i)sm 
 
 ^^^^^^^mm^mmfm^i:^m:m^i
 
 v\ 
 
 THE LIBRARY 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 HISTORY 
 
 Civil Government 
 
 IOWA. 
 
 FOR THE USE OF NORMAL AND PUBLIC SCHOOLS, TEACHERS 
 INSTITUTES, AND PRIVATE INSTRUCTION. 
 
 • P» 
 
 GEO. CHANDLER, 
 
 Superintendent of City Schools, Osage, Iowa. 
 
 CHICAGO: 
 
 A. FLANAGAN. 
 
 1890.
 
 COPYRIGHT 1S84 
 
 BY A. FLANAGAN.
 
 PREFACE. 
 
 L 3 2S 
 /f90 
 
 t'HIS little book has been prepared in answer to a de- 
 mand for a text-book on the civil government of 
 Iowa, for the use of schools and institutes. A 
 *^ knowledge of the workings of our government is 
 essential to good citizenship, but this branch of study has 
 been sadly neglected even in the graded schools of the State. 
 This neglect has been due to the fact that the means of ac- 
 quiring infoi-mation upon the subject are not available. 
 The Code and Session Laws contain the necessary facts, 
 but in such form that they are of but little use to the pupil. 
 The object of the book^is to give briefly a history of the 
 settlement and growth of the State, an account of her va- 
 rious institutions, and to show the workings of the govern- 
 ment as provided for in the constitution and seen in state, 
 district, county, town, and township. The Appendix 
 contains much valuable additional matter concerning a 
 number of societies and state officers not contained in for- 
 mer editions. 
 
 That the book will be kindly received by those who de- 
 sire information upon this much neglected subject is the 
 hope of 
 
 The Author. 
 Osage, Iowa, June 2, 1890. 
 
 1524864
 
 CONTENTS. 
 
 Page. 
 HISTORY OF IOWA S 
 
 STATE INSTITUTIONS.— University— Normal School -Agricultural 
 Colleg-e — College for Blind, Deaf and Dumb — Soldiers' Home — Feeble- 
 Minded — Reform School — Penitentiaries . . '3-19 
 
 CONSTITUTION OF IOWA 22 
 
 Civil. GOVERNMENT OF IOWA 53 
 
 liECJlSIfATIVE DEPARTMENT. — House of Representatives — 
 When Chosen — Qualifications — Vacancies — Powers — Composition of Sen- 
 ate — Number — Howr Classed — Oath of OiBce — Salary — Privileges — Penal- 
 ties — Prohibitions ^3"76 
 
 EXECUTIVE DEPARTMENT 79 
 
 JUDICIAL DEPAMtTMENT 84 
 
 MI LITI A.— State Debts— Corporations— Education— Amendments— Mis- 
 cellaneous Article XI 8s~9X 
 
 STATE.— Auditor — Secretary — Treasurer — Executive Council — Superinten- 
 dent Public Instruction — Attorney General — State Binder — Railroad Com- 
 missioners — State Librarian 95-103 
 
 COURTS. — Supreme — District — Circuit Courts — Congressional Districts. 104 -102 
 
 SENATORIAL. DISTRICTS 114 
 
 REPRESENTATIVE DISTRICTS iit 
 
 COUNTIES.— Officers— Board of Supervisors— Auditor— Treasurer— Clerk 
 of Courts — Sheriff^Recorder — Superintendent of Schools — Surveyor — Coro- 
 ners — Notaries Public 11S-134 
 
 TOWN AND CITV GOVERNMENT.-Officers-Mayor-Council- 
 Marshal — Treasurer — Auditor — Civil Engineer — Police Judge — M;irUt;t Su- 
 perintendent — Incorporate Town Officers '3S'33 
 
 TOWNSHIP GOVERNMENT.— Officers— Assessor— Justice of the 
 
 Peace — Constables i^() 146 
 
 COUNTIES OF IOWA.— Origin of name— County Seat— Population.. i5i 
 
 OUTUIIVES IS7 
 
 FORMS 164 
 
 APPENDIX 167
 
 HISTORY OF IOWA. 
 
 Iowa, " The Beautiful Land," was discovered by 
 James Marquette and Louis Joliette, in 1673. Upon 
 the right of discovery, so-called, France based her 
 claim, not only to Iowa, but to all the lands along 
 which her subjects sailed. Ninety years later, 1763, 
 the French king ceded his possessions in the Valley of 
 the Mississippi, to Spain. In 1800, Napoleon com- 
 pelled Spain to make a secret cession of this territory 
 to him, and, two years later, he ceded it to the United 
 States for $15,000,000. This tract of land, known as 
 the Louisiana Purchase, was so vast that the price per 
 acre amounted to less than two and one-half cents. 
 
