The Appeal., 1904-11-05

5a,, .pwer rate sor ,ntelres, tns inree per
cent per annum, nor for q shorter psrser Pc seer
period reaR hHs than 8 twenty a 9@ years and % r.
lage,e city OF county lines shall reitewe1 sahno1
distriet dhe Iea epounty village iii city IN this
state at the time of issuing. the bonds
from any liability for taxation to pay
! sqfh f is Duna propossa said Chapter % Of
the, General 1903 to amend sald
section 3IslS e the e. censttntladd on II raad
university fund & this aanaz state 'of may may
ep equn,2 viilage scnoG'aSsllc Of sis state.
such Investment Shall, be made; Y Until nth
approved by the board of c9mmtssi4hh 9,1lats fha
ers designated by law. to regulate ing s
Investment of the permanent scheoi ,d iun1 ~
and the permanent university tuna o.
this state nor shall such loan OF. 1nvess ss
ment be made when the bonds TO to be +}ra }sa
sued or purchased would make the enI1EEee euEe
bonded indebtedness exceed htteen w
per centio the assessed Yaluallom aluo!1,+.y
the cpr f6Wn % or Eage
suing such, bonds nor shali sucm e,,a, iJas rafe
or Indebtedness be made at ioWe, In an
of interest than three per peeriod Gent than m i've
iai,, IN Years. aus nor for a longer period than
twenty COO years, and no chnnge o1 or of of
town. school district; city ", Nlliasi AZ 1rop-
ertv in such town. school district. coth t4a
ty.' village or city in this state ss a. rrono eno
time of the issuing Of such ooIiuS cnch
any liability for taxation 10 pay sse'I'. '
bonds" -. Z :. ;a& y =
The existing constitution provldes
that the permanent school and unlVer'
sitv f,nd of the State OF Minnesota
nav he invested in the bonds }or any
county. school district, city, town OF
village. when the entire issue OF Wnlcn
the proposed forms part Wall n1t
make the indebtedness Of such county,
school district, city, town or village
exceed seven per cent of the assessed
valuation Of the taxable real properly
in such county, school district, clty'
town or village. The effect OF the pro
nosed amendment, if adopted, Will pe
to authorize the investment OF the per-
manent school and university funas OF
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 q mart. will not make the lndeDtea'
mass of any such county, school das'
trict. city. town or village exceed nj
teen per cent of. the assessed Valua'
ton. ,,
BY an act of the legislature @ OF the N sTare 1aos
Of Mnnesota abaI! a2prcysssd ss Of apt the e General
Laws of 1903. the same being senate sns
173, it is proposed to amena sec.folt t,a
of article 1 of the constitution OF the
stabe ahe oe eectinm Min as now existing reads as
follows: o,, ha hold to
answer for\ a criminal otfense unless on
The presentment or indictment OF grana
i,1ry. except in cases of mpeachment, ,.,e or
in ses cognizable by justices OF the
peace, or arising IN the army nty,,i Or service
in time of war or public danger; and no
+ person for the same offense shall pe pnc or
twice in jeopardy of punlshmen1' nor nor
shall be compelled in any criminal case as
to be witness against himself, nor be ,;eIe &C.
prived of life. liberty, or property WIFI a11
out due process of law Az persons G Siant snait
before conviction be ballapie GS sdf offnnses
When the nroof is evident or the pre-
sumption great; and the. prlvhege OF the
writ of habeas corpus shall not pe Sus-
or invasion, the public safety may re- re-
1T # is proposed, by said act, to amend
said Section SO to re1a sha as be heid
answer for a criminal -offense without
due process of law, and l. no person ssc;ao 1Gr or
the same offense shall pc put HnE tW,Ee IN IN
Compelled in any criminal case to be a
witness against himself. nor De deRrlyea g,7a
of life. liberty or ,property Wlth9ut Wins hatnne cue
pr0cess of law. All persons snail be1ore
Conviction be bailable BY. sufficient sure
ties. except for capital offenses when the the
proof is nd he or ehe OF he WRIT Of
habeas corpus shall not be SUSPENDED
unless awhen in case of rebellion or In
vas1o1f 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 substl-
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, &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 the
legislature authorizing the arrest and
prosecution of persons on an informa'
ton issued by a 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 constltu'
tional amendment is adopted the legis'
lature may then, within proper consti.;
tutional limits, adopt new method OF
procedure. -
w. J. DONAHOWER,
- Attorney General.
Dated St. Paul, Mimi, July 1st, lso4'
NICHOLAS SPoTTeIEsER. rzs~~.