were technical objections to the sufficiency of the papers accompanying the requisition. Trusting that the above will entirely satisfy his excellency the Governor of Missouri that you were not only justified in declining to honor the requisition in the instance referred to, but that it was the only proper course for you to pursue under the circumstances, I am, Yours respectfully, N. C. MILLER, By H. J. HERSEY, Assistant. to: The following is a copy of the rules and directions referred EXTRADITION. Inter-State.. Rules of Practice. The application for the requisition must be made by the district or prosecuting attorney for the county or district in which the offense was committed, and must be in duplicate original papers or certified copies thereof. The following must appear by the certificate of the district or prosecuting attorney: (a) The full name of the person for whom extradition is asked, together with the name of the agent proposed, to be properly spelled, in capital letters, for example, JOHN DOE. (b) That in his opinion the ends of public justice require that the alleged criminal be brought to this State for trial at the public expense. (c) That he believes he has sufficient evidence to secure the conviction of the fugitive. (d) That the person named as agent is a proper person, and that he has no private interest in the arrest of the fugitive. (e) If there has been any former application for a requisition for the same person, growing out of the same transaction, it must be so stated, with an explanation of the reasons for a second request, together with the date of such application, as near as may be. (f) If the fugitive is known to be under either civil or criminal arrest in the state or territory to which he is alleged to have fled, the fact of such arrest and the nature of the proceedings on which it is based must be stated. (g) That the application is not made for the purpose of enforcing the collection of a debt, or for any private purpose what ever, and that if the requisition applied for be granted, the criminal proceedings shall not be used for any of said objects. (h) The nature of the crime charged, with a reference, when practicable, to the particular statute defining and punishing the same. (i) If the offense charged is not of recent occurrence, a satisfactory reason must be given for the delay in making the application. 1. In all cases of fraud, false pretenses, embezzlement or forgery, when made a crime by the common law, or any penal code or statute, the affidavit of the principal complaining witness or informant, that the application is made in good faith, for the sole purpose of punishing the accused, and that he does not desire or expect to use the prosecution for the purpose of collecting a debt, or for any private purpose, and will not directly or indirectly use the same for any of said purposes, shall be required or a sufficient reason be given for the absence of such affidavit. 2. Proof by affidavit of facts and circumstances satisfying the executive that the alleged criminal has fled from the justice of the state, and is in the state on whose executive the demand is requested to be made, must be given. The fact that the alleged criminal was in the state where the alleged crime was committed at the time of the commission thereof, and is found in the state upon which the requisition was made, shall be sufficient evidence, in the absence of other proof, that he is a fugitive from justice. 3. If an indictment has been found, certified copies in duplicate must accompany the application. 4. If an indictment has not been found by a grand jury, the facts and circumstances showing the commission of the crime charged, and that the accused perpetrated the same, must be shown by affidavits taken before a magistrate (a notary public is not a magistrate within the meaning of the statutes), and that a warrant has been issued and duplicate certified copies of the same, together with the returns thereto, if any, must be furnished upon an application. 5. The official-character of the officer taking the affidavits or depositions, and of the officer who issued the warrant must be duly certified. 6. Upon the renewal of an application, for example: On the ground that the fugitive has fled to another state, not having been found in the state on which the first was granted, new or certified copies of the papers in conformity with the above rules must be furnished. 