S CONSTITUTION 
 
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 IOWA 
 
 ITS CONSTITUTION AN§d5i^^- 
 
 BY 
 
 S. M. WEAVEK 
 
 Judge XI. Judicial District, Iowa 
 
 MAYNAED, MEERILL, & CO. 
 
 29, 31, AND 33 East Nineteenth Street 
 NEW YORK
 
 Copyright, 1897, 
 
 BY 
 
 MAYNARD, MERRILJ., & CO.
 
 73 
 
 JK 
 
 IS 7 
 
 -Mil 
 
 CONTENTS 
 
 PAGE 
 
 Introduction 3 
 
 CHAPTER 
 
 I. The Constitution 6 
 
 II. Iowa in History 36 
 
 III. Development of the Constitution 38 
 
 IV. Relation of the State and Nation 40 
 
 V. Constitution aided by Statutes 41 
 
 VI. Personal Rights 42 
 
 VII. Right of Suffrage 53 
 
 X VIII. Distribution of Powers 57 
 
 ^ IX. Legislative Department 57 
 
 X. Executive Department 67 
 
 XI. Non-elective State Ulficers 75 
 
 X XII. State Institutions ,78 
 
 XIII. Judicial Department , .... 79 
 
 XIV. The State Militia . , 84 
 
 XV. State Debts 85 
 
 XVI. Corporations 87 
 
 XVII. Public Education 90 
 
 Jp XVIII. Constitutional Amendments 93 
 
 S XIX. Miscellaneous Provisions 95 
 
 j/i| XX. Counties and County Government 98 
 
 1^ XXI. Townships and Township Government 103 
 
 XXII. Cities and Towns 105 
 
 XXIII. School Districts 110 
 
 XXIV. Taxation 113 
 
 321117
 
 INTRODUCTIOK 
 
 Order of Study — The natural order of inquiry into 
 the govern nient of one of tlie United States begins 
 witli its Constitntion. In harmony with tliis thouglit 
 we devote the first chapter of tlie following study of 
 Iowa to the text of its fundamental law. We suij-ffest 
 however, that at the outset the pupil be not required to 
 do more than carefully read this text, and that tlie more 
 minute examination of its provisions be taken up in con- 
 nection with the subsequent chapters in which they are 
 re-stated and explained in detail. 
 
 Definitions — It cannot be too strongly urged upon 
 teachers and pupils that they do not leave any ^o]>ic 
 which is discussed in this little volume until the mean- 
 ing of the language employed has been thoroughly mas- 
 tered. While careful effort has been made to state rules 
 and principles in plain and ordinary terms, it lias been 
 impossible to avoid always the use of words and phrases 
 peculiar to law books and writings. 
 
 The Constitution also contains many terms not at first 
 readily understood by the non-professional reader. In 
 most instances of this kind we have given definitions and 
 explanations which will enable the young person of ordi- 
 nary intelligence to grasp the idea sought to be con-
 
 4 INTRODUCTION 
 
 veyed. Lack of space lias prevented other definitions 
 wliicli could have been given witli profit ; \mt the dili- 
 gent student can be relied upon to consult the dictionary 
 and other available works of reference, whenever he 
 finds himself in doubt upon a question of interpretation. 
 Equivalent Terms — In the following chapters the 
 words "elector" and " voter" have been used as hav- 
 ing the same meaning. Laws enacted by the Legisla- 
 ture of the State or by the Congress of the United 
 States are spoken of as "acts/' "statutes," "statu- 
 tory laws," and "enactments." The words "road," 
 ' ' public road ' ' are treated as of the same signification 
 as "highway." Tlie constitutional name of the Senate 
 and House of Kepresentatives of the State, when taken 
 together as a law-making body, is "The General As- 
 sembly of the State of loM'a, " Ijut in popular usage it 
 is more frequently and simply mentioned as "the Leg- 
 islature," a usage which we have sometimes followed. 
 Other similar instances will be noted by the observant 
 I'eader.
 
 IOWA 
 
 ITS STATE AND LOCAL GOVEEXMENT 
 
 WITH THE 
 
 STATE CONSTITUTION 
 
 TO TEACHERS 
 
 Knowledge of the general nature of our state government and of 
 tlie laws which command our obedience is indispensable to a high 
 standard of citizenship, Every man and woman is charged with 
 public as well as private responsibilities ; and upon the manner in 
 which the young are trained to meet those responsibilities depends 
 the destiny of our country. 
 
 To aid in imparting instructions along these lines, the following 
 chapters have been written. 
 
 The subject treated is generally, but very erroneously, supposed 
 to be too complex and abstruse for any but trained lawyers to under- 
 stand. The machinery of our government is remarkable for its sim- 
 plicity, and its practical operation can readily be made plain and full 
 of interest to every intelligent child. 
 
 Practical illustration of the administration of government, in some 
 of its minor features at least, is always at hand for the use of the apt 
 instructor ; and such familiar examples as the working of public 
 roads, annual school meetings, annual and special elections, proceed- 
 ings of school directors, city councils, boards of supervisors, mayors, 
 and justices of the peace, the assessment and collection of taxes, and 
 other similar matters, can be made topics of profitable discussion and 
 inquiry. 
 
 Concerning other features not coming within the range of personal 
 observation, pupils should be encouraged to go beyond the outline 
 lesson and investigate for themselves all available sources of infor- 
 mation. 
 
 Among the authorities in easy reach are the Code, containing a 
 compilation of all the statutes of general importance; the Official 
 
 5
 
 6 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 Register, publislied yearly by the Secretary of State ; the Census Re- 
 ports ; reports of all the various State Offices; Annals of Iowa ; Acad- 
 emy of Science ; Handbook for Iowa Teachers, published annually 
 for free distribution. Of these, the first can be found in the office of 
 every lawyer and magistrate ; while the other documents named may 
 usually be obtained without expense by api)lying to the proper 
 officer at the State Capitol. 
 
 Many other helps will be discovered by the student who cultivates 
 the habit of independent investigation and independent thought. 
 
 No word or phrase, made use of in the text, should be passed until 
 its meaning is fully explained and understood. Studied in this 
 manner and with this spirit, the time employed upon these pages 
 cannot be otherwise than well spent. 
 
 CHAPTEE I 
 
 CONSTITUTION OF IOWA 
 
 TJie Jieavy face figures in the margin are inserted for convenience 
 of reference. 
 
 We, the people of the State of Io'^va, grateful to the 
 Supreme Being for the blessings hitherto enjoyed, and feel- 
 ing our dependence on Him for a continuation of these 
 blessings, do ordain and establish a free and independent 
 government, by the name of The State of Iowa, the 
 boundaries whereof shall be as follows : 
 
 2 
 
 Beginning in the middle of the main channel of the Missis- 
 sippi river, at a point due east of the middle of the mouth of 
 the main channel of the Des Moines river, thence up the middle 
 of the main channel of the said Des Moines river, to a point on 
 said river where the northern boundary line of the State of 
 Missouri — as established by the Constitution of that State — 
 adopted June 12, 1820 — crosses the said middle of the mala 
 channel of the said Des Moines river ; thence westwardly 
 along the said northern boundary line of the State of Missouri, 
 as established at the time aforesaid, until an extension of said 
 line intersects the middle of main channel of the Missouri 
 river ; thence up the middle of the main channel of the said
 
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 CONSTITUTION OF IOWA 7 
 
 Missouri river to a point opposite tlio iniddlo of the nmiu 
 channel of tlie Big Sioux river, according to Nicoilett's inai> ; 
 thence up the main cliannel of the Big Sioux river, arconl- 
 ing to tlie said map, until it is intersected by tlur parallel 
 of forty-three degrees and thirty minutes north latitu<le ; 
 thence east along said parallel of forty-three degrees and 
 thirty minutes, until said parallel intersects the middle of 
 the main channel of the Mississippi river ; thence down the 
 middle of the main channel of said Mississippi river to the 
 place of beginning. 
 
 Article I. Bill of Rights 
 
 Sectiox 1. All men are, by nature, free and equal, and 
 have certain inalienable rights, among which are those of en- 
 joying and defending life and liberty, acquiring, possessing, 
 and protecting property, and pursuing and obtaining safety 
 and happiness. 
 
 Sec. 2. All political power is inherent to the people. Gov- 
 ernment is instituted for the protection, security, and benefit 
 of the people, and they have the right, at all times, to alter 
 or reform the same, whenever the public good may require it. 
 
 Sec. 3. The General Assembly shall make no law respect- 
 ing an establishment of religion, or prohibiting the free exer- 
 cise thereof ; nor shall any person be compelled to attend any 
 place of worship, pay tithes, taxes, or other rates for building 
 or repairing places of worship, or the maintenance of any 
 minister, or ministry. 
 
 Sec. 4. No religious test shall be required as a qualification 
 for any office or public trust, and no person shall be deprived 
 of any of his rights, privileges, or capacities, or disqualified 
 from the performance of any of Lis public or private duties, 
 or rendered incompetent to give evidence in any court of law 
 or equity, in consequence of bis opinions on the subject of 
 religion ; and any party to any judicial proceeding shall have
 
 8 IOWA, ITS STATE A^^B LOCAL OOVEBNMENT 
 
 the right to use as a witness, or take the testimony of, any 
 other person not disqualified on account of interest, who may 
 be cognizant of any fact material to the case ; and parties to 
 suits may be witnesses, as provided by law. 
 
 Sec. 5. Any citizen of this State who may hereafter be en- 
 gaged, either directly or indirectly, in a duel, either as princi- 
 pal, or accessory before the fact, shall forever be disqualified 
 from holding any oifice under the constitution and laws of this 
 State. 
 
 8 Sec. 6. All laws of a general nature shall have a uniform 
 operation ; the General Assembly shall not grant to any 
 citizen, or class of citizens, privileges or immunities which, 
 upon the same terms, shall not equally belong to all citizens. 
 
 9 Sec. 7. Every person may speak, write, and publish his 
 sentiments on all subjects, being responsible for the abuse of 
 that right. No law shall be passed to restrain or abridge the 
 liberty of speech, or of the press. In all prosecutions or in- 
 dictments for libel, the truth may be given in evidence to the 
 jury, and if it appear to the jury that the matter charged as 
 libelous was true, and was published with good motives and 
 for j ustifiable ends, the party shall be acquitted. 
 
 XO Sec. 8. The right of the people to be secure in their per- 
 sons, houses, papers, and effects against unreasonable seizures 
 and searches shall not be violated ; and no warrant shall issue 
 but on probable cause, supported by oath or affirmation, 
 particularly describing the place to be searched, and the 
 persons and things to be seized. 
 
 XI Sec. 9. The right of trial by jury shall remain inviolate; 
 but the General Assembly may authorize trial by a jury of a 
 less number than twelve men in inferior courts ; but no 
 person shall be deprived of life, liberty, or property without 
 due process of law. 
 
 i 2 Skc. 10. In all criiuinal prospcutions, and in cases involving 
 the life or liberty of un individual, the accused shall have a
 
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 CONSTITUTION OF IOWA 9 
 
 right to a speedy and public trial by an impartial jury ; to bo 
 informed of the accusation againwt liiin; to Lave a copy of tlio 
 same wlien demanded ; to lie confronted with the witnesses 
 against bim ; to have compulsory process for bis witnesses ; 
 and to have tbe assistance of counsel. 
 
 Sec. 11. All offenses less than felony and in wliicb tbe 
 punishment does not exceed a fine of one hundred dollars, or 
 imprisonment for thirty days, shall be tried summarily before 
 a Justice of the Peace, or other officer authorized by law, on 
 information under oath, without indictment, or the interven- 
 tion of a grand jury, saving to the defendant the right of ap- 
 peal ; and no person shall be held to answer for any higher 
 criminal offense, unless on presentment or indictment by a 
 grand jury, except in cases arising in the army, or navy, or in 
 the militia, when in actual service, in time of war or public 
 danger. 
 
 Sec. 13. No person shall, after acquittal, be tried for the 
 same offense. All persons shall, before conviction, be bail- 
 able, by sufficient sureties, except for capital offenses where 
 the proof is evident, or the presumption great. 
 
 Sec. 13. The writ of habeas corpus shall not be suspended, 
 or refused when application is made as required by law, un- 
 less, in case of rebellion, or invasion, the public safety may 
 require it. 
 
 Sec. 14. The military shall be subordinate to the civil 
 power. No standing army shall be kept up by the State in 
 time of peace ; and in time of war, no appropriation for a 
 standing army shall be for a longer time than two years. 
 
 Sec. 15. No soldier shall, in time of peace, be quartered in 
 any house without the consent of the owner, nor in time of 
 war except in the manner prescribed by law. 
 
 Sec. 16. Treason against the State shall consist only in 
 levying war against it, adhering to its enemies, or giving them 
 aid and comfort. No person shall be convicted of treason, un-
 
 10 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
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 less on tlie evidence of two witnesses to tlie same overt act, or 
 confession in open court. 
 
 Sec. 17. Excessive bail sliall not be required ; excessive 
 fines sball not be imposed, and cruel and unusual punisbment 
 sball not be inflicted. 
 
 Sec. 18. Private property sball not be taken for public use 
 witbout just compensation first being made, or secured to be 
 made, to the owner tbereof, as soon as tbe damages sball be 
 assessed by a jury, wbo sball not take into consideration any 
 advantages tbat may result to said owner on account of tbe 
 improvement for wbicb it is taken. 
 
 Sec. 19. No person sball be imprisoned for debt in any 
 civil action, on mesne or final process, unless in case of fraud ; 
 and no person sball be imprisoned for a militia fine in time of 
 peace. 
 
 Sec. 20. Tbe people bave tbe rigbt freely to assemble 
 togetber to counsel for tbe common good ; to make known 
 tbeir opinions to tbeir representatives and to petition for a re- 
 dress of grievances. 
 
 Sec. 21. No bill of attainder, ex po^t facto law, or law im- 
 pairing tbe obligation of contracts sball ever be passed. 
 
 Sec. 22. Foreigners wbo are, or may bereafter become, 
 residents of tbis State sball enjoy tbe same rigbts in respect 
 to tbe possession, enjoyment, and descent of property as 
 native-born citizens. 
 
 Sec. 23. Tbere sball be no slavery in tbis State, nor sball 
 tbere be involuntary servitude, unless for tbe punisbment of 
 crime. 
 
 Sec. 24. No lease or grant of agricultural lands, reserving 
 any rent, or service of any kind, sball be valid for a longer 
 period tban twenty years. 
 
 Sec. 25. Tbe enumeration of rigbts sball not be construed 
 to impair or deny otbers, retained by tbe people. 
 
 [Sec. 26. No person sball manufacture for sale, or sell, or
 
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 CONSTITUTION OF IOWA 11 
 
 keep for sale, as a beverage, any intoxicating liquors what- 
 ever, including ale, wine, and beer. The General Assembly 
 shall by law prescribe regulations for the enforcement of the 
 prohibition herein contained, and shall thereby provide suita- 
 ble penalties for the violation of the provision hereof.] 
 
 [llic foregoing amendment icus adopted at a special election 
 field on June 27, 1882. The supreme court, April 21, 1883, in 
 the case of Koehler & Lange vs. Hill, and reported in 60th 
 Iowa, page 543, held that, owing to certain irregularities, the 
 same was not legally submitted to the electors, and did not he- 
 come apart of the constitution.'] 
 
 Article II. Ki^ht of SuflFiage 
 
 Section 1. Every [ichite] male citizen of the United States, 
 of the age of twenty-one years, who shall have been a resident 
 of this State six months next preceding the election, and of 
 the county in which he claims his vote sixty days, shall be 
 entitled to vote at all elections which are now or hereafter 
 may be authorized by law. 
 
 [Amended by striking out the word " white" at the general 
 election in 1S6S.] 
 
 Sec. 2. Electors shall, in all cases except treason, felony, 
 or breach of the peace, be privileged from arrest on the days 
 of election, during their attendance at such elections, going to 
 and returning therefrom. 
 
 Sec. 3. No elector shall be obliged to perform military duty 
 on the day of election, except in time of war or public danger. 
 
 Sec. 4. No person in the military, naval, or marine service 
 of the United States shall be considered a resident of this 
 State l)y being stationed in any garrison, barrack, or military 
 or naval place or station within this State. 
 
 Sec. 5. No idiot, or insane person, or person convicted of 
 any infamous crime shall be entitled to the privilege of an 
 elector.
 
 12 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
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 Sec. 6. All elections by the people shall be by ballot. 
 
 [Amendment.] The general election for State, district, 
 county, and township officers shall be held on the Tuesday 
 next after the first Monday in November. 
 
 [The foregoing amendment was adopted at the general 
 election in 1884.] 
 
 Article III. Of the Distribution of Powers 
 
 Section 1. The powers of the government of Iowa shall be 
 divided into three separate departments — the Legislative, the 
 Executive, and the Judicial ; and no person charged with the 
 exercise of powers properly belonging to one of these depart- 
 ments shall exercise any function appertaining to either of the 
 others, except in cases hereinafter expressly directed or per- 
 mitted. 
 
 Legislative Department. 
 
 Section 1. The Legislative authority of this State shall be 
 vested in a General Assembly, which shall consist of a Senate 
 and House of Eepresentatives ; and the style of every law 
 shall be : 
 
 "Be it enacted hy the General AssemUi/ of the State of 
 loica." 
 
 Sec. 2. The sessions of the General Assembly shall be 
 biennial, and shall commence on the second Monday in Janu- 
 ary next ensuing the election of its members ; unless the 
 Governor of the State shall, in the meantime, convene the 
 General Assembly by j)roclamalion. 
 
 Sec. 3. The members of the House of Representatives shall 
 be chosen every second year by the qualified electors of their 
 respective districts, on the Tuesday next after the first Mon- 
 day in November ; and their term of office shall commence on 
 the first day of January next after their election, and continue 
 two years, and until their successors are elected and qualified. 
 
 Sec. 4. No person shall be a member of the House of 
 Representatives who shall not have attained the age of
 
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 CONSTITUTION OF IOWA 13 
 
 twenty-one years, be a [free ^irMU] male citizen of tlie United 
 States, and shall liave been an inliabitant of this State one 
 year next preceding his election, and at the time of his 
 election shall have had an actual residence of sixty days in the 
 county or district he may have been chosen to rei)resent. 
 
 [Amended by striking out the icords "free lohite," at the 
 general election in 1S80.'] 
 
 Sec. 5. Senators shall be chosen for the term of four years, 
 at the same time and place as liepresentatives ; they shall be 
 twenty-five years of age, and possess the qualifications of 
 Representatives as to residence and citizenship. 
 
 Sec. 6. The number of Senators shall not be less than one- 
 third, nor more than one-half the Representative body ; and 
 shall be so classified, by lot, that one class, being as nearly 
 one-half as possible, shall be elected every two years. When 
 the number of Senators is increased, they shall be annexed by 
 lot to one or the other of the two classes, so as to keep them 
 as nearly equal in numbers as practicable. 
 
 Sec. 7. Each house shall choose its own officers, and judge 
 of the qualification, election, and return of its own members. 
 A contested election shall be determined in such manner as 
 shall be directed by law. 
 
 Sec. 8. A majority of each house shall constitute a quorum 
 to transact business ; but a smaller number may adjourn from 
 day to day, and may compel the attendance of absent members 
 in such manner and under such penalties as each house may 
 provide. 
 
 Sec. 9. Each house shall sit upon its own adjournments, 
 keep a journal of its proceedings.and publish the same ; de- 
 termine its rules of proceedings, punish members for dis- 
 orderly behavior, and, with the consent of two-thirds, expel 
 a member, but not a second time for the same offense ; and 
 shall have all other powers necessary for a branch of the 
 General Assembly of a free and independent State.
 
 14 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
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 Sec. 10. Every member of tlie General Assembly shall 
 have tlie liberty to dissent from, or protest against, any act or 
 resolution wliicli lie may think injurious to the public or an 
 individual, and have the reasons for his dissent entered on the 
 journals ; and the yeas and nays of the members of either 
 house, on any question, shall, at the desire of any two mem- 
 bers present, be entered on the journals. 
 
 Sec. 11. Senators and representatives, in all cases, except 
 treason, felony, or breach of the peace, shall be privileged 
 from arrest during the session of the General Assembly, and 
 in going to and returning from the same. 
 
 Sec. 13. When vacancies occur in either house, the Gov- 
 ernor, or the person exercising the functions of Governor, 
 shall issue writs of election to fill such vacancies. 
 
 Sec. 13. The doors of each house shall be open, except on 
 such occasions as, in the opinion of the house, may require 
 secrecy. 
 
 Sec. 14. Neither house shall, without the consent of the 
 other, adjourn for more than three days, nor to any other 
 place than that in which they may be sitting. 
 
 Sec. 15. Bills may originate in either house, and may be 
 amended, altered, or rejected by the other ; and every bill, 
 having passed both houses, shall be signed by the Speaker 
 and President of their respective houses. 
 
 Sec. 16. Every bill which shall have passed the General 
 Assembly shall, before it becomes a law, be presented to the 
 Governor. If he approve, he shall sign it ; but if not, he shall 
 return it, with his objections, to the house in which it origi- 
 nated, which shall enter the same upon their journal, and 
 proceed to reconsider it ; if, after such reconsideration, it 
 again pass both houses, by yeas and nays, by a majority of 
 two-thirds of the members of each house, it shall become a 
 law, notwithstanding the Governor's objections. If any bill 
 shall not be returned within three days after it shall have
 
 CONSTITUTION OF IOWA 16 
 
 been presented to him, Sunday excepted, tlio same sLall be a 
 law in like manner as if he had signed it, unless the General 
 Assembly, by adjournment, prevent such return. Any bill 
 submitted to the Governor for his approval during the last 
 three days of a session of the General Assembly, shall be de- 
 posited by him in the oiHce of the Secretary of State, withia 
 thirty days after the adjournment, with his approval, if ap- 
 proved by him, and with his objections, if he disapproves 
 thereof. 
 
 Sec. 17. No bill shall be passed unless by the assent of a 
 majority of all the members elected to each branch of the 
 General Assembly, and the question upon the final passage 
 shall be taken immediately upon its last reading, and the 
 yeas and nays entered on the journal. 
 
 Sec. 18. An accurate statement of the receipts and expendi- 
 tures of the public money shall be attached to and published 
 with the laws, at every regular session of the General As- 
 sembly. 
 
 Sec. 19. The House of Representatives 'shall have the sole 
 power of impeachment, and all impeachments shall be tried 
 by the Senate. When sitting for that purpose, the senators 
 shall be upon oath or affirmation ; and no person shall be con- 
 victed without the concurrence of two-thirds of the members 
 present. 
 
 Sec. 20. The Governor, Judges of the Supreme and District 
 Courts, and other State officers shall be liable to impeach- 
 ment for any misdemeanor or malfeasance in office ; but judg- 
 ment in such cases shall extend only to removal from office, 
 and disqualification to hold any office of honor, trust, or profit 
 under this State ; but the party convicted or acquitted shall 
 nevertheless be liable to indictment, trial, and punishment 
 according to law. All other civil officers shall be tried for 
 misdemeanors and malfeasance in office, in such manner as 
 the General Assembly may provide.
 
 16 JOWA, ITS STATE AND LOCAL GOVERNMENT 
 
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 Sec. 21. No senator or representative sball, during the 
 time for wliicli lie shall have been elected, be appointed to 
 any civil office of profit under this State which shall have 
 been created, or the emoluments of which shall have been in- 
 creased, during such term, except such offices as may be filled 
 by elections by the people. 
 
