ANNUAL REPORT. STATE OF MICHIGAN, To the Legislature of the State of Michigan: In compliance with the law, I have the honor herewith to present the annual report of the business of this department for the fiscal year ending June 30, 1905; including an abstract of the official reports of the Prosecuting Attorneys of the counties of the State, showing the number of prosecutions, convictions, acquittals, etc. Two indexes have been prepared, one being a complete index of the report entire, the other an alphabetical table of the various cases which have come under the supervision or control of this department during the fiscal year. Legal questions of a public character submitted to this department have been carefully considered and opinions rendered, a few of which, such as are deemed of interest to the public, are presented in this report, and represent but a small portion of the aggregate number of opinions prepared. The various matters contained in this report are systematically arranged under the title of Schedule A to Q inclusive, and classified as follows: SCHEDULE A.-Statement of criminal and habeas corpus cases of which the Attorney General had charge during the fiscal year ending June 30, 1905. SCHEDULE B.-Statement of mandamus and certiorari cases of which the Attorney General had charge during the fiscal year ending June 30, 1905. SCHEDULE C.-Statement of quo warranto proceedings, instituted by the Attorney General upon his own relation, or upon the relation of some other person, over which the Attorney General had supervision or control, during the fiscal year ending June 30, 1905. SCHEDULE D.-Statement of chancery cases conducted by the Attorney General during the fiscal year ending June 30, 1905. SCHEDULE E.-Statement of assumpsit cases, appeals under inheritance tax law, disbarment proceedings, ejectment cases, replevin cases, trespass cases, and other cases of which the Attorney General had charge during the fiscal year ending June 30, 1905. SCHEDULE F.-Statement of money collected and turned over to the State Treasurer during the fiscal year ending June 30, 1905, through proceedings instituted in the Probate Courts of the respective counties, from estates which had escheated to the State under Act 238, Public Acts of 1897. SCHEDULE G.-Statement of money collected and turned over to the State Treasurer, through the efforts of the Attorney General, with the cooperation of the Medical Superintendents of the various asylums, and the Judges of Probate of the various counties, during the fiscal year ending June 30, 1905, as a reimbursement to the State, for the support of certain insane persons at State asylums. SCHEDULE H.-List of Insurance Companies whose articles of association, amendments to articles of association, etc., have been approved during the fiscal year ending June 30, 1905, and a statement of the amount of money received as approval fees. SCHEDULE I.-Contains a list of cases in which costs of suit were taxed by and paid to the State, during the fiscal year ending June 30, 1905. SCHEDULE J.-Statement of money collected and turned over to the State treasurer through the efforts of the Attorney General, also including the sum received as fees for approving articles of association, etc., of Insurance Companies, for the fiscal year ending June 30, 1905. SCHEDULE K.-Official opinions, rendered during the fiscal year, which are deemed to be of general interest. SCHEDULE L.-Abstract of the semi-annual reports of the Prosecuting Attorneys of the official business of the various counties, for the fiscal year ending June 30, 1905. SCHEDULE M.-Recapitulation of the semi-annual reports of the Prosecuting Attorneys of the official business of their respective counties, during the fiscal year ending June 30, 1905. SCHEDULE N.-List of counties and county seat, with name and address of Prosecuting Attorneys. SCHEDULE O.-Table of Cases, alphabetically arranged. SCHEDULE P.-Index of names of opinions. SCHEDULE Q.