St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1904-10-21
or the Constitution Of the state Of Min

rIr-
or the Constitution Of the State of Min
nesGl.,.
The existing provision of the Const!-
tatlon. which is here sought to be amends
university u n of this state may be in
county. school district city It; 0f town OF or viz viz
lage OF this state. but no such invest
ment, shall be made until approved by the
law to regulate the investment Of the
permanent school fund and the perma-
nent university fund Of this state; nor
shall such loan or investment be made
when the issue of which the same in pat
would make the entire bonded indebted
ness exceed seven per cent Of the assessed
valuation of the taxable real property Of
or village issuing such bonds; nor shall
such loans or Indebtedness be made at a
lower rate of interest han three per
than five () years, nor for a longer
period than twenty (2O years; n no
change OF the town, school district. vii
the real property in such town, school
district, county, village or city in this
state at the time of issuing. the bonds
such bonds"
1t is roposed by said Chapter 25 Of
the General Laws Of 1903 to amend said
of the State Of Minnesota so as to read
as follows:
See; 6: The permanent school and
county, school district, city. town
Such 9u vi ;n1sstm of this shs,, 1bt sta n,d but ,,n ne
approved by the board of commission
ers designated by law to regulate the
investment of the permanent school fund
and tho ~ wont 11njIyGrcfy fund Nf
this state; ror shall such loan or invest
ment be made when the bonds to be IS
5oeda or purchased adehcados would ado6 make f,f the ! en tx
per cent of the assessed valuation OF
the taxable real property of the county,
school district, city, town or village is
or Indebtedness be made at a lower rate
of interest than three per cent per am
mum. nor for a shorter period than five
twenty 1SO years, and no change of the
town, school district. city, village or Of
county lines shall relieve the real prop
ty, village or city in this state at the
time of the issuing of such bonds from
any liability 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 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 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 OF village OF
the State of Minnesota when the en-
tire issue, of which the proposed 4
is a part, will not make the indebted
ness of any such county, schoo! dis
trict, city, town or village exceed iii
teen per cent of the assessed valua-
ton.
BY an act of the legislature Of the State
Of Minnesota, approved April Is, 1903;
Laws of 1903, the same Being Senate File
173, it is proposed to amend section I
of article ] Of the constitution Of the
State Of Minnesota.
follows:
Sec. 7. N person shall be held to
answer for a criminal 9ffense unless 5, on
jury, except in cases OF impeachment, or
in cases cognizab!n by justices of the
peace, or arising in the army or navy,
or in the militia when in actual service
in time of war or public danger: nnd no
person for the same offense shall be put
tT.iee in Jeopardy OF punishment ayir1in a5 nor nor
to be witness against himself, nor be de-
prived of life, liberty, or property with.
out due process of law. All persons shall
-f@~- so{s - 1o. L. n, I hx, or F ont
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 : 50 as s to read as follows:
Sec. T.. NO person shall be held to
answer for a criminal %offease without
due duo 1 pr9ces one of lay si,, nnd l.. no D, pef fWice for or
Jeopardy Of punishment. nor shall be
compelled in any criminal Csc to be a
witness against himself, nor be deprived
process Of law. All persons sInall before
conviction be bailable by sufficient SIRE
ties. except for capital offensas when the
proof is EVIDENT or the presumntioaa
habeas corpus shall not be suspended
unless when in case of rebellion or in
vaslon 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-
sentiment or indictment of a grand
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 offense. 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 ann 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.
,, 1--L 20