The Appeal., 1904-10-15

a -----~
rover rate Or interest. ,i,an !nree PER Pef
sent per anm @ n9r fop }ongef
period rrn tn than a. twenty t2@ years; and M, sHo
change of the town, school district, VIZ VII
lage,' city. or county lines shall reievS9 rn9
istrIe4 dhs rsae IL city in
state ut the time of issuing the oonuv nus
from any liability for taxation to pay
such. bonds o. o4
Section Of Article 8 of the Constitution
Of the State of Minnesota so as 10 feao EAU
asec: s: The permanent t school ela2s mna and
be invested in the bonds a;+1, OF +oWn AMY
such investment shall be. made until
approved by the board of commission e'1o
ers designated by law to gGn1 regula11e e,,nG ing
and the permanent university fund OF
this state; nor shall such loan or lnvesc
ment be made when the bonds 70 pc pe44!isa
ner cent Of the assessed valuation OF
the taxable real property Of the i,ega eoun{s. y,
school district: city, town W., or snch v1as loans
or indebtedness be made at a lower rate
of interest than three per cent per eve am
mum. nor for a shorter period than Nv
twenty (2o) years, and no change of the ne
town, school district. CITY,. village % or oI
county lines shall relieve the real prup-
tvs village or city in this state at the
time of the issuing Of such bonds IRON, IRON,
any liability for taxation to pay suoA
bonds.'
The existing constitution provldes
that the permanent school and unlVer'
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 Oh Wnlcil
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 properly
in such county, school district, city,
town or village. The effect OF the pro-
posed amendment, If adoptea' wlll ue
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 or village OF
the State Of Minnesota when the ell
tire issue, of which the proposed loan
is a part. will not make the indeoteo-
ness of anv such county, school dis
trict, city, town or village exceeu ,,,n MI
teen per cent of the assessed 'aiu''
ton.
Bv an act of the legislature of the State ,an9
If Minnesota. approved April 1S: 19o5;
known as chapter 269 Of the Genen,al
Laws of 1908, the same being Senate rh7
49, it is propostHbd 1S tbe TO conatituton nt Of the
Stota Of Minnesota.
The section as now existing reaos DIS
follows: 49,, -, ,,o,a +o
answer for criminal offense unless on
the presentment or Indictment OF a granu
Jury. except in cases of lmpeachment' vi
in cases cognizable by Justices OF tne
peace, or arising in, the army or navy,
or in the militia when in actual service
in time of war or public danger; ana NO
person for the same oHense Snali pe ,or poc
shall be compelled in any criminal case
to be witness against himself, nor be de-
prived of life, liberty, or properly WIKI VIII,
before conviction be bailable by sufficient
sureties except for capital offenses'
when the proof is evident or the pleo u1so
sumption great; and the, privilege OF In. the
nended. unless. when in case of rebellion
or invasion, the public safety. may re
quire''
Sec = mo person shall be held to
answer for a criminal offense Wlthout
dye of aW nq b no Du tWce in
Jeopardy of punishment, nor shall be
compelled in any criminal case to be q
witness against himself. nor be deprived
of life. liberty or property WtthG1t .haG fnre que
conviction be bailable by sufficient sure
ties. except for capital offenses when the the
proof is evident or the presunp;tloaf Pre- r;4 of
habeas corpus shall not be suspended
unless when in case of rebellion or in
vasion the public safety may require"
The effect of this amendment, if
adopted. will be to give the legislature
the mower to determine the manner
and form of charging persons with the
commission of criminal acts. AS the
constitution now reads, the procedure
by which person is held to answer
for a criminal offense is by present
ment or Indictment of a grand jury or
hy criminal warrant issued by just
ice of the peace. In place OF such pre-.
sentiment or Indictment of a grand
Jury. or a warrant issued by justice
of the peace, it is proposed to substl'
tute any procedure which the leglsia'
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 ac'
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
sota The proposed amendment may
be made the basis for an act OF tho
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 manner and form OF
holding person to answer for a Grim"
inal offense. If the proposed constltu'
tional amendment is adopted the legis"
lature may then, within proper constls
tutional limits, adopt a new! method OF
procedure. ' :
w. J. DONAHOWER, =
@ Attorney General. &
TS,I