The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1893-12-07

init was made and delivered without authority Of
law, That the same is null and void; that said de-
PENDANTS have no right title or interest in and to
the pine timber attempted by said instrument to
be sold and that said instrument and the record
thereof aforesaid must be cancelled set aside and
annulled; that said plaintiff is entitled 10 have
and recover from said defendants and each of
them, the sum Of s9514.s9 together with interest
thereon from June 23rd, 1898, and the costs and
disbursements of this action. @
Let ju dgment be entered accordingly
Dated December 4th, 1898.
| L. L. BAXTER,
49, D. B. SEARLE,
| Judges of the District Court.
| ss@ MEMORANDUM. [,a ..-.
| The governor of this State caused this action to
be instituted in behalf of the State against the de-
PENDANTS, under and pursuant to a resolution
passed by the Legislature at it's last session for the
purpose OF cancelling a pretended permit and
contract for the sale of pine timber, made to and
with the defendants by the State Auditor as COM
missioner of the State land office, authorizing the
cutting OF pine timber from section of school
land IN Mile Laos county; and for the recovery
OF the market value of the timber cut under such
! permit. prior to the commencement of this suit.
The State claims that the tnber was worth more
than the contract price for which it was sold and
that the State Auditor had no authority to issue
| the permit or make such pretended contract for
! the reason that such timber was sold at private
sale and not at public auction required by law,
and also because tho timber was not subject to
waste destruction or damage, because no proper
| appraisal and estimate was made of the timber
prior to such sale and the governor, treasurer and
commissioner, or Il majority of them did not
state that it was for the interests of the Stnte that
such timber should be sold, or that such sale was
4 necessary to protect the State from loss.
The defendants claim that the agreed price,
two dollars per thousand feet, was all the timber
was worth, that the sale was regular in all re-
spects, that 1t was made in accordance with the
established practice of the State land Office and
has been repeatedly ratified and that the State
Auditor had ample power to sell the timber at
1 private sale. The action is therefore of great
public Importance, involving as it does ques-
ton rs to the power of the State Auditor, as ex-
of1ic!o commissioner OF the State land Office to
sell pine timber belonging to the State his duties
in connection herewith, the manner of sale, and
the rights of parties dealing with him.
! The written permit which the State seeks to
cancel ia regular in form and valid on its face,
but the evidence shows that many of the recitals
contained therein are untrue in fact The permi,
was dated December 18th, 1884, and states in effect
that the sale was made on that day to G. A. Smith
that such sale was public, that due notice thereof
was given for sixty days prior thereto, that the
timber had been properly estimated and appraised
before the sale, that such estimate and appraisal
had been submitted to the other State officers
whose duty 1t was to act thereon, and that they
deemed the timber to be subject to waste and
destruction and the sale necessary to protect the
+ State from loss; and further that the timber was
estimated at seven hundred thousand feet, and
that the sale was made at two dollars per thou.
sand feet. Whereas in truth and in fact the per-
nit was not issued until January Goth, 1892, a
F which time the sale actually made the sale
was made to and for the benefit of the defend
+ ants Jointly and was private, and prior notice
thereof whatever was given; that the required
estimate or appraisal of the timber had not beer
made before the sale su omitted to such State
officers whose duty it was to act thereon; neither
did said officials state or certify that they deemed
the timber to be subject to waste and destruction
or that the sale was necessaryto protect the State
s from loss. : +, -4.5s
IL The evidence also shows that there was at leas
five million five hundred thousand feet of goo6
thrifty growing pine upon the land in question Il
3 the time of the sale, reasonably worth four dol
q lars per thousand feet stumpage.
The pine timber of Minnesota is of great value
and is growing more valuable each year. TIL
f statutes of this State intended to CAREFUL
guard and protect the school lands, and othe
State lands and proyiue for the sale and DISPOSE
+ ton thereof and the timber thereon upon certain
I terms and conditions. and in the manner therei
: specified and not otherwise. These statutes con
stitute the authority under which the State Audi
e tor acts in the sale and disposition of such land
4 or timber: and should and must be substantial
g complied with in making such sale.
4 Under section 2, chapter 50 of the general sta,
T., utes amended the State auditor is -offici
O. commissioner of tho State land office. He ha
It general charge and supervision Of all lands be
y longing to the State, of all lands in which tn
f State has an Interest," or which are held in trus
i by the State. and he may superlntend, lease, SCI
n and dispose of The same in such manner as sha
v be directed by law. r.. -
, Section 1, chapter 800, laws of 1885 provide
that s:it shall be the duty of the commissioner Q
y the State land office to make diligent an
# thorough inquiry and examination into the ex
d tent, character and value of the timbered land
:. belonging to the State of Minnesota and chief
J., valuable for the pine timber thereon, whethe
n designated or apart as school lands or for an
# other purpose Under section of this chapte
o it is also the duty of the commissioner to "tak
N such measures as will protect the said timbe
IL from damage loss by fire, trespass or otherwis
9. and make such regulations for the care contro
& sale. and disposition of the timber thereon
n will best project the interest of the State.'' SCI
w ton 3 of said chapter gives the commission,
"a power to employ persons necessary to make tt
examination and estimates of timber on a
~ lands held by the State and to carry out the pr,
4 visions of this act Section of said chapt
,e provides that ''before any piEe timber is sol
10 from any of the lands of the State the commi
+ sioner shall submit the appraisals and estimate
, of said timber, and statements regarding liabil
90 ties to loss or damage to said timber, to Il
+. governor, treasurer and commissioner, and if
.. majority of them shall state that it is for the il
b terest of the State that such timber shall be sol
and such stateme Mt shall be endorsed on the est
mate of said timber. and signed nv said office