The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1894-10-25
For 900 bushels wheat(I ~
We Give You more KIN
.thank market price LEI
SVUs22 ASsSNAS

transaction was q shady one. A suit was
brought against c.. A. Smith & Co. in
July, 1893 In explaining his connection
with the matter, Mr. Biermar ms defense
was simply that he had right, under the
law, to do what he had done.
Trial Disclosed Some Queer Things.
On the trial of the case it appeared that
Mr.. Biermann had stated in the permit is
sued that there We're 700, 900 feet of timber,
whereas, in fact, there were 5,500,000 and
while Mr.. Biernann had sold the timber on
section 36 on January 28th, 1892, at pri-
. vate sale, yet when he made out the per-
NIT, he dated it back to December 18th.
1891. This was because there had been a
public sale upon that date, and one who
did not look into the matter to- carefully
would not discover the fact hc private
sale. y ssS~
j, Mr. Biermann stated that the timber
had been properly estimated and appraised;
the. court found that no estimate or ap-
praisal had ever been made.
The court, after hearing the case can
celled the permit, thereby giving back to
the state 5000, 900 feet of timber, and found
that the timber which had been cut was
worth a per thousand. although Mr..
Biermann had sold it for 81. Judgment
was given in favor of the state and the
amount paid over to the state, as a result
of this suit, was $50, SO2. 49,
Determined to Run Down Pine Land
1@ = Fl " Frauds.
:, As q result of the investigation insti-
tuted by Mr.. Dunn, the legislature before
its adjournment appointed general pine
land investigating committee, to examine
into all pine land frauds.
They waited until they saw the outcome
of the Smith case. ::
On the strength of this decision, they
have since brought a large number OF
suits. The first were two actions against
the H. C. Akeley Lumber company. These
involved two different sections of land
The first two were to recover damages fol
cutting done under permit issued by the
Akeley company. The latter suit was
brought to cancel this permit.
These suits were brought at St. Paul
and the lumber companies tried strenu.
ously to remove them to Itasca county
where the land in question is situated and
where influences favorable to themselve-
might be brought to bear. The courts hello
1t proper to try the cases at the capital.
offered to Pay tho State $4,000.
After the motion for change of venue
had been decided against the companies
the Itasca company offered to settle by
paying $4,000 on account of timber
taken on two sections.
This does not cover all the cutting don't
by the company but only that on the two
sections referred to-.
A
The Akeley company, which held per
NIT to cut on these sections, offered tl
cancel that permit; and by its doing so
the state recovered, in addition to TIT
/ 10000 paid in cash, 100000 feet O.
timber.
|. In the meantime the state had brought
two actions against the Shevelin-Carpen.
ter company; the first to recover the VALUE
of logs unlawfully taken, and the second
to replevin large quantity of logs which
the company had taken but had not yet
sawed into timber. These cases are still
pending and have not yet been brought t.
trial.
The Proceedings Against Foley.
About the same time suit was com
menced against T. r. Foley of Aitkin
The state claimed that, although he had q
permit to take timber, that permit haC
been cancelled by Auditor Braden; that
Mr.. Biermann, by some skillful device
known only to himself, had attempted tc
revive the cd permit that had been can
celled, and made no objection to Foley's
cutting under it.
Foley cut upon the section 2,OO0, 900 feet
of timber, but reported to the state that
he had cut only about 100000 and paid
the state for. ,000,00 at the rate of So Ia
per thousand,
1t was claimed by the state that he had
stolen million feet, and ought to pay
for it on the basis of what the logs would
have been worth. He also tried to
court decided again that it must be tried
atSt., Paul, =
And Foley offered to Settle Out Of Court.
! On the day before the trial, he agreed to
pay 1900 to settle the case, being at the
rate Of $3.50 Per Thousand for the logs
which he had taken and failed to report.
/ II cost Mr.. Foley "a per thousand to cut
the logs and put them in the boom, so that
/ the logs tor which he settled actually cost
!. him 81 SO per. thousand. He sold them
lsby written contract to N p. Clark of st.
Cloud for So 50 per thousand in the BOOM
This IS a financial measure of his anx-
iety to close up the deal without the help
Of the courts.
- Other Cases Are Awaiting Tris,,
Three more cases have been commenced
/ against the Itasca Lumber company, and
ere now pending, awaiting trial. There
are also pending one case against Thomas
L d. - - ~ a