St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-12-27
BIERMANN ON TIMBER
He Sounds a Warning on the
Menace to Timber
Lands,
AND SUGGESTS REMEDIES.
He Recommends an Appeal to
Congress on Swamp
Land Losses.
IN HIS BIENNIAL REPORT
He Also Recommends the
Creation Of a Tax Com
mission.

In the advance sheets of his financial
| report, secured by the GLOBE last night,
State Auditor Biermann warns the pub
lie against the disaster which menaces
the public timber lands, and says:
Ii 1t must be acknowledged that the
state is unequal to the task of guarding
what is left of its wealth of timber until
such time as it shall be expedient and
profitable to dispose of it, then few
| suggestions as to a more effective con-
! troll OF the disposition Of that part of 1t
liable to damage may not be out of
| place. AS to examiners, the law should
require that they give bonds for the
faithful and impartial discharge of their
| duties, and that examinations,
including those of lands al
| ready cut over, be made from
! actual view and in detail, in tracts net
larger than forty acres or subdivisions
| approXlmating thereto. The report of
these examinations should be verified by
afhdavlt OF the examiner. A minimum
| price per thousand feet ter virgin white
| pine should be fixed at So. and for
| inferior qualities not less than
Sl.50. Permits to cut pine timber
| should not be given for term longer
than two years, and extensions beyond
that period rarely, if ever. 1t should
be within the power Of the state land
! commissioner to cause all cuttings be-
| ing done to be examined and sealed
under oath, independent of the scaling
Of the deputies of the surveyor general
OF logs,at least twice during the cutting.
LII this way errors, whether accidental
/ or not, could be guarded against
| and the state assured of fair
treatment. All logs cut should be
marked with bark mark duly recorded
IN the name of the state, ami
this bark mark should not be allowed to
be used but for the logs from one Sec
ton or tract being cut and landed at
any particular landing. The deputies
of the several surveyors general should
be placed under bonds and their reports
verified by affidavit. Ali bills from the
surveyor general for scaling should be
filed In this Office by the 1st of April in
each year, and all stumpage should be
made due on the lst day of May. If not
PAID at that time penalty, say of per
cent, Should immediately accrue, with
interest from the date of delinquency.
| AOIOAlIOh W ouClI VI tllSSS
| datlonS as may be deemed worthy of it
from your honorable body, together
with such others as may suggest them
selves to practical men, will do much to
conserve the public interests.
| swamp Lands.
! I find from the records of the state
land office and from other sources that
| the state has suffered great loss in the
| disposition Uf our swamp lands granted
| by congress. From tull Investigation
/ and mature reflection bestowed on the
matters in controversy l am Of the
| opinion that redress should be sought
| either from the secretary of the interior
| or through congress, and beg, there
| fore to submit for consideration the fol-
| lowing facts and views on the subject:
Ali act or congress, approved March 2,
| 1S49, granted 10 the state of Arkansas
| the whole OF those swamp and over
| flowed lands, made unfit thereby for
| cultivation, remaining unSold at the
! passage OF the act. An act of congress,
! approved March II. 1850, extended the
! provisions of this act to Minnesota and
| Oregon. AS to the disposition of these
lands, 1t Is my opinion that II the ac-
ceptance of plat and field notes of the
survey OF a township duly made was
bona hide evidence as TO the true char
acter of the land within such township
prior to the date of the grant, it is IN
consistent to assume ANYTHING but that
the same kind of evidence ought To
hold good as to surveys made subse-
quent to the grant. The duty of setting
apart these lands was imposed on the
secretary OF The interior, and his author
ity over the lands granted seems to
have ceased with his confirmation of the
surveys describing and defining the
swamp lands. This view is upheld by
the opinions and decisions of various
high official auth&ities. In allowing.
therefore. filings Or entries and issuipg
patents on such lands to individuals,
the government dfspQses of lands al
ready conveyed. In this manner great
loss 10 the state has enSued, and, aside |
from the law and decisions, in violation
of an acceptance by the legislature |
lSection As Chapter 62, General |
Laws 1859 of a proposition from |
the commissioner Of the general |
land Office that the state should abide |
by the field notes of the surveys as des- |
ignating the lands granted. The rec |
Ords or this office show that swamp |
lands, designated as such on the piats |
and by the field notes, were made sub |
Ject TO contest at any time prior to |
issuance Of patent. The proofs fur |
nished by contestants pretend to show |
that the survey was fraudulent and the |
surveyors affidavit false, but in accept |
ing such proof and rejecting the states |
claim the general government takes no |
steps to prevent the repetition OF such |
frauds by prosecution Of the guilty par |
ties, If guilty they be.
Considering the loss to the state |
which has been the unavoidable result |
of the untavorable conditions referred !
to, | would respectfully recommend !
that proper action be taken to obtain /
from congress substantial justice IN tue |
premises.
As 80 Mining Lands.
Under the law of 1889 regulating the |
sale and lease of mineral and other
lands belonging to the state, 2,OS5 pros
pective leases and 331 mining contracts
have been executed. Naturally. much
Of the land covered by these leases has
been abandoned, SO far as the search for
mineral is concerned, and, in some
eases, the annual payments due the state
under contracts remain unpaid. Where
the abandonment of the land embraced
in those contract is concluSively shown
the contract has been sometimes can
celed. and new leases have been al
lowed to be filed. The mining OF iron |
ore on state land has been reduced 10 |
the product from one-Qnarter section of
land, and II the sentiment prevailing !
- sNHAs. A., 4