carrying out his purpose. She and her husband met the boy and his father at the Union Depot at Detroit, when the latter came from Flint on the way to Lafayette, Ind., Mrs. Dumhe persuaded the boy to accompany her to the hotel Cadillac, and later, without the knowledge of the father, persuaded him to accompany her to Cincinnati, and they left together with Mr. Dumhe and their companion. No actual force was employed, and no complaint can be made unless she took advantage of the alleged disordered intellect of the boy to get him to go with her in preference to the father. The charges and countercharges as to this transaction fairly show that she had good reasons to believe and did delieve that the boy at this time was a sane person and entitled to make choice as to what he should do in the matter. She was advised by her attorneys, men of the highest standing and character, as to her rights and the rights of the boy. These attorneys saw the boy and testify that in their opinion he was sane and entitled to make the choice that he did. These facts seem to me to indicate that the act complained of was not a crime in the ordinary sense in which we consider the term. While it is undoubtedly true that the father had good reason to feel aggrieved at the action that was taken, either through the disarrangement of his own plans in respect to the boy or because he was suspicious of the motives of the aunt, in thus coaxing him away, yet his feelings and desires should not be the controlling facts in determining whether a prosecution should be carried on against these parties who are sought to be extradited. This is a matter that rests in the wise discretion of the public officers of this state, and where the officers find that the alleged offense is lacking in features of aggravation and is merely the result of the efforts of private individuals, acting under the advice of attorneys, to accomplish their private ends, than a deliberate attempt to offend against the law, a public prosecution is usually fruitless and results in some private advantage being gained at the expense of the public without a corresponding benefit to the pubile. This case I think falls in this category. Nothing was produced showing that the young man claimed to have been abducted, is suffering from any ills, received at the hands of his so-called abductors. His whereabouts are known. He can be brought into court where he is, and if he is restrained of his liberty that can be righted. His property is under the control of the courts of Indiana and it is not to be presumed that the courts of that state will fail in their duty. I fail to see where any advantage can result to the people of this state from the prosecution of this case. While the protection is due not only to the citizens of Michigan but to all persons within our borders, I do not feel that we owe it to these strangers to permit them to use our criminal laws for the prosecution of offenses not distinctively criminal, where the results will be more to their private advantage than to the vindication of our laws. Having formed this impression of this case from the hearing that has been had I would advise you that in my opinion the showing made does not warrant you in signing the requisition which has been applied for. Very respectfully, HORACE M. OREN, Assessor of school district—Where he deposits money in bank on his own motionResponsibility. MR. E. D. STEPHENSON, Rodney, Mich. : ATTORNEY GENERAL'S OFFICE, } In DEAR SIR-Your letter of 26, inst., received and considered. answer thereto would say that under the laws of this state the assessor of a school district is personally liable for all school funds coming into his hands. He is not only personally liable, but is required to give a bond in double the amount of money coming into his hands; and, upon the expiration of his office, is required to turn over all books, records, moneys, etc., to his successor. He is the lawful treasurer and depositary of school district funds, and all moneys must pass through his hands and be paid. out by him on proper orders. See School District v. School District, 40 Mich., 551. Where the assessor deposits money in a bank upon his own motion, even though deposited to the credit of the school district, he is personally liable for the same, in the absence of any authority conferred by the district to deposit such money to its credit. An action for money had and received will lie in favor of a school district to recover district money received by its assessor, and which, after the expiration of his term of office, he refuses on demand to pay over to his successor; and an action upon the assessor's bond is not the exclusive remedy. The bond is required as an additional security, and it does not supersede the officer's individual responsibility. See Mason v. Fractional School Dist. No. 1, 34 Mich., 228. Yours respectfully, HORACE M. OREN, Board of education, authority of to change township, organized in a single school district, back to the several districts. ATTORNEY GENERAL'S OFFICE, } MR. M. NEAZOR, Viola, Mich.. MY DEAR SIR-Your letter of 11, inst., received. You state that three years ago the township of Portage, Mackinac county, was organized in a single school district, under and pursuant to act 176 of the public acts of 1891; that recently, the board of education changed it back to the several districts on the petition of certain residents of the township. You ask if there is any authority under the law for this action. Under act 176 of the public acts of 1891, there is no authority for changing a township that is organized in a single district back to several districts unless sections 8 and 16 of the general school laws, compilation of 1898, are applicable. Section 8 provides for dividing the township into such number of school districts as may, from time to time, be deemed necessary by the board of school inspectors; and section 16, among other things, provides that no district shall be divided into two or more districts without the consent of a majority of the resident taxpayers of the district. I am inclined to the belief that these two sections do not apply to act No. 176, but relate either to a township which is virgin territory, and where no school districts exist, or where the district system prevails in the township. I am inclined to the belief that where a district has been once organized under act No. 176 there is no authority to change back to the district system under existing laws. Yours respectfully, HORACE M. OREN, SCHEDULE I. Table showing the amount of money collected from estates of certain indigent insane persons confined in the asylums of this state, and turned over to the State Treasurer. It has been discovered upon careful investigation that the State is being imposed upon by maintaining and caring for a number of indigent insane persons who possess ample means to support themselves as pri vate patients. I have made an effort to adjust all such cases, with the result that during the fiscal year ending June 30, 1899, through the cooperation of the medical superintendents of the various asylums and the judges of probate, $3,421.49 was collected and turned into the State treasury. The following table shows details: |