 In 1788, Julien Dubuque obtained permission from 
 three chiefs of the Sacs and Foxes to dig for ore on 
 the west bank of the Mississippi. The same year, he 
 staked out a claim containing nearly two hundred 
 square miles, and opened several lead mines, which he 
 continued to work until the time of his death, in 1810. 
 Dubuque, with his ten associates, formed the first set- 
 tlement made by the whites in Iowa, and the city and 
 county of Dubuque were named in his honor. Other 
 Frenchmen settled at Montrose and opposite Prairie 
 du Chien about the beginning of the present century, 
 but the settlements were very feeble. 
 
 —5—
 
 O HISTORY OF IOWA. 
 
 In 1804, the Louisiana Purchase was divided by 
 the thirty-third parallel of north latitude, the southern 
 part to be known as the territory of Orleans, the north- 
 ern part, as the district of Louisiana. The district of 
 Louisiana, embracing the present States of Arkansas, 
 Missouri, Iowa and Minnesota, and the unexplored 
 regions westward to the Rocky Mountains, was attached 
 to Indiana, with William Henry Harrison for first gov- 
 ernor. Eight years later, Iowa was organized as a part 
 of the territory of Missouri. In 1S21, when Missouri 
 was admitted into the Union as a state, Iowa was left 
 " out in the cold," politically, and no provision was 
 made for the remainder of the Louisiana Purchase 
 until 1834, when it became a part of the territory of 
 Michigan. This connection lasted but a short time, 
 however, for two years later, Iowa became a part of the 
 territory of Wisconsin, then formed. 
 
 In 1838, that part of the territory of Wisconsin 
 lying west of the Mississippi was organized as the 
 territory of Iowa, and Robert Lucas, of Ohio, was 
 appointed first governor. Under his direction, the first 
 census was taken, members of the legislature were 
 chosen, and civil government in Iowa was begun. The 
 act of congress that provided for the organization of 
 this territory gave the governor full power to veto any 
 and all acts of the legislature. 
 
 In 1840, and again in 1842, attempts were made 
 to call a convention to draft a state constitution, but 
 without success. In 1844, however, a convention called 
 for this purpose, met at Iowa City, and drafted a con- 
 stitution, which prescribed boundaries differing very 
 materially from the present boundaries of Iowa. Within 
 these limits were included a large part of what is now
 
 HISTORY OF IOWA. *J 
 
 Minnesota, as well as all of Iowa, except a small por- 
 tion of the northwestern part of the state, embracing 
 the counties of Lyon, Osceola and Sioux, and parts of 
 three or four adjoining counties. 
 
 These boundaries proved to be unsatisfactory to 
 congress, and new ones were proposed by that body. 
 The meridian of 17° 30' west from Washington was to 
 be the western boundary, and the northern boundary 
 was changed so as to limit the state in that direction 
 also. In April, 1845, this constitution, owing to the 
 dissatisfaction with regard to boundaries, was rejected 
 by the people. After another unsuccessful attempt in 
 the following year, a constitution with the present 
 boundaries, which had been proposed by congress, was 
 adopted Aug. 3, 1846, and Dec. 28, of the same year, 
 Iowa, the twenty-ninth state, was admitted to the 
 Union. 
 
 Reference has already been made to the early set- 
 tlements in Iowa. The permanent settlement of the 
 state did not begin until after the close of the Black 
 Hawk war, in 1832. In June of the next year, people 
 from Illinois, Wisconsin and Michigan pushed across 
 the Mississippi and staked out claims at Fort Madison, 
 Burlington, Davenport, and several other places along 
 the river. 
 
 A noted author, in speaking of these settlers, says, 
 " The pioneers of Iowa, as a class, were a brave, hardy, 
 intelligent and enterprising people. Among those who 
 have pioneered the civilization of the West and been 
 founders of great states, none have ranked higher in 
 the scale of intelligence and moral worth than the 
 pioneers of Iowa who came to the territory when it 
 was still an Indian country, and through hardship,
 
 8 HISTORY OF IOWA. 
 
 privation and suffering, laid the foundations of this 
 great and prosperous commonwealth, which to-day dis- 
 penses her blessings to more than a million and a half 
 of people. In all the professions, arts, industries and 
 enterprises which go to make up a great and prosper- 
 ous people, Iowa has taken and holds a front rank 
 among her sister states of the West." 
 
