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$$ 100-102

State Reservation at Niagara

L. 1909, chu 50

ARTICLE 9

STATE RESERVATION AT NIAGARA
Section 100. Commissioners.

101. Officers; treasurer's undertaking.
102. Powers and duties.
103. Purposes of the state reservation.
104. Removal of structures.
105. Gifts of property for purposes of the reservation.
106. Annual report; quarterly accounts.
107. Payment of moneys appropriated.
108. Certain lands included in reservation.

§ 100. Commissioners. There shall continue to be a board known as the commissioners of the state reservation at Niagara, consisting of five persons, residents of the state, appointed by the governor, by and with the advice and consent of the senate, and holding office for the term of five years. No member of such board shall receive any compensation for his services as commissioner, but shall be entitled to receive his actual disbursements for his expenses in performing the duties of his office. A vacancy in the office of a commissioner shall be filled by the governor and the person so appointed shall hold his office for the term of five year's.

This section was derived from the Public Lands Law of 1894, $ 90.
Appointment by governor and senate: see PUBLIC OFFICERS Law, $ 7.

Cited. This section was cited in Burke v. State, (1909) 6+ Misc. 558, 119 N. Y. S. 1089, in connection with the question of the liability of the state for negligence in the conduct of an inclined railroad on the state reservation at Niagara.

§ 101. Officers; treasurer's undertaking. The commissioners shall select from among their number a president, and shall appoint some person to act as secretary and treasurer. The treasurer shall give an official undertaking in such sum as the commission shall determine.

This section was derived from the Public Lands Law of 1894, § 91. Official undertakings generally: see PUBLIC OFFICERS LAW, 88 11, 12, 13.

§ 102. Powers and duties. Such commissioners shall:

1. Have the control and management of the state reservation at Niagara.

2. Lay out, manage and maintain such reservation and make and enforce ordinances, by-laws, rules and regulations necessary to effect the purpose thereof, and for the orderly transaction of business, not inconsistent with law, and shall, within ten days after the adoption of such ordinances, by-laws, rules and regula

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State Reservation at Niagara

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tions, publish them at least twice in some newspaper published in the city of Niagara Falls. Any person offending against any of said ordinances, by-laws, rules and regulations shall be deemed guilty of a misdemeanor and, on conviction, may be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding thirty days, or by both such fine and imprisonment.

3. Fix the price to be charged by drivers of public conveyances for carrying persons for hire within the limits of such reservation.

4. Appoint a superintendent and employ such other persons as may be needed, one or more of whom, to be designated by the commissioners, shall have the power and may perform the duties of a police constable in criminal cases.

5. Fix the compensation of the persons appointed or employed by them.

6. Pay into the treasury of the state on the first day of each month all receipts and earnings of whatever nature other than receipts from the state treasurer. No debt or obligation shall be created by such commissioners exceeding the amount of money's at their disposal at the time nor shall they or any of them or any other person have power to create any debt, obligation, claim or liability for or on accout of such commissioners except by their express authority conferred at a meeting of the commission.

7. Have power and authority to grant to the city of Siagara Falls a license to lar, construct, and maintain an overflow sewer or drain in, through, under and along the land of the state reservation at Niagara upon such conditions is such coumissioners may prescribe.

8. Have power and authority to grant to the city of Niagara Falls license to lay; construct, maintain and operate il water main and hydrants in, through, under and along the lands of the state reservation at Niagara, upon such conditions as such commissioners may prescribe.

This section was derived from the Public Lands Law of 1894, $ 92, and from L. 188.7, ch. 286. $ 3, the last sentence in subdivision ? being derived from the last citer statute The section was amended to read is above by L. 1912, ch. 2:36, which added subdivision S.

Commissioners as state officers.-- ('ommissioners of the state reservation at Niagara are state officers and not local oflicers as defined by section 2 of the Public Officer's Lalli Op. Attri-(ep. (1912) 113.

Highway Law as applicable to reservation. It has been ruled that the state reservation at Niagara does not come within the provisions of article 11 of the Highway Law, restricting local authorities in making ordinances in relation to the speed and operation of motor vehicles. Op. Atty.-Gen. (1911) 528.

Permit to guide in consideration of erection of rest house. It was ruled in Op. Atty-Girl. (19101921, that the commissionel's bad authority to give a permit to a Viagara Falls guide for a term of five years in consideration of the construction by him of in building upon the reservation to be used as a rest house.

Jurisdiction of reservation constables.- Persons employed by the commissioners to act as constables on the reservation at Niagara have the same

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State Reservation at Niagara

L. 1909, cha 50

jurisdiction in criminal cases outside of the reservation which constables and police constables have. Op. Atty.-Gen. (1889) 340.

