The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1893-04-13

bid On It. He intended 70 bid s. per iooo
for it. on the opinion OF his estimator he
He testified that he had not sold any first
cutting IN that vicinity. for the last I'VE
years for less 81 per 900. Cross-questioned
higher. He ais also testified that the section
he had sold adjoining the one IN question Iet
the latter, and that there was no apparent
or immediate danger Of fire to it.
At the Of e e be aG depar
on to section sc s6429s IN the latter part Of
Of it; thought it would cut $500, 900; Thought
the timber was bushy and not very good ana
damaged by ire. On crOss-examinatlon he
day, and that the snow was two feet deep
Son the ground and that it was a physical
possibiliy for him to have made h an &C. ac
Jnlson n; Goss was recalled and again
testified that he and his assistant had gone
over each forty separately and under the
most favorable circumstances. when there
was neither snow to impede their progress
a. detailed estimate Of the amount on each
forty. He swore positively that there was
no no material amount OF short or hushy tim
manned mistaken by the most rigid cross
examination.
Several affidavits were submitted by Audi
tor Bierman to the effect that the pine on
said section 36, was of an inferior quality
and not worth over 81 per thousand, but the
relations with 6. A. Smith 4 Co. Auditor
Bierman testified that he sold the pine on
s se % rs 1 be asre es b Sr e the t Il
appears app! from the following letter that The
fnaer s, MaS Soid e. as an accommodation to
\ Minneapolis. Mimi, Jan. 60 1S92.-Hon.
A; Bic Bierm man St. State Auditor st. Paul MINI.
fnYyn d
range 26. but find that we have not sufficient
timber TN for our winters work, and would
on section SO, in order to give us the full
winters. work. We believe it his been GUS
ton ny IN nt years past IN Of this kind
as this timber is on the Indian reservation,
| objection. This section is located over four
miles in a straight line from the river
making a very long haul. but thought, I'M
$l.15 per thousand feet for what timber
there might be in the section. Kindly ad-
oklige, Yours truly G. A. SMITH & co.
The facts are, not stick of the timber
no @oS 1n ni year later and from $500, go to
50 that tie theory that Smith & Co. puF.
a winters work fails to the ground o e''~' 'O'
"a; Audlto T.. Herman claims to find his au-
o secon sh of he 2S5 po o the In Een
era Laws Laws Of 1855 which reads as follows:
ura seeton ,i He shall TAXI a such meas,
damage or loss by fire, trespass or other
wise, and make such regulations for the
timber lands Of the state f or the timber
thereon, as will best protect the interests
Your committee is fully convinced and the
evidence conclusively shows. that the pine
timber on section 3G, town AZ, range &c.
| wall
| worth 81 per thousand feet, and would
easily have brought that amount had it
Geen offered 9ds at public sale as provided by
herman, Swears that he would have bid "a,
and is still ready to pay 81 per thousand feet
Robert Burch swears positively that he
would have bid s. per thousand feet, and
is ready to take what is left at that figure.
Anofa and a. W. Woodcock Of Gnes q.
Old time and responsible lumbermen, swear
that the timber was worth 81. r. NJ. Cowles
of saltwater, dealer in pine lands and owner
of large tracts of pine in Mile Laos county,
testified that he sold timber the present year
on an adjoining section for 81 per thousand,
distance Of eight miles to a driving stream,
while the timber on section SO, town AZ,
miles to, a landing and the Cowles timber
was not as good as the timber on the
school section in question. Besides, Mr..
in December, 1891, for the express purpose
of bidding on the timber on section 36,
for 0i said at tmber per his h00s o%n
Ssgs he n sre have All fss sSatscs
goes to show that the timber was worth 81
| per thousand fee. *
Your committee finds further that the pre-
tended sale to G. A. Smith & Co., according
made on Jan. IS, 1872, and that at II public
prior thereto the timber on an adjoining
section was sold to one Sauntry. Of Still
water. It therefore follows that if the tim
Gn by fire on Jam Claimed
by Mr.. Bierman, it certainly was his duty
to dispose of the same at 1t the public sale sal
as matter of fact that there was no such
danger at any time. Furthermore, the evi-
shys that the timber ao1g on See9n
made at all, and q bond Of only $500 was
that there Few We're 100000 feet on this sec
ton. and even at 50 per thousand bond OF
$11 900 should have been exacted. :,
! Laws of 1885, provides the manner in which
pine lands subject to loss by fire or other
wise should be disposed of, and is as fol
lows:
, Sec. A. Before any pine timber is sole
from any of the lands Of the state. the com
missioner shall submit the appraisals ane
|
| regarding liabilities to loss or damage t.
| said timber, to the governor. treasurer an(
. | commissioner, and if majority Of then
shall state that it is for the interest of thu
state that such timber shall be sold. ant
such statement shall be Endorsed on the es
! innate Of said timber and signed by sale
: officers. officially the commissioner may the1
! advertise and sell the timber on said lands
!. so authorized to be sold, in the manner
provided by law: provided. that no PIN
, timber on any state lands is to be sold un
: der any conditions unless the officers hereil
! named shall state that such sale is neces
! sary to protect the state from loss.
The above section of the law has not BEEF
!, complied with in any particular: hence. tn
: pretended sale is illegal and void, and j
permitted to stand: the state school fun
will suffer a loss Of at least $11, 600.
, In relation to the so-called appraisal mad
/ by Witness Pratt and Others. at the re
: quest of Mr.. Rierman. we find that ther
: was an appraisal made Of this and .othe
schools lands in the vicinity, but such ap
! praisal was made in the latter part of April
: 1892. or about three months after the sal
= to c.. A. Smith & Co., and could have ha
no bearing unon the sale in question.
q Your committee would respectfully recon
mend that G. "A. Smith & Co. be required
:, pay at least 81 per thousand feet for til
NH al 6v ont on,