The representative. [volume] (St. Paul, Minn.) 1893-1901, 1895-01-16
PINE LAND THEFTS,
The foil owing is that portion Of Gov
Nelson's message referring to the pine
In "a

Inc Toll owing is that portion OF Gov
n elson's message referring to the pine
land thefts.
resolution Of the legislature of 1898 directed
me to make judicial investigation of the sale
Of pine stumpage upon section IS, township AZ OF
range IS, Mile Laos county, made by the state
auditor to c. A. Smith & Co., and authorized
me to employ counsel and incur expenditure for
that purpose. Pursuant such direction and
authority, I employed counsel and instituted
through Them in behalf OF the state, an action
against c. A. Smith & Co. to annul the sale
and to recover pay for the timber already cut.
In this action judgment obtained against
the defendants for the of SO, ao2. As damages.
uncut, which was upwards of two-thirds of the
entire lot was annulled. Out of the amount
covered l expended the sum of 1922 in attor
neys' fees costs and disbursements and paid
the balance, amounting to $S.OS2 4S into the state
treasury.
Pursuant to joint resolution No. 5 Of the legis
laturc of 1893, committee of three members Of
the senate and four members Of the house was
appointed to investigate all frauds committed in
despoiling the school. university, internal i'm
provement and other lands of the state of their
timber BY the provisions of the same resolu-
ton the governor also directed to investi-
gate and examine school lands containing pine
timber which had heretofore contained such
timber The appropriation of $4,000 for the use
Of the committee and 10000 for the use Of the
governor made by the resolution aforesaid was
only allowed by the state auditor to the extent
of $7.74s2 9-the unexpended balance of the ap-
preparation for the legislative expenses of 1893
and of this amount s., 900 placed at the dis
posal of the committee and the balance at the
disposal of the governor The committee has
nrpc cd md made Crpa
devolved upon it by said resolution, and mas
much it hampered for the want Of funds
and the work assigned to me by the resolution
was on the same line and for the same purpose
that entaed upon the committee, l made 1t
my agent to carry on the work of investigation
assigned me, and such agent placed at It's
disposal the funds allotted to myself. The COM
mittee has made very full and comprehensive
report, which contains detailed account of its
work and many valuable and important recon-
mendations and suggestions. for which invoke
your most earnest and attentive consideration.
Steps should be taken, under proper legislation.
to continue the work of investigation SO we'll in
auguarted by the committee, and ample facilities
and additional funds should be literally provided
for that purpose.
In connection with this subject l cannot for
bear to call your attention to the unsatisfactory
characer of the law to the sale of pine stump
age NO timber other than pine can De SOlu
apart from the land, and pine timber can only
be sold after a board, composed of the gov
ernor, state auditor and treasurer has de-
termned that the timber is in danger of being
destroyed by fire or other cause After such de-
termination the timber be duly estimated
and then sold at public sale to the highest bid
der. The governor and state treasurer have no
means at their disposal by which they can de-
termine whether a given tract of land is liable
to be destroyed. The only data furnished them
is the meager and generally unsatisfactory re
port of examiner sent out by the state au-
dor. And the estimate made preliminary to
this sale is. rule, made in hasty, perfume
tory and slipshod manner. and hardly ever tai
lies with subsequent scalngs In my opinion
it would be well if the governor and state treas
urer are to have anything to do with the dis
posal of pine stumpage, that each of them be
equipped with adequate means of obtaining in
formation through the channels of his own Of
flee, to the end that these officers may be Il
check upon another and upon the state au
dtor and to the end that the state may have
the benefit of the independent and well advised
judgment of each of them. Each of these Of
fcers should also have the same power 10 pro-
an estimate of the pine standing the
state auditor now has From estimates obtained
through three Independent channels more reli-
able data could be secured, which would be .
check upon subsequent unreliable scalngs. The
frauds most likely to occur in connection with
the sale Of pine stumpage arise chiefly from dis
honest and unreliable estimates of scalings.
| commend the entire subject to your careful con-
sideration and attention. Our supply of pine is
year by year growing less and We cannot exer-
else too much in disposing of the residue.
In this connection l cannot forbear to call your
attention to the Importance of protecting our
of
subject to regulate, but have no doubt your Wis
dom will devise means to relieve us from
present helplessness. You have ample au
thority in the premises for the subject is clear
ly within the police power of the state.