Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1904-10-12
WEDNESDAY. OCTOBER -, 1904
the GRAND JURY THREATENED.

the GRAND JURY THREATENED.
One of the amendments to be voted
upon at the coming election is whether
or not the grand jury system is to be
abolished. A more brazen attempt to
attack the liberties OF the people was
n9ver formula in the state. And
all upon the plea that the adjustment
would save small amount of money
to each county each year. Atty. Gen
Donahower has published the follow
ing Information regarding the pro
posed amendment:
By An act Ct the legislature of the
State OF Minnesota, approved April
IS, 1908, known as chapter 269 of the
General Laws of 1903, the same being
Senate File l13, it is proposed to
amend section : ST article l of the con-
stitution Of the State Of Minnesota.
The section as now existing reads
as follows:
Sec. : "No person shall be held to
answer for criminal otfense unless
on the presentment or indictment of q
grand jury, except in cases of i'm
parchment, or in cases cognizable 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
anne otfense shall be put twice in
jeopardy of punishment, nor shall be
compelled in any criminal case to De
witness against himself, nor be de-
prlved OF life, liberty, or property
with out due process OF law. All per
sons shall before conviction be bail
able by sufficient sureties except fer
capital cffenses, when the proof is
evident or the presumption grea'; and
the privilege of the writ of habeas
corpus shall not be suspended, unless,
when in case of rebellion or invasion,
the public safety may require
1t is proposed, by said act, to amend
said Section so as to read as follows:
Sec. mo person shall be held to
answer for criminal offense without
due process of law, and no person for
the same CtfeIse shall be put twice in
jeopardy Of punishment, nor shall be-
compelled in any criminal case to be
a witness against himself, nor be de-
prived of life, liberty or property
without due process OF law. All per-
sons shall before conviction be bail
able by sufficient sureties, except for
capital offenses 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 invasion
the public safety may require -
The effect of this amendment, if
adopted, will be to give the legisla-
ture the power to determine the man
ner and form Of charging persons with
the commission of criminal acts. AS
the constitution now reads, the pro-
cedure by which person is held to
answer for q criminal offense is by
presentment or Indictment of q grand
jury or by criminal warrant issued by
a justice of the peace. In place OF
such presentment or Indictment of q
grand jury, or warrant issued by q
justice of the peace, it is proposed t.
substitute any procedure which the
legislature may deem due process OF
law. In other words, the legislature
will have the power to provide GRIM
inal procedure in conformity with the
rights guarante ed by the fundamental
law, by which q person shall be held
to account for criminal offense.
Such procedure must conform with the
requirements of what is due process OF
law under the Constitution of the Unit
ed States and the State of Minnesota
The proposed amendment may be
made the basis for an act of the legis.
lature authorizing the arrest and pro.
secution of persons on an information
issued by county attorney charging
the commission of q criminal act
The existing Constitution establishes
specifically the manner and form o.
holding a person to answer for q Grim
inal offense. 1t the proposed consti
tutional amendment is adopted thu
legislature may then, within proper
constitutional limits, adopt new
method of procedure.
Thus it will be seen that the people
are asked to abolish the grand jury
without knowing what procedure is tt
take its place. 1t is assumed that thu
discretion of bringing action against
any criminal is to be left entirely tt
the county attorney. What chance
would there then be that the wealthy
and influential offenders would bt
reached? No, instead of abolishine
the grand jury, the people should bt
better informed as to the duties of The
same to the end that it might proper,
perform It's work, and instead of beinl
simply side.issue 10 be controlled
by the county attorney, which is tn
prevalent notion among many, i
would intelligently do the work re