The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-25

and not least, though named last, the
big suit to prevent the consolidation
OF the Great Northern and Northern
Pacific railroads. The Winona and St.
Peter land grant suits were also tried
in the federal supreme court and the
department has been engaged in sew
eral important hearings Sore the in
terror department, involvi Ig the valid
ity of the states claim to lands in the
mining and pine regions.
Mr.. Childs details othe.: matters as
follows:
Since my last report the assignee of the
treasury all Of the principal of the states
treasury all of the principal of the states
claim, and there now remains to be collected
the interest accrued thereon.
The claim of The State VS.. The State Bank
of Minneapolis is not yet wholly recovered,
but am encouraged to believe that it will be
adjusted at an early date. very advantage
Gus sale OF certain real estate has been eff
fected, upon which about $4,000 has been
paid by the purchaser, to the assignee, and
the remainder, it is expected, will be paid
within the next twelve months. Negotiations
are now in progress for he payment by the
sureties upon the official bond for the sum of
$2O,ON which 1t is hoped Will be paid into
the state treasury within a short time.
ACTIONS have been Instituted against the
principals and sureties upon the bonds given
bank and the American Exchange bank, both
of the city Of Minneapolis, and judgments OBJ
tanned for the amounts of the states de-
mands. The assets of both Of the said insolv-
ent institutions have proven OF little value,
by reason of a general depression in business,
and the inability of the makers of commercial
paper and other securities constituting the
bulk of such assets, to pay the same. I
hope to be able to recover the greater part
of the states claim from the said sureties in
the enforcement Of the judgments as above
stated. Whatever deficiency | am unable to
collect by such means will be demanded from
the ex-state treasurer and the sureties upon
his official bond
The actions thus brought upon the official
bonds have been vigorously defended, but l
am pleased to report that the state has been
uniformly successful in ALL The statute has
received such construction by our supreme
court to establish the fact once for all
that the state is preferred creditor.
'All of the pine land cases except the two
named below appearing in my last published
report have been disposed of by settlements
effected by the state aud tor after conSulta-
ton with me. From the nature of the evil
dence reported by that officer, after he had
caused careful examinations 10 be made |
became satisfied that the interests OF the
state would be much better subserved by set
Elements than by a continuance of litigation.
/ therefore concurIed IN his view to such
settlements and the actions were accordingly
dismissed. By such means the state has re-
ceved the following sums of money
From the ltasca Lumber company. 80. 81 0G0
From Kehl & Deary. Observation-Disclosures. 6 600
From Shevelin-C Carpenter company 900
From Mullikan & MCGUIRE. ............... !, COO
TWO cases are still pending in court.
The law requires that the attorney general
shall make such recommendations In the way
Of legislation as he may deem desirable
touching the administration of criminal law
and the cause of education.
Complying with the requirement, l have
only to suggest that the state of Minnesota
pursues in my judgment a mistaken policy
In permitting counsel for a defendant in a
criminal cause to have the closing address to
the jury. Such policy is at variance with
that which obtains in almost every other
state in the Union, and has resulted, l am
convinced, In practice, In the frequent mis-
carriage of justice. The law should be so
amended that the criminal practice will ac-
cord with the evil practice; that is TO say, a
party having the affirmative Of the issue
should be required to make the opening and
the closing address.
Abstracts of the work done by the
county attorneys in each county are
also shown, and the report also con-
tains the opinions rendered by the at
torney general on various topics to the
heads of state departments