The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-02-06
SOME CASES EXPLAINED
MIR. Iverson Got Other Members of Tim
Der Board to Join His Action.

:: Discussing the last report Of the pub
nc examiner, State Auditor Iverson
gives the facts in relation to a number
OF the Items where timber was cut after
the expiration of the permit He says
that in the spring Of 1903, W. F. Brooks
them, saying that they had not been
able to cut several tracts Of timber pur-
chased, and that the one years extern
sion of their permit ran out June l. He
wanted permission to cut the timber I'M
der the contract, the following winter.
Mr.. Iverson said this could not be done,
but at Mr.. Brooks request, took up the
tim Der board, Governor Van SAINT and
to allow the cutting done, if Tie parties parties
would pay interest on the value Of the
timber cut. So, according to Mr.. liver
son, the cutting was allowed by agree
ment of all the board.
Regarding some other cases Mr.. liver
son said: sa-
The next deals with some timber cut
by B. P. Munson from 36-6o-24 under per-
NIT and not yet settled for. No draft was
made for this until a cruiser could ex-
anime it as to the reported amount Of
timber cut. When Cruiser Fitzgerald, In
December last, reported the scale salts
factory, the draft was promptly drawn
and the money, s2,s17.5o, is now in the
state treasury. The trespass by Munson
in 16-6024 was not drawn for because
1t had not been scaled by the state cruz
ser. When Fitzgerald, in December, 1904
reported 32,198 feet cut on it, a demand
was promptly made at SO a thousand
feet and the cash paid to the state treas
urer on Jan. 27, 1905.
There are dozens Of cases cited where
the cruisers have reported trespass upon
state land, but no settlement or draft
had been made. The report omitted to
state that efforts had been made and
were being made to locate the trespassers
and the timber, and to collect for the
damages. CO... .-. r.,E
No. draft Is ever made for trespass
matters until the! money is actually col
lected, for the state treasury cannot
| know how and where to collect In all
such cases. -. ... F.
| The cases of the Virginia Lumber
company and the Minnesota Land &
! Construction company for trespass in 49,
61-1S were placed in the hands Of Attor-
| ney General Donahower on Nov. 9, 1904,
| and are no doubt now with Attorney
| General Young. es.fs'
1t is not possible to go into all the de-
tails now, but shall take up every case,
and shall later ask that the whole story
be given to the people, who are entitled
| to know the whole truth.
| Two Leases Overlooked.
Attorney General Young has declared
his intention Of sitting all the matters
in the report to the bottom. He will
investigate not only the recent reports
but also all those made last year, and
wherever there is possible ground for an
action he will bring it. He will make
separate investigation of the mineral
lease proposition, and attention has
been called to the fact. that two Of the
leases come clearly under the law as il
was interpreted in the opinion of Assist
ant Atterney, General Dickson Dick Thes'
to W. s. Brisban, April II, 1901, and o,
April 10 assigned to Mabel Evans, Apri
II, 1902; ffty-year contracts were take1
out, and 500 paid on each lease, an,
the contracts stated that one-half inter
est was held by I: G. Patterson, will
Frank T. Moody, James s: Lane, Fran
Healy and L. A. Lydiard had each one
eighth. Patterson was at that time as
sistant land clerk, and under the rulin
/ Of the attorney general, the act of il
! suing this contract was a misdemeanol