To the Legislature of the State of New York:

The Commissioners of the State Reservation at Niagara have the honor to submit herewith their annual report for the fiscal year ended September 30, 1907, as required by law.

RESIGNATION OF HON. ALVAH K. POTTER.

The personnel of the Commission remains the same as at the time of our last annual report, except that there is a vacancy caused by the resignation on January 30, 1907, of the Hon. Alvah K. Potter. Judge Potter was appointed by Governor Odell, November 27, 1903, to succeed the late Hon. Andrew H. Green, who died November 13, 1903, and during his term of service ably co-operated with his colleagues in the discharge of their duties.

SUMMARY OF YEAR'S WORK.

The principal incidents of the past year's administration are mentioned in the report of the Superintendent, appended hereto. Briefly summarized, there was an unusual storm in January, 1907, with its consequent damage; sundry repairs to bridges, railings, and buildings; the checking of landslides; the completion of the electric lighting system; the installation of an electrio heating system in the Administration Building; the removal of over-head electric wires; some slight additions to the working equipment; the construction of a drilled well on Goat Island; the construction of a new road and paths; a fatal accident at the Inclined Railway; a lesser accident at the Cave of the Winds; the illumination of the Falls from the Canadian side; the presence of a million visitors; and the usual routine work.

The financial affairs of the year are embodied in the Treasurer's report which is appended hereto.

THE INCLINED RAILWAY ACCIDENT.

The accident at the Inclined Railway on July 6, 1907, referred to in the Superintendent's Report, was a lamentable verification of the warnings which this Commission has given to the Legislature and its pleadings for an adequate appropriation to replace this antiquated means of communication between the upper level of Prospect Park and the edge of the river below. In our report to the Legislature of 1906 we frankly stated that the danger line of economy had been reached, and expressed the hope that means might be supplied to keep unbroken the previous record of safety to human life, so far as the elements within the control of the administration were concerned.

After the accident last July, the following communication took place between the Commission and the Governor:

NIAGARA FALLS, July 9, 1907.

Hon. CHARLES E. HUGHES, Governor, Executive Chamber, Albany, N. Y.: DEAR SIR. On Saturday, July 6th, at about noon, the large cable which pulls the cars up and down the inclined railway in the New York State Reservation here, broke, and the cars fell to the bottom of the incline at terrific speed. In the cars were five people, one of whom, a man, was so seriously injured that he died in the afternoon of the same day. The other persons, while more or less seriously injured, will, without any question,

recover.

So far, and after a careful examination, no specific reason can be given for the breaking of the cable and the accident happening.

In 1844, this inclined railway was installed by the original owners, long before the State of New York acquired the Reservation, and with changes in form of construction and materials, but not in principle, has operated ever since.

For the last two or three years, however, the Commissioners have felt that this method of carrying people up and down the steep bank of the river had become antiquated and unfit for handling the crowds that now come to Niagara.

Accordingly, the Commissioners asked the Legislature for money sufficient to replace the inclined railway building and structure with a modern station and elevator, but succeeded only in obtaining $25,500 from the legislature of 1906, and conditioned that the same should be used to replace the present inclined railway structure and underground waiting-room.

In 1905, at the request of the Commissioners, the State Engineer had an examination of the inclined railway structure made and as a result the same was condemned for operation until certain specified repairs should be made, owing to the general weakness of the building and the liability to damage from the accumulation of ice and snow which forms in winter on

the upper roof of the building. These repairs were made, approved of by the State Engineer's Department, and during the summer of 1906 the inclined railway was operated but closed about the 1st of December, 1906, after having been examined by the State Architect and Engineer.

In May of this year, the State Engineer and Architect again had an examination of the inclined railway made, and after specifying certain repairs which were made in accordance with directions, certified that the railway could be operated with safety until November 1st, 1907.

