The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-05-13

section was cut, except some timber that
was small, and he probably thought
wasn't worth taking" The logs cut
would run about l6 to thousand, and
similar timber was bringing $3.50 a
thousand in that vicinity. Fullerton
testified that timber not so well situated
sold for 49, He said Buchanan made NO
claim that it was an accident, but said
to him and Mr.. Dunn that his men had
used long ak handles and got over the
line. Buchanan said their scale was too
high, and it was rescaled by w s.
Dedon, the head cruiser.
According to the Mitchell and Fuller
ton testimony, fair average value for
all these lots was So thousand, or S.
4S4,26 for the entire trespass of 2,S2S,
O94 feet. Taking treble value for the
willful trespass, the settlement should
have been for So, 452.S4. Instead of this,
Auditor Dunn settled with the future
congressman for $4,000, or less than the
cruisers estimates on file, of the value
of the timber.
The stumpage record book shows that
the timber left on l6-6820 was sold
Nov. IA, 1900 for 1926 thousand.
The cruisers testified concerning sever
al other similar trespass cases, and both
Mitchell and Fullerton testified that
when they were all in camp, Dedon, the
head cruiser, often complained that tres
passers who had pull could get out
of it easy. He mentioned T. R. Foley OF
Aitkin, and Senator Buchanan, saying
che could get out of trespass easy" Full
lerton defended Dunn, and they had a
good many arguments.
Mitchell testified to scaling trespass
by T. R. Foley on Sec. l6-l3S-25. Foley
had bought the section, but they found
he had made two landings. The logs at
one landing did not have the state stamp
on. They scaled it all but the scale at
IHe duulIol ohiCo was JuSO ooouC oiiS
half of what they got. The half found
without the state mark was case OF
trespass, and should lave been settled
for at trespass rates. Instead, it was
never paid for at all. The state only re-
ceived money for the logs that We're
marked. The lumberman got the logs
he neglected to mark for nothing, though
discovered in the act by the state cruis-
erS.
Another report Transmitted to Gov
ernor Van SAINT under date of April &c
gives the records of sixtyseven cases OF
trespass from the books of the state au
ditor, with copies of letters written by
the state auditor, showing his manner Of
settlement. In each case is shown the
value placed on the timber by the exam
liner, the proper trespass settlement un
der the law, and the amount actually re
ceived by the state.
The total value of the stumpage as
estimated by the state cruisers was $40,
207.l7. The settlements made by Audi
tor Dunn actually realized just $40,
376.44 so that the penalty on these sixty
seven cases amounted to just $l69.27
1t is charged that practically all thu
cases were wilful trespasses, SO tina
the settlements should have been TO
over $4,000, but the best settlement
| the law allows the state authorities t.
make is double the appraised value
| which would have been $S04l434, max
| ing over $4,000 short of the amount alb
solutely required to be collected by law
| Fourteen of the siXty-seven cases wer
settled without the formality of an ap
praisal, as required by the law of 1895
The aggregate values reported by thu
examiners were $3.50, and settlement
| were made on that basis. The stat,
should have received not less than doubl,
that amount.
The report includes forty typewriter
pages of transcript from the records O
the trespass books, and correspondent,
on the cases mentioned.
| The first case is of 1913 cedar poles
cut from section 26-l44-26 in the win
| ter of 1899 1900 by Stark Brothers, ant
sold to D. Dumas of Deer River. They
were appraised at so cents each, and Mr.
Dunn wrote demanding double value, o.
1878, cor the poles will be seized ant
sold for the benefit of the state" In {
postscript he wrots: "This trespass
must be settled for without delay, or
shall commence both criminal and civil
proceedings at once" Settlement was
made later for $lS65O. AS it was wilfu
trespass, the amount due was $559.50.
Another case contains correspondence
| throwing light on the system of trespass
settlement. j. o. Mckenzie, cruiser
found 100000 feet of pine cut out from
Section Is, township l47, range 81, in the
winter of 100000, by T. ]. Neary o.
Walker. A letter from Auditor Dunn tt
Dear Sir-Jim has reported on l6-l47
81. His scale shows 100000 feet, which
at 81 per thousand amounts to $432
Jim appraised it at So per thousand
which was low, as he knew I had tt
double the price he put on it, which
makes it 81, and think that it is right