The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1904-10-12


The existing constitution provides
that the permanent school and untver'
sity fund OF the State of Minnesota
may be invested in the bonds Of any
county, school district city, town OF
village. when the entire issue OF winch
the proposed forms part win not
make the Indebtedness or such county
school district, city, town or village
exceed seven 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, il adopted, will be
to authorize the investment Of the per-
manent school and university funds or
the state in the bonds of any county,
school district, city, town or village or
| 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 M
| teen per cent of the assessed valua-
| ton.
BY an act OF the legislature of the State
/ OF Minnesota, approved April 1S 1908;
4 known as chapter 269 O&wthe General
L La Of 1903 the same oelng se aactIo p
| or article / OF the constitution or the
! State OF Minnesota.
The section as now existing reads as
Sec. I. mo person shall be held to
/ answer for criminal offense unless on
! the presentment or indictment of a grand
| fury except In cases OF impeachment. or
| In cases cognizable by justices of the
peace. or arising In the army or navy,
| or In the militia when In actual service
4 In time Of war or public danger; and no
| person for the same offense shall be put
/ twice in jeopardy Of punishment. nor
to be witness against himself, nor be de-
prived OF life liberty, or property WITH
/ out due process of law. All persons shall
before conviction be bailable by SUFFICIENT
sureties except for capital ofrenses.
| when the proof Is evident. or the pre-
sumption great; and the privilege. of the
i pended, unless. when In case or rebellion
/ or invasion. the public safety may re-
| Quire.
/ II is proposed, by said act, to amend
said Section 7 SO as TO read as follows:
Sec. Z. mo person shall be held to
| answer for a criminal offense without
the same offense shall be put twice I'm
| jeopardy Of punishment nor shall be
compelled in any criminal case to be q
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 offenses when the
| proof 1g evident or the presumption
great; and the privilege of the writ OF
habeas corpus shall not be suspended
| unless when In case OF rebellion or In
vasion the public safety may require"
The effect of this amendment, IL
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 criminal offense Is by present
ment or indictment OF a grand jury or
by criminal warrant issued by just
Ice OF the peace. In place OF such pre-
sentiment or indictment OF q grand
Jury, or a warrant issued by justice
OF the peace, 1t 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 I'm conformity with the rights
guaranteed by the fundamental law,
by which person shall be held to ac-
count for a criminal offense. Such
procedure must conform with the re-
uuirements Of what La due process OF
law under the Constitution of the
II United States and the State OF Mime
sofa, The proposed amendment may
be made the basis for an act OF tho
legislature authorizing the arrest and
prosecution of persons on an informa-
ton issued by county attorney charg-
Ing the commission Of criminal act.
The existing Constitution establishes
specifically the manner and form OF
holding a person to answer for Grim.
inal offense. III the proposed constitu'
tional amendment is adopted the legis-
lature may then, within proper consti-
tutional limits, adopt new method OF
procedure.
w. ]. DONAHOWER,
Attorney General.
Dated st. Paul, Mimi, July 1st, 1904.