The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-03
BIG LUMBER SUIT
COMMONWEALTH COMPANY ASKED
TO PAY $50, 900 TO FEDERAL
AUTHORITIES
CUT GOVERNMENT TIMBER
District Attorney Purdy Says Con-
gress Alone Can Delegate Au-
thOrity to Cut Green
Timber.

United States District Attorney M. d.
Purdy returned yesterday from the East,
after a weeks absence On official bust
ness with the attorney general at Wash
ington.
Mr. Purdys visit to the national cap
ital was at the request of Attorney Cen
eral Knox, in relation to the suit Of the
government against the Commonwealth
Lumber company, Of F'razee Mimi the
principal owners being Ray w. Jones and
Thomas III. Shevln. This SUI, is to be
tried at the present term of court, and
is for the illegal cutting Of about ,00J, go
feet of green timber on the White Earth
reservation, under the dead and down
timber act of 1897.
During the past year this lumber COM
pany entered into a contract with the
then Indian agent, Mercer for the pur-
chase of 100000 feet Of logs on that
reservation. Agent Mercer hired the In
dams to go on the reservation and cut
the logs, but later inspectors reported
that LOCO, 600 feet Of green timber, other
than boom sticks and the timber from
the roadways that was allowed to be
cut in getting to the dead and down
timber had been cut.
The Commonwealth settled for this
amount at about So additional per thou
sand, but subsequently it reached the
ears of Commissioner of Indian Affairs
w A. Jones that instead Of LOCO, COO there
had been 8,000000 feet cut Of green TIM
Der. Timber inspectors were sent from
Wisconsin,, and they found the reports
true.
The defendant lumber company demur-
red to the decision of the authorities and
to the payment Of the s. additional per
thousand, or about $4,000
United States District Attorney Purdy
made the point that neither the secretary
OF the interior, the commissioner of In
dian affairs, or any one else had the right
to delegate this power OF cutting govern
ment green timber, or to make such a
settlement, that power alone being vested
in congress That was the ruling that
had been made in the Pine River Lumber
company case, and Mr. Purdy in a long
communication to the attorney general
outlined his views in the pending case.
After consultation with the secretary
of the interior, commissioner of Indian
affairs. chief of the land office and the at
torney general, Mr.. Purdy's views have
been accepted, and he has returned to
fight the case along those lines. 1T the
dead and down act Of 1897 this cutting Of
dead and down has been placed under
the supervision of the secretary of the in
terror and the power delegated in the
order named to the commissioner Of In
dian affairs, and the reservation agent,
with certain rules and regulations.
There is another illegal timber cutting
case of the government against b. w
Bacus, calling for the payment Of $4,000
for 100000 feet cut on government land.
Mr. Purdy has been to Toledo, Ohio.
while East, and taken the deposition Of a
former government timber inspector,
horned lie Seur, which he will use in fighc.
ing this case.
AS soon as he arrived, Mr.. Purdy went
directly to his office and there began
preparing the papers in the habeas corpus
case CT Francis S. Mayer, which comes
up before Judge Lochren today.