The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-10-20
GOT THE TIMBER
WITH THE LAND
CLAIM MADE BY LUMBERMEN BE-
FORE TIMBER BOARD.
Lively Debate Over Case Of Seven For
ties Bought as Agricultural Land
from Which Purchasers Cut $4,000
Feet Of Timber, According to Sur
veyor General State Officials Call It
Trespass.

There was lively session Of the
state timber board today. E. w. Backus
and Willis Walker of Minneapolis an
peareds'at the request Of the board to-
explain the cutting of 897 900 feet of
timber from seven forties in Beltrami
county, bought at school sale as agri-
cultural land.
State Auditor Iverson presented the
case to the board. He said that at the
land sale in Bemidji March II. 1899.
the state auditor sold the tracts to E.
W. Backus at prices ranging from So
to SIG. In all. 1892 was paid, and then
IN 1901 the interest payments were
that a million feet had been cut from
the section in the winter Of 10000.
Investigation showed that the surveyor
general had scaled 897 900 feet Of tim
Der from the tract. The cruisers an
praised the timber at SIS thousand.
The timber was cut by the Red River
Lumber company. The contention was
that the sale was void, because land
sold as agricultural land, The timber
must first be sold separately.
:. Messrs. Backus and Walker claimed
that in buying the land they got title
to all it. contained, and if the state Of
fcers made a mistake that did not in
validate the sale.
II remember being at the sale, - said
Mr.. Backus, IT was at Bemidii with
Mr.. Walker, attending the sale as We we
wanted some land for a naillsite. We
of the forties on me. t don It know
that I knew then whether there was
timber. I would like a little time to
look it up.'
The land was bought in good faith,
Mr.. Backus said, and the default in in
terest payments was clerical mistake.
Payments have been made and there are
now no arrears. Tiki. 'r.
Governor johnson and Attorney Gen
eral Young pressed Mr.. Backus with
questions. He said in reply that he
probably knew there was, timber on
the land. He had not looked it up, and
whatever information he had was fur
nished by the state. He was guided in
his bidding by the state report.
Auditor lverson' interposed that the
sale book, the only document at the
sale, said nothing about timber. If it
had the land could not have been sold.
found.
"Wel,' said Mr.. Backus, Hwhat in
formation had came from the auditor
or his Deputy -. ..".-~.
Willis Walker said he had understood
that small quantities of timber could be
| sold with the land. MeSSrs. 7IversOn
and Young replied that the law did not
permit it. Mr.. Walker then said that
the scale Of 897, 900 feet included some
logs they bought. Surprising the tim
Der on the seven forties belonged to
them, they had not supposed it neces-
sary to keep the scale separate.
| Mr.. Backus said the SIS appraisal was
light, for the logs at the time of the
sale. Attorney General Young replied
that they. did not buy the timber, and
the question was the value Of the tim
Der when cut last year. Both lumber
men insisted that, having bought the
land, they bought what came with it,
and it made no difference as to the
validity of the sale if state officers
made mistake in selling it.
The matter was postponed to give
Mr.. Backus time to look up his rec
ords. It seems likely that a legal con-
test will be the result. .ss.I
( A trespass case now pending in court
against the Minnesota Land & Con
( struction company was taken up. It is
to recover for ties cut, from state land
along the railroad right Of way. It
was left to the attorney general to set
Al tie for double the actual value.