The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-09-29

judicial district, writes from D,I1jIth
commencing The GIobefor it's edi-
torial discussion two years ago of the
bill, then before the legislature pro.
viding for the submission to the people
of unconstitutional amendment. provid-
ing for the dispensing with indictments
by. a grand jury and substituting in
formation by the county attorney. q
plan now in vogue with success in
Wisconsin, South Dakota and seyeral
other states.
The bill passed both house and SEN
ate, was approved by Gov. Van SAINT.
anda copy Of the proposed amendment
to the constitution has been prepared
by the attorney general and will be
submitted to popular vote at the gem
eral election Judge Ensign writes:
When the bill amending section Z.
article 1, of the constitution of the state
was pending before the senate, I think
an editorial article published inAThse
Globe raj very helpful in Inducing
bill.
4 am deeply interested in the sue
cess of this act at the coming election.
as it will enable future LEGISLATORS 10
improve and simplify our criminal pro-
cedure by dispensing with indict-
ments by a grand jury and substitute
ing therefor information by the county
attorney.
Amendment Pending
7 would be very glad to have you
call he attention of press and public
to the tendency of this amendment,
either by new editorial or REPRODUCTION
of the editorial then published. The
amendment does not change any ex-
listing legislation, but wi1iTrender it
possible for the legislature to make
improvements in our criminal proceed
ure that will give more speedy trial of
criminal cases and save topour coun-
ties large.amounts that are now use
lessly expended"
Attorney General w. J.. Donahower
has prepared an explanation of the
four constitutional amendments to be
voted on by the people Nov. 8, ana re-
fefring to the proposed amendment of
section z, of article /, of the. constftu-
ton, he says: 44sss
THE effect Of this amendment, IL
adopted, will be to give the legislature
the power of determining 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 a criminal warrant issued by a JUS
tice of the peace.
What The Measure Means
Tn place of such presentment or In
dictment Of a grand jury, or a warrant
issued@by a justice sof the peace, it is
proper to submit any procedure which
the legislature ma deem due process
Of law. In other words. the legislature
Will have the power to PROVIDE a. GRIM
inal procedure in conformity with the
requirements of what is due process
OF law under the constitution of the
United States and the state of Min
nesota. The proposed amendment may
be made the basis for an act Of the
legislature authorizing the arrest and
prosecution of persons by an informa4
ton Issued by the county attorney,
charging the commission of a criminal
act. The article of the constitution
establishes specifically the manner and
form of holding a person to answer
for a criminal ofense. If the proposed
constitutional amendment Is adopted
the legislature nay. then, within prop
er constitutional li~mits,aadopt a new
method of procedure"
AS Law Stands S
Section Z, article l, provides: mo
persons shall be held to answer for a
criminal offense unless on pTesentment
or indictment of a grand jury, except
in case 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, or time
of war or public dangerfn-r
P.sW. Ewert, assistant attorney gem
eral, said yesterday thai the proposed
constitutional amendment appealed to
him as being the initiative in a depart
ure in the right direction. .'Too often"
Mr.. Ewart said, t1ocal influences, sym
pathy for the accused, or business re-
l%ations, prevent indictments by a grand
jury. The placing Of the full RESPONSE
bility on the shoulders of the county
attorney to present the case to the dis
trict court will result in many cases
being punished that would otherwise
escape notice. The. item OF expense,
the speed with which offenders may be
brought to trial and the experience of
several neighboring states in this di-
reetion all speak for the passage of the
constitutional amendment permitting
the legislature to amend the practice
now prevailing"