Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-10
TROUBLE FOR TRESPASSERS.

TROUBLE FOR TRESPASSERS.
Renewal of Proceedings Against the Pine
Log Gentry--Some Thirty Trespassers to
be Invited to Come Into Court--Trouble
Caused the Agents by the Careless Book
keeping of surveyor-Generals.
Get ready to come into court.
This is addressed in all sincerity to a
number of pine land trespassers.
1t has been some time since the pine land
gentry have been addressed such commun-
lcation, and it is possible that from the long
delay they had begun to fatter themselves
with the reflection that their transgressions
had been condoned by the general govern
ment, and that the Investigations COM
lnenced in this State and Wisconsin under
the direction of Special Agent Jones, and
which has already been productive in MAX
ing some of the trespassers disgorge, was to
be abandoned.
But not so.
Yesterday GLOBE reporter met Special
Agent Jones, and after little general con-
versation received the invitation the spider
addressed the fly. The reporter accepted.
introduced to Capt. George A. Henry. Capt.
Henry has been in the service Of the govern
ment for some years past, stationed in the
South, looking after fraudulent bounty
claims. Recently he was transferred to the
pine land trespass business as special agent,
and he is now here working in harmony with
Mr.. Jones, and together they are getting the
legal machinery into working order for a
raid upon trepassers.
1t will be remembered that in case before
the United States circuit court last winter
Associate Justice Miller presiding, in which
Hon. Clark w. Thompson was defendant in
matter growing out of acts by him as In
dian agent, decision was rendered by the
justice that, where the laws of the United
States failed to provide law of limitation
the State law governing where suits were
brought would apply. This decision being
good law, large number of heavy tres
passes, of whose act knowledge has been
gained by the investigations already made
will escape being obliged to make PREPARATION.
While it is very generally believed that this
decision will not be sustained by the United
States supreme court, to which United
States District Attorney Billson has caused
the point to be made, the officers have deter
mined to protect the interests of the govern
ment IN all cases of trespass discovered dur
ing the season of 1928, to which, under
the statutes of this State, the law of limita-
ton would apply the present winter, by COM
mencing proceedings at the coming term Of
the United States circuit court The cases
thus to be brought numser some thirty, and
are understood to cover quite a respectable
sum of arrearages.
Abiding to these prosecutions Mr.. Jones
1Too OH ooe@< IL
had become connected with these investiea-
tons, he became satisfied that the best in
terests of the government would be best sub
served by allowing parties against whom APP
parent trespass had been discovered, to come
in and settle if they SO desired. AS he pro-
ceeded with the Investigations. he said he
discovered that the records of the surveyor
generals office with reference to
this trespass business, had been
kept IN very loose manner, SO loose
that it was impossible in certain
cases to tell anything about how the ac-
counts Stood For instance, A would cut a
certain amount of timber, which B would
buy, agreeing to pay the stumpage, as he
would do. Often in such cases the books
show that A cut the timber, and that B had
paid so much stumpage, but with not an
entry to show that BIS payment was to pay
for AS cutting. This careless keeping of the
books, MI. Jones said, applied to all the sur
yeyor generals of the State, excepting Gen.
Baker, whose records of such transactions
were full history of the matter.
Such being the condition of the records,
Mr.. Jones came to the conclusion that it was
only right to the accused that before legal
proceedings should be commenced that he
might be given an opportunity to clear him
self If possible, and if not, to settle by pay
ing his delinquencies. He also thought such
course would be fer the best interests Of
the government, otherwise large costs would
be made In bringing suits that could not be
sustained.
SO believing he made such recommends
tons. Commissioner Williamson endorsed
the recommendations avoraby, but Secretary
Schurz would not consent to the course be-
ing adopted. The secretary has, however,
since changed his mind, and recent order
instructed Mr.. Jones to proceed as recon-
mended. Under this order, party appear
ing to be trespasser is notified of the fact,
and that proceedings will be commenced in
certain time, if payment is not shown, or
settlement made. Under the instructions.
where settlement is made, Messrs Jones and
Henry fix the amount of trespass, and pay
ment of the amount is made by the tres
passer to the register of the land office in
whose district the timber was cut. Under
this plan the government gets the
full amount of the trespass due and saves the
costs of prosecutions. Quite number of
trespassers for the winter of 1972-3-to which
trespass Messrs. Jones and Henry are now
turning their entire attention-have set
tied, while, those who have not so set
tied are to be proceeded against at once,
to save the rights of the government,
should the decision of Justice Miller be de.
clared good law by the United States SUI
preme court.
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