--General Index to report, subjects of opinions, etc. Respectfully submitted, 2 JOHN E. BIRD, Attorney General. SCHEDULE A. Contains a statement of all criminal cases brought to the Supreme Court on exception, writ of error, certiorari, and habeas corpus, whether disposed of or pending, in which the Attorney General has appeared, or which are of general interest to those intrusted with the administration of the criminal laws of the State. UNITED STATES SUPREME COURT. CRIMINAL CASES PENDING. J. L. Congdon v. The People of the State of Michigan. Error to the Supreme Court of the State of Michigan. Congdon was convicted in the Circuit Court for Van Buren County of unlawfully selling intoxicating liquors; his conviction was affirmed by the State Supreme Court July 7, 1904. (See 100 N. W. 266; 11 D. L. N. 237.) CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. HABEAS CORPUS CASES DECIDED. In re John Grizzard. Petition for writ of habeas corpus. Petitioner was convicted in the Superior Court of Grand Rapids, of the crime of larceny, of property exceeding the value of twenty-five dollars, and committed to the Michigan State Prison. He applied for a writ of habeas corpus, claiming that the sentence was void. l'etition was denied January 14, 1905. (Opinion filed.) MICHIGAN SUPREME COURT. CRIMINAL CASES DECIDED. People v. William Remus and William J. Remus. Exceptions from Van Buren Circuit Court. Violation of the local option law. Conviction set aside and new trial ordered. (10 D. L. N. 907; 98 N. W. 397.) Additional opinion filed on court's own motion. 11 D. L. N. 237; 100 N. W. 403. People v. Jacob Nagle. Error to Berrien Circuit Court. Larceny. Affirmed. Reported in 11 D. L. N. 223; 100 N. W. 273. People v. Otto Klammer. Exceptions from St. Clair Circuit Court. Larceny from burning building. Affirmed. Reported in 11 D. L. N. 306; 100 N. W. 600. People v. John Muste. Error to Grand Rapids Superior Court. Murder in second degree. Conviction set aside and new trial ordered. Reported in 11 D. L. N. 267; 100 N. W. 455. People v. John W. Horling, Bert Horling and John Horling. Error to Ottawa Circuit Court. Convicted of illegal fishing. Affirmed. Reported in 11 D. L. N. 319; 100 N. W. 691. People v. Calvin Bird. Error to Ionia Circuit Court. Violation of the liquor law. Reversed. and new trial ordered. Reported in 11 D. L. N. 461; 100 N. W. 1003. People v. John DeBlaay. Error to Kent Circuit Court. Violation of the hawkers' and peddlers' law. Affirmed. Reported in 11 D. L. N. 323; 100 N. W. 598. People v. Leroy Kuney. Error to Lenawee Circuit Court. Aiding inmate to escape from the Industrial Home for Girls at Adrian. Affirmed. Reported in 11 D. L. N. 308; 100 N. W. 596. People v. John H. Farrell. Exceptions from Missaukee Circuit Court. Murder. Conviction set aside and new trial ordered. Reported in 11 D. L. N. 226; 100 N. W. 264. People v. James Mol. Error to Grand Rapids Superior Court. Bribery. Reversed, and new trial ordered. Reported in 11 D. L. N. 446; 100 N. W. 913. People v. Jacob P. Ellen. Error to Grand Rapids Superior Court. Bribery. Affirmed. Reported in 11 D. L. N. 467; 100 N. W. 1008. People v. Joseph Possing. Error to Lenawee Circuit Court. Violation of the liquor law. Affirmed. Reported in 11 D. L. N. 249; 100 N. W. 396. People v. Gerrit H. Albers. Exceptions from Grand Rapids Superior Court. Perjury. Reversed and new trial ordered. Reported in 11 D. L. N. 441; 100 N. W. 908. People v. Frank E. Hutchings. Error to Recorder's Court of Detroit, Michigan. Larceny. Reversed and new trial ordered. Reported in 11 D. L. N. 367; 100 N. W. 753. People v. Fobes C. Jewell. Exceptions from Livingston Circuit Court. Larceny. Reversed and new trial ordered. Reported in 11 D. L. N. 695. People v. Monroe J. McPhee. Error to Chippewa Circuit Court. Convicted of setting up and promoting a lottery, in violation of Section 11344 et seq. C. L. 1897. Affirmed. Reported in 12 D. L. N. 41; 102 N. W. 174. People v. George B. Miner. Error to Benzie Circuit Court. Rape. Reversed and new trial ordered. Reported in 11 D. L. N. 565; 101 N. W. 536. People v. Walter F. Sanders. Exceptions from Wayne Circuit Court. Embezzlement. Affirmed. Reported in 11 D. L. N. 876; 102 N. W. 959. |