follows : "Sale of timber on forest preserve. The Forest Commis- sioners may sell any spruce and tamarack timber which is not less than twelve inches in diameter at a height of three feet above the ground standing in any part of the forest preserve, and poplar timber of such size as the Forest Commission may determine ; and the pro- i6 ceeds of such sales shall be turned over to the vState Treasurer, by •whom they shall be placed to the credit of the special fund estab- lished for the purchase of lands within the Adirondack park." In its report for 1897 [p. 343) the Forest Commission pointed out that no contracts for the sale or cutting of timber had been made and that none had been sold or cut ; and it added : " Having obtained forest control, the testhetic advantages which have hitherto entered into this matter to the exclusion of the main qriestion of future timber supply and State revenues, will be in