St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-12-16
give you TO June /. 1898. to cut and re-
move the same. Yours truly,


move the same. Yours truly,
A. BIERNIANN. Auditor.
The pine was finally sold to c. \.
Smith for 81 per NJ, he agreeing to cut
the land clear. The permit was dated
back for Dec. Z. 1891. This | did not
notice at the time | signed it, and APP
proved the bond. | find, however, that
IL has always been the practice of the
office to date such permits back to the
date of last public sale-for what reason
no one Seems to know. In the margin,
opposite the description on the sales rec
ord, reference was made 10 correspond
ence on the subject. If any secrecy had
been intended or deemed necessary, no
correspondence relative to The transac-
ton would have been suggested by me,
and none taken place. sold the tim
Der at private sale because, according TO
my best Judgment and information |
had no other method of protecting the
state from possible loss. / may add
that the fire has been through the Sec
lion once, but without doing any par
ticular damage. The fact that the
timber was sold on all erroneous esti-
mate does not i'll any case affect the in
terest OF the state Except, perhaps, as
to price per NJ, as the purchaser must
pay for every foot cut according to the
surveyor generals scale bill. Judging
from comments made by the court and
press the public may be led to believe
that l sold the pine on this section for
81, 400, instead IF $4,000 or 1000, as
Will be actually the case. Up to April
4, 1893. there was reported cut 2.423. 010
feet OF pine, and on May a draft for
81, 64602 was drawn on G. A. Smith &
Co. There yet remains to be reported
from this section about 100000 feet.
Precedents for selling pine at private
sale are numerous under the admins
tration of every auditor since 1860.
While this was contrary to law prior to
sary TO protect public property. The law
of 1885, however, can be and has been
construed to give the proper authority.
My predecessor, Capt. Braden, sold in
1890, twenty-four sections of pine at
private sale to Noah Adams, of Kanabec
county, and more than 100000 feet of
pine cut has been reported by the sur
veyor general up to date, and Mr.. Adams
is Still cutting on those sections. To be
sure this was not virgin pine, but the
law makes no distinction. If authorized
Ill one instance it is In the other. have
never heard it intimated from any
source that my predecessor did not
know the law, rules and regulations
auditor. That he was a conscientious,
honorable and scrupulously honest
public servant, possessing rare eXecu-
tive ability, is, L believe, conceded by
all, irrespective of party, nationality,
race or color. In this sale did only
what he had repeatedly done before me,
and like him. was actuated only by
desire to protect the interest of the
state, responsibility which rests
mainly, if not altogether. upon the
shoulders of the state auditor.
The attorney general gave -is opinion
as follows:
''Hon. A. Biermann, State Auditor
Sir: You ask TO be advised whether,
under the laws of this state. You are au-
thoriZed to make sales of pine timber
standing upon public lands of the state
otherwise than at 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 express terms.
The legislature, no doubt Influenced
by wise public policy, enacted chapter
1863 of the General Laws of 1885, which,
in my opinion. clearly confers discre-
tionary powers in making such sale by
the state land commissioner.
Section 2 of that act is as follows:
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. control,
sale and disposition of the timber lands
of the state, or timber thereon, as will
best protect the interests or the state
IF, i'll the Judgment Of the state
land commissioners, case arises reQuir-
ing Immediate attention, he is authorized
to act in such manner 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 construction on said chap
ter 269 as accords with the views here
in expressed. Very respectfully,
III. W. CHILDS, Attorney General"
The court finds that the timber on
section 80, town AZ. range &c. is worth
81 per thousand. Maybe it is, but the
evidence to sustain it is not of very
ugh order. During the session of the
asst legislature reports were circulated
about to the effect that this timber was
worth from 81 to IS per thousand. l
naturally became somewhat uneasy, and
! believed that l had Inadvertently sold
state property for 81 when it was in
reality worth 81 per thousand. / began
to inquire. and very few lumbermen
have been in the Office since that have
not asked for information relative to the
true value of this timber. l have yet to
meet a single person who has not as
sured me that | sold the timber for
every cent it was worth. In addition to
! this, and for my own satisfaction, sent
both our state appraisers out. at differ
! ent times. and instructed them to take
| all the time necessary to carefully esti-
! 1nata and annraico ha fipbnr