St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1904-11-04
Or the Constitution OF the state Of Nj,

Or me Constitution OF the State Of Mr.
tu Ths e %h;t5 :. RRr prov .e5sn = = the he Cops,
"sec. s. The permanent school ar.
university fund Of his state may be !.
e ee y IN ach boe 2 Sistriet' ety. # Df fo%n OF Of y y.
lage OF this state. but no such in es.
ment shall be made until approved by til
board of commissioners designated l.:
permanent school fund and the pei ma
nent university fund Of this state; n!
shall such loan or investment be m ad
would make the entire bonded indebted
valuation val Of the taxable real proper y g
or village issuing such bonds; nor sha
Lows W. rate OF interest than three Pc
fsaf ps i've ane 81 years. n2s for no q i foP q { Rsr &c:
period than twenty (2W years; and =
change of the town, school district, vii
th g r. atty pr or efvn tyy z linss t sha1l r seb
state at the time Of issuing. the bono.
d frS% bd1d. liability for taxation to pa
1t is proposed by said Chapter rs o.
the General Laws Of 1903 to amend sai.i
Section g Of Article 8 Of the Constitution
as follows:
university fund of this state. may
e Go n t2veSt school, in d 9es PONDS City. OF to s@n
or Village Of this state, but no
such Investment shall be made until
ers designated by law to regulate the
investment of the permanent school fund
and the permanent university fund OF
ment be made Wien the the bonds ono to be IS
sued or purchased woul make the entire
bonded Indebtedness exceed fifteen as,
per cent Of the assessed valuation OF
school district, city, town or village is
suing such bonds; nor shall ~sucha1oans
or Indebtedness be made at a lower rate
Of interest than three per cent per an
num-. nor for a. shorter period than i've
90 years. nor for a longer, period than
twenty (2N years, and no change OF the
county lines shall relieve the real prop
erty in such town, school district. coun-
ty, village or city in this state at the
any my liability Ia If 'S for taxation to pay such
bonds"
The existing constitution provides
that the permanent school and univer.
sity fund of the State of Minnesota
may be invested in the bonds Of any
county, school district, city, town or
village, when the entire issue of which
the proposed forms a part will not
| make the Indebtedness of such county,
school district, city, town or village
exceed eve per cent of the assessed
valuation of the taxable real property
in such county, school district, city,
town or village. The effect of the pro-
posed amendment, if adopted, will be
to authorize the investment of the per-
manent school and university funds OF
the state in the bonds of any county,
school district, city, town or village OF
the State Of Minnesota when the en-.
tire issue, of which the proposed loan
is a part, will not make the indebted
ness of any such county, school dis
trict, city, town or village exceed fit.
teen per cent of the assessed valua-
ton.
BY an act Of the legislature Of the state
known WAS as Chapter 2ea Of the General
Laws of 1903, the same Icing Senate File
| 173, it is proposed to amend section Z
Of article ! Of the constitution of the
State of Minnesota.
The section as now existing reads as
Sec. I. mo person shall be held to
answer for a criminal Offense unless on
the presentment or indictment of a grand
jury, except in cases of impeachment. or
in cases cognizab!e by justices Of The
or in the militia when in actual service
in time of war or public danger; and no
person for the same o%ffense- shall be put
t sSaif be- in c5 5sep2lf1eSS in of any Ryn eriminaI c aes
to be witness against himself, nor be de-
prived of life, liberty, or property with;
out Sufo due cp profeE;s Of hs laT Ts;,5 All IL persons ST e13f6 shalt
when the proof is evident or the pre-
sumption great; and the privilege, Of the
writ of habeas corpus shall not be sus-
pended, unless. when in case of rebellion
or invasion, the public safety may re-
quire."
said Section Z so as to read as follows:
Sec. T.. "No person shall be held to
answer for a criminal offense without
the the 5 pl1ees ore en- aaW Shall nnq be mo put Pef twice in IN
jeopardy of punishment, nor shall be
compelled in any criminal case to be a
witness against himself. nor be deprived
of life. liberty or property without due
process of law. All persons shall before
conviction be bailable by sufficient sure
ties. except for capital o%ffenses when the
great: and the privilege of the writ Of
habeas corpus shall not be suspended
unless when in case of rebellion or in
vas1on the public safety may require"
The effect of this amendment, if
adopted, will be to give the legislature
the power to determine the manner
and form of charging persons with the
commission of criminal acts. AS the
constitution now reads, the procedure
by which a person is held to answer
for a criminal offense is by present.
ment or indictment Of a grand jury or
by criminal warrant issued by a just
ice of the peace. In place of such pre-.
olrtpoN~f ~. in 5iofpo0nf Nf q rron1
jury, or a warrant issued by a justice
Of the peace, it is proposed to substi.
tute any procedure which the legisla-
ture may deem due process of law. In
other words, the legislature will have
the power to provide a criminal pro-
cedure in conformity with the rights
guaranteed by the fundamental law,
by which a person shall be held to &C
count for a criminal ofense. Such
procedure must conform with the re
quirements of what is due process OF
law under the Constitution Of the
United States and the State Of Mime
sofa. The proposed amendment may
be made the basis for an act of the
legislature authorizing the arrest and
prosecution of persons on an informa'
ton issued by a county attorney charg:
ing the commission of a criminal act.
The existing Constitution establishes
specifically the manner and form OF
holding a person to answer for a Grim
inal offense. If the proposed constitu'
tional amendment is adopted the legis
lature may then, within proper cOnsti
tutional limits, adopt a new method OF
procedure.
W. j: DONAHOWER,
Attorney General.
nj nn2-- I.1.x "a y OH