 The territory obtained from the Indians by the 
 Black Hawk Purchase extended along the Mississippi 
 from the northern boundary of Missouri to the mouth 
 of the Upper Iowa River. The strip averaged about 
 fifty miles in width and contained nearly six millions 
 of acres, or about one-sixth of the present area of 
 Iowa. 
 
 In a former treaty with the Sac and Fox Indians, 
 a valuable tract of land, containing nearly one hundred 
 and thirteen thousand acres, was reserved for the half- 
 breeds of these tribes. This land was situated in what 
 was afterwards the southern part of Lee county. The 
 covetous eyes of land speculators were soon turned 
 towards this reservation, and companies were formed 
 for the purpose of purchasing the rights of the half- 
 breeds to the soil. As might have been expected, con- 
 flicting claims arose, and several years were spent in 
 litigation. At last the supreme court appointed com- 
 missioners to settle the vexing question. These men 
 divided the tract into one hundred and one shares, and 
 the titles granted by them were afterwards declared 
 valid by the courts. 
 
 In 1842, the government made another treaty 
 with the Sacs and Foxes, and by its terms gained pos- 
 session of the remainder of the lands belonging to 
 those tribes in Iowa. The Indians were to retain pos-
 
 HISTORY OF IOWA. 9 
 
 session of the land till the first of May, 1843. This 
 region had been thoroughly explored by the whites, 
 but the United States authorities had prevented any 
 settlements from being made. As the time for the 
 opening of the land to settlers drew near, hundreds of 
 families encamped along the line ; and by sundown of 
 May 1st, over one thousand families had settled in this 
 new territory. These settlers were simply squatters^ 
 for the lands occupied by them had never been sur- 
 veyed, and still belonged to the general government. 
 Under the laws of the United States, then in force, 
 all lands subject to settlement were to be offered at 
 public sale and sold to the highest responsible bidder. 
 If the land could not be sold for want of bidders, 
 actual settlers acquired the right to enter it at the 
 minimum price of a dollar and a quarter per acre. 
 Many old settlers of Iowa are now living upon the land 
 which they occupied before the land sale, as it was 
 
 called. 
 
 GROWTH. 
 
 When Iowa was admitted into the Union, there 
 were twenty-seven organized counties, but immigra- 
 tion had been so rapid that many of the one hundred 
 thousand settlers had founded homes for themselves 
 even before the laitds were surveyed or the counties 
 organized. 
 
 The first session of the legislature of the territory 
 of Iowa convened at Burlington in 1839. Nearly all 
 of its meetings were held in the M. E. church of that 
 place. In the early part of the session, three commis- 
 sioners were appointed to select a site for a permanent 
 seat of government within the limits of Johnson 
 .county. The commissioners selected a section of land,
 
 lO HISTORY OF IOWA. 
 
 caused it to be surveyed into town lots, and in accord- 
 ance with an act of the legislature, named the place 
 Iowa City. Work on the public buildings was begun 
 at once, and on July 4, 1840, Gov. Lucas reported to 
 the legislature that the foundation of the capitol was 
 nearly completed. 
 
 At the first session of the state legislature, it was 
 decided that Iowa City was too near the eastern bound- 
 ary of the state for a permanent seat of government. 
 It was accordingly determined to re-locate the capital 
 at some point more centrally located. The commis- 
 sioners appointed to select the new site chose five 
 sections of land in the southwestern part of Jasper 
 county, and called the town which they laid out, 
 Monroe City. The public buildings at Iowa City were 
 to be given to the State University, which had been 
 established the year before. 
 
 But Monroe City did not thrive, and the legisla- 
 ture continued to meet at Iowa City. In 1855, an act 
 was passed removing the capital to Des Moines, and, 
 three years later, the legislature began its work at that 
 place. In a few years the capitol building was found 
 to be inadequate to the wants of the growing state, 
 and, in 1870, the sum of $150,000 was appropriated 
 for a new building. Other appropriations, amounting 
 to nearly $2,500,000, have been made from time to 
 time, and, at the present writing, the Twentieth Gen- 
 eral Assembly holds its meetings in this new capitol, a 
 building worthy of the great state of Iowa. 
 
