The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-17
Timber Trespass and the Law.

Ex-Attorney General Childs made
speech in st. Paul Saturday night in
defense of Mr.. Dunn in which he made
some statements with regard to the tim
Der trespass law which are remarkable,
to say the least, coming from man
who has held the office which he once
occupied. The Pioneer Press reports
him as follows between quotation
marks: '' q. r
1t is easy to see how trespasses arise.
Some firm having the right to cut the
timber on certain tracts Of state lands
and having lands Of their own in that vi
cinity send their men out to cut the logs
They do not go up there themselves, but
send their agents up to look after the
work, and it would be remarkable thing
if the men did not. at times step over the
boundaries IF the. land from which they
had right TO cut the timber. Sometimes
the trespase is willful, for there are rob-
bers with axes as, well as with keys and
jimmies. Under the law, in case Of a
willful trespass, the trespasser is liable
for treble the value of the timber taken,
while If the trespass is innocent, they
are only liable for the fair value Of the
timber.
The state auditor is authorized by law
to settle cases Of innocent trespass and
has the power and it is his duty to deter
mine whether the case Is one Of Willful
or innocent trespass. The auditor does
not go onto the land himself, but sends
his agents to Investigate and each case
| must be determined in the light OF the
circumstances surrounding 1t.
| The cruiser makes an investigation and
| reports to the auditor who then calls
| the trespasser in and, if it Is case OF
innocent trespass, collects the fair value
of the timber taken, and, II wiIlful. three
| times that value. i.
Chapter 1853 Of the General Laws Of
1895 has been referred to good many
times recently, but we shall have to cite
the ex-attorney general of the state just
once more to Section 38, which states
that the land commissioner Is author
lied to compromise and settle any case
Of trespass upon the timber lands of the
state 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 under such
trespass sealed land APPRAISED by the
state estimator and Written report
thereon made and filed in the office of
the said commissioner, as herein pro
vided, and provided further that he
shall not make any such settlement fol
any amount less than double the value
Of such timber as shown by such scale
and APPRAISAL
Section 38, however, is not the only
one which refers to this matter Of tres
pass. Section covers the same poin
and provides that such r,>strespasse
shall be liable to the state in trebl
damages if such trespass is adiudge'
to have been wilful, but double damage
, when any case Of trespass is adjudge(
to have been casual and involuntary
We have observed one -peculiarit,
!, with regard to all these defenses of tn
former auditor, that they fail to com
fully up to the facts and face tn
, charges Of dereliction Of duty squarely
But it is a little surprising to find
former judicial officer of the state s
seriously at fault as to what the LAY
} requires of the auditor. In plain Ems
, lish, man occupying the place Genera
Childs occupies and enjoying the publ
J confidence which he enjoys has no RICH
to misstate the law either thru igno1
ance or carelessness, no matter hoy
a much Mr.. Dunn's conduct under tina
law may need apology.