In view of the fact that in the last ten years the number of people visiting New York State Reservation at Niagara has increased from 500,000 to 1,250,000 you will see how essential it is that some increased provision be made, both for safety and convenience in handling these visitors to the State Park. Particularly now, in view of the accident, which all the more clearly emphasizes the necessity, it has seemed proper to the Commissioners to call your attention to the facts above stated with the thought that you may feel the situation worthy of being brought to the attention of the Legislature in its special session, either with the view of obtaining a provision from them of a further and sufficient sum of money, together with the $25,500 still available, for the entire rebuilding and reconstruction of the inclined railway building and plan for carrying people up and down the river bank at Niagara, or a request that the proper State officers prepare and present to the first session of the next Legislature, through the Commissioners, plans and estimates for building an elevator plan as above referred to.

We shall be glad to supply any further information, by person or letter, if you may wish, and I am calling the matter to your attention as Chairman of the Executive Committee, by reason of the absence in Texas of Mr. Dow, President of the Commission.

Very truly yours,

A. J. PORTER,

Chairman Executive Committee.

To the foregoing Governor Hughes replied as follows:

ALBANY, N. Y., July 17, 1907.

Hon. A. J. PORTER, Chairman Executive Committee, State Reservation at Niagara, Niagara Falls, N. Y.:

DEAR SIR. Your letter of the 9th inst. has been received and I thank you for bringing the matter, which is indeed serious, to my attention. As I understand it, nothing adequate can be done this season, it seems to me that the matter should receive careful consideration, and plans should be developed, and whatever legislation may be necessary can be obtained at the next regular session.

Very truly yours,

CHARLES E. HUGHES.

ELEVATOR NEEDED IN PLACE OF INCLINED RAILWAY.

The Commission has secured the necessary plans and estimates for a new structure in place of the Inclined Railway and it is earnestly hoped that the Legislature will supply adequate funds to put the plans into effect. The sum of $94,000 is needed for this purpose. Aside from the prime consideration of human safety, it is not to be forgotten that the question of revenue to the State is involved. With the old inclined railway, the receipts were about $13,000 a year, and with a modern elevator they would undoubtedly be largely increased.

It is the purpose of the Commission, if its plans are approved and adequate funds supplied, so to construct the proposed elevator as to conceal it entirely below the surface of Prospect Park and within the face of the cliff, thus removing from view the last of the unsightly structures from Prospect Park.

BRIDGE REPAIRS NEEDED.

There are on the Reservation twelve bridges. During the past year they have been examined by the State Engineer and Surveyor, and seven were found in first class condition. Of the remainder, three were in need of slight repairs easily made by our own help. The two stone arch bridges leading to Goat Island, however, were found to be in need of repairs owing to the unequal settlement of the filling over the arches and to insufficient drainage. The State Engineer and Surveyor estimates that $8,000 will be needed to put the bridges in proper condition, for which sum we respectfully ask an appropriation.

NEW CONSTRUCTION AT BIDDLE STAIRS.

We ask for an appropriation of $30,000 for the construction. of a permanent concrete stairway and other necessary accessories in place of the obsolete and inadequate Biddle Stairs on Goat Island at the Cave of the Winds. The Biddle Stairs are substantially as they have been for the past seventy-nine years. They consist of a winding flight of steps, only thirty inches wide, descending through an octagonal wooden tower about six feet in diameter to the talus slope below. The original center post, outside timbers, and risers of the stairs still support the structure, while the clap

boarding and the treads of the stairs have been renewed from time to time. So great is the number of visitors and so narrow the passage way, that the Superintendent is obliged to close the stairs at times to relieve the congestion. The building of a new stairway will supply necessary facilities for reaching the Cave of the Winds, increase the safety of the public, and permit of a larger enjoyment of the remarkable views to be had from the talus slope.

APPROPRIATIONS NEEDED.

For the ordinary expenses of administration and maintenance, we ask the same sum as was asked for last year, namely, $30,000. Following is a recapitulation of appropriations needed:

A

April 30, 1908, will be the 25th anniversary of the signature of the act (chapter 336 of the Laws of 1883) creating the State Reservation at Niagara, and May 2, 1908, will be the 25th anniversary of the appointment of the first Commissioners. quarter of a century of public enjoyment of Niagara Falls has amply vindicated the wisdom of the State in creating this Reservation, and the proximity of this silver anniversary may well be a cause for self-congratulation to the people of the State of New York.

Following is a list of the Commissioners and its officers since its creation: