The Sauk Centre herald., 1904-05-12
THE TRESPASS LAW.

THE TRESPASS LAW.
So much talk about timber tres
pass in being INDUCED in by the gu.
bernatorial candidates and the press
of the state that we take the space
to print the law in full.
Chapter 1923, General Laos Q,
IMinnesota, 1895.
"Section If any person, firm OF
corporation, without a valid and ex'
listing permit therefor, cuts and EN-
ploys, or induces any other person,
firm or corporation to cut or assist
in cutting, any timber of whatso-
ever description, on any state lands,
or removes or carries away, or EN-.
ploys, or induces or assists any other
person, firm or corporation to remove
or carry away any such timber, OF
other property, he shall be liable to
the state in TREBLE damages, if
such trespass is adjudged to have
been WILLFUL; but DOUBLE
damages only in case the trespass
is adjudged to have been CASUAL
and INVOLUNTARY, and he shall
have no right whatever to any re-
muneration or allowance for labor
or expenses incurred in removing
such other property cutting such
timber, preparing, the same for
market or transporting the same to
or towards market.
Whosoever cuts or removes or
induces any other person, firm or
corporation to cut or remove any
timber or other property from state
lands, contrary to the provisions of
this act or without conforming in
each and every respect thereto shall
be guilty of felony, and upon con-
viction thereof, shall be punished
by fine not exceeding one thous-
and dollars ($l, ,Ooo) or by imprison-
ment in. the states prison not ex.
ceeding two (2) years or by both in
case the trespass is adjudged to have
been WILLFUL.
Seceion SO. The land commits.
sioner (which is the State Auditor
Ed. is authorized and empowered
to tocompromise and settle any case of
trespass upon such lands whenever
in his judgment it is for the best
interests of the state to make such
settlement; provided, however, that
in no event shall he settle any case
of trespass on such lands until he
has had the timber taken by such
trespass scaled and appraised by a
state estimator, and the written re-
port thereon made and filed In the
Office of the commissioner, as here
in provided; and provided further,
that he shall not make any such set.
tlement for an amount LESS THAN
DOUBLE the value of such timber
as shown by such scale and ap-
praisal.
To summarize: If any one know
ingly and Willingly cuts timber on
lands belonging to the state it is
willful trespass.
If any one ignorantly, unwitting-
ly or involuntarialy cuts timber on
state land it is simple trespass but
not willful. .-.a
The land commissioner (State
Auditory has the right to settle tres
pass cases, but he has no right un-
der the law, as above quoted, to
settle for less than DOUBLE the
value of the timber taken and If he
does so he violates the law.
TRESPASS.
Trespass is the legal term by
which the cutting and removal of
timber from lands belonging to the
state is known as of two kinds.
Where the parties committing
the offense know the lands belong
to the state it is willful or voluntary
trespass, and Is criminal offense.
Where the parties do not know
that the lands belong to the state it
is known as unwilling or involun-
tary trespass and is not a criminal
offense.
As a matter of fact ninety-ive per
n ~ y