 Sec. 22. No person holding any lucrative office under the 
 United States, or this State, or any other power, shall be 
 eligible to hold a seat in the General Assembly ; but offices in 
 the militia to which there is attached no annual salary, or the 
 office of justice of the peace, or postmaster whose compensa- 
 tion does not exceed one hundred dollars per annum, or notary 
 public, shall not be deemed lucrative. 
 
 Sec. 23. No person who may hereafter be a collector or 
 holder of public moneys shall have a seat in either House of 
 the General Assembly, or be eligible to hold any office of 
 trust or profit in this State, until he shall have accounted for 
 and paid into the treasury all sums for which he may be 
 liable. 
 
 Sec. 24. No money shall be drawn from the treasury but in 
 consequence of apjiropriations made by law. 
 
 Sec. 25. Each member of the first General Assembly under 
 this Constitution shall receive three dollars per diem while in 
 session ; and the further sum of three dollars for every 
 twenty miles traveled, in going to and returning from the 
 place where such session is held, by the nearest traveled 
 route ; after which they shall receive such compensation as 
 shall be fixed by law ; but no General Assembly shall have 
 power to increase the compensation of its own members. And 
 when convened in extra session they shall receive the same 
 mileage and per diem compensation as fixed by law for the 
 regular session, and none other. 
 
 Sec. 26. No law of the General Assembly, passed at a 
 regular session, of a public nature, shall take effect until the
 
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 CONSTITUTION OF IOWA 17 
 
 fourtli (lay of July next after the passage thereof. Laws 
 I)asse(l at a special session shall take effect ninety days after 
 the adjournment of the General Assembly by which they were 
 passed. If the General Assembly shall deem any law of im- 
 mediate importance, they may provide that the same shall 
 take effect by publication in newspapers in the State. 
 
 Sec. 27. No divorce shall be granted by the General 
 Assembly. 
 
 Sec. 28. No lottery shall be authorized by this State ; nor 
 shall the sale of lottery tickets be allowed. 
 
 Sec. 29. Every act shall embrace but one subject, and mat- 
 ters properly connected therewith ; which subject shall be 
 expressed in the title. But if any subject shall be embraced 
 in an act which shall not be expressed in the title, such act 
 shall be void only as to so much thereof as shall not be ex- 
 pressed in the title. 
 
 Sec. 30. The General Assembly shall not pass local or 
 special laws in the following cases : 
 
 For the assessment and collection of taxes for State, county, 
 or road purposes ; 
 
 For laying out, opening, and working roads or highways ; 
 
 For changing the names of jjersons ; 
 
 For the incorporation of cities and towns ; 
 
 For vacating, roads, town plats, streets, alleys, or public 
 squares ; 
 
 For locating or changing county seats. 
 
 In all the cases above enumerated, and in all other cases 
 where a general law can be made applicable, all laws shall be 
 general, and of uniform operation throughout the State ; and 
 no law changing the boundary lines of any county shall have 
 effect until upon being submitted to the people of the counties 
 affected by the change, at a general election, it shall be ap- 
 proved by a majority of the votes in each county, cast for and 
 against it.
 
 18 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 68 Sec. 31. No extra compensation shall be made to any officer, 
 I public agent, or contractor after the ser%'ice shall have been 
 
 rendered, or the contract entered into ; nor shall any money 
 be paid on any claim the subject-matter of which shall not 
 have been provided for by pre-existing laws, and no public 
 money or property shall be appropriated for local or private 
 purposes, unless such appropriation, compensation, or claim 
 be allowed by two-thirds of the members elected to each 
 branch of the General Assembly. 
 
 69 Sec. 33. Members of the General Assembly shall, before 
 they enter upon the duties of their respective offices, take and 
 subscribe the following oath or affirmation : " I do solemnly 
 swear [or affirm, as the case may be] that I will support the 
 Constitution of the United States and the Constitution of the 
 State of Iowa, and that I will faithfully discharge the duties 
 of Senator [or liepresentative, as the case may be] according 
 to the best of my ability." And members of the General 
 Assembly are hereby empowered to administer to each other 
 the said oath or affirmation. 
 
 •^Q Sec. 33. The General Assembly shall, in the years One 
 thousand eight hundred and fifty-nine. One thousand eight 
 Tiundred and sixty-three. One thousand eight hundred and 
 sixty-five, One thousand eight hundred and sixty-seven. One 
 thousand eight hundred and sixty-nine, and One thousand 
 eight hundred and seventy-five, and every ten years there- 
 after, cause an enumeration to be made of all the [ichite] in" 
 habitants of the State. 
 
 [Amended hy striking out the icord " tchite" at the general 
 
 election in 1868.] 
 >y i Sec. 34. The number of senators shall, at the next session 
 following each period of making such enumeration, and the 
 next session following each United States census, be fixed by 
 law, and apportioned among the several counties, according to 
 the number of [ichitc] inhabitants in each.
 
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 75 
 
 CONSTITUTION OF IOWA 19 
 
 [^7«e«f?t'(Z 6?/ striking out the word "white" at the general 
 election in IS6S.] 
 
 Sec. 35. The Senate shall not consist of more than fifty 
 members, nor the House of Representatives of more than one 
 hundred ; and they shall be apportioned among the several 
 counties and representative districts of the State, according to 
 the number of [ichite^ inhabitants in each, upon ratios to be 
 fixed by law ; but no representative district shall contain 
 more than four organized counties, and each district shall be 
 entitled to at least one representative. Every county and dis- 
 trict which shall have a number of inhabitants equal to one- 
 half of the ratio fixed by law shall be entitled to one repre- 
 sentative ; and any one county containing in addition to the 
 ratio fixed by law one half of that number, or more, shall be 
 entitled to one additional representative. No floating district 
 shall hereafter be formed. 
 
 [Amended by striking out the icord "wJiite" at the general 
 election in ISGS.] 
 
 Sec. 36. At its first session under this Constitution, and at 
 every subsequent regular session, the General Assembly shall 
 fix the ratio of representation, and also form into representa- 
 tive districts those counties which will not be entitled singly 
 to a representative. 
 
 Sec. 37. When a congressional, senatorial, or representative 
 district shall be composed of two or more counties, it shall not 
 be entirely separated by any county belonging to another dis- 
 trict ; and no county shall be divided in forming a con- 
 gressional, senatorial, or representative district. 
 
 Sec. 38. In all elections by the General Assembly, the mem- 
 bers thereof shall vote viva voce, and the votes shall be en- 
 tered on the journal.
 
 20 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 76 
 
 77 
 
 78 
 
 79 
 
 80 
 
 81 
 
 Article IV. Executive Department 
 
 Section 1. The Supreme Executive power of the State 
 sliall be vested in a Chief Magistrate, who shall be styled the 
 Governor of the State of Iowa. 
 
 Sec. 2. The Governor shall be elected by the qualified 
 electors at the time and place of voting for members of the 
 General Assembly, and shall hold his office two years from 
 the time of his installation and until his successor is elected 
 and qualified. 
 
 Skc. 3. There shall be a Lieutenant Governor, who shall 
 hold his office two years, and be elected at the same time as 
 the Governor. In voting for Governor and Lieutenant Gov- 
 ernor, the electors shall designate for whom they vote as Gov- 
 ernor, and for whom as Lieutenant Governor. The returns of 
 every election for Governor and Lieutenant Governor shall 
 be sealed up and transmitted to the seat of government of the 
 State, directed to the Speaker of the House of Representa- 
 tives, who shall open and publish them in the presence of 
 both Houses of the General Assembly. 
 
 Sec. 4. The persons respectively having the highest num- 
 ber of votes for Governor and Lieutenant Governor shall be 
 declared duly elected; but in case two or more persons shall 
 have an equal and the highest number of votes for either 
 office, the General Assembly shall, by joint vote, forthwith 
 proceed to elect one of said persons Governor, or Lieutenant 
 Governor, as the case may be. 
 
 Si<X!. 5. Contested elections for Governor or Lieutenant 
 Governor shall be determined by the General Assembly in 
 such manner as may be jirescribed by law. 
 
 Sec. 6. No person shall be eligible to the office of Gov- 
 ernor or Lieutenant Governor who shall not have been a 
 citizen of the United States, and a resident of the State, two
 
 82 
 S3 
 
 84 
 85 
 
 86 
 
 8*7 
 
 88 
 
 89 
 
 CONSTITUTION OF IOWA 21 
 
 years next preceding tbe election, and attained tlio age of 
 tliirty years at the time of said ek-ction. 
 
 Sec. 7. Tlie Governor shall be commander in chief of the 
 militia, the army, and navy of this State. 
 
 Sec. 8. He shall transact all executive business with the 
 oflacers of government, civil and military, and may require in- 
 formation in writing from the officers of the executive depart- 
 ment upon any subject relating to the duties of their respec- 
 tive offices. 
 
 Sec. 9. He shall take care that the laws are faithfully 
 executed. 
 
 Sec. 10. When any office shall, from any cause, become 
 vacant, and no mode is provided by the Constitution and laws 
 for filling such vacancy, the Governor shall have power to 
 fill such vacancy, by granting a commission, which shall ex- 
 pire at the end of the next session of the General Assembly, 
 or at the next election by the people. 
 
 Sec. 11. He may, on extraordinary occasions, convene the 
 General Assembly, by proclamation, and shall state to both 
 Houses, when assembled, the purpose for which they shall 
 have been convened. 
 
 Sec. 12. He shall communicate, by message, to the General 
 Assembly, at every regular session, the condition of the State, 
 and recommend such matters as he shall deem expedient. 
 
 Sec. 13. In case of disagreement between the two Houses 
 with respect to the time of adjournment, the Governor shall 
 have power to adjourn the General Assembly to such time as 
 he may think proper ; but no such adjournment shall be be- 
 yond the time fixed for the regular meeting of the next Gen- 
 eral Assembly, 
 
 Sec. 14. No person shall, while holding anj' office under 
 the authority of the United States, or this State, execute the 
 office of Governor, or Lieutenant Governor, except as herein 
 after expressly provided.
 
 22 IOWA, ITS STATE A^^D LOCAL GOVERNMENT 
 
 90 
 
 91 
 
 93 
 
 93 
 
 Sec. 15. The official term of the Governor and Lieutenant 
 Governor shall commence on the second Monday of January 
 after their election, and continue for two years and until their 
 next successors are elected and qualified. The Lieutenant 
 Governor, while acting as Governor, shall receive the same pay 
 as provided for Governor ; and while presiding in the Senate, 
 shall receive as compensation therefor the same mileage and 
 double the per diem pay provided for a Senator, and none 
 other. 
 
 Sec. 16. The Governor shall have power to grant reprieves, 
 commutations, and pardons, after conviction, for all offenses 
 except treason and cases of impeachment, subject to such 
 regulations as may be provided by law. Upon conviction for 
 treason, he shall have power to suspend the execution of the 
 sentence until the case shall be reported to the General As- 
 sembly at its next meeting, when the General Assembly shall 
 either grant a pardon, commute the sentence, direct the exe- 
 cution of the sentence, or grant a further reprieve. He shall 
 have power to remit fines and forfeitures, under such regula- 
 tions as may be prescribed by law ; and shall report to the 
 General Assembly, at its next meeting, each case of reprieve, 
 commutation, or pardon granted, and the reason therefor ; and 
 also all persons in whose favor remission of fines and for- 
 feitures shall have been made, and the several amounts remitted. 
 
 Sec. 17. In case of the death, impeachment, resignation, 
 removal from office, or other disabilities of the Governor, the 
 powers and duties of the office for the residue of the term, or 
 until he shall be acquitted, or the disability removed, shall 
 devolve on the Lieutenant Governor. 
 
 Sec. 18. The Lieutenant Governor shall be President of 
 the Senate, bat shall only vote when the Senate is equally 
 divided ; and in case of his absence or impeachment, or 
 when he shall exercise the office of Governor, the Senate shall 
 choose a President pro tempore.
 
 CONSTITUTION OF IOWA 23 
 
 04: Sec. 19. If the Lieutenant Governor, while acting as Gov- 
 ernor, shall be impeached, displaced, resign, or die, or other- 
 wise become incapable of performing the duties of the office, 
 the President pro tempore of the Senate shall act as Governor 
 until the vacancy is filled or the disability removed ; and if 
 the President of the Senate, for any of the above causes, shall 
 be rendered incapable of performing the duties pertaining to 
 the office of Governor, the same shall devolve upon the 
 Speaker of the House of Representatives. 
 
 Q^ Sec. 20. There shall be a seal of this State, which shall be 
 kept by the Governor, and used by him officially, and shall be 
 called the Great Seal of the State of Iowa. 
 
 0(3 Sec. 21. All grants and commissions shall be in the name 
 and by the authority of the people of the State of Iowa, sealed 
 with the Great Seal of the State, signed by the Governor, and 
 countersigned by the Secretary of State. 
 
 Qiy Sec. 22. A Secretary of State, Auditor of State, and Treasurer 
 of State shall be elected by the qualified electors, who shall 
 continue in office two years, and until their successors are 
 elected and qualified ; and perform such duties as may be re- 
 quired by law. 
 
 98 
 
 99 
 100 
 
 Article V. Judicial Department 
 
 Section 1. The Judicial power shall be vested in a Supreme 
 Court, District Court, and such other courts, inferior to the 
 Supreme Court, as the General Assembly may, from time to 
 time, establish. 
 
 Sec. 2. The Supreme Court shall consist of three judges, 
 two of whom shall constitute a quorum to hold court. 
 
 Sec. 3. The judges of the Supreme Court shall be elected 
 by the qualified electors of the State, and shall hold their 
 court at such time and place as the (ieneral Assembly may 
 prescribe. The judges of the Supreme Court so elected shall 
 be classified so that one judge shall go out of office every two
 
 24 IOWA, ITS STATU] AND LOCAL GOVERNMENT 
 
 years ; and tlie judge holding the shortest terra of office under 
 such classification shall be Chief Justice of the court, during 
 his term, and so on in rotation. After the expiration of their 
 terms of office, under such classification, the term of each 
 Judge of the Supreme Court shall be six years, and until his 
 successor shall have been elected and qualified. The judges 
 of the Supreme Court shall be ineligible to any other office in 
 the State during the term for which they shall have been 
 elected. 
 
 J^Q J^ Sec. 4. The Supreme Court shall have appellate jurisdiction 
 only in cases in chancery, and shall constitute a court for the 
 correction of errors at law, under such restrictions as the Gen- 
 eral Assembly may, by law, prescribe ; and shall have power 
 to issue all writs and process necessary to secure justice to 
 parties, and exercise a supervisory control over all inferior 
 Judicial tribunals throughout the State. 
 
 lOS Sec. 5. The District Court shall consist of a single judge, 
 who shall be elected by the qualified electors of the district in 
 which he resides. The judge of the District Court shall hold 
 his office for the term of four years and until his successor 
 shall have been elected and qualified ; and shall be ineligible 
 to any other office, except that of judge of the Supreme Court, 
 during the term for which he was elected. 
 
 1 03 Sec. 6. The District Court shall be a court of law and equity, 
 which shall be distinct and separate jurisdictions, and have 
 jurisdiction in civil and criminal matters arising in their re- 
 spective districts, in such manner as shall be prescribed by 
 law. 
 
 104: Sec. 7. The judges of the Supreme and District Courts shall 
 be conservators of the peace throughout the State. 
 
 105 Shc. 8. The style of all process shall be "The State of 
 ' Iowa," and all })rosecutions shall be conducted in the name 
 I and by the authority of the same. 
 
 1-06 ^'^*-'- ^- '^^® salary of each judge of the Supreme Court shall
 
 CONSTITUTION OF IOWA 
 
 25 
 
 107 
 
 108 
 
 109 
 
 be two tlioiisaiui dollars per anmiiu ; and that of each district 
 jud<,^e, one thousand six hundred dolLars per annum, until the 
 year eighteen hundred and sixty ; after which time they shall 
 severally receive such compensation as the General Assembly 
 may, by law, prescribe ; which compensation shall not be in- 
 creased or diminished during the term for which they shall 
 have been elected. 
 
 Sec. 10. The State shall be divided into eleven Judicial Dis- 
 tricts ; and after the year eighteen hundred and sixty, the 
 General Assembly may reorganize the judicial districts and 
 increase or diminish the number of districts, or the number 
 of judges of the said court, and may increase the number of 
 judges of the Supreme (.'ourt ; but such increase or diminu- 
 tion shall not be more than one district, or one judge of either 
 court, at any one session ; and no reorganization of the dis- 
 tricts, or diminution of the nftmber of judges, shall have 
 the effect of removing a judge from office. Such reorganiza- 
 tion of the districts, or any change in the boundaries thereof, 
 or increase or diminution of the number of judges, shall take 
 place every four years thereafter, if necessary, and at no other 
 time. 
 
 [Amendment.] At any regular session of the General As- 
 sembly, the State may be divided into the necessary judicial 
 districts for District ("ourt purposes, or the said districts may 
 be reorganized and the number of the districts and the judges 
 of said courts increased or diminished ; but no reorganization 
 of the districts or diminution of the judges shall have the 
 effect of removing a judge from ofRce. 
 
 [The foregoing amendment was adopted at the general elec- 
 tion in 1884] 
 
 Sec. 11. The judges of the Supreme and District Courts 
 shall be chosen at the general election ; and the term of office 
 of each judge shall commence on the first day of January next, 
 after his election.
 
 26 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 110 
 
 111 
 
 113 
 
 113 
 
 114 
 
 115 
 
 Sec. 12, The General Assembly sliall provide, by law, for 
 tlie election of an Attorney General by the people, whose term 
 of office shall be two years and until his successor shall have 
 been elected and qualified. 
 
 l^Sec. 13. The qualified electors of each Judicial District shall, 
 at the time of the election of District Judge, elect a District At- 
 torney, who shall he a resident of the district for which he is 
 elected, and irho shall hold his office for the term of four years 
 and until his successor shall have hecn elected and qualified.'\ 
 
 [The foregoing section was stricken out and the following sub- 
 stituted therefor at the general election in ISS^.'l 
 
 [Sec. 13.] The qualified electors of each county shall, at 
 the general election in the year 1886, and every two years 
 thereafter, elect a county attorney, who shall be a resident of 
 the county for which he is elected, and shall hold his oflice for 
 two years and until his successor shall have been elected and 
 qualified. 
 
 [The foregoing section was adopted as a substitute for the 
 original section at the general election in 1884.] 
 
 Sec. 14. It shall be the duty of the General Assembly to 
 provide for the carrying into effect of this article, and to pro- 
 vide for a general system of practice in all the courts of this 
 State. 
 
 [Amendment.] The grand jury may consist of any number 
 of members, not less than five nor more than fifteen, as the 
 General Assembly may by law provide, or the General Assem- 
 bly may provide for holding persons to answer for any criminal 
 offense without the interference of a grand jury. 
 
 [The foregoing amendment was adopted at the general elec- 
 tion in 1884.] 
 
 Article VI. Militia 
 
 Section 1. The militia of this State shall be composed of all 
 able-bodied {white] male citizens between the ages of eighteen
 
 CONSTITUTION OF IOWA 
 
 27 
 
 116 
 
 117 
 
 118 
 
 119 
 
 120 
 
 and forty-five years, except sucli as are, or may hereafter be, 
 exempt by the laws of the Tnited States or of this State, and 
 shall be armed, equipped, and trained as the General Assem- 
 bly may provide by law. 
 
 {Amended by strikinr; out the woi-d " tchite" at the general 
 election in 1S6S.] 
 
 Sec. 2. No person or persons conscientiously scrupulous of 
 bearing arms shall be compelled to do military duty in time of 
 peace ; provided, that such person or persons shall pay an 
 equivalent for such exemption in the same manner as other 
 citizens. 
 
 Sec. 3. All commissioned officers of the militia (staff officers 
 excepted) shall be elected by the persons liable to perform 
 military duty, and shall be commissioned by the Governor. 
 
 Article VII. State Debts 
 
 Section 1. The credit of the State shall not, in any manner, 
 be given or loaned to, or in aid of, any individual, association, 
 or corporation ; and the State shall never assume, or become 
 responsible for, the debts or liabilities of any individual, asso- 
 ciation, or corporation, unless incurred in time of war for the 
 benefit of the State. 
 
 Sec. 2. The State may contract debts to supply casual defi- 
 cits or failures in revenues, or to meet expenses not otherwise 
 provided for ; but the aggregate amount of such debts, direct 
 and contingent, whether contracted by virtue of one or more 
 acts of the General Assembly, or at different periods of time, 
 shall never exceed the sum of two hundred and fifty thousand 
 dollars ; and the money arising from the creation of such 
 debts shall be applied to the purpose for which it was obtained, 
 or to repay the debts so contracted, and to no other purpose 
 whatever. 
 
 Sec. 3. All losses to the permanent, School, or University 
 fund of this State which shall have been occasioned bv the
 
 28 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 121 
 
 132 
 
 123 
 
 defalcation, mismanagement, or fraud of the agents or ofBcers 
 controlling and managing the same, shall be audited by the 
 proper authorities of the State. The amount so audited shall 
 be a permanent funded debt against the State, in favor of the 
 respective fund sustaining the loss, upon which not less than 
 six per cent, annual interest shall be paid. The amount of 
 liability so created shall not be counted as a part of the in- 
 debtedness authorized by the second section of this article. 
 
 Sec. 4. In addition to the above limited power to contract 
 debts, the State may contract debts to repel invasion, suppress 
 insurrection, or defend the State in war ; but the money aris- 
 ing from the debts so contracted shall be applied to the pur- 
 pose for which it was raised, or to repay such debts, and to no 
 other purpose whatever. 
 
 Sec. 5. Except the debts hereinbefore specified in this 
 article, no debt shall be hereafter contracted by or on behalf 
 of this State, unless such debt shall be authorized by some law 
 for some single work or object, to be distinctly specified therein ; 
 and such law shall impose and provide for the collection of a 
 direct annual tax, sufficient to pay the interest on such debt, 
 as it falls due, and also to pay and discharge the principal of 
 such debt, within twenty years from the time of contracting 
 thereof ; but no such law shall take effect until at a general 
 •election it shall have been submitted to the people, and have 
 received a majority of all the votes cast for and against it at 
 such election ; and all money raised by authority of such law 
 shall be applied only to the specific object therein stated, or to 
 the payment of the debt created thereby ; and such law shall 
 be published in at least one newspaper in each county, if one 
 is published therein, throughout the State, for three months 
 preceding the election at which it is submitted to the people. 
 
 Sec. 6. The Legislature may, at any time after the approval 
 of such law by the people, if no debt shall have been contracted 
 in pursuance thereof, repeal the same ; and may, at any time,
 
 CONSTITUTION OF IOWA 
 
 29 
 
 134 
 
 125 
 
 136 
 137 
 
 138 
 139 
 
 130 
 
 forl)id tlie contracting of any furtlior <l(il)t, or liability, untler 
 such law; but the tax imposed by such law, in proportion to 
 the debt or liability, which may have been contracted in pur- 
 suance thereof, shall remain in force and be irr(!j)ealable, and 
 be annually collected, until the principal and interest are fully 
 paid. 
 
 Sec. 7. Every law which imposes, continues, or revives a 
 tax shall distinctly state the tax, and the object to which it is 
 to be applied ; and it shall not be sufficient to refer to any 
 other law to fix such tax or object. 
 
 Article VIII. Corporations 
 
 Section 1. No corporation shall be created by special laws ; 
 but the General Assembly shall jjrovide, by general laws, for 
 the organization of all corporations hereafter to be created, ex- 
 cept as hereinafter provided. 
 