 Upon her admission to the Union, Iowa received 
 a grant of 500,000 acres of land, in accordance with an 
 act of congress, approved Sept. 4, 1841. By another 
 act, passed March 3, 1845, the sixteenth section of each
 
 HISTORY OF IOWA. H 
 
 unorganized congressional township was set apart for 
 school purposes. The latter act also appropriated 
 46,080 acres of land to aid in establishing a State Uni- 
 versity. The state constitution provides that the 
 money obtained from the sale of these lands (the Uni- 
 versity grant excepted), shall be and remain a perpet- 
 ual fund for the support of schools throughout the 
 state. The permanent school fund is made up of the 
 proceeds of these grants, together with the money 
 obtained from the sale of estates of persons deceased 
 without heirs, and what is known as the " Fiv^e Per 
 Cent. Fund. The permanent school fund was founded by 
 an act of Congress, which set apart five per cent, of all mon- 
 eys received from the sale of public lands within their bor- 
 ders. Several law suits growing out of the location of 
 lands by soldiers' warrents, have arisen in this and 
 other states, and the matter is still in the courts. 
 
 The interest upon this fund is distributed to the 
 different counties twice a year, and forms a part of 
 what is called the semi-annual apportionment. The 
 fund itself can never be diminished or appropriated to 
 any other use. The permanent school fund at the 
 present time amounts to about $4,000,000, from which 
 about $124,000 interest is received semi-annually and 
 apportioned among the several counties according to 
 their respective populations of school age. 
 
 Thus it will be seen that at an early date in our 
 history, provision was made for the establishment and 
 support of the common schools. Even before the 
 early settlers had erected comfortable houses for them- 
 selves, they began to look about them for means with 
 which to build school houses. Voluntary contribu- 
 tions of logs and other materials were made by those
 
 12 HISTORY OF IOWA. 
 
 who had them to give, and others bore their part of 
 the burden by aiding in the construction of the houses. 
 In many instances, teachers received a part of their 
 wages in " boarding "round." 
 
 From these humble beginnings, the educational 
 interests of the state have constantly improved, until 
 now her school system is considered one of the most 
 complete in the United States. Although the twelfth 
 state in area, there are only four states in the Union 
 that have a greater number of school houses. Her 
 schools, supported at an annual expense of more than 
 $5,000,000, testify to the public spirit and lofty pur- 
 pose of her people. 
 
 The census of 1880 discloses some interesting facts 
 concerning our educational progress. In no state in 
 the Union, except Kansas, having so much as one-half 
 the population of Iowa, are there so few illiterates over 
 ten years of age. In ability to read, the people of Iowa 
 head the list, and, in ability to write, they are second 
 only to Nebraska. Only four states, viz. : New York, 
 Tennsylvania, Ohio and Illinois have a greater number 
 of school houses, or employ more teachers than our 
 own state.
 
 STATE INSTITUTIONS. 
 
 Iowa has been very liberal in establishing the 
 higher institutions of learning, and providing for the 
 unfortunate of all classes. The State University was 
 authorized by the constitution and permanently loca- 
 ted at Iowa City, in Johnson Co. The other institu- 
 tions have been established by acts of the general 
 assembly passed at different times in our history. 
 
 STATE UNIVERSITY. 
 
 The object of the State University, is to furnish 
 young men and women the best means of obtaining a 
 liberal education in the different departments of litera- 
 ture, and the applications of the various arts and sciences. 
 It is intended that the work of this institution shall 
 commence, where that of the best high schools of the 
 State ends. There are five departments — the academical, 
 the law, the medical, the dejital and the pharmaceu- 
 tical. The academical department has four co\xx- 
 scs oi stndy, classical, philosophical, scientific, and civil 
 engineering. These courses are prepared with a view 
 to meeting the wants of all who apply for admission as 
 students. The design of the other departments is to 
 fit students for the best work in their respective callings. 
 
 The University is governed by a board of regents, 
 and can never be under the exclusive control of any 
 
 —13—
 
 14 IOWA STATE INSTITUTIONS. 
 
 religious denomination. The board of regents consists 
 of the governor of the state who is president of the 
 board, the superintendent of public instruction, and one 
 member from each congressional district. The first two 
 are members by virtue of the offices held by them, the 
 others are elected by the general assembly, in joint 
 convention for six years, one-third, as nearly as possible, 
 being chosen at each regular session. 
 
 STATE AGRICULTURAL COLLEGE. 
 
