The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-03-22
SUING A BRA|NERD FIRM
STATE TO BEGIN ACTION AGAINST
1T FOR TIMBER TRES
PASS
IS TREBLE THE AMOUNT CUT
Under the Law the State Is Permit
ted to Claim Punitive Damages
From TresDassers ON
It's Lands.

State Auditor Dunn will, within the
next ten days commence suit against a
dozen numbering firms that have COM
mitted trespass upon state lands. Mr..
Dunn yesterday authorized Attorney Gen
eral Douglas to commence suit against
Blakeley- & Farley, of Brainerd, for tim
Der cut from state school lands two years
ago Suit will be instituted for damages
in treble the value of the pine Mr. Dunn
stated yesterday that he had given the
Brainerd firm ample opportunity to come
forward and settle for the timber cut In
1888, and that he had been able to get
no satisfaction from them. Mr.. Dunn
further stated that he had notified a
dozen other lumber and logging firms
that are in the states debt in this respect
that if they do not pay up he will shortly
after the first of the month commence
suit in the district court. Mr.. Dunn has
prosecuted very few cases of timber tres
passes in the courts, for the reason, with
the exceptions noted, he had been able to
secure a settlement out of court.
The ten or dozen suits will be brought
In the Ramsey county district court I'M
less the companies Immediately pay the
the state that the cases be tried in Ram
sey county, where an unprejudiced jury
can be easily secured. Mr. Dunn will
fight any motion for a change Of venue
and endeavor to have all cases tried in
this county. The states records, books,
etc, are here, and he believes that the
litigation should all be brought off in
st. Paul
OloiT fI,0
small lumber companies, rather than the
large corporations There is, he says,
but very little Illegal cutting done by the
big companies, and when they do cut
over the line, either by accident or other
wise, they always promptly pay the
states claim. 1t is the smaller concerns
and the contractors of very little respon-
sibility that cause the most trouble.
All the papers In the BIakeley & Far
ley matter were placed in the hands of
the attorney general yesterday and suit
started for something in the neighbor-
hood of $1,000. The pine cut amounts to
less than 100000 feet, but the state au-
ditor values 1t at $6 per thousand. and
Will sue for double damages The law re-
lating to timber trespasses is very severe
In It's provisions, and for that reason most
companies nave been very willing to set
tie on civil basis and thus obviate
criminal prosecution.
AT the discretion of the court the stat
ute provides for both a fine and irnnris
onment Several of the firms which Mr.
Dunn will prosecute have been logging
In the vicinity of Brainerd and have their
headquarters at that place very close
check has been kept on timber operations
all over the state. A dozen cruisers have
peeh IN the woods, representing the state.
since last November. Whenever logs have
been cut the state estimators go over the
work, check up the lines and wherever
concern cuts into school section of
pine claim is Immediately presented
Mr.. Dunn will quite probably employ
out OF the fund appropriated for that
purpose additional legal assistance in
the prosecution of the timber cases. At
torney General Douglas is already crowd
ed with work from every department If
the state government, and to give the
cases the attention they deserve assist
ance in the persons of T. e. Byrnes and
others will be secured. Mr.. Byrnes has
represented the state in nearly all fte
timber and land litigation. both At
washington, before the department of
the interior, and in this state.