 Sec. 2. The psoperty of all corporations for pecuniary profit 
 shall be subject to taxation, the same as that of individuals. 
 
 Sec. 3. The State shall not become a stockholder in any cor- 
 poration; nor shall it assume or pay the debt or liability of any 
 corporation unless incurred in time of war for the benefit of 
 the State. 
 
 Sec. 4. No political or municipal corporation shall become 
 a stockholder in any banking corj^oration, directly or in- 
 directly. 
 
 Sec. 5. No act of the General Assembly, authorizing or 
 creating corporations or associations with banking powers, nor 
 amendments thereto, shall take effect, or in any manner be in 
 force, until the same shall have been submitted, separateh', to 
 the people, at a general or special election, as provided by law, 
 to be held not less than three months after the passage of the 
 act, and shall have been approved by a majority of all the 
 electors voting for and against it at such election. 
 
 Sec. 6. Subject to the provisions of the foregoing section.
 
 30 IOWA, ITS STATE AKB LOCAL GOVERNMENT 
 
 131 
 
 133 
 
 133 
 
 134 
 135 
 136 
 
 tLe General Assembly may also provide for the establisliment 
 of a State Bank witli branclies. 
 
 Sec. 7. If a State Bank be establislied, it shall be founded 
 on an actual specie basis, and the branches shall be mutually 
 responsible for each other's liabilities iipon all notes, bills, and 
 other issues intended for circulation as money. 
 
 Sec. 8. If a general Banking law shall be enacted, it shall 
 provide for the registry and countersigning, by an officer of 
 State, of all bills, or paper credit designed to circulate as 
 money, and require security to the full amount thereof, to be 
 deposited with the State Treasurer, in United States stocks, or 
 in interest paying stocks of States in good credit and standing, 
 to be rated at ten per cent, below their average value in the 
 city of New York, for the thirty days next preceding their 
 deposit ; and in case of a depreciation of any portion of said 
 stocks, to the amount of ten per cent, on the dollar, the bank 
 or banks owning such stocks shall be required to make up said 
 deficiency l^y depositing additional stocks ; and said law shall 
 also provide for the recording of the names of all stockholders 
 in such corporations, the amount of stock held by each, the 
 time of any transfer, and to whom. 
 
 Sec. 9. Every stockholder in a banking corporation or insti- 
 tution shall be individually responsible and liable to its credi- 
 tors, over and above the amount of stock by him or her held, 
 to an amount equal to his or her respective shares so held, for 
 all of its liabilities accruing while he or she remains such 
 stockholder. 
 
 Sec. 10. In case of the insolvency of any banking institution, 
 the bill-holders shall have a preference over its other creditors. 
 
 Sec. 11. The suspension of specie jjayments by banking in- 
 stitutions shall never be permitted or sanctioned. 
 
 Sec. 12. Suljject to the provisions of this article, the General 
 Assembly shall have power to amend or rejieal all laws for the 
 organization or creation of corporations, or granting of special
 
 137 
 
 138 
 
 139 
 
 140 
 
 141 
 
 CONSTITUTION OF IOWA 31 
 
 or exclusive privileges or iininunitins, by a vote of two thirds 
 of each branch of the General Assembly ; and no exclusive 
 privileges, except as in this article provided, shall ever be 
 granted. 
 
 Article IX, Education and School Lands 
 
 1st. Education 
 
 [Sections 1 to 15 of this Article created a Board of Education 
 having poioer to legislate and make rides in relation to the 
 schools of tlie State, hut gave the OeneraZ Assembly power to 
 abolish such Board after the year 1S63. Undir this power the 
 Board of Bducation was abolished by legislative enactment in 
 the year ISGJ/., and the sections referred to are here omitted as 
 no longer of practical importance. 
 
 2d. ^School Funds and School Lands 
 
 Section 1. The educational and school funds and lands 
 shall be under the control and management of the General As- 
 sembly of this State. 
 
 Sec. 3. The University lands, and the proceeds thereof, and 
 all moneys belonging to said fund shall be a permanent fund 
 for the sole use of the State University, The interest arising 
 from the same shall be annually appropriated for the support 
 and benefit of said University. 
 
 Sec. 3. The General Assembly shall encourage, by all suit- 
 able means, the promotion of intellectual, scientific, moral, and 
 agricultural improvement. Tlie proceeds of all lands that 
 have been, or hereafter may be, granted by the United States 
 to this State, for the support of schools, which may have been 
 or shall hereafter be sold or disposed of, and the five hun- 
 dred thousand acres of land granted to the new States, under 
 an act of Congress distributing the proceeds of the public 
 lands among the several States of the Union, approved in the
 
 32 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 year of our Lord one tliousand eiglit liundred and forty-one, 
 and all estates of deceased persons wlio may Lave died with- 
 out leaving a will or lieir, and also sucli per cent, as lias been 
 or may hereafter be granted by Congress, on the sale of lands 
 in this State, shall be and remain a perpetual fund, the in- 
 terest of which, together with all rents of the unsold lands, 
 and such other means as the General Assembly may provide, 
 shall be inviolably appropriated to the support of common 
 schools throughout the State. 
 
 14:3 Sec. 4. The money which may have been or shall be paid 
 by persons as an equivalent for exemption from military duty, 
 and the clear proceeds of all fines collected in the several 
 counties for any breach of the penal laws, shall be exclusively 
 applied, in the several counties in which such money is paid, 
 or fine collected, among the several school districts of said 
 counties, in proportion to the number of youths subject to 
 enumeration in such districts, to the support of common 
 schools, or the establishment of libraries, as the Board of 
 Education shall from time to time provide. 
 
 14:3 ^^C- 5. The General Assembly shall take measures for the 
 protection, improvement, or other disposition of such lands as 
 have been or may hereafter be reserved or granted by the 
 United States, or any person or persons, to this State, for the 
 use of the University and the funds accruing from the rents 
 or sale of such lands, or from any other source for the pur- 
 pose aforesaid, shall be and remain a permanent fund, the 
 interest of which shall be applied to the support of said Uni- 
 versity, for the promotion of literature, the arts and sciences, 
 as may be authorized by the terms of such grant. And it 
 shall be the duty of the General Assembly as soon as may be 
 to provide effectual means for the improvement and perma- 
 nent security of the funds of said University. 
 
 1 4-4. Sec. G. The financial agents of the school funds shall be 
 the same that, by law, receive and control the State and
 
 145 
 
 146 
 
 147 
 
 148 
 
 CONSTITUTION OF IOWA 33 
 
 county revenue for other civil purposes, under such regula- 
 tions as may be provided by law. 
 
 Sec. 7. The money subject to the support and maintenance 
 of common schools shall be distributed to the districts in pro- 
 portion to the number of youths between the ages of five and 
 twenty-oue years, in such manner as may be provided by the 
 General Assembly. 
 
 Article X. Amendments to the Constitution 
 
 Section 1. Any amendment or amendments to this Constitu- 
 tion may be proposed in either House of the General Assem- 
 bly ; and if the same shall be agreed to by a majority of the 
 members elected to each of the two Houses, such proposed 
 amendment shall be entered on their journals, with the yeas 
 and nays taken thereon, and referred to the Legislature to be 
 chosen at the next general election, and shall be published, as 
 provided by law, for three months previous to the time of 
 making such choice ; and if, in the General Assembly so next 
 chosen as aforesaid, such proposed amendment or amendments 
 shall be agreed to by a majority of all the members elected 
 to each House, then it shall be the duty of the General As- 
 sembly to submit such proposed amendment or amendments 
 to the people, in such manner and at such time as the Gen- 
 eral Assembly shall provide; and if the people shall approve 
 and ratify such amendment or amendments, by a majority of 
 the electors qualified to vote for members of the General 
 Assembly voting thereon, such amendment or amendments 
 shall become a part of the Constitution of this State. 
 
 Sec. 2. If two or more amendments shall be submitted at 
 the same time, they shall be submitted in such manner that 
 the electors shall vote for or against each of such amendments 
 separately. 
 
 Sec. 3. At the general election to be held in the year one 
 thousand eight hiindred and seventy, and in each tenth year
 
 34 IOWA, ITS STATE AND lOCAL GOVERNMENT 
 
 thereafter, and also at such times as the General Assembly 
 may, by law, provide, the question, "Shall there be a Con- 
 vention to revise the Constitution, and amend the same?" 
 shall be decided by the electors qualified to vote for members 
 of the General Assembly ; and in case a majority of the 
 electors so qualified, voting at such election for and against 
 such proposition, shall decide in favor of a convention for such 
 purpose, the General Assembly, at its next session, shall pro- 
 vide by law for the election of delegates to such Convention. 
 
 149 
 
 150 
 
 151 
 
 153 
 153 
 
 Article XL Miscellaneous 
 
 Section 1. The jurisdiction of Justices of the Peace shall 
 extend to all civil cases (except cases in chancery and cases 
 where the question of title to real estate may arise) where the 
 amount in controversy does not exceed one hundred dollars, 
 and by the consent of parties may be extended to any amount 
 not exceeding three hundred dollars. 
 
 Sec. 2. No new county shall be hereafter created containing 
 less than four hundred and thirty-two square miles ; nor shall 
 the territory of any organized county be reduced below that 
 area ; except the County of Worth, and the counties west of 
 it, along the Northern boundary of this State, may be organized 
 without additional territory. 
 
 Sec. 3. No county, or other political or municipal corpora- 
 tion, shall be allowed to become indebted in any manner or 
 for any purpose to an amount, in the aggregate, exceeding 
 five per centum on the value of the taxable property within 
 such county or corporation — to be ascertained by the last State 
 and county tax lists, previous to the incurring of such in- 
 debtedness. 
 
 Sec. 4. The boundaries of the State may be enlarged, with 
 the consent of Congress and the General Assembly. 
 
 Sec. 5. Every person elected or appointed to any office shall, 
 before entering upon the duties thereof, take an oath or affir-
 
 154 
 
 155 
 
 156 
 
 157 
 
 158 
 
 159 
 
 CONSTITUTION OF IOWA 35 
 
 mation to support the Constitution of the United States, and 
 of this State, and also an oath of office. 
 
 Sec. 6. In all cases of elections to fill vacancies in office, 
 occurring before the expiration of a full term, the person so 
 elected shall hold for the residue of the unexpired term ; and 
 all persons appointed to fill vacancies in office shall hold until 
 the next general election and until their successors are elected 
 and qualified. 
 
 Sec. 7. The General Assembly shall not locate any of the 
 public lands whicb have been or may be granted by Congress 
 to this State, and the location of which may be given to the 
 General Assembly, upon lands actually settled, without the 
 consent of the occupant. The extent of the claim of such 
 occupant, so exempted, shall not exceed three hundred and 
 twenty acres. 
 
 Sec. 8. The seat of government is hereby permanently estab- 
 lished, as now fixed by law, at the city of Des Moines, in the 
 County of Polk ; and the State University at Iowa City, in the 
 County of Johnson. 
 
 Article XII. Schedule 
 
 Section 1. This Constitution shall be the supreme law of 
 the State, and any law inconsistent therewith shall be void. 
 The General Assembly shall pass all laws necessary to carry 
 this Constitution into effect. 
 
 Sec. 2. All laws now in force and not inconsistent with this 
 Constitution shall remain in force until they shall expire or 
 be repealed. 
 
 {^The remaining sections prescribing when and how the Consti- 
 tution shall go into effect, the time of holding the first election 
 thereunder, and other similar provisions, having served their 
 temporary purpose, are here omiiied.]
 
 36 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 CHAPTER II 
 
 IOWA IN HI STORY 
 
 1. Discovery. (1673) — Prior to tli-e year 1673, 
 that portion of the United States embracing the present 
 State of Iowa was wholly unknown to the civilized 
 world. At that date the hardy French explorers, Joliet 
 and Marquette, witli five followers, made their way in 
 birch canoes from Green Bay up the Fox River, and 
 tlience down the Wisconsin River to its junction with 
 the Mississippi. Turning their frail craft southward, 
 these brave men followed the course of the great un- 
 known stream as far as the mouth of the Arkansas, and 
 thus revealed to civilized man the beauty and promise of 
 the northwest. 
 
 2. Claimed by France — By virtue of these discov- 
 eries, all the western half of the great Mississippi Yalley 
 was claimed by France as a part of her domain ; but, 
 so far as history discloses, Iowa thereafter remained 
 unvisited by white men for more than a century. 
 
 3. Ceded to Spain. (1763) — In the year 1763. 
 France, being engaged in war with England, and find- 
 ing it difiicult to defend her foreign provinces, ceded all 
 her possessions in the Mississippi Valley to Spain. 
 
 4. Retransferred to France. (1800) — This ar- 
 rangement proved to be temporary only, and in the 
 year 1800 Spain restored the province to its original 
 owner, France. 
 
 5. Ceded to the United States. (1803) — France, 
 being involved in the desperate struggles which accom-
 
 IOWA IN HISTORY 37 
 
 panied the rise of Napoleon, foniul it expedient to part 
 witli the possession of the territory thus regained, and 
 in 1803 sold it to the United States for a comparatively 
 insignificant sum of money. 
 
 6. Attached to Iiuliaiu). (1804) — In the following- 
 year the so-called Louisiana Purchase was divided in"^ ~ ^ 
 two parts, the northern portion (including what is now 
 Iowa) being called the District of Louisiana, and, for 
 
 the temporary purposes of govei-nment, placed under 
 the iui'isdiction of the Territory of Indiana, y 
 
 7. Made Part of Mit«w«*i- Territory. (1805) — / ^<« 
 One year later the District of Louisiana was given a ^^' 
 territorial government of its own, and in the year 1812 '^^^r * 
 its name was changed to Territory of ]\Iissouri. 
 
 8. Attached to Michigan. (183-4) — In the year '<^ 
 1834, all that part of the United States north of the 
 
 State of. Missouri and west of the Mississippi was at- 
 tached to the Territory of Michigan, under which juris- • ^ 
 diction it remained but two years. ^. SJila-^^U- 
 
 9. Made Part of Wisconsin. (183G; — In 1836, 
 after the admission of Michigan into the Union as a 
 State, all that region now included in the States of Wis- 
 consin, Iowa, Minnesota, and part of the Dakotas, was 
 organized into a new Territory under the name of Wis- 
 consin. 
 
 10. Made an Independent Territory. (1838) — 
 Two years later, July 3, 1838, all that j)art of the then 
 Territory of Wisconsin lying west of the Mississippi 
 River was erected into an independent Territory under 
 the name of Iowa. 
 
 11. Admitted to the Union. (1846) — Having rap- 
 idly increased in population, the Territory applied for 
 admission to the Union ; and, after considerable contro- 
 
 321117 
 
 CtjU. 
 
 I 
 
 /
 
 38 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 versj as to tlie boundaries of the proposed State, its 
 admission was perfected December 28, 1846. The 
 boundaries of the State, as finally settled, will be found 
 described in the preamble of the Constitution (2), 
 
 CHAPTER III 
 
 DEVELOPMENT OF THE CONSTITUTION 
 
 1. State Constitutions not Uniform — While all 
 States conform to the general requirements of a repub- 
 lican form of government, they differ widely in the 
 management and administration of public affairs. For 
 example, every State has its governor and other execu- 
 tive officers, but in no two States do these officers exer- 
 cise exactly the same powers or perform exactly the 
 same duties; all States have legislatures, but each State, 
 by its constitution, has placed its own j)ecnliar limita- 
 tions and restrictions upon the legislative power ; and, 
 while all have judicial systems, in no two States are the 
 courts arranged npon the same plan or given precisely 
 the same jurisdiction. 
 
 2, Varieties of Local Government — So, also, there 
 is great lack of uniformity in the method by which the 
 various States provide for local, or neighborhood gov- 
 ernment. In the New England States, local government 
 is exercised almost exclusively by the voters of the 
 several towns or townships assembled in annual mass- or 
 town-meetings; while in the Southern States township 
 government is nnknown. Again, in some States county 
 government is vested in a board of supervisors having 
 many members, organized and acting with much of the
 
 DEVELOPMENT OF THE CONSTITUTION 30 
 
 formality of liiglier Ici^nslativc bodies, while in others it 
 is entrusted to a board of three commissioners, and in 
 still others to a sinji;l.e county judge. Tliese arc but a 
 few of the many features of variance between the state 
 governments, but they are sufficient to illustrate the 
 point made in the following ])aragraphs. 
 
 3. Early Settlement — No permanent white settle- 
 ment having been effected in Iowa until about the year 
 1833, the nations and the territorial governments exer- 
 cising nominal sway over it prior to that time' have left 
 none of their peculiarities impressed upon its constitu- 
 tion or laws. After 1833, settlement was rapidly aug- 
 mented by immigration from nearly every State in the 
 Union ; but among these pioneers, the natives of New 
 England, the Middle States, and Kentucky largely pre- 
 dominated. 
 
 4. Their Influence — These founders and builders of 
 the commonwealth, coming, as we have seen, from 
 widely separated States diifering in constitutions, laws, 
 and customs, were naturally inclined to model the new 
 State and its institutions upon those under which they 
 had been reared, with the result that the Iowa system is 
 in many respects a conglomerate of features and princi- 
 ples borrowed from many sources, with such modifica- 
 tions and additions as the peculiarities of the situation 
 seemed to render expedient. 
 
 5. Value of the Work Accomplished — This fact 
 does not detract anything frc m the credit due to those 
 who performed this important work. A constitution, 
 law, or system made by judicious selection from others 
 which have been put to the test of actual experiment 
 may easily be an improvement upon all its models; and 
 now, after fifty years of statehood, Iowa stands second
 
 40 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 to none in tlie efficiency and success of her government, 
 or in the contentment and prosperity of her people. 
 
 CHAPTER IV 
 
 RELATION OF THE STATE AND NATION 
 
 1. The General Government — It is assumed that 
 tlie student entering upon tlie study of these cliapters 
 lias already made himself famihar with the principles of 
 the government of the United States, as taught in 
 Young's "Government Class-l)Ook." If so, he has 
 learned that the Federal Constitution is a written charter 
 setting forth the authority conferred upon the general 
 government by the people. The nation has no rightful 
 power, and can exercise no rightful authority of any 
 kind, for which there is not express or imj)lied warrant 
 in the national Constitution. 
 
 2. The State Government — Tlie office of a State 
 constitution is different. It does not undertake so much 
 to provide what tlie State government may do, as to 
 enumerate the things which it may not _do, and the 
 rights of the people which it may not limit or destroy. 
 
 3. Difference in Legislative Power — In legisla- 
 tive, or law-making power the difference between 
 State and nation may be stated thus : the Coiigress__of 
 the United States can enact only such laws as are ex- 
 pressly or impliedly authorized l)y the national Constitu- 
 tion, while the State legislature can enact any law which 
 is not expressly or implied]y_forbidden by the national or 
 State constitution. In other words, the nation can exer- 
 cise only such powers as have been granted to it by the 
 people, while the State may exercise all powers not with-
 
 CONSTITUTION AWED BY STATUTES 41 
 
 held or forbidden by the people. A little reflection will 
 make ])lain this very wide distinction between national 
 and State jurisdiction. 
 
 4. National Suiireniacy — In considering the great 
 power exercised by the several States, the student should 
 avoid the mistake of undervaluing the authority of the 
 general government. AVithin the limit of its constitu- 
 tional powers, it is su[)reme over all the States. It is the 
 embodiment of national authority as distinguished from 
 the local self-government of the several States. Through 
 it alone we deal with foreign [towers ; by it we are known 
 to the world as one great nation, and, in so far as the 
 national integrity, safety, and credit are concerned, its 
 claim to the allegiance and obedience of every citizen 
 cannot be rightfully questioned. 
 
 5. State Supremacy — The national government does 
 not, however, undertake to protect the lives, persons, or 
 property of the citizens of the several States, except 
 against foreign invasion and domestic insurrection. This 
 duty and all others of a local character, the regulation 
 of all commerce within the State, the preservation of 
 pul)lic peace and order, and numberless other subjects of 
 legislation which most nearly touch the people in their 
 every-day lives, are left to tlie States exclusively. 
 
 CHAPTER V 
 
 CONSTITUTION AIDED BY STATUTES 
 
 1. Constitution an Outline — It will be noticed by 
 the careful reader that in most respects the Constitution 
 is a mere outline or statement of general rules and prin- 
 ciples, and makes little if any attempt to prescribe the
 
 42 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 details of government, or give miimte directions as to 
 the administration of public affairs. These things have 
 been wisely left to the legislature to regulate by appro- 
 priate laws, as changing circumstances may, from time to 
 time, render expedient. 
 
 2. Statutes Enacted — The legislature has, therefore, 
 enacted many laws to make effectual the various provi- 
 sions of the Constitution. In the succeeding chapters of 
 this volume will be set forth in bi'ief form, under appro- 
 priate heads, not only the constitutional outline above 
 mentioned, but legislative enactments as well, so far as 
 the same may be necessary to an intelligent understand- 
 ing of our State and local government. 
 
 3. Explanatory — The name applied by the Constitu- 
 tion to the legislative or law-making branch of the State 
 government is "The General Assembly of Iowa," but 
 in this volume we shall use the words " general assem- 
 bly " and "legislature" interchangeably, as expressing 
 the same idea. By the word " statute" is meant a law 
 enacted by the legislature, and liable to amendment or 
 repeal by the same power. It is understood, of course, 
 that a constitutional provision cannot be amended or 
 modified by act of the legislature. 
 
 CHAPTER Yl 
 
 PERSONAL EIGHTS 
 
 1. Article I of the Constitution — The first article 
 of the Constitution, commonly known as the Bill of 
 Kights, is a declaration of certain important rights and 
 immunities pertaining to the people individually and 
 collectively. These rights are thus specially mentioned
 
 PERSONAL RIOHTS 43 
 
 in the fundamental la^y of tlie State, to secure tlicin 
 against unfrieiully and oppressive legislation, and to i^ro- 
 tect the people against usurpation and tyranny by any 
 branch of the government. 
 
 2. Natural llig'hts — Section 1 of this article (3) re- 
 affirms the rights so forcibly asserted in the Declaration 
 of Independence, — the natnral freedom and equality of 
 all men ; the enjoyment and defense of liberty ; the 
 acquirement, possession, and protection of property; and 
 the unrestricted pnrsuit of safety and happiness. 
 
 3. Siiimnary of all Civil Rijflits — It may well be 
 said that this section of the Constitution summarizes all 
 the most sacred rights of the citizen, and that the declara- 
 tions contained in the remainder of Article I are simply 
 more specitic or particular statements of the principles 
 therein embodied. The right to life, liberty, property, 
 and the pursuit of happiness is so plain to the just mind 
 that no argument can inahe it clearer ; yet histoi-y shows 
 us that in all ages of the world men have been compelled 
 to struggle for its recognition, and to endure untold 
 hardships in its defense. 
 
 4. Nature of Government — The next section (4) 
 defines the true nature and source of all government, 
 declaring that all political power is inherent in the people, 
 that government is instituted for their protection, securi- 
 ty, and beneiit, and that they have the right to alter or 
 reform it w^henever, in their judgment, the public good 
 requires such action. 
 
