The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-03-11
WHEREAS, By an Act of the Legislature of

treasurer who shall, before entering upon the
duties OF said office, give q bond in the penal
sum OF twenty-five thousand dollars, condi.
toned for the faithful discharge of his duties
as Treasurer and further provided, that the
said bond shall be approved as to its form and
sufhciency of its surety, first by the said Board
OF Regents, then by the State Auditor, and
lastly by the Secretary of State with whom it
was to be filed; r.al
Resolved, That committee of three be APP
pointed by the Speaker to make examination
in the office of the Secretary of State, whether
any such bond be on file; that they be further
instructed to ascertain who has acted or pre-
tended to act as Treasurer under the authority
of said Board, and whether said Treasurer
claimed to act as agent to sell stumpage, and
if so by what authority, and also to obtain the
names of said Board of Regents under said
law.
Beg leave respectfully to report that they
have made examination in the Office of the Sec
rotary of State, and find no such bond on file
as the law required before any one could assume
the duties OF Treasurer, nor was there any bond
of any kind relating to said office since the Act
of 1860, nor was there any oath of office as the
law aforesaid required. Your Committee fur.
ther report that one William NJ. Kimball one
of said Board of Regents, has been acting as
Treasurer since 1860, and has since that time
been collecting rents selling timber and stump
age, and furnishing teams to cut timber on what
is now Quartermaster, with headquarters at
| Saint Cloud.
Information from reliable sources states that
the teams furnished by said Kimball last winter
cut 100000 feet of logs on said lands and
most or all of which are yet in the river above
| the Falls of Saint Anthony. We are also credi-
| bly, informed that quite a number of teams are
| on the University lands this WINTER under or
| by virtue of some pretended permits from said
| Kimball, though some have been recently with
drawn. The following is list of the Regents
| that have been appointed since the passage of
the law of 1860, recognizing the government
of the University:
| John NJ. Berry E. O. Hamlin, Simeon
| ith,-Each for term of four years from Feb
ruary Goth, 1860.
Uriah Thomas William NJ. Kimball. Each
for term of two years from teby goth. 1860.
Jared Benson, George L. Batchelder, Since
Jan'y %, 1861, in place of Smith and Berry,
resigned.
Uriah Thomas William NJ Kimball,-Re-
appointed for four years, in 1862.
August 18th, 1868, Richard Chute was APP
pointed in place of Uriah Thomas removed
out of the State.
November It'll, 1868, J. s. Pillsbury was APP
pointed in place of George +. Batchelder, re-
| signed.
| Governor Ramsey and Lieutenant-Goyernor
Donnelly, and the Chancellor, were eX-officio
Regents since 1850, till they severallv resigned,
|
1t is to be regretted that in the progress of
the University thus far, public expectation has
| been disappointed. The manner in which the
| Regents were to be chosen after 1860, seemed,
indeed to promise better things.
The assembling of the two Houses of the
pose of elccting Regents under the old law
seemed to associate it too much with partiZan
| politics. The new plan, under the act of 1860,
devOlved the appointment on the Governor of
the State, who was also associated with his
appointees. in guarding the funds and property
| of the University.
From the facts herein reported, your COM
mittee believe that the said Regents acting
under the act of 1860, as guardians of the Uni
verstv and its funds, deserve the censure of
this House Tor the criminal neglect and indf-
| ference they have shown, in appointing and
| continuing in Office an irresponsible party to
| receive and control the funds of a great public
charity, without exacting bond, or even an
oath of office, as guaranty of his fidelity
| and accountability to the people and the State
/ All that the said Kimball has done in cut
| ting or in authorizing Others to cut timber on
the University lands, or in renting and selling
stumpage, in which he has been largely en-
| gagged for four years past, appears to have been
wholly without an hority of law; as that re-
qured him to make and subscribe an oath of
office and give bond in the sum of S2 800 to
account for funds that might come into his
hands, before entering upon the duties as
Treasurer. All his acts, therefore as Treasurer.
since he has undertaken to act IN that capacity,
are entitled to no respect nor confidence from
this House, not having the sanction of an oath
of office nor the pledge of bond.
Your committee therefore recommend that
the House adopt resolution requesting the
Attorney General to examine and to take such
steps as may be proper and necessary to aScer-
tain the liability of the said Kimball and Others
in the premises and further to seize, on behalf
of the s ate, the logs that have been cut on Its
lande held for the use of the University, or the
University lands as they are called.
j. M. GATES,
e w. T. RIGBY,
ICopv of original. Committee.
A communication was sent up to be read,
in connection with this subject. The COM
munication consisted of aliidavits from John
Rollins and c. D. Dorr, to show that Mr.. Kim
ball had numbered or cut timber on the Uni
versity lands The object of introducing the
affidavits was for the purpose of sustaining the
report Of the committee, against the charges
of the Speaker, Mr.. Benson, that the same
was made up from street rumOrs, and his de-
NAL that Mr.. Kimball had sent teams upon the
University lands for numbering purposes
Mr.. GATES defended the report of the COM
mlttee from the charge of Mr.. Speaker Benson
Mr.. RIGBY submitted that
1st A bond, until it is approved first by the
lastly by the Secretary of State is no bond at !
all.
I'd. The fact that no bond is lodged in the
office of the Secretary of State, is legal proof !
that there is no bond. and the House must
govern itself accordingly.
Sd. If there is no legal bond, then all the re-
ports that the said Kimbal has made out for
the last four years as Treasurer, are not enti- |
tied to the slightest consideration of this House,
ana all his accounts that have accumulated Tor
TINS long period of time must be considered |
open ana unsettled; and if the said Treasurer |
Is us nus friends represent him to be, insovent,
ana II the State loses by him, the Regents are |
at least morally responsible, and ought to be |
heid accountable for the loss for the reason that |
the treasurer was appointed by them and by |
them alone, ana removable by them alone, us |
provided by the law of 1860
Mr.. WlSWELl- said that the affidavits de-
clared the fact that about g. 600 600 feet of loas
were up in Rum river, which were rnt off the |
University Lands, and he thoupbt if was n
matter of importance that the STATE sbo;'Id M.
secured for the stnmpoge on these loys ub;ch
remains unpaid and that the Attorney q onn,a,
should be dire cted to proceed at once ,,rain'r
the parties who cut the logs: becaus' tha;s
pretended permits rom Mr.. Kinball We're vn;d
Mr.. X. not having complied with the law Nm ~
filing his bonds.
Mr. Benson said he agreed with Mr.. W. in