The representative., 1894-12-26

do it personally.
@. Then you draw a salary Of 81 500
for supervising the work of clerk
whom you employ to do this work?
A. Yes, sir. " 't-A
Q. Do you not, as a matter of fact,
keep the position here for the purpose
of getting information regarding state
lands state swamp lands, which you
could not otherwise obtain, for the pur-
pose of using that information in your
outside business?
A No, sir. would have given it up
two years ago if l could have found
employment for him.
q. Have you not told me within six
months in the presence of Mr.. Staples
that you would not Stay here five min
utes only for the information that you
were getting regarding state lands?
A. | told you that two years ago.
when the Legislature wars in session. l
don't recoilect when.
Q. Would you remain in your pres
ent position were it not for the infor
nation you obtain?
A. | would resign It, only it affords
some little compensation for me and
affords employment for Mr.. Bates.
q. Do YOU ever transact any state
business in your office in the Pioneer
Press building?
A. No. sir, not that 1 recollect of;
might sometimes.
Q. Don't you sometimes write let
ters regarding the disposition of state
stumpage from your office in the Pio-
neer Press building?
a. | don't think So don't recollect.
Q. Did you ever negotiate any sales
of Stumpage from your office in the
Pioneer Press building?
\. Not that | recollect of.
q. Are you willing to swear posi-
lively that you never did negotiate
such sales there?
A. l would not swear that l did, or
that | did not
@. Did you at the time, or soon af-
ter you entered the employ Of Mr.. Bier
MANN ask Mr. Biermann whether or
not you would be allowed to purchase
pine stumpage at the regular sales:
A. | think | did
Q. What answer did he make to that
question?
\. l don't recollect just what he did
say.
Q. Did he reply that you could do
so. or couldn't do so?
A. Well. I should say no, that he
said couldn't is my recollection.
O. In order to refresh your reco,lec-
ton, | will ask YOU this question:
Didn't Mr.. Biermann reply emphatical-
ly refusing permission for YOU to do
so, and didn't you say to him in reply
to that refusal IN words substantially
as follows: "All right, I'll buy it just
the same.
A. l don't recollect.
Q. Don't you recollect of replying to
him of words to that nature?
A. I don't recollect what his reply
was.
=. 1t seems to me that such a reply
ought not to slip your memory.
y. | wouldn't swear either way.
Q. You might have said that to him?
A. l might, and l might not.
A. Well, if you did say it, did you
mean u?
A. | don't care to answer that in that
way: | don't think | said it, still,
might.
Q. Well. if you did say it. have you
carried out the provisions of your
threat and bought just the same?
A. | don't recollect.
O. Don't you recollect whether you
have purchased any pine stumpage in
the last three years either directly or
indirectly?
A. No
@. Has any party bid in any pine
stumpsge for you in his name at any
sale since Mr.. Biermann has been au-
ditor?
A. | don't recOllect it.
c. DO you swear positively that no
such instance has occurred?
A. wouldn't swear one way or the
other.
.. Do you deny that you have done
that?
A. don't deny or affirm it.
In the judgment of the committee
the foregoing statement of facts, Which
is unimDea cha BILE, coupled with the teS-
timony quoted, shows laniei.,able
condition of affairs in the state au-
ditor's office, and very low estimate
an tho mart of that official of what con-
stitutes the duty of the clerks in his
office to the people of the state.
CHAPTER I.-SALE OF STUMPAGE.
The first cbapter of the report covers thir-
tv-two pages In the outset the committee
declares that from an extensive research
the committee is satisfied that the saies'
as a general rule are conducted in the inter
ests OF the buyers of stumpage and rarely IN
the interests of the state. The committee
charges some of the ills to defects in the
laws but nevertheless the committee be-
lieyes that the state officers have been guilty
of criminal negligence for. the past twenty
years in the enforcement of the provisions
of the laws calculated to protect the inter-
ests of the state from the depredations of un-
principled men.
The committee further states in this intro
ductory chapter that it is in evidence that
sales have been conducted in a manner to
shut out honest bidders by allowing some
to run up the figure, and. after filing their
bond, allow it to expire by limitation without
cutting any timber. Afterwards the same
tract would again be put up for sale, when
the honest bidder was not present. At the
subsequent sale the purchase price would be
at greatly reduced figure.
A number of instances of this character
are then given to illustrate the truth of the
assertion. And these taken from the
testimony of Mr.. Clark, of the auditors
office.
The committee finds that all provisions of
the permits to cut timber have been totally
neglected and that Matthew Clark. chief of
that department. failed to make proper re-
port to his chief the state of affairs be-
believing that the sales. where there was COM
petition. had not been conducted fairly and
honestly