 5. Political Power — The term "political power," 
 as used in the preceding paragraph, means all govern- 
 mental power, — legislative, executive, and judicial. This 
 power cannot be rightfully taken from the ]ieople, nor 
 can they, by a voluntary surrender of it, deprive them-
 
 44 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 selves of the right to alter or reform the government 
 whenever they believe just cause exists for such change. 
 They may by voluntary consent delegate the administra- 
 tion of these powers to a government, monarchical or 
 republican as the case may be ; but whenever the dele- 
 gated power is abused, or the general good requires a 
 change in such government, the people may resume it, 
 or may inaugurate and enforce any change which they 
 think for their own best intei-ests. 
 
 6. Monarchy and llepublic Contrasted — The rec- 
 ognition of this principle constitutes the essential dis- 
 tinction between a popular and a monarchical form of 
 government. In the latter, the king is the source of all 
 power ; he is the sovereign ; every officer, civil, military, 
 and naval, from the highest to the lowest, looks to that 
 sovereign as the ultimate and iinal authority which com- 
 mands his allegiance and obedience. In a republic, every 
 branch of the government, and every officer, is a servant 
 of the people. In nation and State alike, we test all 
 laws and all govermnental powers by the constitution ; 
 but the constitution is itself the creature of the peoj)le'8 
 will. 
 
 7. Kule of the Majority — When we say that the 
 powers of the government depend ujjon the consent of 
 the governed, it must be remembered that the consent 
 of the people, as a State or nation, is meant. That con- 
 sent must be determined by the voice of the majority. 
 Absolute unanimity can iiever be expected, 
 
 8. Religious Liberty — Religious liberty is guaranteed 
 to every citizen of the State (5 and O). The legislature 
 caimot rightfully enact any law for the establishment of 
 religion. No taxes can be levied or collected for church 
 or religions purposes. J^either can a person's religious
 
 PERSONAL RIGHTS 45 
 
 views be made a test of liis ri<i^lit to liold office, or liis 
 riglit to exercise or enjoy any of the riglits of citizenship, 
 
 9. Propriety of these Guarantees — It may seem 
 strange to the young student of the present day that it 
 should be thouglit necessary to incorporate these guar- 
 antees in the Constitution ; but it is not long since that 
 in England and in some parts of our own country a man 
 holding certain religious views was prohibited from hold- 
 ing office, was not ])ermitted to testify as a witness in 
 court, and in many other respects was treated as an 
 outlaw. 
 
 10. Penalty for Dueling — In the earlier years of 
 the present century the practice of dueling was quite 
 general. Some of the most prominent men in American 
 history, including Alexander Hamilton, Aaron Burr, 
 Andrew Jackson, Henry Clay, and Thomas H. Benton, 
 yielded to the custom of their times, and participated in 
 these murderous combats. "With the advance of Chris- 
 tian civilization, public sentiment lias come to dis- 
 countenance the barbarous practice, and it is now rarely 
 resorted to. To prevent such crimes in this State, the 
 Bill of Eights (7) provides that any citizen engaging in 
 a duel, either as principal or accessory, forfeits his right 
 to hold office. 
 
 11. Penalty not Exclusive — Disqualification for 
 office is not the only penalty to which the duelist subjects 
 himself. The killing of a person in such contest is mur- 
 der in the first degree, and punishable accordingly. 
 
 12. Laws to be Uniform (8) — All laws of a general 
 nature must have uniform operation, and the legis- 
 lature nnist not grant to any citizen or class of citizens 
 privileges or immunities which are not o])en to the en- 
 joyment of all other citizens on the same terms. This
 
 46 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 is intended to prevent unfair discrimination by the State 
 between individuals or classes, to prevent the establish- 
 ment of monopolies, and to preserve, as far as possible, 
 equality of right and equality of opportunity to all the 
 people. 
 
 13. Freeclom of Speech and Press — Within proper 
 limits, every person jiiay freely speak, write, and publish 
 his views on any subject (9), This does not give any 
 one license to publish immoral or obscene literature, nor 
 to falsely accuse another of crime, or hold him up to 
 public hatred and contempt. These things are an abuse 
 of the freedom which the Constitution seeks to preserve. 
 
 14. Greater Resti-ictiou in Other Countries — 
 Under other forms of government, freedom of speech, 
 and more especially freedom of the press, is restricted 
 within narrow limits. In many countries all books and 
 newspapers are subject to inspection by a public censor, 
 without whose permission no publication can be lawfully 
 made. 
 
 15. Security of Person and Home — No right is 
 more highly valued by the freeman than the right to 
 occupy his own home, secure from unnecessary, imperti- 
 nent, or oppressive interference by others. It is an old 
 English saying that "a man's house is his castle," and 
 the principle that not even the king or the State or its 
 officers may arbitrarily disturb his domestic privacy is 
 firmly established in every English-speaking country in 
 the world. . It is, therefore, provided (10) that before 
 the house of a citizen can be searched, or his person, 
 papers, or property seized, a warrant nnist be issued for 
 that purpose, upon sworn complaint, showing probable 
 cause for such action. 
 
 lO. Rig^hts of Persons Charged with Crime — The
 
 PERSONAL RIGHTS 47 
 
 power to suppress and punisli crime is a necessary at- 
 tribute of all government. It is equally necessary that 
 the exercise of this power be guarded against abuse, and 
 that no person be sul)jected to the ignominy of criminal 
 punishment, excoi)t upon fair and impartial trial. 
 
 17. Jury Trial — Every person charged with crime is 
 entitled to trial by a jury (11 and 12). However im- 
 perfect the jury system may be, the experience of cen- 
 turies has firmly established it in the affections and con- 
 fidence of the people, and it is extremely doubtful if 
 any other plan could be devised which would work more 
 satisfactorily or to better public advantage. 
 
 18. Word Defined — The word "jury," when not 
 otherwise qualified, means a body of twelve men duly 
 selected for the trial of a question of fact, in a court of 
 competent jurisdiction. A jury of six j^ersons is author- 
 ized for the trial of petty misdemeanors before justices 
 of the peace; but every person so convicted may ap- 
 peal to the district court, and thus obtain a new trial be- 
 fore a full jury of twelve. 
 
 19. Right cannot be Waived — The right to trial 
 by jury is so imperative that even where an accused 
 person has voluntarily waived it, and consented to be 
 tried^before the court, withoivt a jury, he is nojLbiiUnd 
 by it, and if so convicted he may have the judgment set 
 aside, and be granted a new trial in the usual form. 
 
 20. Trial to be Speedy and Public (12) — One 
 who is placed under arrest on cliarge of crime must not 
 be detained an unreasonable time witliout a hearing, but 
 must be given a speedy and public trial. He must also 
 be informed of the precise nature of the charge made 
 against him, nnist be allowed to see and hear the wit- 
 nesses who testify against him, nnist be given means to
 
 48 IOWA, ITS STATE AND LOCAL OOVERNMBNT 
 
 compel the attendance of witnesses in bis own belialf, 
 and be permitted to have the assistance of counsel. 
 
 21. Petty Misdemeanors (13) — Offenses against 
 tlie law for which the highest punislnnent does not ex- 
 ceed a fine of one hundred dollars, or thirty days' im- 
 prisonment in the county jail, are commonly called 
 " petty misdemeanors," and are tried before justices of 
 the peace. 
 
 22. How Tried — Such proceedings are begun by 
 presenting to the justice of the peace a sworn complaint 
 called an "information," stating the facts constituting 
 the alleged offense. Upon this information a warrant is 
 issued for the arrest of the accused, who is thus brought 
 before the magistrate, and the truth of the charge is 
 tried in the usual way. Cases of this class are never 
 tried in the district court except on appeal. 
 
 23. Indictable Offenses — ]S"o person can be brought 
 to trial for any offense of a higher degree than those 
 above named, except upon indictment by a grand jury. 
 A grand jury is a body of men duly summoned to attend 
 the district court in each county to inquire into indict- 
 able offenses against the laws of the State, and to deter- 
 mine whether any person charged with such offense 
 shall be put on trial. • An indictment is simply a formal 
 written accusation made to the court by a grand jury, 
 charging some particular person or persons with the 
 commission of a crime, and stating the facts constituting 
 it. The district court alone has jurisdiction to try this 
 class of cases, 
 
 24. CanuQt be Twice Tried (14) — If a person 
 charged with crime is once tried and acquitted, he can- 
 not be again put on ti-ial for the same offense. This rule 
 sometimes works an apparent injustice to the State, for it
 
 PERSONAL BIGHTS 49 
 
 may easily happen that, after the accused has been ac- 
 quitted, new evidence is discovered which would con- 
 clusively establish his guilt. It is thought better, how- 
 ever, that a guilty person occasionally thus escape just 
 punishment than that the innocent be exposed to oppres- 
 sion and i)ersccutio)i by being again and again forced to 
 stand trial upon the same cliarge, 
 
 25. Kij;lit to Bail (14) — Except wdien charged 
 with a capital offense, where the proof is evident or the 
 presumption is great, all persons have the right to l)ail 
 until they have been duly tried and convicted. A capital 
 offense is one which is punishable by death. The right 
 to bail is the right to go at large on giving proper se- 
 curity for appearance before the court whenever called 
 upon for trial. 
 
 26. Habeas Corpus — The nature of the writ of 
 habeas corpus has already been explained (Y. C. B., 
 page 88). It is justly considered the most efficient pro- 
 tection of the citizen against unlawful imprisonment, 
 and is not to be suspended or denied except when, by 
 reason of rebellion or invasion, the pubHc safety may re- 
 quire it (15). 
 
 27. Military Subordinate to Civil Power (10, 17) 
 — Sections 14 and 15 of the Bill insure the people of the 
 State against military oppression. Military authority is 
 of necessity arbitrary, and military officers, being accus- 
 tomed to command and having the power to enforce 
 obedience to their requisitions, are sometimes betrayed 
 into disregard of private right and contempt of the civil 
 law. It is, therefore, the policy of all republican gov- 
 ernments to jjrovide strong safeguards against abuses of 
 this nature. 
 
 28. Treason — Treason is the highest crime known to
 
 50 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 the law (18). It consists only in levying war against 
 the State, adhering to its enemies, or giving them aid and 
 comfort. 
 
 Under monarchical governments, almost every act or 
 word which could be construed as disrespectful to the 
 sovereign or as a denial of his right to rule has been held 
 to be treasonable and punislied with death. Such se- 
 verity is inconsistent v/ith our free institutions. 
 
 29. How Established (18) — No person can be con- 
 victed of treason except on the evidence of at least two 
 witnesses to the same overt act, or confession in open 
 court. 
 
 By "overt act " is meant some actual effort to wage 
 war against the State or to assist its enemies in time of 
 war — as distinguished from disloyal words or senti- 
 ments. 
 
 30. Excessive Bail, etc. — The Constitution also pro- 
 vides against oppression by the courts under forms of 
 law, and to that end forbids (19) the requirement of 
 excessive bail, the imposing of excessive fines, and the 
 infliction of cruel and unusual punishments. 
 
 31. Taking- Private Property for Public Use (20) 
 — Private property is not to be tak*en for public use 
 without compensation. It often becomes necessary to 
 obtain or appropriate the property of the private citizen 
 for the public benefit. For instance, ground may be 
 needed for the site of a schoolhouse, or for a public 
 highway, or other similar pubHc purpose ; and in such 
 cases the rights of the individual owner must yield to the 
 general good, — but not until proper compensation has 
 been made. 
 
 32. No Iinprisoiiineiit for Debt (21) — Tliere can 
 be no imj^risonment for debt in any civil action, on mesne
 
 PERSONAL RIGHTS 51 
 
 or final process, unless in case of fraud ; nor can any per- 
 son be imprisoned for non])ayment of a militia fine. 
 
 33. Words Defined — The word " action," as nsed in 
 this section of tlie Constitution, means a proceedin<r or 
 suit at law for the collection of a debt. "Mesne pro- 
 cess," as here used, is a writ or warrant issued in such 
 proceedinc; or suit for ihe arrest and detention of the 
 debtor until the case can be tried. " Final process" is 
 a writ or warrant issued after the case is tried, to 
 imprison the debtor until he pays or performs the judg- 
 ment rendered against him. 
 
 34. Right of Assembly and Petition (22) — The 
 people may at all times meet and counsel together for 
 the connnon good, and to petition the proper authorities 
 for the redress of their real or supposed grievances. 
 
 35. Bills of Attainder (23)— Following the example 
 set in the Constitution of the United States, Iowa, also, 
 forbids all bills of attainder and ex post facto laws. (See 
 Y. C. B., page 161.) 
 
 36. Rights of Foreigners (24:) — Persons of foreign 
 birth residing within the State enjoy the same property 
 rights as native-born citizens. This liberal policy has 
 attracted a large immigration from European countries 
 and contributed very much to the rapid development of 
 the State. A foreign-born citizen who becomes natural- 
 ized under our laws is not considered an alien in any 
 sense, and enjoys the same rights of citizenship as if 
 native-born. 
 
 37. Slavery Forbidden (25) — Slavery never had 
 legal existence in Iowa, but, at the time the State was 
 organized, the ini-titution was strongly entrenched in the 
 South. The conflict of opinion between the North and 
 South over the extension of slavery was very bitter, and
 
 52 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 the application of a new State for admission to tlie Union 
 was always tlie signal for heated discussion and contro- 
 versy. 
 
 38. Result of Compromise — In the year 1846, both 
 Iowa and Florida were seeking admission to the Union, 
 In the former antislavery sentiment prevailed, while the 
 interests and sympathies of the latter were with the 
 slave States. As either of these applications, standing 
 alone, would excite great opposition from those holding 
 contrary views upon the slavery question, a compromise 
 was eifected by which both States were admitted at the 
 same time and by the same bill or act of Congress — 
 one as a free and the other as a slave State. 
 
 39. A Monument of Honor — To the present gener- 
 ation, it seems an anomaly that a " free country " should 
 deem it necessary to put up a constitutional barrier 
 against slavery, but to those familiar with the prejudices 
 and passions then surrounding this subject in the public 
 mind, the constitutional prohibition of human bondage 
 stands as a monument to the wisdom, justice, and honor 
 of the men who laid the foundation of our State. 
 
 40. Leases of L-ands (26) — Leases of agricultural 
 lauds for terms of more than twenty years are invalid. 
 
 41. Reasons for such Restriction — Long leases 
 and other devices by which the ownership of lands is 
 perpetuated indefinitely in the same family or line of 
 descent tends to create a landed aristocracy and thus to 
 weaken and endanger repul)lican institutions. They also 
 serve to prevent the division and sale of lands and 
 thereby lessen the number of citizens who own and 
 control their own homes.
 
 RiailT OF SUFFRAGE 53 
 
 CHAPTER YII 
 
 EIGHT OF SUFFRAGE 
 
 1. Its Importance — The riglit to vote is the most 
 sacred and valuable i)rivilege which can be conferred 
 npon the citizen. It is therefore highly proper that the 
 Constitution should define such privilege in clear terms 
 and guard it so far as ])ossible from abuse and destruction. 
 
 2. Qualification lor SuflVago (30) — The right to 
 vote depends upou the following qualifications: 
 
 1st, Sex ; 2d, Citizenship; 8(1, Age; 4th, Residence. 
 These qualifications are separately considered in the 
 following sections. 
 
 3. St;x — During the earlier history of the republic the 
 right of suffrage was exercised by male citizens alone. 
 Of late years the extension of suffrage to women has 
 been earnestly advocated and the proposition has been 
 received in many States with increasing favor. Three of 
 the newer States, Wyoming, Colorado, and Utah, make 
 no distinction between the sexes in this respect, but extend 
 the voting privilege to men and women on equal terms. 
 
 4. Partial or Limited Suffrage — In some States 
 where equal suff'rage does not yet prevail, women have 
 been granted the right to vote for school officers and 
 upon certain other matters of a local character. A recent 
 act of the Iowa legislature permits wonicii to take part 
 in elections upon questions of. is suing bo nds, borrowing 
 money, or increa sing ta xation, ^v ^ • ^', , i-^rm-x/w ,y . ' 
 
 5. Citizenship — To be a legal voter a person must be 
 a citizen of the United States. All native-born and nat- 
 uralized subjects of the general government are citizens. 
 
 )
 
 54 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 The manner in which foreign- born persons may become 
 naturalized citizens of this country is explained in Yor.ng's 
 Class-book, page 1-iS. 
 
 G. Age — A citizen of immature age and undeveloped 
 mind and judgment is manifestly unprepared for the 
 responsibility of suffrage. By the common law of Eng- 
 land, generally followed in the United States, twenty-one 
 years is fixed as the age at which the child is considered 
 fitted for emancipation from parental control, and in 
 harmony with this ancient rule the Constitution pre- 
 scribes the same age as the period for admission to the 
 most important privilege of citizenship. 
 
 7. Residence — The voter must have resided in the 
 State one year and in the county where he offers his vote 
 sixty days. "Without some restriction of this kind great 
 frauds could be easily perpetrated. Idle and corrupt 
 men could go from place to place voting repeatedly on 
 the same day, or, by temporarily concentrating in one or 
 more precincts, manufacture fraudulent majorities for any 
 candidate. 
 
 8. Residence Defined — The residence of a voter is 
 his permanent home or place of abode. One who remains 
 in a place for the temporary purposes of business, pleas- 
 ure, or education, does not thereby become a resident or 
 legal voter, even though such temporary sojourn be pro- 
 longed into months or years. 
 
 9. Privilege of Electors (31) — On election days 
 electors are privileged from arrest, except for treason, 
 felony, or breach of the peace, during their attendance at 
 the polls, and while going to and returning therefrom 
 (32). They are also exempt from military duty on such 
 days, except in time of war or public danger. The word 
 ' ' elector' ' is synonymous with "voter " or " legal voter. ' '
 
 RIOUT OF SUFFRAGE 55 
 
 10. Reasons for Privilege — Tlicse provisions are 
 made to prevent the corrupt and oppressive misuse of 
 legal process and military power. But for the privilege 
 thus secured, voters might be arrested on trivial charges 
 or called away on unnecessary military service for tlie 
 mere purpose of keeping them from the polls. 
 
 11. Not Privileged — As above noted, the privilege 
 from arrest does not extend to persons cliarged with 
 treason or felony, or to those who may be engaged in a 
 breach of the })eace. Treason and felonies are crimes of 
 a grave and serious character, and it is to the interest of 
 society that persons charged therewith be apprehended 
 whenever and wherever found. A felony, under the 
 laws of this State, is any public offense punishable by 
 imprisonment in the penitentiary. 
 
 12. Persons in Military Service (33) — Members of 
 the army and, navy of the United States are not to be 
 considered residents by reason of service at any military 
 or naval station in the State. 
 
 13. Not Entitled to Vote (34) — Idiots, insane 
 persons, and persons convicted of any infamous crime 
 are not legal voters. The term "infamous crime" as 
 here used is synonymous with "felony" as defined in 
 the tenth paragraph of this cliapter. This disability or 
 penalty for crime can be removed by the order or pardon 
 of the Governor of the State. 
 
 14. Voting- by Ballot (35) — The manner of voting 
 is by ballot. Each State has its peculiar manner of bal- 
 loting ; but the essential features by which the voter is 
 guarded from intimidation and improper influence, and 
 the secrecy of the ballot ])reserved, are everywhere given 
 special attention. 
 
 15. Australian Ballot — In Iowa, as in many of the
 
 56 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 states, the so-called Australian method of balloting has 
 been adopted. By this method all the different party 
 tickets are printed in parallel columns upon one large 
 sheet. At the head of each ticket opposite the party 
 name is placed a circle, O , and opposite the name of each 
 individual candidate is placed a square, D . These ballots 
 are furnished by public authority and placed in the hands 
 of the judges of election at each polling-place. 
 
 16. Manner of Balloting- — The person desiring to 
 vote applies to the officer.? in charge of the polls and re- 
 ceives one of the sheets containing all the tickets as above 
 described, and retires alone to a small stall or booth to 
 prepare his ballot. If by reason of bodily infirmity or 
 inability to read he cannot properly mark the ballot, he 
 may have the assistance of one of the officers of the 
 election. 
 
 17. Marking the Ballot — In the seclusion of the 
 booth tlie voter proceeds to mark his ballot in favor of 
 the ticket or candidate of his choice. If he wishes to 
 vote what is ordinarily called a "straight" party ticket 
 he places a cross X in the circle which stands before the 
 party name at the head of such ticket, and with this 
 single mark his vote will be counted for all the candi- 
 dates named under such heading. 
 
 18. Voting a "Mixed" or "Split" Ticket — If the 
 voter desires to vote a "mixed" or "split" ticket — 
 that is, for the candidates of one party for certain offices 
 and for the candidates of another party for other offices — 
 he does not mark either of the circles, but places a cross, 
 X , in the square opposite the name of each individual 
 candidate for whom he wishes his vote to l)e counted. 
 Certain other methods of marking are allowable, but those 
 we have given sufficiently illustrate the plan.
 
 LEGISLATIVE DEPARTMENT 57 
 
 19. Depositing tlic Ballot — Before leavirii): the 
 booth tlie voter is required to fold liis ballot in such 
 manner as to wholly conceal the vote he lias prepared. 
 This being done, he delivers it to the proper officer, who 
 deposits it in the ballot-box. 
 
 20. General Election — The general election for 
 State, district, county, and township officers is lield each 
 year on the Tuesday next after the first Monday in 
 November. 
 
 CHAPTER VIII 
 
 DISTRIBUTION OF TOWERS 
 
 1. Three Dei)artnients (o(J) — The powers of the 
 government are divided into three separate departments: 
 the Legislative, the Executive, and the Judicial. In 
 this respect, the plan or structure of the State govern- 
 ment is identical wdth that of the National government. 
 
 2. Departments kept Separate — These departments 
 are to be kept separate and independent of each other, 
 and no officer of one department can lawfully exercise 
 any duty or power belonging to either of tlie others. 
 
 CHAPTER IX 
 
 LEGISLATIVE DEPARTMENT 
 
 1. General Assembly (37) — The legislative author- 
 ity of the State is vested in a Senate and House of 
 Representatives. Every law of the State begins with 
 the sentence " Be it enacted by the General Assem- 
 bly OF THE State of Iowa."
 
 58 70Tr.4, ITS STATE AND LOCAL GOVERNMENT 
 
 2. Legislative Sessions (38) — The regular sessions 
 of the General Assembly occur once in two years, begin- 
 ning on the second Monday in January next after the 
 election of its members. Special sessions may be called 
 at any time by proclamation of the Govei'nor of the 
 State. 
 
 3. Election of Representatives (39) — Members 
 of the House of Representatives are chosen every second 
 year by vote of the qualified electors of their respective 
 districts, and their term of office begins on the first day 
 of January following their election. Representatives 
 are chosen at the regular November election in each odd- 
 numbered year. 
 
 4. Qualification of Representatives (40) — A 
 member of the House of Representatives must be a male 
 citizen of the United States, twenty-one years of age, 
 and at the time of his election must have been a resident 
 of the State one year, and of the county or district he is 
 chosen to represent at least sixty days. 
 
 5. Senators (41) — Senators are chosen for the term 
 of four years. They must be at least twenty-five years 
 of age, and in other respects have the qualifications 
 required for membership of the House of Representa- 
 tives. 
 
 6. Senators Classified (42) — The number of Sena- 
 tors nmst not b-- less than one third nor more than one 
 half the number of Representatives, and so classified 
 that one half their number shall be elected every two 
 years. 
 
 7. Number of Members — The number of members 
 of the General Assembly is the maximum allowed by 
 the Constitution (72), fifty Senators, and one hundred 
 Representatives,
 
 LEGISLATIVE DEPARTMENT 59 
 
 8. Officers — The Lieutenant-governor of the State is 
 the President of the Senate (-43). All other officers are 
 chosen by their respective houses. The presiding officer 
 of the House of Representatives is elected from its own 
 membership, and is known as the Speaker. Each house 
 chooses a cliief clerk and assistants, a sergeant-at-arms, 
 doorkeepers, and such other officers as may be found 
 necessary for the proper despatch of business. 
 
