The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-04-13
actually been received, made payable

actually been received, made payable
to the State treasurer.
In report to the governor, the pub
lie examiner, in about thirty cases,
complains or criticies this Office for
failure to make a draft upon the par
ties for the trespass items which had
been reported by State land examiners
or cruisers. In these cases no settle
ment had been made at the time of the
examination. Therefore, no draft
could have been made because no re-
mittance had been received. this being
the practice regarding such cases,
section 38, to which your attention is
called appears to authorize the settle
ment and adjustment of trespass cases
to be made by the State land commits
sioner.
I beg leave to ask your official opin-
ion if the practice which has been fol-
lowed, to make draft when the remit
lance has actually been received in
accordance with the law, or whether
draft should be made Immediately
upon receipt of the report of the land
examiner or cruiser; thus placing the
entire burden of making the collection
for the trespass upon the State treas
urer. In this connection wish to call
your attention to the fact that the
State treasurer is not in possession
of the facts relating to the trespass.
These records are all kept and retained
in this department. An early reply
will greatly oblige.
Yours truly, (Signed)
SAMUEL G.. IVERSON.
State Auditor and Commissioner of
State Lands.
ATTY GENERAL TO AUDITOR.
February IA, 1905.
Hon. S. G.. Iverson, State Auditor
and Land Commissioner.
Dear Sir:-In your favor of the 10th
inst, you call my attention to section
38, chapter 163, Of the laws of 1895,
that being the section which allows
your Office to settle claims for trespass
on State timber lands,-and you ask
whether under that section it is legally
the duty of your Office to make draft
upon the trespasser and deliver the
same to the State treasurer imme-
diately upon receiving the report of
your land examiner or cruiser, show
ing that trespass had been commit
ted, or whether the draft should be
made only in case of settlement with
trespasser, and after the amount to be
paid had been determined by an agree
ment with the parties.
This section referred to is indefinite,
but it must be construed according to
the policy of the whole act. Where a
trespass is discovered, and your
cruiser furnished clear evidence as to
the identity of the guilty party, there
is only one thing for him to do, and
that is to settle with your Office on the
basis of either casual or Intentional
trespass:, and when such settlement is
made, you should make draft for the
amount and hand to the State treas
urer, and if the payment has been
made to you at the time of the SETTLE
ment, it should be handed over to the
treasurer with the draft. But where
there has been no settlement between
your office and the trespasser, as
where the person accused denies his
guilt, you are not required to make or
deliver draft to the State treasurer
for collection, as it is evident that the
draft would not be paid. Such a case
is proper one to be submitted to this
department, with full report as to
facts and evidence, with a view to en-
forcing the claim by suit.
Yours truly,
(Signed) E. T. YOUNG,
Attorney General.
Your committee believes that it is
not within it's province to express
either commentator or criticism in
this report. We desire only to sub
NIT to the members of the legislature,
and the people of this State, the facts
as we found them in our prolonged in
vestigation. We believe that the mem
bers of the legislature and the people
of this State, are interested in having
determined through your committee
how much, if any, the State has lost
through incompentency, neglect, vio-
lations or derelictions of duty, on
the part Of the State auditors, past
or present, and to report the same.
From the evidence, substantial and
collateral, before your committee in
it's investigation, we were unable to
discover in our opinion in single
instance that the State by any act of
omission on the part of Auditors Dunn
or Iverson, has lost a single dollar,
and this statement is corroborated by
the evidence of the former Pnh1ic Ey.