St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-12-16
The decisions of courts.


well as of jureS, are mighty uncertain.
when Mr.. Smith received notice from
the governor To surrender his contract,
he came 10 this office and showed me
the governors letter. | asked him what
he intended to do about it? He an
swered that he did not know and asked
me what thought of it. / then said to
Mr.. Smith that he certainly had ha d
ample time to ascertain the true value
of that timber. and if he had paid less
than it was actually worth it was his
PLAIN duty to settle with the state on a
basis of its true value. If, OH the other
hand, he vas fully satisfied that he had
paid all that the timber was worth he
ought to defend his rights in the courts.
The only thing that seemed to trouble
Mr.. Smith at that time was that he paid
more, and not less, than the timber was
worth.
Among the witnesses in this case was
one John GoSS, of Anoka. When this
sale to G. a. Smith IL Co. was consum-
mated he became very indignant. and
| asserted that the school fund of the
state had been swindled out of $4,000
by the transaction. aud he was bound to
have the matter Investigated. On Sept.
"a. 1892, he wrote Matt Clark. who has
charge of the stumpage records in this
office. the following letter:
"ANoKA, Sept. "a. 1892. Mr.. Clark :
Sir: Find affidavit of Leonard Pratt Or
copy of the same. l want the matter
fixed up, or we see that Smith don't
haul the timber this winter. Twelve
! thousand is too much to take from the
school fund and give 10 one man. The
NV q will do me, and il he does not
want to give it to me on the same terms
that he gets it, then all right.
~. Goss."
1t will be seen that this most worthy
man was perfectly willing to let the
school children of the state suffer loss
provided be could obtain good pro-
portion of the supposed plumber. The
NV 4 is worth nearly as much as the
other three quarters together. Mr. Goss
testified that the timber was worth 81
! per thousand feet, or more.
Mr. Leonard Pratt, of Mile Lacs
county, was another conscientious wit
ness. He is one or the three appraisers
| OF state land in lis county. Acting
under oath, in behalf and under paw of
the state. he, in April, 1892, appraised
the value of the timber on this identical
section at 81, 100. or S1.30 per thousand
feet. His return of such appraisal is on
file in this Office. In the winter of 1888.
| as witness before the legislative in
veStigatiOn committee, he sWOre that
this same timber was worth 81 per thou
sand, or $4,000 for the full section.
Another witness whose testimony
should carry great weight is one Mr..
Robbins. He testified that the firm of
Mulvey q Carmichael, of Saltwater.
engaged him III 1890, if | remember
right, to estimate and appraiSe the tim
Der on this section for them preparatory
| to their bidding on same at the next
| public sale. Mr.. Robbins swore that
| the timber was worth 81 per 1000, and
stated that he had SO reported 10 the
firm. He was very Intelligent wit
ness and practical and experienced
appraiser. For the first time my conf
dence in the correctness of my action
in this unfortunate affair was shaken.
But i'll less than twenty minutes after
TINS expert witness left the stand Mr..
Mulvev, one of the members and the
business manager of the above-men-
toned firm, came in, and when told
| what had taken place, he pronounced
| every word OF the testimony, as far as
his firm was concerned, a falSehood from
beginning to end, and insisted upon
having his testimony impeached. Mr..
Mulvey states that he never was in the
employ of his firm.
The three persons above mentioned
were the principal witnesses, and upon
, whose testimony the court annuls the
sale to G. A. Smith d Co., and enters
Judgment against them for just double
the amount they aggred to pay. II the,
state has been wronged in this Iransac-
ton. am unable to understand why C.
A. Smith Il Co. should be held respons--
ible for the wrong committed. They
dealt with the authorized agent of the
state, and have fulfilled their contract
! thus far.
If the decision of the district court
shall finally be held to be good law,
and my successors will certainly have
no cause of cOmpl amt, as it will relieve.
| this office of great responsibility and
work and the ertainty OF being blamed
whether we exercise or refuse to use the
discretionary power which l and my
| predecessors su ppUsed the law vested in
| this office.
The pressure of official duties has
prevented me from giving this state
ment to you sooner, and | now submit
it to your considerable Judgment, con-
| sclous of the integrity of my official ac-
| ton, that | did what | thought,aand
| still think, was for the best interests of
| the state.
Relying upon the reputation for In
tegrity which l have enjoyed for more
| than twenty years of nearly continuous
public service and the sense of fair
play which distinguishes the American
people, am indifferent to the attacks
! upon me inspired by malice and dis
honorable political tactics. and l cheer
fully leave the verdict in your hands.
Very respectfully, A. BIERMANN.
st. Paul, Dec. Is. 1888.