The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1904-10-19

The existing constitution provide
that the nermanent school and unIvel
sity fund OF the State Of Minnesot.
may be invested In the bonds on any
county, school district, city, town q
village. when the entire issue OF WnlcI
the proposed forms a part Will nov
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, IL 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 or village OK
the State Of Minnesota when the en-
tire issue, OF which the proposed loan
is part, will not make the indebted
ness Of any such county, school dis
trict, city, town or village exceed M
teen per cent Of the assessed valua-
ton.
BY an act OF the legislature OF the State
of Minnesota. approved April 18, 1908;
known as chapter 269 of the General
Laws of 1908, the same being Senate F1ie
173, II is proposed to amend section
of article / of the. constitution Of the
State of Minnesota
The section as now existing reads as
follows:
Sec. I. mo person shall be held to
answer for a criminal offense unless on
the presentment or indictment of grand
jury, except In cases of impeachment, or
In cases cognizable by justices of the
peace, or arising in the army or navy,
or II the militia when in actual service
person for the same offense shall be put
twice in jeopardy of punishment, nor
shall be compelled In any criminal case
to be witness against himself, nor be de-
prived of life, liberty, or property with
out due process Of law. All persons shall
before conviction be bailable by sufficient
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 reoelnon
or invasion, the public safety may re-
Quire."
It is proposed, by said act, to amend
said Section so as to read as follows:
Sec. Z. mo person shall be held to
answer for a criminal offense without
due process of law, and no person for
the same offense shall be put twice in
compelled in any criminal case TO be a
witness against himself, nor be deprived
of life. liberty or property without due
process OF law. All persons shall before
conviction be bailable by sufficient sure
ties. except for capital offenses when the
proof is evident or the presumption
habeas corpus shall not be suspended
unless when in case of rebellion or in
vasfon 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 person is held to answer
for criminal offense is by present
ment or indictment of grand jury or
by criminal warrant issued by just-4
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 q person shall be held to ac
count for criminal ofPense. 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 county attorney charg.
ing the commission Of criminal act.
The existing Constitution establishes
specifically the manner and form of
holding 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
procedure
w. j. DONAHOWER,
Attorney General.
Dated ST.. Paul, Mimi, July LIST, 1904.