7. In the case of any person who has been convicted of any crime and escapes after conviction, or while serving his sentence, the application may be made by the jailer, sheriff or other officer having him in custody, and shall be accompanied by certified copies of the indictment or information, record of conviction and sentence, upon which the person is held, with the affidavit of such person having him in custody, showing such escape with the circumstances attending the same. 8. No requisition will be made for the extradition of any fugitive, except in compliance with these rules. RESOLUTION IN RELATION TO EXTRADITION FOR MINOR OFFENSES. Resolved, That it is the sense of this conference that the governors of the demanding states discourage proceedings for the extradition of persons charged with petty offenses, and that, except in special cases, under aggravating circumstances, no demand should be made in such cases. SEDITION. Colorado has no statute under which sedition may be prosecuted and punished, but has laws under which persons delivering inflammatory harangues may be punished for inciting to deeds of violence. Denver, Colo., December 14, 1903. HON. JAMES H. PEABODY, Governor of Colorado, State Capitol. Dear Sir-You have asked my opinion as to the existence of any statute making sedition in Colorado an offense. I have examined the statutes of the State, and I do not find any law under which sedition may be prosecuted and punished in Colorado. Sedition is defined: "An insurrectionary movement tending toward treason, but wanting an overt act; attempts made by meetings or speeches, or by publications, to disturb the tranquillity of the state." Black's Law Dictionary. "That no law shall be passed, impairing the freedom of speech; that every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and that in all suits and prosecutions for libel, the truth thereof may be given in evidence and the jury, under the direction of the court, shall determine the law and the fact." Section 10, article II, Colo. Constitution. The Constitution guarantees freedom to speak as one "will on any subject, being responsible for all abuse of that liberty." In other words, if no crime results from the incendiary talk of the speaker, he can not be punished for he is only responsible for the abuse of that liberty. The Legislature is not prohibited by this act from defining what may be abuse of the liberty of speech, and it has several sections which bear upon it and impose small fines for the reckless talk of persons. These statutes are found in Mills' Annotated Statutes, from section 1305 to section 1310 and the amendment in Session Laws of 1891, at page 125. It is the practice to arrest persons who deliver themselves of inflammatory harangues which are calculated to draw around them a crowd and excite them to deeds of violence, under section 1305, of 3 M. A. S., page 366, or Session Laws of 1891, page 125. The penalty is a fine not exceeding $50.00 or imprisonment in the county jail not exceeding 2 months. My judgment is that this statute is sufficiently strong to stop violent speeches which threaten to disturb the peace and quiet of any neighborhood or community. Respectfully, N. C. MILLER, CANCELLATION OF CERTIFICATE OF PURCHASE. When a legal sale of State lands has been made, and the first cash payment has been made, and certificate of purchase issued providing for payment of the balance in annual payments, and any of said payments remain unpaid for one year, the land may again be sold, and all payments theretofore made will be forfeited to the State. The certificate of purchase must be in accordance with the statute. Any provisions to the contrary are void. The State, in making such contract, is to be considered the same as an individual. When the land is sold all rights of the first purchaser are extinguished, the title not leaving the State until all payments are made. The forfeiture will not be complete until the board has exercised its right to sell the land again, and it is advisable that the notice of forfeiture be given the first purchaser, so that he may have an opportunity to complete the sale. The board has no power to return any of the payments made, nor to give a patent for a pro rata portion of the land. Denver, Colo., March 4, 1903. TO THE STATE BOARD OF LAND COMMISSIONERS In response to your recent request for my opinion as to the power of your board to cancel certificates of purchase issued under the act approved April 2d, 1887, which act, among other things, prescribed the powers and duties of your board, I have to say as follows: I will assume that a legal sale has been made to a purchaser of said lands, and that the first cash payment has been made thereon, as required, and a certificate of purchase issued to the purchaser providing for the payment of the balance of the purchase money in seven equal annual payments with interest, as provided by section 15 of said act, approved April 2d, 1887, which act is found in the Session Laws of 1887, page 328, et seq., and that the purchaser has failed to make one of the annual payments stipulated in said certificate, which remains unpaid for one year after the time when it should have been paid. By section 16 of said act, it is provided as follows: "If any purchaser of State land, after receiving a certificate of purchase, as provided in section 15 of this act, fail to make any one of the payments stipulated therein, and the same remains unpaid for one year after the time when it should have been paid, as specified in such certificate, the State Board of Land Commissioners may sell the land again; Provided, That in case of a sale, all previous payments made on account of such |