Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-05-27
TOM LOWRY'S TACTICS.
HE Makes IN OFFER OF COMPRO.
MISE FOR THE PINE LAND GANG.
Carl Shurz Inclined to Accept-Some Inter
esting Letters of Instructions-Distr
Attorney Blllson and Surveyor General
Stewart as Umpires-The Gang Hoping
to Escape by Returning a Trifle Of the
Sway,

cup would say it. and coeval, almost, with his
invasion, came the pine land trcspasser. At
any rate, the records Of the United States from
the earliest date make mention that the
pine land trespasser owned an axe and used it.
OF late years his application of the axe has
been 5promiscuous and prodigiously a losing
game for the United States. From time to
ment to put stop to these depredations, and
on each occasion the trespasser has either
eluded the power of the federal officers or
compromised with the federal government, on
propositions submitted by the trespassers.
Quite recently the GLOBE has made frequent
Carl Schurz to prevent this particular whole
sale robbery of the government. To this end
Capt. Jones and Col. Protois, special
agents, have been employed for
months in ferreting out these
trespassers, and reporting them for pun
seventy-fve cases against different individuals.
The amountin dollars and cents represented by
these cases can scarcely be computed, but they
roll MP beyond 100000. Each case
SO reported has been duly docketed.
and service made against the party
detected or alleged to have stolen or trespassed.
1t was contemplated to being the majority of
these cases to trial at the June term of the
United States circuit court, and Mr.. Billson,
district attorney, expected to have finished up
at least thirty-five cases OF this outstanding in
debtedness. Thirty-fve to fifty witnesses
chinery of the law was creased for
the grind. But all this is changed by an edict
from Washington. Perhaps it were just as
we'll to state as an introduction to the Wash
ington edict, that pending all the above pro-
ceedings here the trespassers have not been idle
in their own behalf. During all the winter
h ms Th ssea lowry Washington MINNEAPOLIS q.
their representative. Or to particuIarize,
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 & McAllister, aud L.
Day & Son, all of Minneapolis. These parties
footed up $4,000. 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 a way
to virtually accept. But the following letters
give an explanation which is applicable at this
point:
THE WASHINGTON ED1cT.
DEPARTMENT. OF THE INTERIOR,
WASHINGTON, May g. 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
against whom suits are pending in the United
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 IF 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 inno-
cent purchasers of the logs for the recovery Of
the value of which the suits haye been institut-
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. l 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, we'll 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
| willful tresspassers.
Second-Cases where the parties who cut and
removed logs from the public lands have made
| full or partial settlement therefor on the
stumpage basis in accordance with the practice
| at that time prevailing.
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 log
upon, or purchased logs taken from the public
lands, knowingly, and have not paid stumpag
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 sam
had been taken from the public lands, and IN
der such circumstances as to lead them to be
lieve that they had been taken from privat
lands, or upon the positive assurance that the
had been taken from private lands.
l shall also be pleased to have the opinion Q
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
the quantity of logs for which the action
brought if that quantity can be sustained b
the evidence, together with their value so f:
, as ascertained.
shalt be pleased also to have any suggestion
or recommendations from the district attorne
in relation to said cases, and also in relation
> | hn of n q mi
> lie lands in future, which he may deem prop
:, to give.
The surveyor general of said State will
instructed to cooperate with the district a
: torney in making said report, rendering hi
: any aid which he may desire.
Very respectfully,
(Signed) G. SonURz, Secretary.
u DEPARTMENT OF JUSTICE, !
:. WASHINGTON. May 9, 1879.
;. William W. Billson, Esq, United States
= torney, St. Paul, Minnesota:
Sir: enclose copy of letter of the
i inst, from the secretary of the interior trar