 The State Agricultural College and Farm were 
 provided for by the general assembly, in the year 
 1858. Commissioners were soon afterwards appointed, 
 and the farm and site for the buildings were located 
 at Ames, in Story Co. The farm consists of about 
 eight hundred acres of dry rolling prairie, and one 
 hundred and fifty acres of valuable timber. There is 
 a never-failing spring of water near the centre of the 
 farm, a good stone quarry not far distant, and plenty 
 of clay for use in making bricks. 
 
 In 1862, two hundred and forty thousand acres of 
 land were granted by congress for the benefit of this 
 school, and the interest on the fund arising from the 
 sale of this land, furnishes abundant means for its 
 support. An additional grant of five sections in Jas- 
 per Co., was also made, and the general assembly has 
 at various times, increased its resources by liberal ap- 
 propriations. The management is placed in the hands 
 of a board of trustees, consisting of one member from 
 each congressional district, chosen in the same manner 
 as regents of the State University.
 
 IOWA STATE INSTITUTIONS. I5 
 
 The design of the college is to furnish instruction 
 in all the arts and sciences that have any bearing upon 
 agriculture. Tuition is free to all inhabitants of the 
 state over sixteen years of age. Each county is enti- 
 tled to send three pupils to the college, and the trustees 
 designate the further number that any county may 
 send. 
 
 STATE NORMAL SCHOOL. 
 
 The State Normal School was established by act 
 of the legislature, approved, March 2$, 1876, and loca- 
 ted at Cedar Falls, in Black Hawk Co. The buildings 
 and grounds, formerly used for the Soldiers' Orphans' 
 Home, were appropriated to its use, and the school 
 was formally opened in September, 1876. It is man- 
 aged by a board of directors, consisting of six mem- 
 bers, who are elected by the general assembly, in joint 
 convention, two at each regular session. 
 
 There are now two courses, the didactic and the 
 scientific. The former requires three years' study, and 
 the latter, four years'. The object of the school, is to 
 provide for the special instruction and training of 
 teachers for the common schools of the State. The 
 course of study embraces Literature, Mathematics, 
 History, the elements of the Sciences and Didactics. 
 How to teach each subject pursued is made a prominent 
 feature in all the work of the school. The school 
 is in a very prosperous condition, and its in- 
 fluence is being felt in raising the standard 
 of educational work in the state. Four 
 hundred students can now be accommodated. 
 COLLEGE FOR THE BLLMD. 
 
 This college was opened for the reception of pupils 
 at Iowa City, April 4, 1853. Five years later, the
 
 l6 IOWA STATE INSTITUTIONS. 
 
 board of trustees met at Vinton, Benton Co., and, in 
 accordance with law, began the erection of a suitable 
 building at that place. In 1862, the building was so 
 far completed, that the school, consisting of about 
 forty pupils, was opened in it. The institution is under 
 the management of a board of trustees six in number, 
 three of whom are elected at each regular session of 
 the general assembly for the term of four years. 
 
 All blind persons of suitable age, residents of the 
 state, may receive an education here free of charge, 
 and residents of other states may be admitted upon 
 the payment of their estimi^ted expenses, quarterly in 
 advance. No person from another state will be re- 
 ceived to the exclusion of any resident of Iowa. There 
 is an industrial school connected with the college, for 
 the benefit of all blind persons who are dependent upon 
 themselves for support. 
 
 INSTITUTION FOR THE DEAF AND DUMB. 
 
 The Institution for the Deaf and Dumb was es- 
 tablished at Iowa City, in 1853, permanently located 
 at Council Bluffs, July 4, 1866, and removed to that 
 place in 1871. Every deaf and dumb child in the 
 state, of suitable age, is entitled to an education in 
 this school, at the expense of the state. The instruc- 
 tion given is of a very practical nature, and the course 
 of study embraces those branches that will be of the 
 greatest benefit to the pupils. Tliere are several 
 work-shops connected with the institution, and its in- 
 mates are allowed to learn any of the trades represen- 
 ted. The trustees are elected by the general assem- 
 bly, in joint convention, for six years, one at each 
 regular session.
 
 IOWA STATE INSTITUTIONS. 17 
 
 soldiers' orphans* home. 
 
 To Mrs. Annie Wittenmeyer belongs the credit 
 of securing a home for the soldiers* orphans of Iowa. 
 In October, 1863, a convention was called to meet at 
 Muscatine for the purpose of devising some means for 
 the support an education of these children. An 
 association was formed and plans were perfected for 
 soliciting contributions. A building at Lawrence, Van 
 Buren Co., was leased, and twenty-one orphans were 
 admitted in July, 1864. The home was sustained by 
 contributions until 1866, when the state assumed con- 
 trol of it. 
 
