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

Halleman, an empI0ye OF tue land depart
ment, was swoln and testified that he went
January, 1893, and made a rough estimate
Of it; thought it would cut $500, 600; thought
the timber was bushy and not very good anu
damaged by fire. On cIOSs-exalnination he
admitted that he was only on the section one
day, and that the snow was two feet deep
on On, the ground and that it was q physical
1mpossibility for him to have made an &C.
curate or reliable estimate under the cir
cumstances
testified that he and his assistant had gone
over each forty separately and under the
most favorable circumstances, when there
was ;o neither snow to impede their progress
detailed estimate Of the amount on each
forty. He swore positively that there was
no material amount Of short or buslly tim
Der. on the section, and his testimony re-
manned unshaken By the most rigid cross
examination. ~ ~
Several af1idavits were submitted by Audi
SAID section &C. was of an inferior quality
and not worth over 50 per thousand, but the
relations with c. A. Smith 4 CO. Auditor
herman testified that he sold the pine on
fSet % sc a Be eS5s as for @
appears from the following letter , that att The ue
timber was sold as an accommodation to
9 M il s%5th & M Mi; IAN %, 1ss2-Hon.
A. Bierman' State Auditor, st. Paul, MINI.
Dear Sir: We have a camp, and are cut
ng hut 9 Dd IN section g. town a.
ike very much if we could get the timber be9
winters WORK We Believe It his 81 been ZEN cus Gus.
tomary in years past, i'll cases Of this kind.
for the state to accommodate the lumber
as this timber is on the Indian reservation,
thought possibly there would not be much
objection This SECTION is located over four
making a very long haul, but thought, I'M
ger the circumstances that we should pay
$ sre per thousand II IN feet for what timber
wise us at your. earliest convenience, and
ot afs faotl truly, C. A. SMITH GO:
In question was cut, or hauled, that season,
100000 feet OF the timber IS Still standing,
chased the timber on section Sc to piece out
winters work falls to the ground
+ Agq1to r. b1erman claims to find his au-
ton, in section 2, chapter 269 Of the Cen
! era, Laws Of 1885, which reads as follows:
i , Section MI, 2 He shall take such meas
ures as will protect the said timber from
| wise, and make such regulations for the
timber lands !of the state or the timber
defe rec ~ g will best protect the interests
Your committee Is fully convinced, and the
| evidence cenclusively shows. that the pine
timber TN on /, section 49, town q, range 26,
worth 81 per thousand feet, and would
easily have brought that amount had it
been bee. offered d1 at public sale,a as provided by
herman, swears that he would have bid 81
and is still ready to pay 81 per thousand feel
! for the lumber yet standing on said section
have PES te eat
Is ready to take what is left at that figure
r. s.: Page, Of the fri, firm Of Page Bros; Of
Anoka, and A. w. Woodcock of Princeton
old time and responsible lumbermen, swear
that the timber was worth 81: r. NJ. CoWle.
of saltwater. dealer in pine lands and ownel
testified that5he sold timber the present yea
on an adjoining section for 81 per Thousand
and the Cowles timber had to be hauled
while the timber on section Sc, town ze
range 49, had to be hauled less than fiv,
miles to a landing, and the Cowles timber
section s0G IN as auesen Besides
Cowles testified that he. had attended TIL
| land sale. held at the state auditors ofic'
If bSns on ISL he 5 b the sson
town ~, range g. and that he was preparet
to TO- bid at LEAST, least 81 per -, thousan,
1on s,o he Wo nfd have considered S H It
bargain at that figure" All the evidenc
goes to show that the timber was worth $
per thousand fee. ---~, r
Your committee finds further that the pre-
tended sale to G.: a. Smith & Co., ACCORDING
| to the state auditors own admission, wa
made on Jan aS22 and nat at Rpe
prior thereto the timber on an adioinin
section was sold to one Sauntry Of Still
water. 1t therefore follows that If the tin
Der on section 36, town AZ. range %, was er
dangered by fire oman. rs, 1892 as elaine
by Mr.. Bierman, it certainly was his dut
! to dispose Of the same at the public sal sal
/ as matter Of fact that there was no sue
danger at any time. Furthermore, the ev
dence shows that the timber on sectio
mate of 100000 feet, made years ago
made at all, and 2, bond of only - 500 wa
exacted from Smith & GO: The facts al
ton and even at 50 per thousand a bond (
$1,000 should have been exacted.
Section cha pter 269, of the he :, Gen enc T;
pine lands subject to loss by fire or othe
wise should be disposed Of and is as 10
lows: .N&. ...-- .
from ON any Of the lands Of the state. the con
missioner shall submit the appraisals an
estimates of said timber. and statemen
/ regarding liabilities to loss or damage
said timber. to the governor: treasurer ar
shall state that it is for the interest Of tt
such statement shall be indorsed on the e
q innate of saih timber and signed by ga
d officers. officially. the commissioner may, th'
4 SO authorized to be sold, in the mann
n provided by law: provided. that no PHI
timber on any state lands Is to he sold II
: der any conditions unless the officers here
l. named shall state that such sale is nece
d sary to protect the state from loss.
q The above section of the law has not be.
e complied will! in any particular: hence. Il
4 pretended sale is illegal and void. and
e permitted to stand. the state school ful
IS will suffer loss Of at least Sill 900.
Il In relation to the so-called appraisal ma
s. by Witness Pratt and others. at the I
y quest of Mr.. Hierman. we find that the
d was an appraisal made of this and 9th
o schools lands in the vicinity. but such a
s. praisal was made in the latter part Of Apr
b 1892. or abort three months after the sa
o to G. A. Smith & Co.. and could have h
% no bearing unon the sale in question.
q Your committee would respectfully reco1
e mend that C.. A. Smith & Co. he required
l. pay at least 81 per thousand feet for t
timber already cut on section &c. town
ID range 26. and that the timber remaini
d uncut on said section SO be disposed Of
i public sale to the highest bidder. MS pl
vided by law; and that this report, or
:. copy thereof. be transmitted to his exc
= lency, the governor. and that he he
II Quested to take such steps as will best 81
= tect the interests OF the state.
es w. "A. FLEMING,
E. r. C.%DUHN.
- THE ATTORNEY GENERALS REPORT