The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-03

logs after they had been removed from the
reservations, and had entered the market.
but they received and paid for the same with
full knowledge of every provision which the
contracts contained and with full knowledge
that under licenses permitting the removal
OF z,f5o 0O0 feet they were certainly receiving
more tnan SIX, and possibly as much as
eight, times that amount. They cannot be
heard to plead ignorance of the law as an ex-
cuse for their misconduct.
DEAD TIMBER.
Another controversy of much Importance
arose on the trial below and his been renewed
here concerning the meaning of the phrase
dead timber"
The defendants contended and their view
was substantially adopted by the learned judge
OF the trial court, that trees should be es-
temmed dead if they yere injured by fire on
other cause, so that they will die within
reasonable period, although at the time they
are living and have green tops and other
signs OF life" A further contention of de-
PENDANTS was to the effect that even living
trees which were unaffected by fire OF other
casualty might be properly classed as dead
trees, provided they were found standing in
a clump OF trees, a large number of which
were SO badly injured by fire that they would
die within a short time. This contention
was based upon the fact that lumbermen
generally regard such living trees as them
selves dead or as included in the phrase
dead TIMBER
These latter words, as heretofore intimated
when used with reference to standing timber
should be held to include only such trees as
are IN fact lifeless and those which are in
such state of decay in consequence of fire
or other casualty that prudent owner woul
cause them to be cut forthwith to prevent
further deterioration in value
ACTS OF TIDD.
question arose in the trial court concern
ing the extent to which the government would
be bound by the acts of its logging superin-
tendent, one ]. w. Tidd, who had been des-
ignated by the department of the interior to
supervise the cutting and removal of timber
under the five contracts in question.
1t is well settled that the United States Is
not liable to individuals for and is not az
fected by, the unauthorized acts of its officers,
nor their miSfeasance laches.
The defendants well know that no execu-
tive officer of the United States, not even the
president himself, could authorize the cut
ting and removal of living and uninjured
timber standing on public lands. The su-
perintendent had no power to legalize
trespass and estop the government from re-
covering the value of the timber
In addition to the above quoted por-
lions OF the opinion many points, in
teresting chiefly to lawyers, were de-
cided and it was also decided that the
payment Of 10 per cent, above men
toned, would not entitle the defendants
to a corresponding credit, because the
persons who paid the money had no
authority. to remove any living timber.
The case will undoubtedly constitute
a precedent upon a great many ques-
tons that arise concerning the public
landG.
The defendants were represented by
rKoon, Whelan & Bennett, Eugene G.
Hay, John B. aAtwater and Judge Wei
and, all of Minneapolis, and the gov
eminent by John e. Stryker, Of st.
Paul. who was appointed special at
torney for the United States for the
10 H. i
ment of the case from it's inception.