 9. Contests (43) — Whenever any question is raised 
 as to the qualification or election of a member, the 
 house in which he claims a seat decides it, and from such 
 decision there is no appeal. 
 
 10. Quoriiin (4-4) — A majoiity of each house con- 
 stitutes a quorum to transact business, but a smaller 
 number may adjourn from day to day and compel the 
 attendance of absent members. 
 
 11. Rules (45) — Each house adojDts its own rules 
 of order and business, keeps a journal of its proceedings, 
 and has power by a two-thirds vote to expel a member, 
 but not a second time for the same offenses. Upon tlie 
 demand of any two members of either house tlie vote 
 upon any question shall be taken by yeas and nays, and 
 a record of the same entered on the journals. 
 
 12. Privilege (47) — Except for treason, felony, or 
 breach of the peace. Senators and liepresentatives are 
 exempt from arrest and imprisonment during the session 
 of the General Assembly and wldle going to and return- 
 ing therefrom. 
 
 13. Vacancies (48) — Whenever a vacancy occurs 
 in either house, the Governor of the State issues a writ 
 calling a special election to lill such vacancy. 
 
 14. Public Sessions (49) — The sessions of each 
 house are open to the public except when, in the opinion
 
 60 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 of such house, the pul)hc interests require secrecy. 
 Secret sessions of either liouse are very rare. The 
 general welfare is best served when the people are kept 
 fully informed of the manner in which public officers 
 are performing the trust reposed in them. 
 
 15. Bills (51) — A proposed law presented by any 
 member of either house, for the consideration of the 
 legislature is called a bill. Bills may be first presented 
 in either house, but are subject to be amended, altered, 
 or rejected by the other. 
 
 IG. How passed (53) — In order to pass a bill, it 
 must receive the vote or assent of a majority of all the 
 members elected to each house. 
 
 17. Approval (52) — When a bill has passed both 
 houses, it is rewritten in full, embodying all amendments 
 and changes, if any, which it has received during its con- 
 sideration and passage. This copy, known as the ' ' en- 
 rolled bill," is signed by the President of the Senate and 
 Speaker of the House, and sent to the Governor for his 
 approval. If the Governor has no objection to the. bill 
 he indorses his approval upon it, and the course of legis- 
 lation as to such act is complete. 
 
 18. Where kept — After being signed and approved, 
 the enrolled bill is filed with the Secretary of State and 
 safely preserved. If any dispute afterward arises as to 
 the exact language or reading of the law, an examination 
 of the enrolled bill is the final test. Any mistake made 
 in the enrollment and not corrected before it is signed 
 and approved, can be corrected only by the enactment 
 of another law repealing or amending the defective act. 
 
 19. Veto (52) — If the Governor does not approve a 
 bill, it is his duty to return the same to the house in 
 which it was first introduced, with a statement of his
 
 LEGISLATIVE DBPAUTMENT Gl 
 
 objections. Upon being so returned tlie bill is recon- 
 sidered, and if it is again passed by a vote of two thirds 
 of all the members of each house, it becomes a law not- 
 withstanding the Governor's veto. 
 
 20. When Bill is to be Returned (52) — When a bill 
 has been sent to the Governor and he does not return it 
 within three days with his a])proval or veto, it bec(jmes 
 a law in the same manner as if he had approved it in the 
 usual form. This rule does not ap})ly where the legis- 
 lature by adjournment prevents the return of the bill 
 within the required time. Very many of the bills which 
 become laws are not passed until near the close of the 
 session, and to give the Governor ample opportunity to 
 examine them he is allowed tliirty days in which to ap- 
 prove or disapprove all bills sent to him during the last 
 three days before linal adjournment. 
 
 21. Publication of Receipts, etc. (54) — As soon as 
 practicable after the close of a session of the General As- 
 seml)ly the laws enacted by it are published in book 
 form. AVith these laws an accurate statement of the 
 receipts and disbursements of public moneys is given. 
 
 22. Inipeaclunents (55) — The only way in which 
 the Governor, or any Judge of the Supreme or District 
 Court, or other State officer can be removed from office 
 for breach of duty is by impeachment. The nature of 
 this proceeding has already been explained (Y. C. B., 
 pages 78 and 82). 
 
 The House of Representatives acts as the accuser, and 
 appoints a committee of managers from its membership 
 to prosecute the accused officer, while the Senate sits as a 
 court to hear and decide the case. Xo person can be 
 convicted on such trial without the concurrence of two 
 thirds of the Senators present.
 
 62 IOWA., ITS STATU AND LOCAL GOVERNMENT 
 
 23. Puiiishnieiit (50) — The jiulgineiit to be entered 
 upon a conviction in sncli case cannot extend beyond a 
 removal of tlie convicted person from office, and liis dis- 
 qualification to hold any office of honor, trust, or profit 
 under the State. 
 
 24. Purpose — The purpose of an impeachment is not 
 the jjunishment of crime, but simply the removal of an 
 unfit person from office ; and any oflicer committing a 
 public offense may be indicted, tried, and punished ac- 
 cording to the usual forms of law whether he be im- 
 peached or not. 
 
 25. Members Ineligible (57) — Xo Representative 
 or Senator can be appointed to any civil office of profit 
 under the State, which has been created or the emolu- 
 ments of which have been increased during the session of 
 the legislature in which he has served as a member. 
 He who undertakes to legislate for the State should be 
 uninfluenced by considerations of profit or advantage to 
 himself, and this provision is made to remove any 
 temptation, which otherwise might exist on the part of 
 membe]"s, to create an office or increase tlie salary of an 
 office for their own benefit. This restriction does not 
 aj^ply to elective officers. 
 
 26. Officers Ineligible to Membership (58) — No 
 person holding any lucrative office under the United 
 States or this State or any other power is eligible to a 
 seat in the General Assembly. A lucrative office is one 
 to which some substantial salary or compensation is 
 attached. 
 
 27. Defaulters Disqualified (50) — No person who 
 has been a collector or holder of public moneys can have 
 a seat in either liouse of the General Assembly until he 
 shall have accounted for and paid into the treasury all
 
 LEGISLATIVE DEPARTMENT 63 
 
 sums for which lie is li;il)le. It is deviously just tliat 
 Olio wlio stiiiuls an iidinittod or proved defaulter should 
 not be trusted to legislate for the State while refusing to 
 make restitution. 
 
 28. How Money Drawn (GO) — No money can be 
 lawfully drawn from the State treasury l)ut in jMirsuance 
 of appro])riations jireviously made or authorized by law. 
 Any other rule would place too much power in the dis- 
 cretion of individual officers, and open the door to ex- 
 travagance and corruption in jniblic expenditures. 
 
 29. Payment of Members (Gl) — The members of 
 the first General Assembly received payment at the rate 
 of three dollars per day and an additional allowance for 
 traveling expenses. At present the compensation is 
 $550 and mileage for each regular session, with a pro- 
 portionate amount for each special session based upon 
 the number of days in the last preceding regular session. 
 
 30. Ijaws take Effect (G2) — Laws enacted at a 
 regular session of the General Asseml)ly take effect on 
 the Fourth day of July next after their passage. Laws 
 enacted, at a special session take effect ninety days after 
 the final adjournment of the General Assembly by which 
 they are passed. If the General Assembly deems any 
 law of immediate importance, it may ]3rovide that the 
 same shall take effect at once upon publication of the 
 same in one or more newspapers in the State. 
 
 31. No Divorce Granted (G3) — No divorce can be 
 legally granted nor can any lottery be legally authorized 
 by the General Assembly. In some States it was formerly 
 the rule to grant divorce by special act of the legislature, 
 but experience has shown that such matters can be best 
 adjudicated in the courts. 
 
 32. Lotteries Forbidden (6-4) — Though formerly
 
 C)4 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 recognized by law, lotteries and dealings in lottery' tickets 
 are now generally regarded as gambling transactions, 
 having a demoralizing effect upon all who engage there- 
 in. They are therefore wholly forbidden in this State. 
 
 33. Subject Expressed in Title (05) — Each act 
 or law passed by the General Assembly must embrace 
 but one subject, which shall be indicated or expressed in 
 the title. If any act or bill so passed contains any pro- 
 vision which does not relate to the subject named in the 
 title, then such provision is void. So, too, if the title 
 names or discloses two distinct subjects, then the act is 
 entirely void. 
 
 34. Special Laws Forbidden (GO) — The General 
 Assembly is forbidden to pass local or special laws for 
 any of the following purposes : 
 
 1. For the assessment and collection of taxes; 
 
 2. For laying out and working highways ; 
 
 3. For changing the names of persons; 
 
 4. For incorporating cities and towns ; 
 
 5. For vacating roads, town plots, and public squares; 
 
 6. For locating and changing county-seats. 
 
 35. Laws to be General (67) — As far as possible 
 all laws must be general, and appl}' alike to all parts of 
 the State. 
 
 3G. Extra Compensation (08) — No extra compen- 
 sation can 1)0 made to any ofhcer, public agent, or con- 
 tractor, nor can there be any lawful a])pro])riation of 
 public moneys for merely local or ])rivate uses, witliout 
 the approval of two thirds of all the members elected to 
 each branch of i\\ii General Asseml)ly. 
 
 37. Oath «»1' omce (09) — Each member of the 
 General Assembly must take and subscribe an oath or 
 affirmation to sup[)ort the Constitution of the United
 
 LEOISLATIVE DEPARTMENT 65 
 
 States and of the State of Iowa, and to faitlifnlly perform 
 the duties of his office to the best of his ability, Tlie 
 custom of requiring all newly elected officers to thus 
 solenmly renew their allegiance to their country, and de- 
 vote their best endeavors to tlie discharge of their official 
 duties, is one of ancient origin, and is a fitting recognition 
 of the high and ini])ortant character of tlie pul)lic service. 
 
 38. Census (70)— It is the duty of the General 
 Assembly to cause an enumeration or census of the popu- 
 lation to be made every ten years. This census is ar- 
 ranged to alternate at ecpial intervals with the United 
 States census, which is also taken every ten years, thus 
 securing an enumeration of the people every five years. 
 The last State census was taken in the year 1895. 
 
 39. Senatorial Districts (71) — At the first session 
 after a State or National census has been taken the Gen- 
 eral Assembly fixes the number of Senators and divides 
 the State into a corresponding number of senatorial dis- 
 tricts. 
 
 40. Membership Limited (72) — The membership 
 of the Senate is limited to fifty and of the House of 
 Representatives to one hundred. These members are 
 apportioned among the counties of the State according to 
 population, but no representative disti'ict may contain 
 more than four counties, and each district shall have at 
 least one representative. 
 
 41. Katio — The ratio of representation in the two 
 houses or branches of the General Asseml)ly is usually 
 determined by dividhig the wdiole number of inhabitants 
 of the State by the whole number of members of the 
 house or branch under consideration. 
 
 42. Representative Districts (72) — Every county 
 which has a population e(piul to at least one half the.
 
 66 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 ratio fixed by law is entitled to one representative, and 
 if its population exceeds such ratio by one half or more 
 than one half, then it is entitled to one additional repre- 
 sentative. 
 
 43. No "Floating District" (72) — Prior to the 
 adoption of the present constitution districts were some- 
 times formed on the following plan : Where each one 
 of several counties contained more than the regnired 
 ratio of population, but not enough more to entitle it 
 to two_i"epresentatives, such counties were first made 
 separate districts having each one representative, and 
 were then grouped together into another disti'ict and 
 given an additional representative. In other words, the 
 excess of population over the ratio in several districts 
 was combined and given ^representation. Districts 
 formed by such grouping were called "floating dis- 
 tricts." They were abolished by the new^ constitution. 
 
 44. Wlieu Apportioned (73) — At each regular 
 session the General Assembly fixes the ratio of i-epresen- 
 tation in the House of Representatives, and forms into 
 districts those counties which have not a population suf- 
 ficient to entitle them singly to representation. 
 
 45. Basis of Representation — It will be observed 
 that representation in both legislative branches is appor- 
 tioned to the number of inhabitants by counties rather 
 than by an absolutely equal apportionment among the in- 
 habitants of the State as a whole. The county is thus in 
 some respects made the unit of representation (74). No 
 district can contain less than one entire county ; in foi'm- 
 ing a district no county can be divided, and the counties 
 forming one district must be contiguous. 
 
 46. Elections by General Asscnibly (75) — In ad- 
 dition to the election of its own officers the o-eneral as-
 
 EXECUTIVE DEPARTMENT 67 
 
 semblj is also charged witli tlie duty of electing Senators 
 of the United States and various State officers. At all 
 such elections the members must vote orally, and the 
 votes so announced must be entered on the journal. 
 The reasons for voting by secret ballot at ordinary elec- 
 tions by the people do not apply to elections by the 
 legislature. The members act in a representative capac- 
 ity, and it is the right of each member's constituents 
 to know how he discharges the duty confided to him. 
 
 CHAPTER X 
 
 EXECUTIVE DEPARTMENT 
 
 1. The Governor (76) — The supreme executive power 
 of the State is vested in a chief magistrate, whose official 
 title is " The Governor of the State of Iowa." 
 
 2. How and AVlien Elected (77) — He is elected 
 by vote of the qualified electors of the State at the elec- 
 tion at which members of the General Assembly are 
 chosen, being the regular election in November of each 
 odd-numbered year, and holds his office two years from 
 the time of his installation and until his successor is 
 elected and qualified. 
 
 3. Lieutenant Governor (78) — A Lieutenant 
 Governor is also elected at the same time and for the 
 same term as the Governor. 
 
 4. Returns of Election (78) — The returns or re- 
 ports of the votes cast for Governor and Lieutenant 
 Governor, as the same have been collected and counted by 
 the proper officers in each of the several counties of the 
 State, are sealed up and sent to the State Capitol, directed 
 to the Speaker of the House of Representatives.
 
 68 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 5. Canvass of the Vote (78, 79) — As soon as tlie 
 General Assembly is organized l)y the election of its own 
 officers, the two houses meet in joint session in the repre- 
 sentative chamber. The meeting is presided over by 
 the Speaker of the House of Ilepresentatives, who opens 
 the sealed returns in the presence of all the members. 
 The votes thus reported for the several candidates for the 
 offices of Governor and Lieutenant Governor are footed 
 up, and those appearing to have received the greatest 
 number for the respective offices are declaredduly elected. 
 
 6. Tie Decided — Should it happen that a tie is found 
 in the votes of any two or more of the candidates for 
 either office, the Johit Assembly proceeds at once to make 
 an election from the candidates thus standing equal in 
 the popular vote. The possibility of a tie ever occurring 
 in the vote of a great State is very remote. 
 
 7. Contested Elections (80) — Much more probable 
 than a tie is a case in which disputes arise over the 
 regularity or the returns of an election. 
 
 If the election of a Governor or Lieutenant Governor 
 is thus contested, it is to be decided in such manner as 
 the General Assembly may l)y law provide. Under the 
 statute now in force, when such a contest is made the 
 Senate and the House of Representatives each selects by 
 lot seven of its own members, and the fourteen jjersons 
 thus designated constitute a committee or court before 
 wliich the trial is had. The finding and judgment of 
 the committee is final and conclusive. 
 
 8. Eligibility (81) — To be eligible to the office of 
 Governor or Lieutenant Governor, a person nnist be at 
 least thirty years old, and must have been a citizen of 
 the United States and a resident of the State for the two 
 years next preceding his election.
 
 EXECUTIVE DEPARTMENT 69 
 
 9. Coinniaiuler in Cliiof (82) — The Governor is 
 commander in chief of tlie militia, army, and navy of the 
 State. Tlie State maintains no army or navy in times 
 of peace. 
 
 10. Executive ISusiiicss (8.'5) — lie represents tlic 
 State in tlie transaction of all execntive l)nsiness with 
 the ofHcers of c^overnment, civil and military. lie 
 may also call upon any of the officers of the executive 
 department for reports upon any sul)ject relating to the 
 duties of their respective offices. 
 
 1 1. Filling- Vacancies (85) — When any office be- 
 comes vacant, and the law has not provided any other 
 method for tilling such vacancy, the Governor may fill it 
 by appointment. Such appointment will expire at the 
 next session of the General Asseml)ly or at the next 
 election by the people. 
 
 12. Extra Sessions (80) — When in liis judgment 
 the circumstances require it, he may convene the General 
 Assembly in special session. When so convened, it is 
 his duty to explain to both houses the reasons why he 
 lias called them together. 
 
 13. Messages (87) — The Governor sends to the 
 General Assembly at eacli regular session a formal mes- 
 sage, reporting the condition of the State, and making 
 such recommendations as he thinks expedient. 
 
 14. Adjourning the Legislature (88) — Should the 
 two houses be unable to agree as to the time for the final 
 adjournment of any session, the Governor has power to 
 declare the General Assembly adjourned to such date as 
 he may think proper, but not beyond the time fixed by 
 law for the meeting of the next General Assembly. 
 
 15. Must Hold No Other Ofhce (80) — While exer- 
 cisins: the office of Governor or Lieutenant Governor a
 
 To IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 person nnist not bold any other office under the authority 
 of the United States or of tliis State. 
 
 16. Official Term (90) — The official term of the 
 Governor and Lieutenant Governor begins on the second 
 Monday of Jannary next after their election. If for any 
 reason no election is held at the proper time, or if the 
 person elected to either of these offices fails to accept or 
 qualify by taking the prescribed oath, there is no vacancy, 
 because the incumbent of the office for the prior term 
 holds over until a successor is duly elected and qualified. 
 
 17. Holding- Over — As the General Assembly which 
 canvasses the vote for Governor and Lieutenant Gover- 
 nor does not convene until the second Monday in Jan- 
 uary, and cannot proceed with the canvass until both 
 houses are duly organized, it rarely, if ever, happens 
 that the newly elected executive is inaugurated promptly 
 on the first day of his official term. It has happened on 
 one or two occasions that a long contest over the election 
 of Speaker of the House of Representatives has delayed 
 the inauguration for weeks, during which time the 
 retiring Governor and Lieutenant Governor have held 
 over. 
 
 18. Reprieves and Pardons (91) — The Governor 
 has power to grant reprieves, commutations, and pardons 
 for all offenses except treason and cases of impeachment. 
 In cases of treason he may suspend the execution of the 
 sentence until time is had to report the matter to the 
 General Assembly, which may pardon, commute the 
 sentence, or order it to be carried into effect. He may 
 also remit fines and forfeitures. 
 
 19. Words Defined — K reprieve is an executive 
 order postponing or extending the time for carrying into 
 execution the judgment or sentence pronounced by
 
 EXECUTIVE DEPARTMENT 71 
 
 tlio eourt ill a criminal case. A coiiiinntation is an ex- 
 ecutive order modifying or changing sucli judgment or 
 sentence to one of less severity, A pardon is an exec- 
 utive order by which a person convicted of crime is 
 forgiven and wholly relieved from the judgment or sen- 
 tence pronounced against him. To remit a fine or for- 
 feiture is to relieve the person charged therewith from 
 all liability for its payment. 
 
 20. Order of Succession (92) — In case of the death, 
 impeachment, resignation, removal from office, or other 
 disability of the Governor the duties of the office devolve 
 upon the Lieutenant Governor (94). If the Lieutenant 
 Governor, while acting as Governor, be impeached, die, 
 resign, or be otherwise disabled, the president-^ro tem,- 
 'pore of the Senate acts as Governor, and should he also 
 be rendered incapable of performing the duties of the 
 office, they devolve upon the Speaker of the House of 
 Representatives. 
 
 21. Office Never Vacant — Should the ofiice of Gov- 
 ernor ever become vacant, and the State government 
 thus be left without a responsible head or superintendent, 
 much confusion and possible anarchy would follow. 
 Hence the careful provision above mentioned to provide 
 for the succession, should the duly elected incumbent be 
 in any manner removed or disrpialified. The instant 
 one incumbent dies or becomes incapacitated the powers 
 of the office devolve upon his successor, and there is 
 never a time when there is not some one to whom the 
 people may look as the chief magistrate. 
 
 22. President of the Senate (93) — The Lieutenant 
 Governor acts as president of the Senate, but has no 
 vote in its proceedings except when the Senate is equally 
 divided. In the event of his absence or impeachment.
 
 Y2 IOWA, ITS STATE AXD LOCAL GOVERNMENT 
 
 or when exercising the office of Governor, tlie Senate 
 chooses a president pro tempore from its own member 
 ship. 
 
 23. Great Seal (95) — The State provides, for tlie nse 
 of the executive, a seal termed The Great Seal of tlie 
 State of Iowa. This seal is an instrument by whicli tlie 
 name and emblem of the State may be impressed upon 
 paper, parchment, or other similar material upon which 
 an official document is writteu. 
 
 24. How Used (96) — AVlien the Governor has occa- 
 sion to issue a proclamation, or sign a connnission, or to 
 execute any other important instrument in liis official 
 capacity, he causes an impression of the seal to be made 
 thereon opposite his name. The presence of the seal 
 upon the document is a sign and evidence of its official 
 character and of the genuineness of the Governor's 
 signature. 
 
 25. Secretary of State (97) — It is the duty of the 
 Secretary of State to keep and preserve all the original 
 laws and resolutions of the legislature, the original and 
 authentic copies of the State constitutions and of the 
 amendments thereto ; also all books, records, majjs, reg- 
 isters, and papers lawfully deposited in his office. He 
 countersigns all commissions issued by the Governor, 
 keeps a register of such commissions, and has many 
 other duties of minor importance. 
 
 26. Auditor of State (97) — The office of Auditor 
 of State is one of great importance. He is the general 
 bookkeeper and accountant of the State. He keeps 
 strict account of all linancial transactions between the 
 State and all other States, governments, officers, and pri- 
 vate persons ; settles the accounts of public debtors, and 
 all claims against the treasui-y. No money, however
 
 EXECVTIVE DEPARTMENT Y3 
 
 small the amount, can ho lawfullv di-awn from the State 
 treasury otherwise tlian uj)on his written warrant or 
 order, lie is also charged with enforcing:; the laws 
 regulating the l)usiness of insurance and of hanking 
 MMthin the State. 
 
 27. Treasurer of State (1)7) — As indicated by his 
 title, the chief duty of tlu; Treasurer is to receive, safely 
 keep, and ])ro})erly account for all moneys of the State. 
 He must make no payments from the treasury but upon 
 the warrant or order of the auditor, and must keep a full 
 and detailed account of all his receipts and disburse- 
 ments, 
 
 28. Executive Council — The Governor, Secretary of 
 State, Auditor of State, and Treasurer of State constitute 
 what is called the Executive Council. Tliis council 
 superintends the State census, has charge and care of the 
 property of the State where no other provision is made 
 therefor, purchases the necessary furniture and supplies 
 for the several State offices, and makes such other lawful 
 expenditures as are found necessary and are not other- 
 wise provided for. It also assesses railroads for the 
 purposes of taxation, and equalizes the general assessment 
 of property as between the different counties of the 
 State. 
 
 29. Attorney-General (110) — The Attorney-Gen- 
 eral is the legal representative or attorney for the State. 
 He is required to attend in person at each session of the 
 General Assembly and give the members and State officers 
 the benefit of his advice upon matters of law. He also 
 represents the State in the courts in all matters affecting 
 its interests. 
 
