The Redwood gazette., 1904-10-26

The existing constitution plOgAa
that the permanent school ana uhlVeI
sity fund of the State OF Mlnnesola
may be invested in the bonds OF any
county, school district, city, town Or
village, when the entire issue OF WnlcA
the proposed forms a part Will ny
make the Indebtedness OF sucn counsys
school district, city, town or vlilas9
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 adopted, will De
to authorize the investment Of the per-
manent school and university funds or
the state in the bonds of any county.
school district, city, town or village or
the State of Minnesota when the en-
tire issue, of which the proposed loan
is a part, will not make the indebted
ness of any such county, school dis
trict, city, town or village exceed nj
teen per cent of the assessed valua-
ton.
BY an act Of the legislature of the State
Of Minnesota, approved April 1s, 1908;
known ooe eh3Pter apt 269 nen 81 tse ense F
49, ii is proposed to amend section 7
Of article / Of the constitution Of the
state or Minnesota. -
The section as now existing reads as
follows:
Sec. I. mo person shall be held to
answer for criminal Offense unless on
the presentment or indictment OF grand
jury, except In cases of Impeachment, or
in cases cognlzable 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; and no
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
sureties except for capital offenses,
when the proof is evident or the pre-
sumption great; and the privilege OF the
writ, of habeas corpus snail not pc Sus-
or invasion, the public safety may re-
quire.'
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
jeopardy of punishment, nor shall be
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 otfenses when the
proof is evident or the presumption
great; and the privilege of the writ OF
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 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 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 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
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 a 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.
Iature may then, within proper consti-
tutional limits, adopt new method Of
procedure.
w. J. DONAHOWER,
Attorney General.
Dated st. Paul, Mimi, July 1st, 1904.