The Bismarck tribune., 1923-01-20
NEW METHOD IN
CRIMINALCASE
IS PROPOSED
House Judiciary Committee
Redrafts Bill for Probe
Before Arrest
WIDE POWER IS GIVEN
Courts Would be Able to
Summon Persons to Testify
Before Crime Committed
WIDE POWER IS GIVEN

A new method of procedure in
criminal matters in the state is pro-
posed by the house judiciary COM
mittee in n report in which 1t re-
wrote house bill No. 90, introduced
by Reps. Miller and Halcrow. The
report went into general orders and
was to be discussed today.
Power to subpoena witnesses to
testify as to an alleged violation of
law, as preliminary process to
making an arrest, is provided fer in
the measure which, according to
Chairman Stark of the judiciary
committee, follows similar South
Dakota law.
Whenever any complaint verified
upon information and belief has
been made and approved by the
states attorney or a district judge,
the matter may be laid before any
justice of the peace, police magis-
trate or judge of county court
having increased jurisdiction asking
for an investigation. The official
is charged with the duty of issuing
subpoenas requiring persons to sub
nit to examination and give testi-
mony under oath concerning any
violation of law which may be ques-
tion.
The bill provides that if it appears
that there has been a violation of
law it is the duty of the official to
isue a warrant Of Arrest, If approved
by the district court or states at
torney, and further proceedings
shall be had according to existing
law.
The amendment is substituted for
a similar bill which laid all such
powers in the hands of the states
attorney, the purpose of the bill be-
ing to make possible inquiry into al
legged violations of lawfan obtain
ing Of evidence through legal pro-
cedure instead Of other investiga-
ton.
Agreement Invoked
The "gentlemen's agreement" not
to take up important matters during
the absence of members attending
the Tri-State Grain Growers con-
vention in Fargo upon objection of
10 members was invoked for the
first time in the house today, when
Rep. Carr, Stutsman, attempted to
apply the "clincher motion" to his
bill, No. 81, reducing the time in
which threshers' liens must be filed
from 20 to Is days after threshing.
Rep. Starke or Starke and Is others
objected, and the "clincher" was
not applied. The bill had been pass
ed previously by vote of 81 to 81,
and Rep. Carr sought to prevent re-
consideration of the measure.
Interest was manifest, but there
was no debate, when Rep. Ellingson
moved that the anti-dancing in
schools bill be taken from the COM
mittee on temperance and given to
the committe on education, Rep.
Halcrow, co-author of the measure,
is chairman of the committee on
temperance. He did not object to
the transfer.
Chairman Twichel of the state af-
fairs committee, asking consent to
hold the bill for the repeal of the
pool hall license law for longer
ime, said that it was understood
other measures of similar import
would be introduced.
Asks Law Repeal
Repeal of the county seed and |
feed law, which permits counties to |
bond for the purchase Of purchasing !
seed and feed, was proposed in
house bill No. 81, introduced by Rep.
MUS, Ward county. Two companion |
measures setting up machinery for
retirement of outstanding bonds /
were also introduced, being made
necessary by the repeal provisino of |
the first bill.
In acting on committee reports
the house accepted the resignation
Of r. M. Lee as proof-reader and
named Hugh Black of Werner for
the place. Rep. Turbshaw's bill ex-
tending the recall provisions to in
clude park boards was reported
favorably, with amendment permit
ting signers to withdraw names
from petitions any time before the
lists are certified by the city audi
tor. Rep. Sprouts bill to provide
staggered" terms for village board
was advanced.
Communications received include
one from taxpayers association Of
calling for economy and
asking:' Q) Power to issue that
real estate valuation be cut to SO
percent of actual value; (3) that
issuance Of tax exempt bonds be for
bidden; (4) that there be no tax |
exemptions for private property; (5) /:
that a moratorium be declared on
highway building for a period Of
two to four years; (6) that the g.
cent fat acreage hail tax be re-
pealed. 4,
PIONEER DEAD
) Mandan Ian 2O-phi1in AnOhua,, i