The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1893-12-07
& RIGHT PREV Ais.
The Famous Pine Case of the
State VS.. G.. a. Smith s.
Go. Decided. s
Judges Baxter and Searle Annull
the Contract Made by Aud
itOr, Biermann.
They Hold that the Private Sale
was Contrary to Law, Hence
Null and Void.
Defendants Must Pay 81 Per
Thousand Feet for Timber
Already Cut.
Fleming and Dunn's Report to
the Legislature Sustained
in Every Particular.
/ ~ : @ -
A Complete Resume Of the Case
With the Judges Decis-
ion in Full.

Pine barOns, halt! You will no longer
be permitted to amass colossal fortunes
through the cOnnivance of State officers
and at the expense of the school. chill
dren of the State. A precedent has
now been established which had it
been established twenty-five years ago
would have been worth millions Of dol
lars to the public schools of Minnesota.
Judges Baxter and Searle, after care
fully weighing every particle Of evil
dence and after the most mature de-
liberation, have decided that the sale
of the pine timber on section So, town.
ship AZ, range 26, the same being a
school section, was irregular and void,
and that the price obtained by the
State was 100 per cent. less than the
actual value of the pine stumpage in
question:. In other words, Judges Bax
ter and Searle sustain the minority re-
port made by Representatives Fleming
and Dunn to the speaker of the house
of representatives on April 10th, 1898.
f. - A RESUME OF THE CASE.
B In the fail of j sa2, Anoka lumber
who had carefully and at considerable
expense estimated the timber on sec
tion SO, with the intention of bidding
on the same when it was offered at
public sale by the State Auditor, were
surprised to find that the timber had
been sold at private sale to C. A. Smith
& Co., and at So per NJ. when it was
we'll worth 81 per M. The matter was
brought to the attention of r. G. Dunn,
who was candidate for the legisla-
ture, at political meetings held in For
eston and Milaca, prior to the election
| in 1892, and he pledged himself, if
elected, to have the matter investi-
gated by the legislature. Pursuant to
his promise, on the 25th of Feb, he Of
fered resolution requesting informa.
ton from the State Auditor. (See
minority report below. Suffice it tc
Say that committee Of five was ap
pointed to investigate the sale of the
timber on the school section in ques
ton. The committee was composed O.
Dunn, Fleming, zelch, German an6
Cole. The first three were Republi
cans, German was Democrat and Cole
a Populist. From the first meeting O
the committee it was evident tina
there would be two reports submitted
to the house, as German was intent OF
| whitewashing Auditor Biermann. Blu
Fleming and Dunn never for a momen
imagined that they would be in th,
minority. On the 10th of April Elem
ing and Dunn submitted the minorit
report, and on the 18th of April Zelch
Cole and German submitted the major
ity report. Every obstacle seemed T.
be placed in the way to prevent or de
lay the house from acting upon the re
, ports. But finally Dunn succeeded i
having the reports made a special OF
: der for P. NJ. April 18th, the las
working day but one of the session.
| THE MINORITY REPORT.
st. Paul, MINI. April ID, 1898 Hor
William e. Lee, Speaker House Of Repre-
| sentatives: Your committee appointed
. investigate alleged Irregularities in the Of
fee of the state auditor, beg leave to re
| port as follows:
On Feb 25 Representative Dunn intro
duced the following resolution which wa
| adopted: 5s#
Whereas, 1t is charged that the pine tin
Der on school section 36, township ~, rang
26, Mile Laos county, has been sold to
| Minneapolis lumber firm at less than hal
| it's value; therefore be 1t
Resolved. That the state auditor be an
) Is hereby directed to report to this hous
within five days Of the receipt Of this rese
ton whether the pine timber on said SCI
ton :;G has teen disposed Of When, t
llwhom and for what consideration, an
whether the sale Of said pine timber wa
public or private, anil IL at public. sale
| when, where, and In what manner motto
Of said sale WAS. given.
Resolved, That the chief clerk of thi
house be and Is hereby elirecred to serve
copy OF this resolution on the state auditc
forthwith. 8s :.
On Feb %, In response to the above, th
following communication from the stat
auditor was received in the house OF rel
= rescntntiycs. and appears on page 2 OF th
| house journal of Feb. 9S s$ S 49,