Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-03


no land would be sold having term
lease thereon, but leases would be
reinstated in case of no sale. The
various county auditors forwarded to
the land department list Of such
lands, and such lists were included
in the sale lists. The tract In Ques-
ton was put on sale In this manner.
When the sale came to be held In
Towner county, I checked over the
sale list with the county auditor, and
found that the lease covering this
land, together with several other
leases, had not yet been turned over
to the county auditor, but was In
formed by him that these leases would
be surrendered on the morning of the
day Of the sale; and it appears that
Mr.. McCanna, who held the lease COW
ering this land, did actually come in
on the morning of the sale with the
lease to surrender the same, but be-
fore he had a chance to surrender
the same very unfortunate and
shocking thing occurred in the court
room where the sale was to be held.
Mr.. Lempke, a neighbor of Mr.. Nc
Gamma, was stricken with apoplexy
been done, and the confusion caused
thereby resulted in the postponement
of the sale until in the afternoon.
When the tract in question was reach
ed for sale I called for the surrender
Of these leases, and was Informed
that Mr.. McCanna had been overcome
by the sudden death Of his neighbor
and that he had gone home, but was
expected back at any time. I there
fore announced that this land would
not be sold until the surrender OF
these leases and that the land would
be passed for the present. I contin-
ued through the list, the sale not
being concluded until the afternoon
of the following day and sometime
during that period the leases were
delivered to the county auditor, and
the land offered and sold. AS to the
value of the land 1 have no informa-
ton except as is shown by the APP
praisment. It is possible that the
same is worth the amount stated In
Mr.. Collins affidavit, it being well
known fact a lot of the school and
state lands have been sold for less
than their value, or perhaps more
correctly stated, at less figure than
the same land sold for at private
sale only short time after being
sold. This can be accounted for IN
part of course, from the fact that the
various sales held during the fall OF
1901 brought in a lot Of outside buy
ers who created competition, and
rapid raise in real estate values fol-
lowed, Since the time of this sale
until some time during the past win
ter, I had never been advised OF any
claim of fraud regarding this sale,
although, L have met him and convers-
ed with him several times since that
time. am satisfied that no fraud
or collision existed, and whatever
the value of the land, the sale was
regular and fair.
Respectfully submitted.
D. J. LAXDAL.
The following notice was sent out
by the secretary Of the board to all
parties interested in the case, and
when the meeting was held MP. COL
Inns appeared and stated that ne
wished the charges dismissed:
Dear Sir: / enclose you herewith
a CODY of an AFFIDAVIT that has been
filed with the board of university and
school lands, and was duly consider
ed at a recent meeting. The board
has set Thursday. the 30th day OF
April, 1908. for the hearing in this
matter, which will be held at the or
fee OF the land commissioner In BIS
marck, on that date, which date Is
regular meeting day for the board
of university and school lands.
You are requested to be represent
ed at such hearing and submit any
evidence that you may have contrary
to the allegations of the affidavit.
Yours very truly,
The complaint Of Mr.. Collins was
filed with the governor November IL.
| 1907. and bv him filed with the board