The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-06-20
ST. ANTHONY, June 9 1851.

ANTHONY June y ls0I
To C. g. Asss, ESQ.,, Register Of Deeds and Ex- Oico
Clerk of County Commissioners, Hennepn County.
Sir: I have examined carefully as the time would
allow the questions presented in yours of this date
ceived by this forenoon, and which l return an.
nexed hereto My opinion is that
First. The enabling act passed by Congress, author
izng the formation of State government for Minneso
"a. provides only for 'he election from each Reres
tatve District existing the days of election within
the limits of the proposed State of two delegates for
each member of the House of Representatives, Of the
Legislative Assembly of tie Territory Of Minnesota, to
which said district was then entitled
Secondly The act of the Legislature of this Terri
passed at its last session i'm relation the
matter also authorizes similar election in each Rep.
resentative District and in addition provides that
ry Council District in this Territory shall elect del
egaes for every Councillor it may be entitled in the
Legislative Council"
Thirdly. As neither act provides for the election
foom any portion OF the Territory proposed State.
number of Delegates equal in the aggregate twice
the number Of Councillors and Representatives which
such portion may be entitled but the Territorial law
that each Council District shall elect certain number
and each Representative District certain number and
the Congressional enabling act that each Representa-.
tive District shall elect certain number. of opn
ion that votes returned to cast in any precinct
csn be counted, unless it shall appear from the return
whether they cast for delegates from the Council
DISTRICT from the Representative District in which
each precinct is located.
Fouhky, cannot that the fact that in the case
you cite, the boundaries Of the Council District and
the Representative District Identical affects the
question The Territorial statute, to which as Terri
toria Officer you bound to give heed, provides for
separate distinct action by the voters Of the Connci
Districts and the Representative Districts And though
in the you propose there is such apparent ne
cessty, ma ter of convenience in counting the votes
for designating the District, lwhetier Council Repre-
sentatve) to represent which the Candidates voted
for, where the Councillor Representative Districts
not identical in boundary; still that matter Il
be taken into account by the law making power, and
not for your consideration. Your duty simply to obe,
the law is. The law provides for the election
four Delegates from the St. Anthony Representative Dis
tricf fhon ~ fnh
also for two additional Delegates from the St. Anthon,
Council District if the Terrtoralaw is to be regarded
1t will be for the Convention when 1t shall meet t,
decide under which law it will organize and act shou,
It decide that the Territorial Legislature had powe
to provide for the election Of Delegates from the achOt
Territory to Convention which is to form Copstitu
ton and State Government for part only Of the Ter
ritOry, and not recognize the Territorial Of bind
ing force In the election of Delegates will essenta
that it shall appear by the returns what Delegates ar
elected from Representative Districts, and who ar
voted for as delegates from Council Districts. Will
much regret that the time has not allowed me a NOR
thorough investigation Of the question, am
a1fk Co.