The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1893-12-07
THE DECISION IN FULL.
STATE OF MINNESOTA,
County OF Mile Laos. District Cont


The State of Minnesota, We. Charles A. Smith
E and John s. Pillsbury. .isS y
This cause having been duly brought on for
hearing before the undersigned, judges of said
court, at general term thereof, duly held at the
conrt house at Princeton in said county on the
2sth day OF September, 1898, Messrs. ". p. War
Der and Harris Richardson appearing on behalf
of the State, and Messrs "A. B. Jackson and An.
drew Holt appearing on behalf of the defendants
Now, after hearing the evidence adduced blythe
respective parties to The cause and the arguments
of counsel, we do find as facts:
l. That the defendants, Charles a. Smith and
John S. Ptsbnry, were at all the dates herein
and in the complaint mentioned, copartners un-
der the firm name and style Of G. A. Smith &
Company and engaged in the business Of mahu-;
featuring and selling pine lumber, the purchase
of standing growing pine timber and converting
it into logs and lumber. That A. Bermann since.
january 9Th 1891, has been the commissioner of
the State land office of the State of Minnesota
2. That said State of Minnesota, was for a long
time prior 10 the 22nd day of January, 1892, ever
| since has been and still is the owner and entitled
| to the possession of the following described land
situated in the county of Mile Laos, in the State
| of Minnesota, viz: Section 36, township %, north,
| of range 26, west. That said land is school land
and was at all times covered with a heavy growth
of virgin pine timber; and that the 26th day of
January, 1892. said Biermann, as such commits
sioner of suid State land Office sold all the pine
! timber on said land to said defendants at their
request without public notice and at private sale
| 3. That when said commissioner made said
sale, he executed permit under his hand and
official seal and dated it back to the 18th day of
December, 1884, and delivered the same to said
defendants. and they duly filed it for record in
the Office of the surveyor general of logs and lum-
Der for the Second district of the State of inne-
sofa, on February Sth. 1892, and caused the same
to be duly recorded in said Office in book Of
| records. on page 1863. true copy of the permit
is attached to the complaint herein. Said de-
PENDANT, Smith: US principal with one c. j. j ohm
son and said defendant Pilsbnry, as sureties, ex-
ecuted bond to said State in the sum of thirty
five hundred dollars, conditioned upon the faith
full performance of said permit
4. That although said defendant Smith was
named in said instrument as the purchaser of said
timber. both of said defendants were the real
benefclaries of the parties in interest, and a.
though said permit cited that there were but 7OO-
600 feet of timber on said land nevertheless at the
time OF said sale there were at least $500 900 feet
OF hrst class, thrifty, merchantable pine timber
growing and standing on said land. That no
estimate or appraisal of said timber was ever
made by said Biermann, as commissiO ner of said
State land Office, nor was any statement regarding
the liability OF loss or damage to i'd timber sub
mltted to the governor, treasurer and land com.
missioner of said State. did the governor
treasurer Andsaid land commissioner ever make
or sign any statement declaration, either by en-
dorsement or otherwise, that it was for the bes
interests OF said State that SAID pine timber
should be sold or that sale thereof was necessary
to protect said State from loss and said timbe,
was not then liable to waste and damage nor did
said commi ssioner ever make any statement. Of
the situation of said timber relative to risk from
fire and damage and its distance from the neares
lake, stream or railroad. 80 Ii.
5. That on the list day of September 1892 one
} H. G. Lindsay, agreed with said defendants tina
he would cut, haul and deliver in the boom al
timber suitable for saw logs on said land, during
the seasons of 1892 and 1893 and 1S9s-1894 fo
which said defendants were to pay five dollars
per thousand feet and one-half of the toll Charge
by the Rum River Improvement Company. Tha
under said agreement said Lindsay. acting TO
: and on behalf of said defendants, cut ana re
logs TO the amount of 2432. 01O feet and cut out
logging road one mile in length across the same
That said logs were marked NJ and wer
I thereupon duly scaled by the surveyor general O.
logs and lumber for said district, and said de
PENDANTS converted said logs to their own use, AM
paid to said Lindsay on his said contract abou
the sum of 100000 of which $4,000 was PAL,
after the 18th day Of April, 1893: ". 47a
4t n rjn Of Tho
, of said State in 1898 an investigation was mad
! in respect to said sale by committee appointe,
by the house of representatives from among it
own members and tw reports were made to ssai
: house by said committee, one minority report
I a copy OF which, except as to that part reviewing
: the evidence taken by said committee is '.Exhib1
:, c." of said defendants answer, and the other
;, majority report of said committee, copy o
which, except as to that part reviewing the cvi
/ dence, is Exhibit B.' of defendants answer L
e connection with said investigation the attorne
general of said State, on the 23rd day of March
, | 1898, gave written opinion in regard to tn
right of said commissioner to sell pine timber be
Z longing to said State at private sale, copy
r which opinion is Exhibit D.'' attached to sal
q answer. That during said session of said legis
lature it duly passed joint resolution for the az
pOlHtllCul Vi u COIllWlttcc ~ investigate Certdl
frauds upon the State and in relation to the sale
the public lands of said State and the despoilin
T. the same of the timber, and a second resolutio
requesting the Governor of said State to take sue
y prompt action as he might deem necessary 10. 81
cure full and final investigation in the court
l. of the sale of said timber to said defendants
r. this cause, each of which resolutions was du
: approved on the 10th day of April, 1893. On tt
y 9Th day of May. 1898. said commissioner drew
e draft in writing c. A. Smith and Compa1
for the sum Of $4,S46.0S and on August 22n
u; 1898, one day prior to the verifcaton and~tl
i service of the answer of said defendants in tn
- cause, and long after the commencement thereo
q said defendants handed to the State treasurer
l. small sum of money on account of the purcha
n of certain pine timber by them from the Stat
= and there being more than enough to pay Their
for, said treasurer at their request endorsed t
IL sum of $213.15 upon said draft.
~ T. That on the 23rd day of June, 1893, the So
N plaintiff, through the governor of said State d
manded of said defendants that they 81
- render and relinquish to said State t
- said permit, and ali their right al
l.s.I. ~ -, A..