The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-09-19

q
neapolis lumberlnan. But find that no action
was commenced until about two months ago, and
Mr.. johnson was given the credit for having the
suit instituted.
In this connection I refer to the state Of Min
nesota vs.. Sheylin & Carpenter, 50 Mimi, S3-109,
Inclusive where Chief Justic Start says: ''Ac-
cordingly, this court has adopted and repeatedly
applied the following rule in actions of trespass
in troyer: Where the defendant is wilful
trespasser, the measure of damages is the full
value of the property at tho Tina and place Of
demand but If he Is only an unintentional or
trcspasser-that Is where he honestly
and reasonably believed that he had the legal
right to take the property, then the measure of
time and place and In the condition it was
taken
During the eight years served as auditor, the
FIRST four years the price of stunpage was very
low. Every one knows that there was depres-
sion In the lumber business In the years 1885,
1S98, 1897 and 1893. In the eight years held
six general sales of timber; held no sales in,
1896 and 1890, and the amount derived from
those six sales, including the outstanding per-
mfts, was So, 257 600, while in all the previous
history of the state ten times more timber was
sold or disappeared from view and only 81 S4O-
992 was realized. 1 think the figures quoted
amply demonstrate and prove to the satisfaction
of all fair-minded men that the timber inter-
ests of the state were not neglected during my
administration. Il have no hesitation in saying
that had the states timber been handled as we'll
prior to my administration as during my adj
ministration the permanent school and the per-
So, 600, 900 larger than they now are @-l-.. ~
Pine Land Investigating Committee.
The state legislature of 1893 appointed pine
land investigating committee for the special
purpose Of Investigating all state timber stump
age transactions. which had taken place prior to
1896, and provided 1t with a fund for the purpose
of employing cruisers and defraying expenses. 1t
was supposed that this committee covered the
field thoroly which it undoubtedly did. Any
reflection which the public examiner may cast
upon any timber transaction occurring prior to
1895 falls with more force upon this nine land
investigating committee than upon R. c. Dunn.
The names of the members of the above COM
mittee as follows: Ignatius Donnelly, s.
w. Leavett, a. Y. Eaton, g. f. Staples J. f.
jacobson and NJ. J. McGrath.
The law of 1895 Chapter 1853, General Laws
of 1880 specially provided that all timber esti-
mates made prior to the passage of the bill were
null and void. This made it impossible for me
to pay much attention to old matters as the ap-
preparation made for the purpose by the legisla-
ture only admitted of the state auditor employ
ing three cruisers in the field and they were
necessarily kept busy looking after cuttings
which wers made under permits then in force.
But where the state auditor learned of old cases
where cuttings had not been paid for, the facts
were noted and where evidence could be- secured
collections were made. '.;'~'
AS matter of fact, there are very few
cases to which the public examiner calls atten-
ton where there Is the slightest grounds for
criticism. His report Is the most reckless and
misleading collection Of statements ever issued
by public official His gross misintrpretation
OF such terms as new cuttings reported by
the cruisers, which he constructs to mean that
cutting was made of state timber and follows
with the inquiry why the cutting reported was
not paid for" and the similar con.
around" ''cut south and east side,' which
also leads him to inquire why this cutting was
not paid for, indicates his supreme ignorance OF
the matters upon which he presumes to sit in
Judgment. Any person possessing but slight
knowledge of the lumber business could have in
formed him that the term new cutting, means
that the timber never was cut into, and, thai
cuttings on east and south, - or s:euttfnes al
around,'' means that the timber on lands adiofn
| ing the state lands had been cut, and that il
consequence, the state timber was in danger q
fire originating in the 'slashings'' on these ad
| joining lands
About Bark Marks.
| In one Of his former reports Mr.. Jobnso,
| makes great ado over the fact that bark mark
were not contained in several Of the ner1nit
when the same were, recorded in the auditor
otnce All have to say In reply Is that
lumberman who would dump his logs into
| stream Or lake without properly marking tn
| same would be fit subject for a lunatic asylum
| HOW, In the name OF common sense, could thu
logs be identified at the boom If they were no
properly maket? The letters MIN must b.
! stamped on all logs cut on state lands and as
matter Of self protection, If for not other .rea
| son, the owner must af1x some other mark t.
enable him to distinguish and claim his prop
| erty.
1t has been asserted that ought to have aske
T the legislature for an additional appropriation
It was all we could do to hold the appropriations
At ST. 600, to say nothing about increasing ii
gut of that $12oao We had to opays for sapprais
Ing, advertising and selling state lands carin
for the mineral output and protecting the state
1 timber.
I When Mr.. Johnson's first report was turne
| over to Attorney General Douglas, and tina
conscientious official was .ursed by both :. tn
governor and the public examiner to commenc
| suits, am reliably informed that -Mr. .Dougla
said there was nothing in Mr.. Johnson's srepor
to base an action on. I might say more O
| this subject, but will forbear for the present
| During my administration I exercised ever
| care to protect the states timber, and realize
the highest prices obtainable, and never sold
stick of timber save at public SALE as provide
by law No Partially was shown any man q
| hrm by me. I treated all alike That mis-
takes and errors Of Judgment were made, I wi
not deny; but reiterate that in every instanc
| acted In the best interests Of the state, ACCORD
! ing to the best Of my knowledge and BELLE
Every dollar collected for trespass, whether
was ~ or $11,OO0.' is accounted for and wa
paid into the state treasury, and no attempt wa
made to cover up or conceal any transaction, an
the records Of the office were always open
anyone for inspection Robert C. Dunn
4