Daily globe., 1879-05-27

IsE
has been in Washington as
their representative. Or to particularize,
he has besieged the doors and loitered in the
corridors of Secretary Schulz' Office as agent
for Morrison Bros, Dorillus Morrison, Farm
ham & Lovejoy, Bassett d McAllister, aud L.
Day & Son, all of Minneapolis. These parties
had trespassed, or the allegation against them
footed up S75, 600. That Mr.. Lowry's work was
effective ''the edict'' shows. He submitted
certain propositions in behalf of his clients,
and Carl Schurz seems to have devised way
to virtually accept. But the following letters
point:
THE WASHINGTON EDICT.
DEPARTMENT OF THE INTERIOR,
WASHINGTON, May 8, 1879.
Hon. Charles Devens, Attorney General:
SIR: have the honor to transmit here with
an extract from proposition made by Thomas
Lowry, ESQ.,, attorney for certain parties
States circuit court for the district of Mime
sofa, to settle said cases. The paper from
which this extract was taken recites the prac-
tice which has prevailed in this department for
settlement Of trespasses prior to the time when
I assumed the duties Of the Office of secretary
of the interior. The cases referred to are cases
where the trespasses were committed prior to
that time. 1t is claimed in behalf of the parties
represented by Mr.. Lowry that they are lnno-
cent purchasers of the logs for the recovery Of
the value of which the suits have been institute
ed. The basis Of the settlement proposed is
for willful trespasses upon the public lands,
and Innocent purchasers of logs. In my
opinion, no settlement should be made with
willful trespassers except such as may be OBJ
tanned by on adjudication from the courts.
There may, however be cases, owing to the
practice which formerly prevailed of making
settlements on stumpage basis, where settle
ment should now be made with the parties
who cut logs upon or who purchased logs
taken from the public lands.
There is large number of cases pending IN
the United States circuit court for Minnesota
known as old cases, and If settlement is made
in any of said cases, it should be made on a
basis applicable to all like cases. Before de-
termining upon what basis such settlement
should be made-if any is made outside of
COURT have considered it proper and advisa'
able to refer the question TO the United States
district attorney having the case in charge, for
his views upon the subject together with the
surveyor general of said State. I have there
fore to request, if you concur with me in this
view, that you will transmit the enclosed ex-
tract to the United States district attorney for
the State of Minnesota, with instructions that
he report upon the cases, abstracts of which are
attached to this extract well as all other
cases for depredations pending in said court.
First-The cases in which the evidence pre-
sented TO him shows that the defendants were
| iwillful tresspassers.
/
removed logs from the public lands have made
full or partial settlement therefor on the
|Istumpage basis in accordance with the practice
| lat that time prevailing.
| Third-The cases in which the evidence shows
l that the parties purchased the logs knowing,
or having good reasons to believe, that the same
had been cut from public lands, and paid the
stumpage rates in full or in part.
Fourth-Cases where the parties cut logs
upon, or purchased logs taken from the public
lands, knowingly. and have not paid stumpage
rates in full or in part.
Fifth-The cases in which the evidence pre-
sented to him shows that the parties purchased
the logs without any knowledge that the same
had been taken from the public lands, and un
. der such circumstances as to lead them to be
lieve that they had been taken from private
lands, or upon the positive assurance that the,
had been taken from private lands
shall also be pleased to have the opinion o
: the district attorney as to what would be a fai
basis of settlement in each of the above classe
,, !, | of cases.
In his detailed report of the cases pendin
before him, / shall be pleased to have him stat
t brought, if that quantity can be sustained b
/ the evidence, together with their value SO fa
:, as ascertained.
shall be pleased also to have any suggestion
9 or recommendations from the district attorne
in relation to said cases, and also in relation
's the prevention of depredations upon the pull
> lie lands in future, which he may deem prop
:. to give.
s The surveyor general of said State will I
= instructed Incorporate with the district a
e torney in making said report, rendering bi
D. any aid which he may desire.
Very respectfully,
q (Signed) G. SCHURz Secretary.
all DEPARTMENT OF JUSTICE, \
ar WASHINGTON. May 9. 1879.
=. William w. Billson, Esq, United States
ei torney, st. Paul. Minnesota:
Sir: enclose copy of a letter of the
~ inst. from the secretary of the interior, ira
sn 81 mitting an extract from proposition made
y: 70 Thomas Lowry, Esq.,, attorney for certain p.
m ils ties defendant, who have been sued by t
ge United States in the circuit,court for the 4
IL L trict of Minnesota. Your attention is specia
etu called to the matters upon which the secrets
desires your views.
VOC In compliance with his request you will
W, port upon the cases of which abstracts
as given in Mr.. Lowry's paper, as well as
other cases for depredations now pending
said court, and you will answer under
ria heads given By the secretary and number
- - from to 5. You will also give your views
.ne to what would be fair settlement in each
tel, the classes OF cases mentioned by him. St
ned also the quantity of logs for which the act
oc- is brought in each case, and the value ther
ress go far as can be ascertained; and you will 9
ing generally such suggestions as your experie
100; may enable you to make in relation to
cases aforesaid, and in relation to the prev