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Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 87 The fact was clearly developed that the lumber dealers bought this timber from Mr. Stack in good faith; all paid its full market value, and the C. ii. Nelson Lumber Company, of Cloquet, Minn., who purchased by far the greater pbrtion, took the precaution before buying of apply-ing to Agent Leahy for information as to Mr. Stack's authority to sell the timber, and was advised by him that Stack had full authority. , . Mr. Ballin, therefore, says that he is of the opinion LL that no purchaser of any of the timber knew he was buying what Government Farmer Stack hadno right to cut and sell. * * '* While the law holds that innocent purchasers of unlawfully felled timber are liable to the United States for its value, I believe that purchasers of timber unlawfully . felled by an officer in charge of a reservation who disposes of such tim-ber without an effort at concealment covering a period of newly two . . years, and who pay him full market value therefor, do not incur this liability;" and he recommends "that none of the purchasers who bought timber cut on the reservation by or through J. 8. Stack, and purchased from him or those who paid him stumpage, be held liable to the United States ou account of such purchase." He also recommends that snit . be brought against J. S. Stack to recover the value of the timber u>-. lawfully cut from said reservation with his knowledge and consent. . . I do. not concur in Mr. Ballin's opinion as to the freedom of the pnr-cbasers of this timber from civil liability; for, as stated by the Acting Commissioner of the General Land Office in his report of June 25, - 1892, on the subject, the Government is not bound by the unlawful acts of its officers or agents, and I am of the opinion that, under the law, . each and every purchaser is liable to the United States for the timber .. - . bought by him, and could be proceeded against in civil snit for the re- &very of'the value of the same notwithstanding he may have paid full value therefor to a Government agent. The cutting and selling of this timber by the farmer was a fraud, and this fraud taints and viti-ates every transaction connected with it. The authority of the Gov- . . ernment officers in ~ u c hca ses is fixed by law and purchasers are pre-sumed to be advised as to the laws. The Government can therefore recover from the purchasers the value of the timber; but I think the Acting Commissioner of the General Land Office, which office by law has sole jurisdiction over the subject, takes a most just view of the ' . case in his recommendation that no civil suits be brought against said purchasers on account of the great injustice such action would work upon them, in view of all the circumstances. The papers in relation to these trespassers, with reports of the officers of the General Land Office, were referred to this office by the Depart-ment for its inforination and ~ u c hac tion 9s might be deemed proper, ('in view of the criminating evidence against Indian Agent Leahy and Government Farmer Stack." My recommendations with reference to the connection those officers had with the transactions will soon ba submitted to you in a special report. |