 30. Superintendent of Public Instruction — This 
 officer, connnonly known as the State Superintendent, has
 
 Y4 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 general supervision of tlie county superintendents and of 
 all the connnon schools of the State. He' hears and de- 
 cides appeals taken from the acts and decisions of county 
 superintendents, attends teachers' institutes, and per- 
 forms other services calculated to promote the efficiency 
 of our system of public education. 
 
 31. Kailroad Coiumissioiiers — Under an act of 
 the General Assembly the State is provided with a Board 
 of Railroad Commissioners. This board is given authority 
 to inquire into any neglect or violation of the laws of 
 the State by railway corporations, and to examine the 
 condition of railroads and railroad bridges and cause 
 them to be kept in repair. It also hears complaints 
 made against railroad companies on account of overcharges, 
 and in a general way undertakes the adjustment of con- 
 troversies arising out of the manner in which such com- 
 panies conduct their business. By a late law the com- 
 missioners are given similar supervisory jDower over ex- 
 press companies. 
 
 32. Terms of Office — Except the Judges, Clerk, 
 and Reporter of the Supreme Court, mentioned in a sub- 
 sequent chapter, the foregoing ai-e all the State officials 
 elected by the people. 
 
 The Governor, Lieutenant Governor, and Superintend- 
 ent of Public Instruction are elected in each odd-num- 
 bered year for terms of two years each. The Secretary 
 of State, Auditor, Treasurer, and Attorney- General are 
 elected in each even- numbered year for like terms of 
 two years. 
 
 Railroad connnissioners are elected for three years 
 each, but the terms are so classified that one is elected 
 each year. 
 
 33. Salaries — The salaries attached to the several
 
 NON-ELECTIVE STATE OFFICERS 75 
 
 State offices wliicli liavo been considered in tliis chapter 
 are as follows : 
 
 Governor $3000 
 
 Lieutenant Governor 1 100 
 
 Secretary of State .... 2200 
 
 Auditor of State 2200 
 
 Treasurer of State 2200 
 
 State Superintendent 2200 
 
 Railroad Commissioner 34j O O- Z'JLo-o 
 
 Attorney-general 1500 
 
 In addition to their regular salaries, the Governor, 
 Secretary of State, Auditor, and Treasurer each receive 
 8500 per year for services upon the Executive Council. 
 
 As the State has not yet provided an executive man- 
 sion, the legislature usually makes the Governor an ad- 
 ditional allowance of $600 per year for house-rent. 
 
 The Attorney-General also receives an additional com- 
 pensation of live dollars per day while attending court in 
 behalf of the State. 
 
 CHAPTEE XI 
 
 NON-ELECTIVE STATE OFFICERS 
 
 1. How Selected — Numerous lesser offices have been 
 created by law and are filled by the appointment of the 
 Governor or by the choice of the General Assembly. 
 The most important of these are Adjutant-General, 
 Board of Health, Commissioner of Labor Statistics, Oil 
 Inspector, Mine Inspector, Dairy Commissioner, and 
 State Librarian, appointed l)y the Governor; and War- 
 dens of the State Penitentiaries, State Printer, and State 
 Binder, chosen by the General Assembly.
 
 Y6 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 2. Adjutaiit-General — The Adjutant-General is cliief 
 inspector of the State niihtia, and keeps and preserves 
 tlie military records of the State. He receives a salary 
 of $1500 per year. 
 
 3. Board of Health — The State Board of Health 
 consists of the Attorney-Genei-al, one civil engineer, and 
 seven physicians appointed by the Governor. It has 
 general supervision of matters affecting tlie liealth of the 
 citizens of the State. It is also authorized to make such 
 rules and regulations as it may deem necessary for the 
 preservation or improvement of public health, and it is 
 the duty of all other officers of the State, county, town- 
 ship, and city to co-operate in enforcing such rules and 
 regulations. Members of the board receive no salary. 
 
 4. Coniiiiissioiier of Labor Statistics — This officer 
 is most commonly called Labor Connnissioner. His 
 principal duty is to collect and publish statistics and in- 
 formation for the benefit of the laboring classes. The 
 salary is $1500 per year. 
 
 5. Oil Inspector — The Oil Inspector, in person or 
 by deputies, is required to examine and test the quality 
 of all petroleum oils offered for sale within the State for 
 illuminating purposes. If any such oils are found to be 
 of dangerous character they are condemned, and it is 
 made unlawful for the owner to sell them or offer them 
 for sale after condemnation by the inspector. The in- 
 spector collects certain fees from owners of oils exam- 
 ined and tested by him. Of these fees he retains $2000 
 per year as his compensation, and pays the remainder into 
 the State treasury. 
 
 6. Mine Inspectors — There are three mine Inspectors. 
 Practical coal-miners are usually selected for this position. 
 It is their duty to inspect the various mines of the State,
 
 NON-ELECTIVE STATE OFFICERS 77 
 
 and see tliat the laws regulating the manner of operating 
 them are ol>eyed. They receive an annnal salary of 
 $1200 each. 
 
 7. Dairy Coniinissiouer — The Dairy Commissioner 
 is re({uired to secure as far as possil)le the enforcement 
 of the hiw to suppress and punish the fraudulent sale of 
 imitation butter and cheese. His salary is $1500 per 
 year. 
 
 8. State Librarian — The State Librarian has princi- 
 pal charge of the State Library. Salarv, $1200. 
 
 9. Wardens — A Warden is selected for each of the 
 two penitentiaries. He is charged witli the general man- 
 agement and control of the prison over which he is 
 appointed. Salary, $2000. 
 
 10. Printer and Binder — The State Printer and 
 State Binder, as their titles indicate, j)rint and bind the 
 various books, reports, and ^jublic documents issued by 
 the State. They receive compensation in fees according 
 to the work performed. 
 
 11. Other Officers — Li addition to officers above 
 named we have a Pharmacy Commission, which examines 
 and certifies to the competency of persons wishing to en- 
 gage in buying and selling drugs and medicines ; a Cus- 
 todian of Public Buildings, who has charge of the State 
 capitol and grounds; a Veterinary Surgeon, who has 
 general supervision of contagious and infectious diseases 
 among domestic animals; a Fish Commissioner, wlio 
 looks after the preservation of fish in the waters of the 
 State and the enforcement of the laws to regulate fish- 
 ing ; and a Superintendent of AYeights and Measures, who 
 has charge of the standards of weight and measure 
 adopted hy tlie State. 
 
 12. Trustees, etc. — The government of the State
 
 TS IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 charitable and educational institutions by boards of trus- 
 tees and other similar bodies will be hereinafter explained. 
 13. Historical Department — A Curator of Histori- 
 cal Collections is appointed by the trustees of the State 
 Library. Ilis term of office is six years, and salary 
 $1200. The duty of this officer is to collect and arrange 
 books, records, and materials illustrative of the history 
 of Iowa and the Western States. He also collects and 
 preserves mementos of the pioneers and soldiers of Iowa. 
 
 CHAPTER XII 
 
 STATE INSTITUTIONS 
 
 1. Educational — Tlie State has established three 
 large schools for the higher education of its young peo- 
 ple. These are the State University at Iowa City, 
 the State Agricultural College at Ames, and the State 
 ]S"ormal School at Cedar Falls. 
 
 2. Reformatory — It has also established an Indus- 
 trial School for the reformation and education of incor- 
 rigible and criminal children under the age of sixteen. 
 This school has- two departments or branches — one for 
 boys at Eldora, and one for girls at Mitchellville. 
 
 3. Penal — For the detention and punishment of per- 
 sons convicted of grave offenses against the laws of the 
 State there are penitentiaries at Fort Madison and Ana- 
 mosa. At the latter place the prison has a separate 
 department for women. 
 
 4. Cliarital)le — Iowa has also made generous provi- 
 sion for its needy and afflicted Its chief benevolent 
 institutions are the
 
 JUDICIAL DEPARTMENT 79 
 
 Hospital for tlie Insane at Mt. Pleasant ; 
 
 Hospital for the Insane at Independence ; 
 
 Hospital for the Insane at Clarinda ; 
 
 Hospital for the Insane at Cherokee ; 
 
 School for tlie Deaf at Council Bluffs ; 
 
 Institution for the Feeble-minded at Glenwood ; 
 
 College for the Blind at Vinton ; 
 
 " Industrial Home for the Blind at Knoxville ; 
 
 Soldiers' Home at Marshalltown ; 
 
 Soldiers' Orphans' Home at Davenport. 
 6. Supervisiou — The general supervision of the State 
 University is exercised by a Board of Regents consisting 
 of the Governor of the State and the Superintendent of 
 Public Instruction, together with one person from each 
 congressional district of the State elected by the General 
 Assembly. The governing board of the Soldiers' Home 
 consists of six commissioners appointed by the Gover- 
 nor. All the other State institutions except the peni- 
 tentiaries are managed by boards of trustees elected by 
 the General Assembly. 
 
 CHAPTER XIII 
 
 JUDICIAL DEPARTMENT 
 
 1. Judicial Power (98) — The judicial power of the 
 State is vested in a Supreme Court, District Court, and 
 such other inferior courts as the General Assembly may 
 from time to time estaljlish. 
 
 2. Supreme Court (OO) — As originally established, 
 the Supreme Court consisted of three Judges; but under 
 the power given the General Assembly to increase the
 
 80 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 number of Judges, the court as now constituted lias six 
 members. 
 
 3. Election and Term (100) — The Judges are 
 elected by the qualified voters of tlie State for terms of 
 six years each — the terms being so classified that one 
 Judge is elected each year. The Judge having the 
 shortest time to serve acts as Chief Justice. Under this 
 plan each Judge in turn occupies the position of Chief 
 Justice during the closing year of his term of oifice. A 
 Judge of the Supreme Court is ineligible to any other 
 State office during the term for which he is elected. 
 
 4. Jurisdiction (101) — The Supreme Court has ap- 
 pellate jurisdiction in cases in chancery, and is a court 
 for the correction of errors at law. It has no original 
 jurisdiction, that is, no suit or action of any kind can be 
 first begun in the Supreme Court. All legal proceed- 
 ings are begun in some of the lower courts, and are 
 brought into the Supreme Court by appeal. 
 
 5. Chancery and Law (101) — For the purposes of 
 this work, tlie distinction between chancery and law may 
 be thus ex^^lained : All cases brought in court for a mere 
 money demand, as for instance an ordinary action to 
 collect a debt or recover damages, are triable to a jury 
 and are called actions at law ; while all cases in which 
 something more than a mere money judgment is asked, 
 as the granting of a divorce, the foreclosure of a mort- 
 gage, or the setting aside a fraudulent deed, are triable 
 to the court without a jury, and are called suits in 
 chancery. 
 
 O. On Appeal (lOl) — On appeal in a chancery case 
 the Supreme Court heai's and decides the controversy 
 upon its merits without any reference to the decision 
 from which the aj^peal is taken ; but upon an appeal in
 
 JVDICIAL DEPARTMENT 81 
 
 AW action at law it considers only tlie alleged errors or 
 ini])ro[)er rulings of the lower court, and if it finds that a 
 mistake has been made sends the case back for new trial. 
 If no error is found the judgment appealed from is af- 
 firmed, 
 
 7. Clerk — The Clerk of the Supreme Court keeps the 
 records of the proceedings of that tribunal, and issues all 
 writs and orders necessary to carry its decisions into 
 effect. 
 
 8. Reporter — The decisions of the Supreme Court 
 are ordinarily accompanied by written opinions declaring 
 and explaining the law upon the points or questions de- 
 cided. It is the duty of the Reporter to collect and pub- 
 lish these o[)inions in book form. The series of books 
 thus issued is known as the " Iowa Reports." 
 
 9. Terms of Office — The Clerk and Reporter are 
 elected for terms of four years each, beginning with the 
 year 1874. 
 
 10. District Court (102) — The State was originally 
 divided hito eleven judicial districts, in each of which was 
 selected one District Judge. The districts now number 
 twentv, are of irreo;ular size, and have from one to four 
 judges each. The court consists of a single Judge. Al- 
 though there may be two or more Judges in a District, 
 they do not sit together for the trial of cases. In this 
 manner the court may be in session at several different 
 places in the same district at the same time. 
 
 11. Election of Judges (102) — Judges of the Dis- 
 trict Court are elected for terms of four years each by 
 the qualified voters of their respective districts, and dur- 
 ing the term for which they are elected are ineligil)le 
 to any other State office except that of Judge of the 
 Supreme Court.
 
 82 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 12. Jurisdictiou (103) — The District Court is a 
 court of law and equity. The word "equity" as here 
 used is equivalent to the word ' ' chancery ' ' already ex- 
 plained. Its jurisdiction embraces practically every 
 kind of legal controversy, civil and criminal. All civil 
 actions where the amount in controversy is over one 
 hundred dollars must be brought in the District Court, 
 while those involving a less sum may also be brought 
 there or in a justice's court, at the option of the com- 
 plaining party. 
 
 13. Conservators of tlie Peace (104) — Judges 
 of the Sujjreme and District Court are conservators of 
 the peace throughout the State. ' ' Conservator of the 
 Peace " is an ancient term aj^j^lied to an ofhcer who has 
 the authority to preserve the public peace, as in the 
 prevention and suppression of rioting, fighting, and 
 brawling. 
 
 14. Style of Process (105) — By "process" is meant 
 any writ or order issued by the court commanding a 
 public officer or private citizen to do or not to do some 
 specified act. " Style," as here used, is the name indi- 
 cating the authority by which the process is issued and 
 may be enforced. The style of all process is "The 
 State of Iowa." For example, if a writ is issued com- 
 manding the sherifl: to arrest a person or to do any other 
 ofiicial act it will be directed to him in substantially the 
 following form : "The State of Iowa, — To the Sheriif 
 of Blank County: You are hereby commanded," etc. 
 All criminal prosecutions are conducted in the same 
 manner. 
 
 15. County Attorney (112) — At the general elec- 
 tion in each even-numbered year the qualified voters 
 of each county elect a prosecuting attorney, whose duty
 
 JUDICIAL DEPARTMENT 83 
 
 it is to represent tlie State and County in tlie various 
 courts and to conduct all criminal prosecutions. A 
 criminal prosecution must always be begun in the county 
 where the offense is committed. 
 
 16. Salaries — The salaries of the several officers of 
 the judicial department are as follows : 
 
 Judge of the Supreme Court $4000 
 
 Judge of the District Court 2500 
 
 Clerk of the Sui)reme Court 2200 
 
 Reporter of the Supreme Court 2200 
 
 The compensation of county attorneys is fixed by the 
 Board of Supervisors in each county, and varies from 
 $300 to $1500, according to the population and amount 
 of business to be performed. 
 
 17. Grand Jury (114) — At each regular term of 
 the District Court a Grand Jury is impaneled. It may 
 consist of any number of persons, not less than five nor 
 more than fifteen, as the General Assembly may by law 
 provide. 
 
 18. Duty of Grand Jury — It is the duty of the 
 Grand Jury to incjuire into all indictable oifenses com- 
 mitted wathin the county and to return indictments 
 against the persons believed to be guilty thereof, if the 
 evidence obtained is sufficient to justify such action. As 
 elsewhere explained, an indictment is simply an accu- 
 sation made by the Grand Jury charging the person 
 therein named with some specific offense. All offenses 
 the punishment of which may exceed a fine of one hun- 
 dred dollars or thirty days in the county jail are in- 
 dictable. 
 
 19. Trial Jury — When a person has been indicted 
 and arrested he enters a plea of "guilty" or "not 
 guilty " to the charge made against him. If the plea is
 
 84 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 "not guilty," lie is put upon trial. For this purpose 
 a Trial Jury is formed entirely distinct from tlie Grand 
 Jury. All jurors must be citizens, residents, and lawful 
 voters in the county where they serve. 
 
 20. Administration of Justice — The method of 
 administering justice in criminal cases may be thus 
 briefly stated : The Grand Jury accuses, the Sheriif 
 arrests, the County Attorney prosecutes, the Trial Jury 
 renders the verdict "guilty " or "not guilty," and the 
 Judge enters judgment according to the verdict so 
 rendered. The Judge also presides at the trial, rules 
 upon objections to the introduction of evidence, and 
 decides all questions of law. 
 
 CHAPTER XIV 
 
 THE STATE MILITIA 
 
 1. Of Whom Composed (115) — All able-bodied 
 male citizens of the State, between the ages of eighteen 
 and forty-five years, constitute the Militia, and may at 
 any time be called upon by the State to be organized 
 into companies and regiments, and to receive military 
 drill and instruction. 
 
 2. Not Org-anized — The power of the State in this 
 respect has never been exercised. The danger of war 
 is considered too remote to justify the annoyance and 
 expense of maintaini-ng a general organization, and the 
 militia remains an unoi'ganized but powerful reserve 
 force, liable to be called into service at any time when 
 the public safety seems to recpiire it. 
 
 3. Natitmal Guard — A small volunteer force known 
 as the National Guard is authorized by the laws of the
 
 STATE DEBTS 85 
 
 State. It is at present organized into two brigades, 
 each connnandcd by a brigadier-general, M'ith the nsual 
 regimental and company otticers. 
 
 The Governor is connnander-in-chief, and may call out 
 any ^^ri or all of the Gnard whenever it is necessary to 
 repel invasion, or to prevent or suppress insurrection, 
 riot, or other l)reach of the peace. 
 
 4. Exemption (11(5) — Persons who are conscien- 
 tiously opposed to bearing arms may be exempted from 
 military duty in times of peace by payment of such 
 reasonable commutation as may be provided by law. 
 
 5. Election of Officers (117) — All connnissioned 
 ofticers of the militia, except staff officers, are elected 
 by the persons liable to military duty, and receive tlieir 
 commissions from the Governor. 
 
 CHAPTER XY 
 
 STATE DEBTS 
 
 1. The Public Credit (118) — The State cannot law- 
 fully give or lend its credit to any individual, associa- 
 tion, or corporation. It is also forbidden to assume 
 tlie debts or liabilities of any individual, association, or 
 corporation unless incurred in time of war for the benefit 
 of the State. 
 
 2. Limitation of Indebtedness (119) — Debts may 
 be contracted to meet necessary expenses which have not 
 been otherwise provided for, or to supply any deficiency 
 in the ordinary income of tlie State, but the total amount 
 of such indebtedness must never exceed two hundred 
 and fifty tlicusand dollars.
 
 86 IOWA, ITS STATE AND lOCAL GOVERNMENT 
 
 3. A Wise Restriction — The wisdom of tliis con- 
 stitutional safeguard against burdensome public debt has 
 been demonstrated by the experience of many other 
 States which, in the absence of such limitation, have 
 given the aid of their credit to railroad and other private 
 enterprises, and indulged in extravagant expenditures 
 until brought to the verge of bankruptcy. 
 
 4. Losses to School Fund (120) — As explained in 
 a subsequent chapter, the State has provided certain 
 funds, the income from which is devoted to the support 
 of its schools. If any loss occurs to these funds by the 
 fraud, wn'ong, or mismanagement of the agents or offi- 
 cers in charge of them, such loss is to be treated as a 
 permanent debt of the State, upon which not less than 
 six per cent interest shall be paid. 
 
 5. War Debts (121) — Debts may also be contracted 
 beyond the limit named in the second paragraj^h of this 
 chapter whenever such step is necessary to repel invasion, 
 suppress insurrection, or defend the State in time of war. 
 Moneys raised under the extraordinary power thus given 
 must not be applied to any other purpose whatever. 
 
 6. Other Debts (122) — Other debts may be au- 
 thorized by law for some single specified work, when 
 the law providing for such ivork also provides for a tax 
 with which to meet the expense incurred, and the same 
 has been approved by a vote of the people. 
 
 ISTo debt has ever been contracted by the State under 
 this provision.
 
 COBPORATIONS 87 
 
 CIIAPTEK XYI 
 
 CORPORATIONS 
 
 1. Word Defined — A corporation is ordinarily an 
 association of several persons organized in the iiianiier 
 prescribed by law and given power to act and transact 
 business as a single individual. A single individual may 
 also become incorporated by complying with certain legal 
 requirements. 
 
 3. Corporations for Profit — A corporation for ju'ofit 
 is one organized for the purpose of carrying on a busi- 
 ness or enterprise for the pecuniary benefit of its mem- 
 bers. Each member puts in such definite portion or 
 share of the capital stock as he may subscribe, and be- 
 yond the amount so subscribed is not personally liable 
 for any of the corporate debts. 
 
 3. Other Corporations — Corporations are also fre- 
 quently organized for religious, educational, or social 
 purposes. Many churches, lodges, societies, schools, and 
 like organizations become corporate bodies of this class. 
 Such corporations ordinarily have no capital stock. 
 
 4. Corporate Name — Each corporation adopts a dis- 
 tinctive name, by which it is known and in which all its 
 business is transacted. 
 
 5. Utility of Corporations — Nearly all railroads, 
 canals, and other great works of internal improvement 
 have been constructed by corporations. Enterprises of 
 this kind require such vast sums of money and are sub- 
 ject to so great risks that few if any men could be found 
 with sufiicient ca])ital to undertake them, or, having the
 
 88 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 capital, would consent to so hazard it. Bj the use of 
 corporations, however, a large number of people unite 
 their comparatively small contributions into a large ag- 
 gregate sum, and thus accomplish great works which 
 otherwise would never be undertaken. In the same 
 manner the most of the innnense manufacturing and 
 business enterprises of modern times are rendered possible. 
 
 6. Subject to Control — In view of the valuable 
 privileges conferred upon corporations, and of the great 
 power and influence exercised hy aggregated wealth, the 
 State reserves the right to regulate the manner in which 
 they may be formed and in which they shall transact 
 business. The State may also by proper proceedings 
 in court have a corporation dissolved and its right to do 
 business annulled whenever it fails to observe the law. 
 
 7. How Created — It was formerly the practice in 
 most States to create each corporation by special act of 
 the legislature. This plan was found to be productive of 
 abuses and sometimes of corruption among legislators, and 
 is now quite generally abandoned. Our own C^onstitution 
 (125) forbids special legislation of this kind. A general 
 law has been enacted prescribing certain simple rules and 
 regulations by which any j^erson or persons may become 
 incorporated. 
 
 8. Property Taxable (120) — The property of cor- 
 porations is taxable in the same manner as the property 
 of individuals. 
 
 9. State not to be a Stockholder (127) — The State 
 cannot become a stockholder in any corporation, nor can 
 it lawfully assume the debt of any corpoi'ation unless in- 
 curred in time of war for the benefit of the State. 
 
 10. Municipal Corporations (128) — Counties, 
 cities, towns, and school districts, into which the State is
 
 CORPORATIONS 89 
 
 divided for tiie purposes of local ijjovernmeiit, are called 
 political or municipal corporations, though the latter term 
 is more often confined to incorporated cities and towns. 
 All such corporations are forbidden to become stockliold- 
 ers in any banking corporation, directly or indirectly. 
 
 11. Banking Corporations (129 to 1.30) — Sections 
 5 to 12 inclusive of Article 8 of the (Constitution, ])rovide 
 the manner in which corporations with general banking 
 powers nuiy be created. The banks here referred to are 
 such as have the right to issue bills or notes to be circu- 
 lated as money; but under the law of the United States 
 providing for the national banking system, State banks 
 of issue ceased to be profitable and no longer exist. 
 These constitutional provisions are therefore of no present 
 importance. Banks of deposit and exchange are provided 
 for by act of the General Assembly. 
 
