St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1904-10-14
ii Constitution of the State of Min

or the Constitution of the State of Min
neSOta.
The existing provision of the Consti-
tuition. which is here sought to be amends
Cd as esa0S 6. as r f19lo% permanent scboo, and
university fund of this state may be in
vested in the purchase Of bonds Of any
school district, city, town or viii
ment shall be made until approved by the
board of commissioners designated by
law to regulate the investment Of the
school fund and the perma-
nent university fund of this state; nor
snail such loan or investment be made
when the issue of which the same in part
would make the entire bonded indebted
n ve55a eIceed a. sf I'VE per &c Gent ts Of the assessed
the county. school district, city, town
or village issuing such bonds; nor shall
such loans or indebtedness be made at a
cent per annum, nor for a shorter period
than five () years, nor for a longer
change of the town, school district. viii
the real property in such town, school
district, county, village or city in this
state at the time Of issuing the bonds
from any, liability for taxation to pay
such bonds.
1t is proposed by said Chapter % Of
the Genera Laws of 1903 to amend said
Section 6 Of Article s of the Constitution
as follows:
uni Sss; t.; tue fund Dsf Of tais zstafel m naS
be invested in the bonds of any
such Investment shall be made until
approved by the board of commission
ers designated ~ law to regulate the
Investment of the narmanPnt school FIND
and the permanent university fund Of
this state; nor shall such loan or invest
ment be made when the bonds to be is
sued or purchased would make the entire
bonded indebtedness exceed fifteen C1o)
per cent of the assessed valuation Of
the taxable real property of the county,
suing such bonds; nor shall such loans
or Indebtedness be made at a lower rate
of interest than three per cent per an
nor for a shorter period than five
twenty (2O years. and no change of the
town, school district. city. village or of
county lines shall relieve the real prop
ty, village or city in this state at the
time of the issuing Of such bonds from
any liability for taxation to pay such
bOnds,'
The existing constitution provides
that the permanent school and univer.
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 of which
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 property
in such county, school district, city,
town or village. The effect of the pro-
posed amendment, if 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 OF
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 ff-
teen per cent OF the assessed valua-
ton.
BY an act of the legislature Of the State
of Minnesota. approved April 1S, 1908:
known as chapter 269 OF the General
173, it is proposed to amend section Z
of article ] Of the constitution of the
State of Minnesota.
The section as now exlsung reads as
Sec. 7. mo person shall be held to
answer: for a criminal offense unless on
the preSentment or indictment of a grand
in cases cognizah.n 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
t.ice 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 o%ffenses,
when the proof is evident or the pre-
Sumip of h5 G1eas' c ann shs sb pfilV met be OF s lne
pended, unless. when in case of rebellion
or invasion, the public safety may re-
Quire.'
1t is proposed, by said act, to amend
said Section Z so as to read as follows:
Sec. I. mo person shall be held to
answer for a criminal offense without
que process of law: AND no person for
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
conviction be bailable by sufficient sure
ties. except for capital offenses when the
proof is evident or the presumption
great, Inc LIle privilege OIL tIe VIII OIL
llabeas 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 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 a person is held to answer
for a criminal offense is by present
mept 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 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 a person shall be held to &C.
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 Of an informa.
ton issued by a county attorney charg-
ing the commission Of a criminal act.
The existing Constitution establishes
specifically the ann and form of
holding a person to answer for a Grim
inal offense. If the proposed constitu.
tional amendment is adopted the legis.
lature may then, within proper consti.
tutional limits, adopt a new method of
procedure.