The Appeal., 1904-10-29

sewer rate or interest etnan !nree PEI PEI
cent per aM1um, nor fe1 g snorte5 ~. .ausr ~
eaa than Xs 90 ysatrs aSr Years. ear ana no
change of the town, school district. ~ vi.
lage, city or county lines shall renevS9
the real property in such town - sc4H 4i,is
state at the time of issuing the ponus s,,
from any, liability for taxation 10 p"'
such bonds. a. ~
the General Laws Of 1908 to amend sa,1 inI,
Section Of Article of the Constltu.looda aoa
Of the State Of Minnesota so as to reao
The hind of ss stss aaS
be invested in the bonds OF +ovn aug
such invest Investment shall be. made Until until
approved by the board arc o. or reem1ate eenth the
xrs ;nSestTsant of the permanent school fund
and the permanent university tund s1as}t o.
this state; nor shall such loan OF II 'heei nv is-
sued or purchased would make the en1ciEFSS n1FS
bonded Indebtedness exceed fifteen w
per cent of the assessed vatusc ahe co,inty.
suing such bonds; nor shall such loans
or indebtedness be made at lower yer, raoo :ano
of interest than three per perad Geat than Ian five
nH'n; ~ Years. ao. nor for longer. period than
twenty (2O) years, and no cnaiee u ~ of
town. school district. city, village or "
county lines shall relieve the real p- prOp-
erty in such town, schoo! dlstrlct. toTn tbe
ty, village or city in this state nds at rom 9Mo
s~e any ilaDfy Gf fhs 'SSnt for to pay such
bonds
The existing constitution prov1des
that the permanent scnool anu unisS
sity fund of the State OF MlnnesoIa
may be invested in the bonds OF any
county, school district, CITY, 1o"n "
village, when the entire issue OF Whlcn
the proposed forms a. part VIII uoe
make the indebtedness or sucn counIy'
school district, city, town or "Vlllas9
exceed seven per cent OF the assees.u
valuation of the taxable real properly
in such county, school dlstrlct' cl.S'
posed amendment, il adopted, WIZ pe
to authorize the investment OF the per-
nanent 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 ell
tire issue, of which the proposed loan
is mart, will not make the lndeDted'
ness Of any such county, scnooi ua af
trict, city, town or village exceeu ~
teen per cent of the assessed ''iu0'
ton.
BY an act of the Legislature OF the stare 5ona
known as chapter 269 of the GehTual E;Sa
Laws of 1908, the same being Senate 1ention nn9
of article / Of the constitution OF the
State Of Minnesota. 81.
The section as now exlstlng reaus o'
lo1Lo" Geo emo person shall be held to
answer for criminal offense 4niesS sz, ud ui1
the presentment or Indictment OF crane
in cases cognizable by justices of the
neace. or arising in the army or navy,
or in the militia when in actual serVlce
in time of war or PUBLIC dange1 ga, Ilo he mt Mt
twice in jeopardy of punishment nor nor
shall be compelled in any criminal case
to be witness against himself, nor De ae-
Ppaveu pnt Que op process es % of law PERSONS shall
; before conviction be bailaele by safhclent
sureties except for capital ottenses'
when the proof is eH1denr t tiviee or me Of the
writ of habeas corpus shall not pe Sus-
nended. unless when in case OF rebelnon
or invasion, the public safety may re-
It is proposed, by said act, eI1Gaoae to amend
see mo prinnar psrSGn sha Ganse ee Without Rftf
the same offense shall be put twice in
jeopardy Of punishment, nor shali De
witness against himself, nor be deprived
of life. liberty or property WITHOUT due
process of law. All persons shall before
be baila6e by %en the
Preat Preat; as and e the privilege Of the writ Of
w m Sna daaa 6 not rebeon be or
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
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 justice
of the peace, it is proposed to substi-
tute any. procedure which the leg1sla'
ture may deem due process OF law. IN
other words, the legislature will nave
the: power to provide criminal pro-
cedure in conformity with the rights
guaranteed by the. fundamental law;
bv which a person shall be held to &C.
count for a criminal offense. Such
procedure must conform with the re:
ouirements Of what is due process OF
law under the Constitution of the
United States and the State OF Mime
sofa. The proposed amendment may
he 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. If the proposed constitu.
tional amendment is adopted the legis'
.lature may then, within proper consti.
tutional limits, adopt new method OF
". J. DoNAHoWER,
|, Attorney General.
Dated St. Paul, Mimi, July 1st, 1904.