The Appeal., 1904-10-22

lower rare OF interest than 1nree per
cent per annum nor for shorter fn }onger pg,ae
change Of the town, school district, VII
lage, city or county lines shall rehewG1 rahon1
dstret rsa eouaty prDRsEty yvage suea or city
from any liability for taxation to pay
such bonds" -, ~ -
It is proposed by said Chapter p gi q
Section 6 of Articles Of the Constitutloaa =
! of the State of Minnesota SO as 10 feAo
sse s The 4a per@anfGant fat SeaSs' stsfe maS naS
be invested in the e.,o bonds e;tv Oh toWg aWg
opo' or Village e''V' Of this state, but no
such Investment shall be- made Until until
approved by the board t OF repmlate the
|. investment Of the permanent school iunS ~
and the permanent university t9na. .fl ~
this state; nor shall such loan or 'hee1 nv a.
ment be made when the bonds 10 pe -.
sued or purchased would make the ent3EESe t1Ee
bonded indebtedness exceed fifteen \tott
per cent of the assessed vaiuatioMG o'G,+U ~.
the taxable real property of the ,,c county, y,
suing such bonds; nor shall such loans
or indebtedness be made at lower raoo
of interest than three per prrfod eent than p Ave
twenty (2O years, and no change or tns e
town. school distrlce ceieyc clty the real prop
ertv in such town. schoo! district. couha thca
ty, village or city in. this state at +rone Ine
time Of the issuing Of such oomuS mus snch
bonds
The existing constitution provides
that the permanent school and unfVer'
sitv 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 or Whlcn
the proposed forms part VIII not
make the Indebtedness OF sucn 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, if adopted, Will De
to authorize the investment OF the per.
manent school and university FUNDS Oh
the state in the bonds of any county.
school district. city, town or village VI
the State Of Minnesota when the en-
tire issue, Of which the proposed loan
is mart. will not make the indebteo-
ness of any such county, school ais
trict. city, town or village exceed nj
teen per cent of the assessed Valua'
ton.
van act of the legislature Of the state ono
of Minnesota. approynsd Apti1 Ac: Gensrai hsroi
Laws of 1908, the same being Senate f1le
173 it is proposed to amend sect1on =
of article l Of the constitution o. 'ne
0.!be Tbe sectinn as now existing reads as
follows: a,o,, Ia hold +o
answer for q criminal offense unless " "
the presentment or indictment OF granu
Jury. except in cases of impeachment, VI
in cases cognizab!e by Justices Oh l,otu we
peace, or arising in the army or navy, navy
or in the militia when in actual serves e
in time of war or public danger, ana no
person for the same offense shall pc pus
twice in jeopardy of punshmien11' orimina1 case nse
to be witness against himself, nor be e. de-
9ut o1ivdu due - process @ Of law All persons shall
before conviction be ballanie 3s sdHote' ffnueas
When @ the proof is evident. or the pre-
sumption great; and the, privilege of the
writ Of habeas corpus snail n2t eteii;nr oe HIS
or invasion, the public safety may re-
It is proposed, by said act, to amend
answer for a criminal offense without
due process of law and no person 1or
the same offense shall be put HnS, tW,Ge IN IN
Compelled in any criminal case to be a
witness against himself nor be deprlyed
of life liberty or property Wth9qt Sha3 Sefnre que
Conviction be bailable by. sufficient sure
ties. except for capital offenses when the
proof is evident or the presump1on1 pre- 1tt H1
hab beas corpus shall not be, suspended
unless when in case Of rebellion or in
yaston 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 grand jury or
bv criminal warrant issued by just
ice of the peace In place of such pre-
sentiment or Indictment of grand
Jury, or 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 person shall be held to ac'
count for criminal offense. Such
procedure must conform with the re-
ouirements of what is due process OF
law under the Constitution OF the
limited 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 intorma'
ton issued by 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 GRIM
inal offense If the proposed constitu'
tional amendment is adopted the legis'
lature may then, within proper constl.
tutional limits, adopt new method Of
procedure.
W. J. DONAHOWER,
Attorney General.
Dated St. Paul, Mimi, July LIST, 1904
ST. PAUL.