The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-05-06
Public Examiners Report on
Timber Trespass.

Z Timber Trespass.
The legislative session Of 1895 passed
a law (chapter 1853 for the purpose
of discouraging trespass by lumber
men on state timber lands. It was
represented that in cutting timber on
their own lands, lumbermen were not
always careful to observe the section
lines, and often trespassed upon state
land cutting timber which belonged
to the state and settling for it after
ward, if required to do so. 1t ap-
peared, however, that the states inter-
ests were not always properly guarded,
and so the law provided that in the
case of trespass, the timber cut should
be estimated by state agents at it's real
value, and that settlement should be
made at double the estimate in case
of accidental trespass, and at three
times the value in the case of Wilful
trespass.
IT seemed when this law was passed
that the state had protected itself
pretty thoroly against trespass, and
that it had made trespass so unprofit-
state auditor, it would be practically
abolished.
The Princeton Union, on May II,
1893, called attention to the defects
in the law existing at that time, leav-
ing too much discretionary power
upon the auditor to settle in cases Of
!respass, and made the following state
ment: . ....
State auditors have exercised too
much discretionary power heretofore,
and it is high time that the precedent
was established that mere clerks of
the state cannot dispose of pine tim
Der Of the state to their favorites for
1.-THE of it's value and in fragrant vio-
lation Of law.
The editor and proprietor Of the
Princeton Union, coming into office
as state auditor two years later, it
was confidently expected that. with
the law of 1895 to back him up, tim
Der trespass would practically cease,
and, as he stated in his paper, tim
Der land would no longer be disposed
of at less than it's value and in fragrant
violation Of the law.
Yesterday report was made to the
governor by the public examiner
which clearly shows that that hope
was not realized. Under the instruc-
tons Of the legislature, the public ex-
aminer has been engaged for several
months in making an examination OF
the auditors office. The report sub
mitted yesterday shows that in sixty.
nine cases Of timber trespass, occur.
ring during the years 1895 to 1902
inclusive, settlements have been made
with timber trespassers by the state
auditor for sums aggregating nearl!
100000 less than the state was en-
titled to recover. The substance O
that report was given to the readers O
TIL Journal yesterday.
In considering this report we TAX
1t that the public is concerned not s.
much with the success Of the lumber
men in securing their timber from
state lands at less money than the lay
requires them to pay, as with the con
duct of the states agent in disposin
of that timber for less than half tn
state was entitled to receive. TIL
action Of the lumbermen in seeking t
acquire this timber at the lowest pos
sible price, whether it be altogethe
free from criticism or not, will b
viewed by the public generally fror
the standpoint of a business trans
action. The public, however, has
right to demand, and will, no doub
require an explanation from it's agen
who appears to have neglected til
interests Of the state and to hav
while acting as mere clerk of tt
state, disposed Of pine timber %,
longing to the stateJ at a 1.-THE of
value and in fragrant violation Of tt
law"
Several peculiar facts have been d.
veloped by this examination into tt
settlement of these trespass case
For instance, it appears that timb
acquired from the state by trespa
has cost the trespassers less in pr
vate settlement with the auditor thu
that which they have been obliged
pay in buying timber at public sal
In other words, 1t was cheaper to
upon state land as trespassers al
s take timber and settle with the sta
auditor for it afterwards than 1t w
to buy it at public sale. altho the la
clearly provides and certainly i
tends that timber taken in trespa
should be paid for at such prices
would make it undesirable and u
profitable to commit a trespass.
AS for comparison of the stun
age price obtained by the prese
auditor and his predecessor, it
claimed that the price of lumber h