Brookings County sentinel. (Brookings, Dakota [S.D.]) 1882-1890, 1889-04-26

The fact that he did testify could
afterwards be shown in prosecution
against him for britery for the pur-
pose of establishing the body of the
oifense. For example: A is % trial
for some offense and he bribes B to
testify in his behalf, at such trial b
may lie compelled to testify, although
such testimony might tend to crimi.
nate himself, but while it might have
the tendency, yet it cannot criminate
hun because il cannot be used against
bin. Ii is true that B may be after
wards prosecuted for Accepting the
bribe, but could not on such trial be
coppelled To testify against himself,
nor be used as Is witness IN say man.
per ~ SAD is'ai, nut it might be
shown by oihsr witnesses that he ,es-
titled in tho trial W en A was de.
feirlant, Tor the purpose OF establish
lishirg The TACT that bribery had
been committed.
! it Is 2 wise PROVISION, 1t throws a
safeguard around judicial proceed
lngs IN the matter of eliciting truth
m testimony. 1t is not In conflict
with the Constitution of the United
States. 1, is not repugnant. nor is it
! in conflict with the enabling act or
omnibus bill providing for the adj
mission Of South Dakota, ses s.".
I. at omnibus bill, also t'--,, o. r..,
Lin. 81. ''' o'"'''
/ The people of a state have the
right - make, alter or revise their
constitution in a proper and legal
manner to any extent they may
choose, so long as they neither deny
allegiance to the United States nor
abolish the republican form of gov
eminent, nor otherwise invade the
provisions Of the federal constitution.
y state constitution may be differen,
aud yet not repugnant nor in conflict
with it. 1t may differ If it does not
invade. See Penn. VS.. Tollison, 26
Ark. 5i5; L. 5. Const. Art. 4, Sec.
1; Cooley Const. Lin. 33; 7. w.
Dwight's treatise on constitutional
law; Johnson's Cyclopedia.
quote further from "Fnod for
Thought" ''Same article Of U. 5.
constitution reads 'nor shall he be
deprived Of life, liberty or property
without due process of law Sec. =,
Art. Z, of the Sioux Falls constitution
reads the same;" and the author of
said article claims that Sec. 6, Art. g,
Sioux Falls constitution, permitting
the Legislature to provide for a jury
of less than twelve, and for The de.
cisiou in civil cases by three-fourths
of the jury in any court, is in conflict
with the u. S. constitution and in.
consistent with its own provisions,
and our unknown friend says that
such trials would not be ''due process
of law" Let US see; the constitu.
ton of the United States does not
even state of how many jury must
consist, nor docs it say how many
must concur in Il decision to render
legal verdict. Besides, our legal
friend does not discriminate between
civil and criminal case. He would
leave the reader to believe that a
person might be tried for murder and
convicted if thTee.fourths Of IT,, ;,,rv
agree that he is guiltr. .osraof This
IS s m'sleadi"- Sec. 8, Art. ., Sioux
. constitution, confines such YER
diets to civil cases only. He says
s.due process of law is trial by the
course of the common law, including
right to jury of twelve" and that
person cannot be deprived of his
property without that process of law
peculiar to his Idea. Suppose own
100 acres of land; it is duly assessed
for taxes; fail to pay the taxes; time
for tax sale arrives, my property is
sold for taxes, you bid it in at tax
sale, the time for redemption goes
by, | have failed to redeem, the conn
ty treasurer gives you deed for the
land, which is absolute. l am de-
prived of my property by due process
Of law, yet there was no jury trial, no
Judge, no witnesses, no court; yet it
is due process of law. Due process
OF law means regular proceeding of
the law of the land. The better and
larger definition Of 'due process OF
law" is that it means law in its regu-
lar course of justice. IL n. y. 30o ;
30 Wis. 1862 Kent CON-, Sec. l3.
The words "due process of law" were
undoubtedly intended to convey the
same meaning as the words "the law
of the land" in Magma Charta, Is
How. u. S. 276, and by "the law OF
the land'' is intended the general
law, law which hears before it con-
demns, which proceeds upon inquiry
and renders judgment only after
trial. The meaning is that every
citizen shall hold his life, liberty,
property and immunities under the
protection of the general rules Which
govern society. See Ency. of Law,
; Vol. @, and numerous cases there cit.
ed. Due process of law Is not neces.
sarily process according to the course
of common law, but process accord
ing to the course OF proceeding az.
plicable to the subject matter, and
cor formable to tlose general rules
that affect all persons alike. See
Bartlett VS.. Wilson, Rhode Island
) case, 8 Atlantic Rep. 33l. 1t does
not necessarily require a trial by ju-
ry. Ency. Of Law, Vol. 8; New
England Rep. ll9. The next objec-
ton Is that the Sioux Falls constitu-
tion does not preserve inviolate in
criminal prosecutions the right OF
the accused to he tried in the district
where the offense is alleged to have
| been committed, which district shall