St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-04-15
sale for 50 per 1000. and thought that
was fair price for it.
Auditor RIerrann Testified

was sold on an estimate OF 100000 feet;
that there had been no recent appraisal
made of the timber prior 10 the sale OF
the same; that when there first began
to be some talk about it, during the
present winter, he sent two separate
parties at different times to examine the
timber on the land. aud each of them
reported To him that there was about
five and half million feet of timber on
the same.
EX-State Auditor Braden testified that
during his term of office he had sold
some pine Stumpage at private sale.
James Mulvey, of Saltwater, and w.
b. Ransom, of Minneapolis, testified as
to the relative value of logs I'D Still
water and Minneapolis, and agreed that
logs are worth from 81 to g per NJ more
in boom at Saltwater than at Mime
apoliS.
The committee met again March 2S.
Present were Dunn, Cole, T.; Fleming,
Zelch and German.
Leonard Pratt testified that he was
one of the appraisers who examined the
land in question before the sale adVer-
tiSed TO be held at Princeton, in May,
1872 He said he had reported the pine
Ito be worth about 81 per Nj, but eX-
pected it would sell for more.
Mr.. Woodcock, a resident of Prince
ton, testified that he was intending to
bid for the timber on section S6-42-26 at
public sale to be held III Princeton in
May. 1892, and that he was willing 10 go
as high as 81 per thousand for the TIM
Der.
Mr.. Bassett. of Minneapolis, testified
as TO the value of logs in boom at Min
neapolis. He said the price ranged
from s. to $40, and as high as Sll, but
that s. was the average price. The teS'
timOny of Mr.. BaSSeIt as to the value
of logs at Minneapolis was cOrrobOrated
by Mr.. Mulvey. of Saltwater, and Smith,
of Minneapolis.
John NJ. GoSs, of the firm of Goss &
Sons, Anoka, testified that he had eX-
amined the land inquestiOn with view
of purchasing the pine; that his estimate
was five and a half millions OF good
pine in the section in question; that he
was willing to bid as high as 81 per Nj
FOR the pine for his firm.
Il. w COwleS testified that he knew
something of the land in question; had
been along the east line at one time, and
from what he had seen and observed he
thought the timber was good pine, and
that it might be worth 81 per Nj.
James kEalIem, Land Examiner
for the state, testified that he had eX-
amined the land, and had estimated the
amount of timber thereon to be about
five and one-half millions; that the pine
was not of the best quality, much of it
being short aud brushy; that he found
upon examination that there had been
in former years fire in three or four diff
ferent parts of the section: that there
was some timber cut on the south and
west sides, and from all appearances
there was danger of fire getting into the
section and destroying the timber.
While there seems to be a conflict in
the testimony as to the value of the
timber on said section, yet it is admitted
by all witnesses examined, in substance,
that the logs had to be hauled about five
miles or upwards to the nearest land
ing: that the cutting. hauling and driv-
ing cost from s. to $3.50 per 1000, and
that when in boom at Minneapolis the
logs were not worth over IS per 1000.
The state auditor claims to have sold
the timber at private sale for the reason
that he found it listed on the sales book
when he entered upon the duties of his
Office, and for the further reason that
there was danger of loss by fire before
the usual time for sale in the following
fall.
The law under which he acted is sec
ton 2 of chapter 269, General Statutes
of 1885, which reads as follows:
He shall take such measures as will
protect the said timber from damage
or loss by fire, trespasS or otherwise,
and make such regulations for the care,
control, sale and dispersion of the timber
lands Of the state, or timber thereon, as
will best protect the interests Of the
state"
1t is claimed by part of your CON-
mittee that section four a. of said chap
ter two hundred ana siXty-nine (269) of
the General Laws of Eighteen Hundred
and Eighty-Five QSS5), had not been
complied with, which said section reads
as follows, to wit:
Before any pine timber is sold from
any lands OF the state the commissioner
shall submit the appraisers estimate OF
said timber and statements regarding
the liabilities to loss or damage of said
timber to the governor, treasurer and
commissioner, and if a majority of them
shall state that it is for the interest OF
the state that such timber shall be sold.
and such statements shall be Endorsed
on the estimate of said timber, signed
by said officers officially, the commits
sioner may then advertise and sell the
timber on said lands so authorized to be
sold in the manner provided by law.
Provided that no pine timber on any
state lands is to be sold under any coll
ditions unless the officers herein named
shall state that such sale is necessary to
protect the state from loss"
As correct Interpretation of section
two o.. chapter two hundred and sixty
nine (26W of the General Laws of
o;,r nj m (1QR5n
we herewith submit the opinion of
Attorney General Childs, which reads as
follows, to wit:
Hon. A. Biermann, State Auditor
Sir: You ask to be advised whether
under the laws of this state you are
authorized to make sales of pine timber
standing upon public lands of the state
otherwise than by public sale. You are
advised that as the law stood prior to
March Z, 1885. the state land commits
sioner was not authorized to sell such
timber except by public sale, as the
law so declared in expressed terms"
The legislature, no doubt Influenced by
Wise Public Policy,
enacted chapter two hundred and sixty
nine (269) of the General Laws of 1855,
which, in my opinion, clearly cOnfers
discretionary powers in making such
sale by the state land commissioner.
Section two q of that act is as fol-
lows:
HE shall take such measures as will
protect said timber from damage or
loss by fire, trespass or otherwise, and
make such regulations for the care. con-
troll. sale and disposition of the timber
lands of the state, or timber thereon, as
will best protect the interests of the
state.
"If in the judgment of the state land
commissioner case arises requiring i'm
mediate attention he is authorized to
act in such mBnner as he deems will
best subserve the public interests in the
disposition of stumpage. The fact that
your distinguished predecessor as
Sumed. on several occasions, to make
sales OF large quantities of pine timber
at private sale is evidence that he placed
such a construction on said chapter 269
as accOrds with the views herein ex-
pressed. Very respectfully,
"H. w. CHILDs,
attorney General"
After reading the provisions of the
law as above cited relating to the sale of