 12. Transportation Companies — Railroads, express 
 and other corporations organized for the purpose of carry- 
 ing passengers and freight are sometimes spoken of as 
 public corporations. Though owned by private parties 
 their duties are of a semi-public nature, and the State 
 assumes the I'ight to supervise and regulate their dealings 
 with the people. We have already noticed how this 
 supervision is exercised through the Board of Bailroad 
 Commissioners. 
 
 13. Commerce — All buying and selling in which 
 goods or merchandise is transported from one town or 
 place to another is commerce. The Constitution of the 
 United States (Y. C. B. 109) reserves to Congress alone 
 the power to regulate commerce between the States. The 
 State therefore cann(jt interfere with any corporation in 
 the business of carrying passengers or freight from any 
 point without the State to any jioint w'ithin it, or from
 
 90 TOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 anj point witliin tlie State to any point without, except 
 where Congress has expressly relinquished its supremacy. 
 14. How Keg'iilated — For the general n gulation of 
 commerce between the States, Congress has enacted the 
 Interstate Commerce Law, and provided for a national 
 Board of Railway Commissioners appointed by the Pres- 
 ident of the United States, The State has supreme au- 
 thority over all traffic between the different cities, towns, 
 and neighborhoods within its own borders. 
 
 CHAPTER XYII 
 
 PUBLIC EDUCATION 
 
 1. Obsolete Provisions (138) — Sections 1 to 15, in- 
 clusive, of Article 9 of the Constitution created a State 
 Board of Education, consisting of the Lieutenant-Gov- 
 ernor and one additional member from each judicial 
 district. 
 
 The General Assembly was given power to change or 
 abolish this lioard at any time after the year 1863, and 
 did in fact abolish it in ISO-l, since which time the sec- 
 tions above mentioned have been inoperative. 
 
 2. School LiJiiuls — By the liberality of the Govern- 
 ment of the United States, large grants of public lands 
 were many years ago made to the State for the benefit 
 of its schools. Some of these lands were appropriated 
 to the special use of tha State University, others to the 
 State Agricultural College, and the remainder to the 
 connnon schools. 
 
 3. Educational Funds — The moneys arising from 
 the sales of these lands constitute jjerpetual or perma-
 
 rUBLW EDUCATION 91 
 
 nent funds, wliich are kept invested in interest-bearing 
 secnrities, and the income thus realized is distributed at 
 stated periods to the several beneficiaries. 
 
 4. Escheats (141) — AVhen a person dies leaving no 
 will or heir, his property goes to the State, and beccjines 
 a part of the permanent fund for the support of com- 
 mon schools. 
 
 Property thus coming to the State is called in law 
 an escheat. 
 
 5. Temporary Scliool Fund — All forfeitures and 
 fines, and the proceeds of the sales of lost goods and es- 
 tray animals, are paid into the county treasury and con- 
 stitute the Temporary School Fund. All moneys in 
 this fund are distributed among the several school dis- 
 tricts of the county at least once in each year. 
 
 6. How Distributed (145) — The interest derived 
 from the Permanent School Fund, together with the 
 moneys in the Temporary Fund, are distributed to all 
 the school districts in proportion to the number of 
 youths between the ages of five and twenty-one years. 
 
 7. State University — It is provided by law that 
 " the object of the State University shall be to provide 
 the best and most eflicient means of imparting to young 
 men and women on equal terms, a liberal education and 
 thorough knowledge of literature, the arts and sciences, 
 with their varied applications." 
 
 8. Preparation Required — So far as practicable, 
 the courses of study in the University begin where the 
 same are completed in the high schools; and no student 
 can be admitted Avho has not completed the elementary 
 studies in such branches as are taught in the common 
 schools. 
 
 9. State Agricultural College — This institution, now
 
 92 IOWA, ]T8 STATE AND LOCAL GOVERNMENT 
 
 commonly known as the " State College," provides for 
 tlie student abroad, lil)eral, and practical course of study, 
 in wliicli the leadiiio; branches of learning relate to agri- 
 cultui'e and the mechanic arts. It also embraces such 
 other lines of study as will most practically and liberally 
 educate the agricultural and industrial classes in the 
 several pursuits and professions of life, including military 
 tactics. 
 
 10. State Normal School — The State Normal School 
 is established and maintained for the special instruction 
 and training of teachers for the common schools, 
 
 11. Work Accomplished — Each of these schools has 
 been very successful in its special line of work. All 
 have a libei-al attendance of students, and many of their 
 graduates have achieved a high degree of success and 
 fame in the various pursuits of life. 
 
 12. Comity High-Schools — Each county may, by 
 complying with certain conditions, establish a High 
 School for the purpose of affording advanced pupils 
 better educational facilities than are ordinarily found in 
 district schools. 
 
 13. High-School Departments — For some reason 
 very few counties in the State have ever availed them- 
 selves of the benefit of this law, but most of the graded 
 schools in cities and towns of any importance have high- 
 school grades or departments, affording all the advan- 
 tages which could be derived from a county school. 
 
 14. School Districts — The organization and govern- 
 ment of School Districts will be considered in a subse- 
 quent chapter.
 
 CONSTITUTIONAL AMENDMENTS 93 
 
 CHAPTER XYIII , 
 
 CONSTITUTIONAL AMENDMENTS 
 
 1. How Proposed (140) — Any amendment to the 
 Constitution may be proi)Oscd in either house of the 
 General Assembly, and, if agreed to by a majority of 
 all the members elected to each house, it is then laid 
 over to be acted upon by the next General Assembly. 
 Before the next election notice of the proposed amend- 
 ment is published throughout the State, and if the Gen- 
 eral Assembly next elected agrees to it by a like majority, 
 the question is finally submitted to a vote of the people. 
 If these various steps have been regularly pursued, and 
 a majority of those voting upon tlie question is found to 
 be in favor of the proposition, the amendment becomes 
 part of the Constitution. 
 
 2. Why these Formalities — As the standard l)y 
 which all legislative acts, judicial decisions, and private 
 rights are to be determined, it is a matter of great im- 
 portance that the Constitution be as fixed and stable as 
 possible, and that all proposed changes be tlioroughly 
 discussed and understood by the people. By the plan 
 above outlined, at least two years are given for the dis- 
 cussion and examination of a proposed amendment, and 
 an effectual guard is thus created against hasty and ill- 
 advised changes. 
 
 3. Separate Vote (147) — If two or more amend- 
 ments are submitted at the same time, it must be done 
 in such manner that they can l)e voted upon separately. 
 Of several amendments the voter may desire to support
 
 94 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 some and oppose others, and this provision for a separate 
 vote enables him to do so. 
 
 4. Coustitptional Couventiou (148) — Once every 
 ten years, beginning with the year 1870, tlie qnestion 
 " Sliall there be a Convention to revise the Constitution 
 and amend the same ? " is submitted to the voters of the 
 State. 
 
 The General Assembly may also submit the question 
 at any time. If a majority of votes is cast in the affirm- 
 ative, the General Assembly at its next session provides 
 for the election of delegates to such convention by the 
 duly qualified voters of the State. 
 
 5. Work of Convention — The delegates thus selected 
 meet and make such revision of the Constitution as they 
 deem wise ; but before their work is of any validity it 
 must be approved by the voters of the State at an elec- 
 tion held for that purpose. Since the adoption of the 
 present Constitution, in the year 1857, no convention 
 has been called. 
 
 6. Amendments Adopted. — Prior to the year 1863 
 negro slavery prevailed in nearly one half of the nation, 
 and even in the free States there were strong prejudices 
 against conceding equal political rights to c olored citi- 
 zens. Under these influences the Constitution of the 
 State, as originally adopted, excluded this class of people 
 from the right of suffrage (30) and the right to member- 
 ship in the General Assembly (40, 41). It also excluded 
 them from enumeration in the census (70), from rei)re- 
 sentation in both liouses of the General Assembly 
 (71,72), and from the State militia (115). All these 
 discriminations were abolished by amendments adopted 
 in the year 1868. 
 
 7o Otlier Amendments — Several other amendments
 
 MISCELLANEOUS PRO VISIONS 95 
 
 have been ado^jted, and will be found clearly noted in 
 their proper connection in the text of the Constitution 
 (see Chapter I). 
 
 CHAPTER XIX 
 
 MISCELLANEOUS "PROVISIONS 
 
 1. Justices' Courts (149) — The jurisdiction of Jus- .^ 
 tices of the Peace extends to all civil cases within their ^^^^ 
 respective counties, where the amount in controversy Hs' '^ 
 does not exceed one hundred dollars, except cases in V 
 chancery. By consent of the parties the jurisdiction i 
 may be extended to any amount not exceeding three 
 hundred dollars. (L^^:*? ^^"t^ u.^.6c^.-v„ t^U --^ tL i^x^^^- 
 
 2. Jurisdiction Defined — By the word " jurisdic- i^^' 
 tion" as ajjplied to courts, is meant the authority to /*i^j 
 hear, try, and determine cases and proceedings brought 
 
 for the settlement of legal controversies, and the jiower 
 to declare and enforce the law. 
 
 3. New Counties (150) — Xo new county can be 
 created having less than four hundred and thii"ty-two 
 scpiare miles. Tliis area is the equivalent of twelve 
 townsliips, according to the government survey. Coun- 
 ties are organized for local government and local con- 
 venience, and to make them unnecessarily numerous 
 would increase the public expense for court-houses and 
 salaries of county officers, without compensatory advan- 
 tages. 
 
 4. Exception (150) — ^Voi'th county and the counties 
 west of it along the northern boundary of the State are 
 excepted from this rule, and may be organized with an 
 area less than four hundred and thirty-two square miles.
 
 96 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 This exception is made because tlie iiortli boundary 
 of tlie State (which is forty-tliree degrees and tliirty 
 niinntes north latitude) hes a little south of the north 
 line of the surveyed townships along that border. This 
 discrepancy places a small portion of each of these bor- 
 dering townships over the line in the State of Minnesota, 
 but the larger fractions left under the jurisdiction of 
 Iowa are treated as full townships for the purposes of 
 county organization. 
 
 5. Limit of luclebtedness (151) — No county, city, 
 town, or school district is allowed to become indebted 
 in any manner or for any purjDOse to an amount exceed- 
 ing five per centum of the assessed value of the taxable 
 property within its jurisdiction. Any contract or prom- 
 ise to jiay in excess of this limit is void, and cannot be 
 enforced at law. 
 
 6. Oath of Office (153) — Every person elected or 
 appointed to any ofhce is required before entering thereon 
 to take an oath or afhrmation that he will support the 
 Constitution of the United States and of the State of 
 Iowa, and will faithfully, impartially, and to the best 
 of his ability discharge the duties of such otRce. 
 
 7. Vacancies in Office (154) — A vacancy occurring 
 in any elective office is, as a rule, temporarily filled by 
 appointment. The person appointed holds only until 
 the next regular election, at which time some one is 
 elected to fill the place. He who is thus elected to fill 
 a vacancy holds tlie office for the remainder of the un- 
 expired term. 
 
 8. Appointments — Appointments to fill vacancies 
 are made as follows : 
 
 By the Supreme Court, in the offices of clerk and 
 reporter of the Supreme Court ;
 
 MISCELLANEOUS PROVISIONS 97 
 
 By the Governor, in all other State offices and in the 
 membership of any board or commission created by the 
 State ; 
 
 By the Board of Supervisors, in all county offices ex- 
 cept in the office of supervisor, which is tilled by the 
 county auditor, clerk, and recorder; 
 
 By the Townsliip Trustees, in all township offices ex- 
 cc\)t where the offices of all three trustees are vacant, 
 when the township clerk may appoint; 
 
 By the Mayor or by the Mayor and Council, in all 
 municipal offices except in cases where a special election 
 is provided for by law. 
 
 A vacancy in either house of the General Assembly 
 cannot be filled by appointment, but in such case the 
 Governor issues an order for a special election by the 
 people of the district where the vacancy exists. 
 
 9, State Capital (156) — The seat of government is 
 permanently established at Des Moines, and the State 
 University at Iowa City. Neither can be changed or 
 removed to any other location without a constitutional 
 amendment. 
 
 10. Schedule (157-159) — Article 12 of-the Consti- 
 tution, entitled " Schedule," is in effect an appendix to 
 the main body of the instrument prescribing when and 
 how the Constitution should take effect, the time of 
 holding the first elections thereunder, and other similar 
 matters whose temporary purposes have been served 
 and require now no special consideration.
 
 98 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 CHAPTEE XX 
 
 COUNTIES AND COUNTY GOVERNMENT 
 
 1. Number aud Area — The State is divided into 
 ninetj-iiine counties. With a few exceptions tliese 
 counties are rectangular in form and contain either 
 twelve or sixteen surveyed townships, each six miles 
 square. 
 
 2. County-seats — Each county has selected some 
 convenient town or site as its seat of local government. 
 At this place, known as the "county-seat," are erected 
 a court-house and offices for the several county officers. 
 Here the terms of the District Court are held, the 
 records of the county are kept, and the county business 
 generally is transacted. County-seats may be changed 
 or re-located by vote of the people at an election prop- 
 erly called for that purpose. 
 
 3. County Otiicers — The officers of the county are 
 Supervisors, Auditor, Treasurer, Recorder, Clerk of the 
 District Court, Sheriff, County Attorney, Suj^erintend- 
 ent of Schools, Surveyor, and Coroner. 
 
 4. Supervisors — The general supervision and manage- 
 ment of county affairs is intrusted to a Board of Super- 
 visors. The board regularly consists of three persons, 
 but by vote of the people the membership may be 
 increased to five or seven. They are elected for terms 
 of three years each, but the terms must be so arranged 
 that at least one Supervisor may be elected each year. 
 
 5. Duties of Board — The Board of Supervisors is 
 charged with nnmerous and important duties, the most 
 important of which are as follows :
 
 COUNTIES AND COUNTY GOVERNMENT 99 
 
 {a) To manage and control the county property. 
 
 (b) To settle with all county officers concerning the 
 receipts and expenditures of their several offices. 
 
 (c) To build and keep in repair the necessary comity 
 buildings and all county bridges. 
 
 {d) To establish, change, and vacate public roads. 
 
 {e) To provide for the relief and support of the poor 
 of the county. 
 
 {/) To examine all claims made against the county 
 and allow such as they find to be just. 
 
 {g) To canvass the votes of the county at general and 
 special elections; and 
 
 {h) To represent the county in all litigation, and in 
 general to protect its rights and interests as circum- 
 stances may seem to render necessary. 
 
 6. Meetings — Regular meetings of the Board of 
 Supervisors occur on the first Monday in January, April, 
 June, and September of each year. It meets also on 
 the first Monday after a general or special election and 
 canvasses the vote of the county. Special meetings may 
 be held from time to time in the discretion of the Board. 
 
 7. Auditor — The County Auditor acts as clerk of 
 the Board of Supervisors, records its proceedings, signs 
 all orders or warrants upon the Treasurer for the pay- 
 ment of claims allowed by the Board, and makes out and 
 delivers to the Treasurer the yearly tax-lists. He is the 
 general accountant or bookkeeper of the county, and 
 keeps a detailed account and record by which the l)oard 
 may settle with all other county officers and agents. 
 He also has special care and charge of the court-house, 
 subject to the direction of tlie Supervisors, and performs 
 such other services as may be retjuired of him by law. 
 
 8. Treasurer — The Treasurer receives all money
 
 100 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 payable to the county, and disburses it only on tlie 
 proper warrant or order signed by the Auditor and sealed 
 with the county seal. He also collects the taxes, and 
 keeps an exact and faithful record of all his receipts and 
 payments of public funds. 
 
 9. Recorder — The Recorder copies in full and at 
 length upon the books of his office all contracts, deeds, 
 mortgages, and other written instruments delivered to 
 him for that purpose, which in any way transfer, change, 
 or affect tlie title to property situated within the county. 
 
 10. Clerk — The Clerk keeps a record of all the pro- 
 ceedings of the District Court, and issues all writs, war- 
 rants, and process required by law or by order of the 
 court in such proceedings. He issues licenses for all 
 marriages to be solemnized, and keeps a register of all 
 births and deaths within the county. 
 
 11. Sheriflf — The Sheriff, by himself or deputy, 
 serves all writs and other legal process issued to him 
 by the court or other competent authority. He has 
 charge of the county jail, and is required to receive and 
 safely keep all persons duly committed to his custody 
 until they are lawfully discharged. 
 
 12. Conservator of the Peace — It is his duty to 
 prevent and suppress all violence and public offenses of 
 every kind, and when necessary may call to his aid any 
 citizen or citizens of the county. A citizen of the 
 county when called upon by the Sheriff to assist him in 
 preserving the peace or making an arrest cannot law- 
 fully refuse so to do. 
 
 13. County Attorney — As we have already noted in 
 the chapter upon the Judicial Department of the State, 
 the County Attorney is the public prosecutor or attorney 
 for the State in all prosecutions for crime committed
 
 COUNTIES AND COUNTY GOVERNMENT 101 
 
 within liis county. Tt is also his duty to appear for and 
 defend the county in all civil litigation, and give the 
 l)eneiit of his advice to the county officers in matters 
 relating to their official duties. 
 
 l-A. Supcrintendcut of Schools — As his title implies, 
 the Superintendent iias general supervision of the public 
 schools. He examines ap})licants for license to teach, 
 visits the schools from time to time, holds teachers' insti- 
 tutes, and makes annual report to the State Superin- 
 tendent as to the state and pi'ogress of public education 
 in his county. 
 
 15. Decides Appeals — The County Superintendent 
 is also autliorized to hear and decide all appeals properly 
 taken from any order oi* decision of a district Board of 
 Directors. 
 
 16. Surveyor — Tlie County Surveyor surveys lands 
 and establishes ])Oundary lines and corners whenever 
 called upon for tliat purpose by persons interested there- 
 in. Surveys made by him, within his county and prop- 
 erly recorded, are presumed to be correct until j) roved 
 to be otherwise. 
 
 17. Coroner — The Coroner is required to hold in- 
 quest upon the dead bodies of such persons as are sup- 
 posed to have died l)y unlawful means. He also per- 
 forms the duties of sheriff in the absence, disability, or 
 disqualification of that officer. 
 
 18. Terms of County Officers — County officers, ex- 
 cept members of the Board of Supervisors, are chosen 
 for terms of two years each, — the Auditor, Recorder, 
 Clerk, and County Attorney being elected in the even- 
 numbered years, and the Treasurer, Slieriff, Superin- 
 tendent of Schools, Surveyor, and Coroner in the odd- 
 numbered years.
 
 102 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 19. Elig-ibility of Women — Women are bylaw made 
 eligible to the offices of Recorder and Superintendent of 
 Schools. 
 
 20. Salaries aud Compensation — The salaries of 
 county officers are in some instances graded according to 
 the population of the counties ; in other instances are 
 left, in whole or in part, to the discretion of the Board 
 of Supervisors ; and in still others are wholly dependent 
 on the fees collected. 
 
 The following list shows wdtli substantial accuracy the 
 compensation received : 
 
 Auditor $1200 to $1500 
 
 Treasurer 1200 to 1500 
 
 Clerk 1100 to 1500 
 
 Attorney 300 to 1500 
 
 Sheriff 2300 to 3000 
 
 Recorder 1500 
 
 Superintendent 4 per day 
 
 Surveyor 4 " " 
 
 (to be paid by those who employ his services). 
 
 Coroner Fees (according 
 
 to the services performed). 
 
 The Sheriff and Recorder look wholly to the fees col- 
 lected by them for their salaries, but if the amount so 
 collected by either of them, in any one year, is in excess 
 of the limit above mentioned, the excess must be paid 
 into the county treasury.
 
 TOWNSHIPS AND TOWNSHIP GOVERNMENT 103 
 
 CHAPTEPw XXI 
 
 TOWNSHIPS AND TOWNSHIP GOVERNMENT 
 
 1. Congressional Townships — When the lands em- 
 braced within the State of Iowa were still owned by the 
 Government of the United States, they were surveyed, 
 in obedience to an act of Congress, into tracts, or Ijlocks, 
 six miles square, these blocks being in turn subdivided 
 into smaller blocks of one mile square. Each of the 
 large blocks is called a " Congressional township " or a 
 "township according to govermnent survey." The 
 smaller blocks or subdivisions are called " sections. " 
 As shown in the preceding chapter, the boundary-lines 
 of the counties are usually made to coincide ^^^th some 
 of these lines of the government survey. 
 
 2. Civil Townships — For the purposes of greater 
 convenience of local or neighborhood government, each 
 county is divided into smaller parts, each of which is 
 called a township. To distinguish these townships from 
 those of the government survey, they are usually spoken 
 of as " civil townships. ' ' 
 
 In most counties eacli congressional township is organ- 
 ized into a civil township, but there are quite frequent 
 exceptions to this rule. The division of the county into 
 townships is made by the Board of Supervisors, which 
 has the power to increase the number or change the 
 boundaries in such manner as it may deem wise. 
 
 3. Tow^nship Officers — In each civil township there 
 are three Trustees, one Clerk, two Justices of the Peace, 
 two Constables, one Assessor, and one or more Road 
 Supervisors.
 
 104 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 4. Trustees — Tlie townsliip Trustees act as overseers 
 of the poor, equalize the assessment of property for the 
 purposes of taxation, decide controversies as to l)0undary 
 fences between adjacent landowners, assess damages done 
 by trespassing animals, and serve as judges of election. 
 They also act as a board of health, and jDerform other 
 duties as may be required by law. 
 
 5. Justices of the Peace — A Justice of the Peace 
 has authority to sit as a court for the trial of all cases 
 coming within the limit of his jurisdiction. As has 
 been before explained, this jurisdiction in civil matters 
 is restricted to cases where the amount in controversy 
 does not exceed one hundred dollars, and in criminal 
 matters to cases where the punishment cannot exceed a 
 fine of one hundred dollars or thirty days' imprisonment 
 in the county jail. 
 
 6. Otlier Powers — lie may also solemnize marriages, 
 take the acknowledgment of deeds and other written 
 instruments, administer oaths, and, in the absence of the 
 coroner, may hold inquests upon dead bodies when the 
 circumstances call for such investigation. 
 
 7. Constables — The principal duties of Constables are 
 to serve notices and execute warrants and writs issued by 
 Justices of the Peace. They are also recjuired to serve all 
 notices and other process lawfully directed to them by 
 the Township Trustees, Township Clerk, or by any court. 
 
 8. Clerk — The Clerk keeps a record of the proceed- 
 ings of the Townsliip Trustees, acts as clerk of election, 
 makes out the road-tax lists for the use of the Poad Su- 
 pervisors, and receives and disburses the road tax collected 
 l)y tlie County Treasurer for the use of his township. 
 
 i). Assessor — It is the duty of the Assessor to make 
 and deliver to the Countv Auditor a list of all taxable
 
 CITIES AND TOWNS 105 
 
 property in las township, together with his estimate of 
 the vahie of each item of such pro{)erty. Tlie vahie tlms 
 fixed by him, after being revised and equalized by the 
 Township Trustees, is the basis upon which all taxes are 
 levied. Personal property is thus assessed every year, 
 but real estate is assessed once in two years. 
 
 lO. Ro'ad Supervisors — Each township is divided by 
 the Trustees into districts of convenient size, in each of 
 which a lioad Supervisor is elected. This snpervisor has 
 charge of the improvement and repairs of the public 
 roads in his district. He expends the moneys collected 
 for road purposes, and when any part of the road tax is 
 payable in labor he calls out the persons liable to such 
 duty and directs the manner in which it shall be per- 
 formed. 
 
