in such form, was issued and mostly distributed during the past year.

There have been, in all, about 16,000 of these immigration essays, in the several languages, distributed throughout the United States and in the various countries of Northern Europe, and there are multiplying evidences that they have largely aided in disseminating the information which is alone necessary to stimulate a rapid and enlarged immigration to our state.

CARE OF THE INSANE.

All matters pertaining to the care of insane persons, which before devolved upon this department, have been transferred to the board of trustees created by the act of March 12, 866.

PARDONS.

OFFICE STATE PRISON, STILLWATER, Dec. 3, 1866. (

To Hon. H. C. Rogers, Secretary of State :

In accordance with the requirement of section 55 of the law for the government of the state prison, I hereby respectfully report the names of all convicts pardoned, during the year ending Nov. 30, 1866, the counties in which they were tried, and the terms for which they were sentenced, to wit: Henry Abbot, Alfred Victor, John O'Connel,

Hennepin county,

One year.

66

One 66

Wright

66

Ten 66

Official Abstract of the votes cast for Representatives in Congress, from the First and Second Congressional Districts of the State of Minnesota, at the Annual Election held therein on the 6th day of November, A. D. 1866, as made by the State Board of Canvassers, November 26, 1866.

14,828

8,231

*Officially reported but received too late for official canvass.

SECOND CONGRESSIONAL DISTRICT.

REPORT.

STATE OF MINNESOTA,

ATTORNEY GENERAL'S OFFICE.

ST. PAUL, December 1, 1866.

To his Excellency, William R. Marshall:

SIR-I have the honor to make the following report of the business of this office during the past year:

SUPREME COURT, JANUARY TERM, 1866.

State of Minnesota against John Garvey.-Indicted for assault, with dangerous weapon, intending great bodily harm. Motion for new trial. Granted.

JULY TERM, 1866.

State of Minnesota against John Brown.-Indicted for murder. Convicted of murder in second degree. Appeal

dismissed.

State of Minnesota against Robert Eckford, et. al.—Indicted for conspiracy. Undetermined.

DISTRICT COURT, GOODHUE COUNTY.

James Lawther against The Board of County Commissioners of Goodhue county, et. al.

Eli T. Wilder against the same.

Christopher Graham et. al. against the same.

Moses Bryant against the same.

Joshua C. Pierce against the same.

William W. Phelps against the same.

I appeared in all the above actions, for the state auditor, who is made one of the defendants. They are still pending. Their object is to enjoin the county and state officials from selling, conveying, declaring forfeit, or, in any way, clouding the title of certain lands in consequence of the levy of town bounty axes, in certain towns in Goodhue county. The main question is, whether, under the statutes, town boards have the authority to issue bonds, after their quota had, in part, been filled, for money previously raised to pay soldiers' bounties, by means of which the quotas were filled. In many towns, after a draft was ordered, there was not time to hold a town meeting before the draft was to take place, and consequently and in pursance of a general understanding among the citizens of the towns, that the amount necessary for that purpose would be voted, certain individuals advanced the money to secure the soldiers. The town quota was filled and, subsequently, the town meetings ratified the arrangement, voted the money and town bonds were issued, to those who had advanced it, for the amount.

Is is questionable whether the acts, authorizing the voting of town bounties, are sufficiently broad, as they now stand, to cover such cases. The individuals advanced the money in good faith; the public had the benefit of it, and, by a vote, confirmed the act. It is submitted that a remedial statute, legalizing the action of the towns in voting to raise money as above, and of the town boards, in issuing bonds, in pursuance thereof, and thus saving the rights of public spirited and patriotic citizens, who, at a time of great public exigency, advanced their private means to carry out the spirit and intention of the law, in the only manner that it could be done.

I have had much correspondence concerning the legal existence of many county and state roads, now in general use. The records of the survey and location of such roads, in many of the counties, are very defective; and individuals holding lands, through which they run, often obstruct or change the line of them, to the great inconvenience of the public and giving occasion for interminable litigation.

I should judge that at least one half of the public roads in the state are in this condition, and see no remedy for it, unless the legislature, by appropriate legislation, authorize and require the county commissioners to cause such roads, within the limits of their respective counties, to be re-surveyed and located, and a proper record of the same to be made,

Another question, often presented, and the occasion of much dispute and affecting the legality of the levy and collection of taxes, arising when new school districts are set off from old districts is, whether the new district is liable for the debts of the old district, and, again, whether the new district is entitled to a pro rata proportion of the money apportioned to the district as it originally stood.

The scholars of the new district were included in the return upon which the apportionment of the money was based. Its taxable property contributed towards the amount of money so apportioned, and it seems clear, on all grounds, that the new district is justly entitled to its share of it; yet, there is no statute covering the case and no data provided for by which the county treasurer can determine what proportion of scholars of the old district were set off into the new. Legal provision might be made by which the proportion of scholars so set off, to the whole number, in the old district, may be ascertained, at the time the new district is set off and the county treasurer be required to divide the money between the districts, in proportion to the number of scholars in each, that were included in the last return.

The same question, in regard to the liability for debts, is raised when new towns are organized from a portion of the territory of an old town. The most wealthy part of a town or of a school district may be set off, the original organization become badly involved, and it is claimed, in such cases, that the old organization is solely responsible for the debts of the whole concern.

As new organizations are frequently made up of territory taken from two or more old organizations, only one of which is in debt, at the time, it would seem that the only remedy is to provide that the per centage of taxes levied to pay this debt should be carried out separately on the rolls, upon the property and lands within the limits of the territory covered by the old organization.

The forms of indictment, given in the general statutes, are vague and indefinite, making it difficult, when they are strictly followed, for courts to determine what offence is charged. It would be a furtherance of justice and tend to expedite and make certain, criminal proceedings, to provide by statute, that, while following the general form laid down, indictments should be drawn and construed, as nearly as may be, in accordance with the principles of the common law.