The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-28
ON MERGERS TRAIL
Government Alleges that Former
Agent Allotted Company in
Taking Timber.
Sullivan also Accused of Frauds
Latest Sequel Of the Common,
wealth Case. !" :,

Fergus Falls, Mimi, Oct. 2S.-The big
suit filed by the United States govern
n1ent against the Commonwealth Lumber
company, of which Lieutenant Governor
Jones is president, Is likely to result IN
some sensational developments before 1t
Is finally settled. The suit is for $115.-
500 20 and interest for timber cut on gov
eminent land. The original complaint al
leges that Phelix Bison, w. T. Warren,
A. L. Doucette and others cut timber
from various sections Of government land
and turned it over to the Commonwealth,
company for use in it's mill at Frazee. i
This complaint was filed in the United
States court here on Jan. s last. and on
March the company filed an answer as
sorting that the persons who had cut the
timber had done so under contracts made
by Captain w. A. Mercer OF the Seventh
cavalry, who was at that time Indian
agent at the Leech Lake agency and fully
authorized to act for the United States
government. The various contractors are
named. together with the amounts which
they cut, the largest single amount being
S,146.426 feet cut by A. L. Doucette and
his men.
This timber was cut under the rules and
regulations promulgated by the secretary
of the interior, who, under the provisions
OF the dead and down act, was allowed to
authorize Indian agents to make contracts
with loggers for the removal Of dead and
down timber from the reservation. It was
eventually purchased by the Common
wealth company, and the company, In part
payment rendered Captain Mercer the
use Of certain camp equipages and neces-
sary supplies to the value of $50, 00O pay
Ing the balance in cash, If the allegations
In the answer are correct
Charges Against Mercer.
The government made formal reply to
ftrin a..
cations in general terms, but stating that
1t had not sufficient data on hand to enter
into specific denial in several instances
1t now comes forward with an amended
reply alleging, In unequivocal terms, that
Captain Mercer and Daniel Sullivan, the
acting superintendent of logs and logging
were in league with the company and
aided and abetted 1t In cutting green tim
Der. neglecting their duty to the govern
ment; that the contracts entered into
with individual contracts were all made
at the instance Of the company, and that
Doucette, the heaviest Of the contractors
was not even aware Of the nature of the
contract he was signing at the time he az
fixed his signature. The amended reply
accuses Captain Mercer of failing and neg
lecting to employ competent scalers, and
denies his authority to make such CON
tracts as those which resulted In the strip
ping OF the land. +
Inc Whole tenor or the reply would In
dictate that the government is much in
earnest and that the end is not yet.
$500 Battle Lake Contract Adjusted.
The difficulty over the acetylene light
plant at Battle Lake has been amicabIy
adjusted and the plant will be RUN by the
company that put it In. The village coun-
Gil contracted for it without submitting
the question to vote of the people and
the treasurer refused to honor the war
rants.
Phil Barney, saloonkeeper at East
Grand Forks, filed petition in bank
ruptcy. placing his assets at $3.00217 of
which 1910 is exempt and $1.4sl in &C
counts. and his liabilities at s1,5ss0S
Sundberg Bros. threshing engine fell
thru a bridge near Oter Tail lake into
about five feet Of water to- day. and a tele-
phone message says that William Sund-
berg was injured
The Fergus Falls high school football
team was defeated by a city team this
afternoon by a score of to 0.