 CHAPTER XXII 
 
 CITIES AND TOWNS 
 
 1. Incorporation — Until incorporated, a city, town, 
 or village is considered simply as a part of the civil 
 township in which it is situated, and has no distinct or 
 separate local government. Incorporation is a legal pro- 
 ceeding by which such city or town is granted certain 
 rights and jaivileges of local self-government. 
 
 2. How Obtained — Incorporation is obtained by ap- C^Jij^ 
 plying to the District Court and (tl)taining an order for,-wL«txX 
 an election to be held in the territory proposed to be in- i^i^t 
 corporated. If a majority of votes is cast in its favor the ^ V . 
 incorporation is complete, and another election is called 
 
 for the selection of officers. When spoken of as a class, 
 cities and towns thus set apart and granted powers of
 
 106 IOWA, ITS STATE ANB LOCAL GOVERNMENT 
 
 local self-government, are usually called Municipal Cor- 
 porations. 
 
 3. Classes — The municipal corporations of this State 
 are — 
 
 1 . Cities of the first class ; 
 
 2. Cities of the second class ; 
 
 3. Incorporated towns. 
 
 4. Incorporated Town — A municipal corporation 
 having less than two thousand inhabitants is called an 
 Incorporated Town, 
 
 5. Elective Oflfleers — The elective ofiicers of an in- 
 corporated town are one Mayor, one Recorder, and 
 six Trustees, who together constitute the town council. 
 
 The council may by ordinance provide for the election 
 of a treasurer and such other subordinate ofiicers as it 
 may deem necessary for the purposes of good govern- 
 ment. 
 ^' 6. Mayor — The Mayor is the chief executive officer 
 ^ , ,of the town, presides at the meetings of the council, and 
 .^ y has a vote on all questions coming before it. He is also 
 J^ a magistrate with the powers of a justice of the peace, 
 V ^ and has exclusive jurisdiction to try persons charged with 
 violation of the town ordinances. 
 y. 7. Kecorder — The Recorder is clerk of the corpora- 
 tion, and keeps a record of all the proceedings of the 
 council. He has no vote in the council. 
 
 8. Treasurer — The Treasurer has custody of all 
 moneys belonging to the town, and pays them out upon 
 the order of the council and warrant of the Recorder. 
 
 9. Assessor — The duties of the Assessor within the 
 town are similar to those of a township assessor, which 
 are explained in the preceding chapter. An Assessor 
 is also elected in each city of the first and second class. 
 
 y"-
 
 CITIES AND TOWNS 107 
 
 10. Marshal — Tlie e ou ivoil a]ipoints a Marsha l, who Jj^ 
 has the powers of a constable. He executes tlie i)rocess4l^ 
 
 of the Mayor, and preserves tlie pubhc peace and order 
 within the limits of the town. 
 
 11. Powers of Incorporated Town — Every incor- 
 porated town has power to prevent and suppress nui- 
 sances, riots, and breaches of the peace, to lay out and 
 improve streets, to provide I'egulations against danger 
 from lire, to prevent animals from running at large, to 
 construct or permit the construction of water- works, and 
 in general to do all those tliinu-s which arc necessary 
 and reasonable to preserve the public peace and promote 
 the safety and convenience of its inhabitants. 
 
 12. Terms of Office — The six trustees of an incor- 
 porated town are elected for terms of three years, but 
 are so classitied that two are chosen at each annual elec- 
 tion. The other elective officers serve terms of oqc year^^ 
 each. ^'c/^'^~ — 
 
 13. Ordinances — The local laws and regulations en- 
 acted by the council are called ordinances. Persons vio- 
 lating these ordinances may be punished by fine or 
 imprisonment. 
 
 14. Cities of the Second Class — Municipal corpo- 
 rations having more than two thousand and less than fif- 
 teen thousand inhabitants are cities of the secoi d class. 
 
 15. Powers — Cities of the second class have all the 
 powers and privileges of incorporated towns, together 
 with certain additional privileges relating to public im- 
 provements and the regulation of business done within 
 the city limits. 
 
 16. Wards — Each city is subdivided into smaller 
 parts called wards. In each ward the qualified voters 
 elect two members of the city council for terms of two
 
 108 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 years — one being elected eacli year. Members of the 
 council are commonly called conncilmen or aldei-men, 
 
 17. Mayor — The Mayor of a city of the second class 
 is elected for two years. lie jn-esides at the meetings 
 of the council, but has no vote upon questions coming 
 before it except in cases of a tie. He is also a magis- 
 
 'V; trate with the same powers as the major of an incor- 
 porated town. 
 
 18. Solicitor — Tlio City Solicitor is also elected for 
 two years. lie is the legal adviser of t'.e city and its 
 officers, and represents its interests in all litigation. 
 
 19. Clerk — The Clerk is appointed by the council, 
 and performs duties similar to those required of the 
 Recorder of an incorporated town. 
 
 20. Marshal, etc. — A Marshal, Street Commissioner, 
 and as many policemen as are deemed necessary are 
 appointed by the council. 
 
 21. Cities of First Class — All cities having more 
 than fifteen thousand inhabitants rank as cities of the 
 first class. 
 
 22. Officers — The officers of a city of the first class 
 are Mayor, Conncilmen, Solicitor, and Treasurer, having 
 in general substantially the same powers as are exercised 
 by officers of like name in cities of the second class. In 
 addition to tliose named, each city of this class elects an 
 Auditor, who keeps the books and accounts of the corpo- 
 ration ; a Police Judge, who hears and decides cases aris- 
 ing under the city ordinances; and an Engineer, who 
 surveys and determines the grades of streets and does 
 other skilled work of that nature. 
 
 23. Police — The Mayor of a city of the first class 
 appoints the members of the police force, including a
 
 CITIES AND TOWNS 109 
 
 Marshal or Chief of Police, who hold their ofHce during 
 his pleasure. 
 
 24. Superior Court — Any city containing a popula- 
 tion of seven thousand or more may by vote of its (piali- 
 fied electors establish a Superior Court. The judge of 
 this court is elected at a regular city election, and holds 
 his office for a term of four years. 
 
 25. Jurisdictiou — The Superior Court has exclusive 
 jurisdiction to try and determine all actions for violation 
 of the city ordinances. It also has the power and au- 
 thority usually exercised by justices of the peace, and 
 in most civil matters exercises equal jurisdiction with 
 the District Court. 
 
 20. Salary of Judge — A judge of the Superior 
 Court receives a salary of $2000 per year, one half of 
 which is paid from the city treasury and the other half 
 from the county treasury. 
 
 27. Number — Council Bluffs, Cedar Kapids, and 
 Keokuk are the only cities in the State now maintaining 
 a Superior Court. 
 
 28. Annual Elections — Except in some citiesjjnd^ 
 special charters, the regular annual election for all city 
 and town officers takes place on the-fo'eHiTonday in March. 
 
 29. Special Charters — It will be remembered that 
 the present Constitution of the State (06) prohibits the 
 incorporation of cities by special act of the Legislature, 
 but at the time this provision was adoped a few of the 
 older cities had already been incorporated by that method. 
 
 Of these cities, Dubuque, Keokuk, Davenport, and 
 Cedar Rapids still retain their special charters granted 
 under the old Constitution, but their government does 
 not differ in essential particulars from that of other cities 
 of the first class.
 
 110 IOWA, ITS STATE AND lOCAL GOVERNMENT 
 
 30. Abandonment — Any city or incorporated town 
 may abandon its corporate government by vote of its 
 qualified electors at an election called for that purpose. 
 
 If at sucli election two thirds of the votes cast are in 
 favor of the proposition and all corporate debts are paid, 
 the corporation will be discontinued. 
 
 CHAPTER XXIII 
 
 SCHOOL DISTKICTS 
 
 1. Districts — Each civil township is a School District 
 and is ordinarily subdivided into smaller parts called sub- 
 districts. The township when spoken of in its capacity 
 as a school district is called a District Township. 
 
 2. Directors — Annually on the first Monday in March 
 each sub-district elects a sub-director and the sub-directors 
 thus elected together form a Board of Directors for the 
 district township. 
 
 3. Government — Tlie management of district affairs 
 is exercised in part l)y the voters assembled in annual 
 meeting and in part by the board of directors. 
 
 4. Annual Meeting — On the second Monday in 
 March of each year the voters of the district townsliip 
 convene in a mass or general meeting. When thus 
 legally assembled they consider and determine many 
 matters relating to district government, among the most 
 important of which is the voting of taxes for the con- 
 struction of schoolhouses and for the jDurchase of grounds. 
 
 5. Organization of Board — The Board of Directors 
 holds regular meetings on th^ third Monday of March 
 and third Monday of September in each year. At the 
 March meeting annually the members elect a president
 
 SCHOOL DISTRICTS 111 
 
 from their own nuiul)er ; and at tlie September meeting 
 they also elect a secretary and a treasurer from the town- 
 sliip at large. 
 
 O. Powers of Board — The Board of Directors 
 makes all contracts, purchases, sales, and payments neces- 
 sary to carry out any vote of the district, and, subject 
 to the powers vested in the annual meeting of the voters, 
 it has full charge and control of the schools and school 
 property within the district. 
 
 7. Powers of Sub-Directors — Under such reason- 
 able rules and regulations as the board may adopt, each 
 sub-director provides fuel for the school in his sub-dis- 
 trict, employs teachers, keeps the buildings in re])air, 
 and has general control and management of the school- 
 house. 
 
 8. ludepencleut Districts — Any city, town, or vil- 
 lage may be made into a separate Independent School 
 District by vote of the people at an election called for 
 that purpose. The sub-districts of a district township 
 may also become Independent Districts when a majority 
 of the votes cast in each sub- district is in favor of such 
 independent organization. As a general rule all cities 
 and towns are organized as Independent Districts, while 
 in agricultural communities the district township system 
 is retained. 
 
 9. Board of Directors — Subject to the rights of the 
 voters in annual meeting, the government of an inde- 
 pendent district is vested in a Board of Directors. In 
 districts having more than five hundred inhabitants the 
 board has six members, and in districts of less popula- 
 tion t hree member s.. They are elected for three years 
 each, but their tenns are so ^assified that one third of 
 
 the members is chosen at each ail mial election. •, ' <:l,,\ACJm>-*^^
 
 112 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 10. Officers — The directors elect a President from 
 their own number, and a Secretary and Treasurer from 
 the district at large, the same as is done in district 
 townships. 
 
 11. Election — The regular annual election and the 
 annual meeting of the voters in each independent dis- 
 trict occur together on the second Monday in March. 
 
 12. Schools — Under the system prevailing in this 
 State every sub-district and independent district is sup- 
 j)lied with at least one common school. The number of 
 schools in each sub-district and independent district, and 
 the location of the schoolhouses, are left to the discretion 
 of the Board of Directors. 
 
 13. School Year — Twenty-four weeks of five days 
 each constitute a school year. During this period a 
 school must be taught in each sub- district and inde- 
 pendent district for "the instruction of children and 
 young people between the ages of five and twenty-one 
 years. . In actual practice most of the schools of the 
 State are in session from thirty- two to forty, weeks in 
 each year. 
 
 14. Branches Taught — In these schools pupils are 
 instructed in reading, writing, spelling, arithmetic, 
 geography, grammar, physiology, hygiene, and elemen- 
 tary civics and economics, with such additional branches 
 as the voters may determine upon at their regular annual 
 meeting. 
 
 15. How Supported — The moneys arising from the 
 permanent and temporary school funds of the State, 
 though of great importance, furnish but a comparatively 
 small part of the support of the common schools. The 
 remainder required for such support is suj^jjlied by taxa- 
 tion in the several districts according to theii" needs.
 
 TAXATION 113 
 
 16. Scliools Free — The scliools of each district are 
 entirely free to all persons of the j^roper age residing 
 therein. If, however, there are two or more schools in 
 the district where the pupil resides, the directors are 
 authorized to decide which school he may attend. 
 
 CHAPTER XXIV 
 
 TAXATION 
 
 1. Assessment — We have already learned that prop- 
 erty is assesssd or valued for taxation hy Assessors elected 
 for that purpose in the several townships, towns, and 
 cities of the State. 
 
 2. Equalization — When the assessors have completed 
 their work the lists are submitted for examination and 
 correction to the township trustees, or town or city 
 council, as the case may be, acting as a Board of Equal- 
 ization. The board also hears and decides complaints 
 of those who dispute or criticise the estimates made by 
 the assessors. 
 
 3. State Taxes — The rate of taxation for State pur- 
 poses is determined by the General Assembly, and notice 
 thereof is transmitted by the State Auditor to each 
 County Auditor. 
 
 4. County Taxes — The rate for county purposes is 
 fixed by the Board of Supervisors in each county. 
 
 5. School Taxes — Taxes for school purposes are 
 usually divided into three accounts or funds, known re- 
 spectively as the Schoolhouse, Teachers', and Contingent 
 Fund. The tax for tlie Schoolhouse Fund is voted by 
 the people of each district at their annual meeting, while 
 the amounts required forthe other funds are estimated by
 
 114 IOWA, ITS STATE AND LOCAL GOVERNMENT 
 
 the Board of Directors — all of which is certified by the 
 directors to the County Auditor. 
 
 6. Municipal Taxes — Taxes for town and city pur- 
 poses are fixed by the council of each town or city ac- 
 cording to its needs, and are likewise certified to the 
 County Auditor. 
 
 7. Levy — The Board of Supervisors at its regular Sep- 
 tember meeting in each year proceeds to order the col- 
 lection of all the various taxes which have been properly 
 certified to the Auditor, together with the taxes it deter- 
 mines upon for county purposes. With the rates thus 
 fixed the Auditor makes up the tax lists and delivers 
 them to the County Treasurer on or before the 31st day 
 of December. 
 
 8. Collection — It is the duty of every person subject 
 to taxation to attend at the oflice of the Treasurer at 
 some time between the first Monday in January and the 
 first Monday in March and pay his taxes in full ; or he 
 may at his option pay one half thereof at any time before 
 the first Monday of March and the other half before the 
 first of September without extra charge or penalty. 
 
 If the taxes are not paid as above stated they are said 
 to be delinquent, and a penalty of one per cent per month 
 is thereafter added. 
 
 9. Tax Sale of Lands — On the first Monday in De- 
 cember of each year the Treasurer after due notice oilers 
 at public sale all lands, town lots, and other real estate on 
 which any taxes remain delinquent. 
 
 10. Redeniptioii — A person having real estate whicli 
 lias been sold for taxes may redeem the same at any time 
 within three years by paying to the Auditor the amouut 
 for whicli it was sold with a penalty of ten j)er cent and 
 accumulated interest. If not so redeemed, the purchaser
 
 TAXATION 115 
 
 after due notice to the OM'iier may apply to the Treasurer 
 and receive a deed. If the proceedings have been reg- 
 ular, the origiiial owner loses all title to the j)roperty 
 conveyed by such deed. 
 
 1 1. Sale of Personal Property — The Treasurer may 
 also seize and sell the personal property of the delincpicnt 
 taxpayer to enforce payment of taxes ; but where there 
 is real estate from which the collection can be made 
 other remedies are not ordinarily employed. 
 
 12. Taxation of Railroads — All railroad property 
 in the State is assessed by the Executive Council. This 
 valuation is made at an average sum per mile of road, and 
 depends upon the earnings of the several corporations 
 and all other matters necessary to enable the council to 
 make a just and equitable assessment.
 
 INDEX 
 
 TO IOWA SUPPLEMENT. 
 
 [For General Index to the book, see page 287.] 
 
 PAGE 
 
 Adjournment of General As- 
 sembly 14 
 
 Adjutant-General 7(5 
 
 Administration of justice 84 
 
 Admission as a Stsite 37 
 
 Agricultural College 78, 91 
 
 Amendment of bill 14, CO 
 
 constitution 33,93 
 
 Amendments adopted 94 
 
 Annual school meeting 110 
 
 Appeal 24, 80 
 
 Appointments to fill vacancies 96 
 
 Assessment of taxes. 113 
 
 Assessors 104, 10(5 
 
 Asylums 78 
 
 Attainder, bills of 10, 51 
 
 Attorney-General 26, 73 
 
 Auditor of State 23, 72 
 
 County... 99 
 
 Bail, excessive 10, 50 
 
 right to 9,49 
 
 Ballot, Australian .56 
 
 Basis of representation 66 
 
 Bills, passage of 14, 60 
 
 title of 17,64 
 
 when returned 14, 61 
 
 Board of Equalization 113 
 
 Health 76 
 
 Boundaries of Iowa 6,-34 
 
 Bridges 99 
 
 Capital of State 35, 97 
 
 Census 18, 65 
 
 Chancery and law 24, 80 
 
 Cities of first class 108 
 
 second '" 107 
 
 Citizenship 53 
 
 Claims against county 99 
 
 Clerk, city 108 
 
 county 100 
 
 of supreme court 81 
 
 Collection of taxes 114 
 
 Commerce 89 
 
 Commissioner of labor 76 
 
 Common schools 112 
 
 Conservators of the peace. . 24, 82, 100 
 Constables 104 
 
 PAGE 
 
 Contracts for schools Ill 
 
 Constitution, development of. ... 38 
 
 as an outline 41 
 
 sujjreme law 35 
 
 Convention, constitutional 33, 94 
 
 Coroner 101 
 
 Corporations : 
 
 banking 29, 89 
 
 for profit 87 
 
 for otlier purposes 87 
 
 how created 29, 88 
 
 municipal 29, 88 
 
 name of 87 
 
 State not a shareholder 29, 88 
 
 taxable 29, 88 
 
 utility of 87 
 
 Cotinties, number and area 98 
 
 County Attorney 100 
 
 Clerk 100 
 
 officers 98 
 
 terms of 101 
 
 Courts : 
 
 District 34,80 
 
 jurisdiction of 24, 82 
 
 Justices' 34, 95 
 
 Superior 109 
 
 Supreme 2.3,79 
 
 jurisdiction of 24, 80 
 
 Dairy commissioners 77 
 
 Delinquent taxpayers 115 
 
 Directors of school district 110 
 
 Discovery of Iowa 36 
 
 Distribution of powers 12, 57 
 
 Districts, representative 19, 65 
 
 school 92, 110 
 
 senatorial 19, 65 
 
 Divorce 17, 63 
 
 Duelling 8 
 
 Early settlement 39 
 
 Elections, contested 20, 68 
 
 by general assembly 19, 68 
 
 Electors, pi-ivileges of . . 11, 54 
 
 Equalization of taxation 113 
 
 Esclieats 32, 91 
 
 Executive council 73 
 
 117
 
 118 
 
 INDEX 
 
 PAGE 
 
 Fire, protection against 107 
 
 Foreigners, rights of 10,51 
 
 Free schools 113 
 
 Freedom of speech 8. 46 
 
 General assetably : 
 
 duties of 21, 69 
 
 election 20, 67 
 
 eligibility 20, 68 
 
 term of office 22, 70 
 
 Government, nature of. 43 
 
 Habeas corpus 9, 49 
 
 High schools, county 92 
 
 High-school departments 92 
 
 Historicn,! department 78 
 
 History of Iowa 36 
 
 Impeachment 15, 61 
 
 Imprisonment for debt 10, 50 
 
 Incorporated towns 106 
 
 offlcersof.... 106 
 
 powers of 107 
 
 Incorporation of cities 105 
 
 Indebtedness of municipalities.. 34, 96 
 
 state 27, 85, 86 
 
 Independent school districts. .. . Ill 
 Indictable offenses 48 
 
 Judges. See Courts. 
 
 Judicial Department 23, 79 
 
 districts 25 
 
 Jurisdiction, defined 95 
 
 Jury 
 
 Grand ,. 26,83 
 
 right to trial by 8, 47 
 
 Trial 83 
 
 Justice of the Peace 34, 104 
 
 Laws, special, prohibited 17, 64 
 
 take effect, when 17, 63 
 
 Lease of agricultural lands 10, 52 
 
 Legislative powers of nation 40 
 
 State 40 
 
 Levy of taxes 114 
 
 Lieutenant-Governor 20, 22, 67 
 
 president of senate 22, 71 
 
 Liquor, manufacture and sale of . 10 
 Lotteries 17,03 
 
 Majority, rule of 44 
 
 Marriage license 100 
 
 Marshal 107, 108 
 
 Mayor 106, 108 
 
 Military subordinate to civil 
 
 power 9, 49 
 
 Mihtia 9,26,84 
 
 Mine inspectors 76 
 
 Monarchy verxus Republic 44 
 
 Municipal corporations, classes of 106 
 Municipal elections 109 
 
 National Guard 84 
 
 New counties, area of 3), 95 
 
 Non-elective State officers 75 
 
 Normal school 78, 92 
 
 PAGE 
 
 Oath of general assembly 18, 64 
 
 public office 34, 9G 
 
 Oil inspector 76 
 
 Ordinances 107 
 
 Pardon 22,70 
 
 Penitentiaries 78 
 
 Petition, right of 10, 51 
 
 Petty misdemeanors 9, 48 
 
 Police 108 
 
 Political power 43 
 
 Printer and binder 77 
 
 Private property, seizure of 10, 50 
 
 Process, style of 82 
 
 Public credit 27, 85 
 
 education 90 
 
 roads 99, 105 
 
 Railroad Commissioners 74 
 
 Recorder 106 
 
 Redemption of real estate 114 
 
 Reformatories 78 
 
 Register of births and deaths 100 
 
 Religious liberty 7, 44 
 
 Reporter 81 
 
 Residence 54 
 
 Rights, natural 43 
 
 political 7, 43 
 
 Riots 107 
 
 Road supervisors ... 105 
 
 Sale of personal property for 
 
 taxes 115 
 
 Salaries of cotmty officers 102 
 
 judicial " 83 
 
 State " 74 
 
 Schedule 35, 97 
 
 School funds 31, 86, 90 
 
 distribution of 33, 91 
 
 School year, 112 
 
 Seal 23, 72 
 
 Search-warrants 8,46 
 
 Secretary of State 23, 72 
 
 Sheriff ... 100 
 
 Slavery 10,51 
 
 Solicitor 108 
 
 Special charters 109 
 
 State constitutions, differences in 38 
 
 State librarian 77 
 
 State University 78,9! 
 
 Statutes 42 
 
 Studies in common schools 112 
 
 Succession in office 22, 71 
 
 Suffrage, importance of 53 
 
 qualifications for 11, 53 
 
 partial 53 
 
 Supervisors 98 
 
 duties of board 98 
 
 meetings 99 
 
 Superintendent of Public Instruc- 
 tion 73 
 
 Support of schools 112 
 
 Supremacy of nation 41 
 
 State 41 
 
 Survej-or 101 
 
 Taxes 113 
 
 Taxation of railroads 115
 
 INDEX 
 
 119 
 
 PACK 
 
 Tax sale of lands 114 
 
 Temporary school fund 91, 112 
 
 Terms of office 74 
 
 Tie vote 68 
 
 Township clerk 104 
 
 officers 103 
 
 trustees 104 
 
 Townships, civil 103 
 
 congressional 103 
 
 Transportation 89 
 
 Treason... 9,49 
 
 Treasurer of State 23, 73 
 
 Trial by jury 8,47 
 
 PAGE 
 
 University fund 27, 31 
 
 Vacancies in ofHce 35, 90 
 
 Variety of local government.. . . 38 
 
 Veto 14, 60 
 
 Voting, manner of 12,55 
 
 War debts 28, 86 
 
 Wardens 77 
 
 Wards 107 
 
 Water-works 107 
 
 Women eligible to office 102
 
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