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


opinion was obtained for the express
purpose of influencing the legislative
Investigating committee and the legis
lature. There were at least two mem
bers of the Investigating committee
that it did not influence, but it fur
nished a pretext for many members of
the legislature, who had been other
wise Influenced, to vote to sustain the
majority report. Annexed hereto is
the Attorney Generals unique opinion,
and the findings of Messrs. Cole, Cor
man and Zelch.
ATTORNEY GENERALS OFFICE,
- St. Paul, Mimi, Mar. %, 1898.
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
lstanding upon the public lands of the
State otherwise than by public sale.
You are advised that as the law
stood prior to March I, 1885, the State
land commissioner was not authorized
to sell such timber except by public
sale, and the law so declared in ex-
press terms. The legislature no doubt
influenced by a wise public policy
enacted Chap. 269 of the Gen. Laws of
1885, which in my opinion clearly con
fers discretionary powers in making
such sales by the State land commits
sioner. Sec. of that act is 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 disposition of
the timber lands of the State on the
timber thereon as will best. protect the
interests of the State. =. If in the judy
isment of the State land commissioner
case arises requiring immediate atten-
ton, he is authorized to actin such man.
ner as he deems will best snbserve the
public interest in disposing Of stump
age. The fact that your distinguished
predecessor assumed on several oc-
casions to make sales of large quanti-
ties of pine timber at private sale is
evidence that he placed such a con
struction upon said chapter 269 as ac-
cords with the views herein expressed.
I am very respectfully yours,
4. Il II. w. ,CHILps, Atty Generally
4 After reading the provisions of the
law as above cited relating to the. sale
of pine land stumpage, a majority of
y
the law clearly confers upon the State
Auditor as a State land commissioner,
i the discretionary power to sell pine
stumpage on the State lands whenever
y he deems such sale for the best inter-
ests of the State. After hearing and
4 considering all the testimony sub
4 mitted in the case, the majority of
your said committee are of the opinion
4 that the State Auditor, Hon. "A a. Bier
y mann;fin selling the stumpage on the
Il land in question: acted within the pro-
4 visions Of chapter two hundred and
4 sixty nine 1881, General Laws of eigh-
teen hundred and eight-fve (1885).
) . THOS. COLE,
P. B. GORMAN,
. g JOHN ZELCH.
After a long and acrimonious debate
in the house on the evening of the
| 18th of April the majority report,
; whitewashing the illegal sale, was
adopted by vote of so to &c. This
: was not unexpected for the friends Of
5 Auditor Biermann and the friends of
c the lumber barons had been lobbying
: for weeks to have the house sustain
: the "private sale.'' On the evening in
!; question the floor Of the house was
= crowded with lobbyists, all working.
j like beavers for the adoption of the
2 majority report. The entire Henne-
n pin and Ramsey delegations, every
f Democrat in the house, Leonard of
8 Scott excepted, as we'll as many Repub-
;. licans and Populists who felt them
II ~,
u ring" voted to sustain the palpably
: fraudulent transaction. The ablest
lawyers of the house-such men as
a Cotton, F. M. Wilson, Greer and
d Young-from a purely legal stand point
Q argued in favor of the minority report.
~ ~ But it was like casting pearls be-
e fore swine. The lobbyists had done
s. their work we'll Those who voted for
~ the majority report were: