The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-10-15
MANY CHANGES
IN STATE LAWS
RECOMMENDED
Attorney General Shafer, in
Biennial Report, Tells Why
They Are Needed

Special laws similar to those pass
I'd in other states arc necessary to
curb the theft Of automobiles in
North Dakota, Attorney General
George Shafer AYERS in his biennial
report. prepared for presentation to
the legislature.
Because Of the ease with which
automobiles may be stolen and trans
ported laws to aid the apprehension
and conviction Of automobile thieves
should be especially adapted to the
nature Of the problem, the report
says.
Strengthening Of the present as
sault and battery statute also is
advisable, the attorney general said.
Although the laws governing assault
with Il weapon are severe those refer
ring to injuries inflicted without wea-
mons are altogether too mild" in his
opinion. He points out that "A strong.
man or group Of men may inflict
greater injury with their bare hands
than ordinarily is done with Il wca-
pom. Enactment Of q statute similar
to that in force in Iowa to cover ag-
gravatcd cases Of assault is recon-
mcndcd. The Iowa law pcrmitstrS
maximum sentence Of one year in
jail ana line OF $bUU.
State ut Disadvantage
Revision Of the law permitting de-
PENDANTS in criminal cases twice as
many percmptory challenges as is
allowed the state in selecting jurors
is recommended. This situation
operates unfairly to the disadvantage
of the state. Shafer contends. He
recommends that each side be given
an equal number Of challenges.
Shafer would grant to states at
torneys the power to subpoena wit
ncsses and examine them under oath,
Lack Of this power is serious de-
feet in the states system Of criminal
procedure, he said. Since states at
torneys in North Dakota exercise in
effect the same powers granted TO
grand jurics where such are regular
~ called, that is. investigation Of
crimes and determination Of wheth-
or or not person should be held for
trial. it is essential that he have the
mower to summon and examine wit
ncsscs under oath in order to obtain
the true facts Of a situation, the at
torncy general contends. Lack Of
this power by the states attorney
he said, often makes it possible for
law viOlatOrs to 20 unpublished. In
other eases he often is forced to &c
to trial with inadequate and mislc..d.
ing information.
The law permitting defendants u
obtain change Of venue merely by
demanding it also is severely criti.
cised. The laws permitting defend
.nts to obtain REMOVAL of the tria
from one county to another, at great
~ kotn kn
Of the trial judge merely by filing af
fidavits Of prejudice have been great
" abused and should be abolished
Shafcr said. Shafcr would require
| defendant To support charges o.
prejudice by showing sufficient Il
| warrant the granting of his applica
ton. He applies this especially t.
cases where affidavits Of prcjudic,
are filed AGAINST the county.
Would Limit Time for Appeal
The attorney general also wOult
add provision Of law requiring per
sons appealing criminal cases to tn
supreme court to perfect their ap
peals within six months. Such a law
he said. would avoid delays and spec.
the ADMINISTRATION Of justice. Thu
supreme court would be empowered
to grant additional time where neces
i
sary.
He also would have law permit
/ ting the pcrpctuatiOn of testimony
/ At present, he said, important wit
nesses in criminal cases become sick
disappear or die before trial can b.
had and the state is handicapped b,
their absence. Defendants may u.s.
| dispositions in their defense but tn,
| statutes denv such right to the state
Shafcr would give the state the sam'
/ rights rs the defendant in this res
pcct. In such cases ample motto,
would be given the defendant WIFI
would have the right to be presen
and cross examine thc witness at tn
| time the deposition was taken. Sucl
action already has. been taken il
| Ohio, he said.
A change in court practice which
would encourage defendants to testi
| ~ in their own behalf Is recommend
| "a. Although the constitution pro
vides that Z defendant in crimina
| action may not be required to testi
| ~ against himself, Shafef would hav,
! > statute which. while It would limi'
1.-THE, oss-examination Of defendants
| would also permit opposing counse
to comment on the defendants fail
ure to take the stand and permit
juries to take the fact into considera
| tion IN deciding the case.
Contlnxent Funds Needed
Passage of law requiring count,
! commits toner's to set aside rs q con