614 



Mr. Anibal. — One other question I wish to call your attention*! 

 and then I will close. Some question has been made here in regard 



, to the warden not doing his duty by attaching the logs taken from 

 State lands as well as those taken from private lands. The truth is, 

 he took the advice of Judge Palmer, and acted upon that, the same as 

 every other gentleman does when he employs a lawyer. 



There is another question been raised by the counsel, and I want to 

 call your attention to it, that you may look at it carefully and see the 

 manner in which cancellations have been done at the Comptroller's 

 office. For you will remember "Warden G-armon gave this testimony 

 that in the action that was tried at Malone in March, 1887, that action 

 was for trespasses upon lots 210, 221 and 222, that when they came 

 down to the trial, and a few days before the trial, they found the State 

 had cancelled out the title of 221 and 222 to Benton Turner. Mr. Gar- 

 mon sends an official message to the Comptroller's office of this State 

 to be used upon the trial of this action before Judge Fish at Malone, 

 and there he got a certified copy of these affidavits which were 

 filed there and given in reference to that cancellation; and 

 not only had Benton Turner filed affidavits saying the land was 

 occupied, but other persons interested to save the lands for the State 

 had filed affidavits to the contrary, and if you will read over those 

 papers you will see where one man, at the request of Benton Turner, 



■ made an affidavit of possession of lands, and within three days after- 

 ward he made another affidavit, that he made in the presence of 

 Benton Turner, that he didn't know what he was testifying to; that 

 he didn't know what was in the affidavit, and there are six affidavits 

 showing there never was any occupation upon that lot. And yet 

 the Supreme Court of the State said that notwithstanding that 

 cancellation was procured by fraud, yet it is without our power 

 to remedy it in this action. There the forest commission did 

 bring this up in court on those affidavits and I tell you they are 

 very interesting too, to see what desperate straits or efforts will be 

 made by persons interested in having the State's title cancelled, that 

 they may secure a valuable piece of land substantially for nothing. 



One word more. During this entire investigation there has not 

 been shown that a single officer or a commissioner or any person 

 connected with the commission, as attorney or otherwise, has in the 

 least neglected his duty or has done anything that anybody could 

 censure or reprimand; that he had been omissive in a single duty that 

 was required by the laws of the State; that not a single dollar of 

 public money had been misappropriated or converted to anyone's use; 

 no charge has been made against anyone, or by any person, except the 