§ 103. Purposes of the state reservation. The state reservation at Niagara shall forever be reserved by the state for the purpose of restoring the scenery of Niagara Falls and preserving it in its natural condition, and kept open and free of access to all mankind without fee, charge or expense to any person for entering upon or passing to or over any part thereof.

This section was derived from the Public Lands Law of 1894, § 93.

§ 104. Removal of structures. Such board shall sell and cause to be removed from such reservation all structures, machinery and materials thereupon belonging to the state, not required to afford free and convenient access to such reservation, nor for restoring the scenery of the Niagara Falls to and preserving it in its natural condition.

This section was derived from the Public Lands Law of 1894, § 94.

§ 105. Gifts of property for purposes of the reservation. Real and personal property may be granted, conveyed, bequeathed or devised to and taken by the state in aid of the purposes of such reservation, or to increase the same, and on such trusts or conditions as may be prescribed by the grantors or devisors thereof, provided the same be accepted or agreed to in writing by such commissioners. All such property shall be managed and controlled by the commissioners, and the rents, issues and profits thereof shall be turned into the state treasury, except where such rents, issues and profits were specifically devised or bequeathed to be used for a specific and definite purpose.

This section was derived from the Public Lands Law of 1894, $ 95.

Acceptance of real estate for purposes of revenue.—The power of the commissioners to accept through grant or devise real estate is not limited as to locality. Real estate may be accepted not solely for the purpose of enlarging the reservation but for the purposes of revenue. Op. Atty.-Gen. (1912) 113.

Cited.- This section was cited in Op. Atty.-Gen. (1910) 821, in connection with the construction of section 102. See supra, § 102 note.

$ 106. Annual report; quarterly accounts. The commissioners shall make an annual report of their proceedings to the legislature in the month of January, with a detailed statement of all their receipts and expenditures for the preceding fiscal year, and an estimate of the work necessary to be done, and of the expenses of maintaining the reservation for the ensuing fiscal year, with such recommendations as they shall see fit. They shall quarterly, on the first day of January, April, July and October of each year, send to the comptroller a detailed and itemized account of all receipts and expenditures, with subvouchers for the items

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thereof for the preceding quarter, and such accounts shall be verified by the commissioners or their treasurer.

This section was derived from the Public Lands Law of 1894, § 96.

§ 107. Payment of moneys appropriated.

Moneys appropriated for caring for and maintaining such reservation, and carrying out the provisions of this article, shall be paid to the order of the treasurer of the commission by the state treasurer, upon the warrant of the comptroller. No warrant shall be issued until the amounts claimed have been audited and allowed by the comptroller, who is hereby authorized to determine the same except that on the requisition of the treasurer of such commission the comptroller may advance out of the sum appropriated whatever moneys he deems necessary for the proper carrying out of the provisions of this article.

This section was derived from the Public Lands Law of 1894, § 97.

$ 108. Certain lands included in reservation. The lands of the state hereinafter described, and which lands were deeded to the state of New York by the Niagara Falls hydraulic power and manufacturing company, ils appears from a deed recorded in the Niagara county clerk's office August sixtecuth, eighteen hundred and eighty-six, liber one hundred and eighty-one, page three hundred and eighty-six, are hereby made it part of the state reservation at Niagaral, and shall be subject to the control and management of the commissioners of the state reservation at Viagara, the same as all other lands embraced within said state reservation. The said lauds are described as follows: Beginning at the northeast corner of the state reservation at Viagara is located and established December eighth, cighteen hundred and eighty-three, by the commissioners :ppointed for that purpose, in the south line of Bulalo avere formerly Bullalo street, from thence running east along the south line of the sail Butalo avenue twenty-five feet to the lands of the Niagara Falls hydraulic power and manufacturing company; from thence running south, nineteen degrees, forty-tive minutes, thirty-eight seconds east, along the lands of the said company, one hundred sund forty-four feet to it stone monument; from thence rmning south thirty degrees, thirteen minutes, thirty-eight seconds cast, still along the lands of the said company, two hundred und eighty-four feet: from thence running south two degrees ist, still along the lands of said company and along the westerly line of the lands of said company prodhiceed southerly to the boundary line between the United States of America and the Dominion of Canada; from thence westerly along the salil boundary line to the southeast corner of the state reservation at Niagara is located and established December cighth, eighteen hundred and eighty-three, by

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the commissioners as aforesaid; from thence running northerly along the easterly line of the state reservation established as aforesaid, to the place of beginning.

This section was derived from the Public Lands Law of 1894, § 97a, as added by L. 1905, ch. 508, § 1.

Cited.- This section was cited in Op. Atty.-Gen. (1910) 804, in connection with the question as to whether the state reservation at Niagara was a state institution, and persons employed thereon came within the provisions of section 3 of the Labor Law.

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