 For a time, there was a soldiers' orphans' home 
 at each of the following places: Cedar Falls, Black 
 Hawk Co., Glenwood, Mills Co., and Davenport, Scott 
 Co. Only the one at Davenport has been retained, 
 the building at Glenwood having being converted to 
 the use of the Institution for the Feeble-Minded, and 
 the one at Cedar Falls to the use of the State Normal 
 School. Three trustees are elected for two years at 
 each regular session of the general assembly. 
 
 HOSPITAL FOR THE INSANE. 
 
 This institution was authorized by the general 
 assembly in 1855, but it was not open to receive 
 patients until March, 1861. It is located at Mt. Pleas- 
 ant, Henry Co. An additional hospital for the insane 
 was established at Independence, Buchanan Co., in 
 1868. The Twentieth General Assembly also autho- 
 rized a hospital of this kind, which has been located at 
 Clarinda, Page county. 
 
 In each county there is a board of commissioners 
 of insanity, consisting of the clerk of the circuit court,
 
 '" IOWA STATE INSTITUTIONS. 
 
 and two others appointed by the judge of the circuit 
 court, one of whom must be a practicing lawyer and the 
 other a practicing physician. All applications for the 
 admission of insane persons to the hospital must be 
 made to these commissioners. After the person 
 supposed to be insane has been examined in the manner 
 prescribed by law, the commissioners decide whether he 
 shall be sent to the hospital or not. The board and 
 other expenses of the insane, are paid from the receipts 
 of a tax levied for this purpose, by the supervisors of the 
 respective counties. 
 
 INSTITUTION FOR THE FEEBLE-MINDED. 
 
 In the words of the statute, " The purposes of this 
 mstitution are to train, instruct, support, and care for 
 feeble-minded children." It is located at Glenwood, 
 Mills Co. The management is in the hands of a super- 
 intendent, who is appointed by the board of trustees. 
 He gives bonds for the faithful performance of his 
 duties, in such a sum, as the trustees may direct. 
 Every resident of the state between the ages of five 
 and eighteen years who, by reason of deficient intellect 
 is rendered unable to acquire an education in 
 the common schools, is entitled to the advantages 
 offered by this institution, free of charge. 
 
 The term " feeble-minded " is intended to include 
 idiotic children, and a separate department is provided 
 for those who cannot be benefited by educational 
 training. Any inmate of the institution, may be 
 returned to the parent or guardian, whenever the trus- 
 tees may direct. The trustees are three in number, and 
 are chosen by the general assembly, one at each regu- 
 lar session.
 
 IOWA STATE INSTITUTIONS. I9 
 
 REFORM SCHOOL. 
 
 This school was established in Lee Co., in March, 
 1868, and in October of the same year, the first inmate 
 was received. In 1873, the school was removed to 
 Eldora, Hardin Co., and some time after, 1 880, a law was 
 passed removing the girls to a separate school at Mit- 
 chellville, Polk Co. 
 
 These schools are intended for the reformation ol 
 such boys and girls under eighteen years of age as may 
 be committed to them. Any person under sixteen 
 years of age, who is found to be guilty of any crime 
 except murder, may be sent to this school upon the 
 order of the judge of the court in which he was con- 
 victed. Instruction is given in morality, and in such 
 branches of study as the trustees prescribe. A certain 
 amount of labor, varying with the age, strength, and 
 capacity, is performed by each pupil. With the con- 
 sent of the parents or guardians, pupils may be bound 
 out to service until the time of their majority. The 
 trustees, in whose care the schools are placed, are elec- 
 ted by the general assembly, in joint convention, for a 
 term of six years. They are five in number, and both 
 schools are under the control of the same board. 
 
 PENITENTIARIES. 
 
 In addition to the institutions already mentioned, 
 tha state has been obliged to make provisions for re- 
 straining criminals, and especially those guilty of felony. 
 Public offences are of two kinds, felonies and misde- 
 meanors. A felony is a crime which is punishable by 
 imprisonment in the penitentiary. All other crimes 
 are misdemeanors. The first steps towards establish- 
 ing a penitentiary were taken by the territorial legis-
 
 20 IOWA STATE INSTITUTIONS. 
 
 lature, in 1839. Directors were appointed to superin- 
 tend the construction of the building which was to be 
 located at Ft, Madison, Lee Co. An additional peni- 
 tentiary was established at Anamosa, Jones Co., by 
 the Fourteenth General Assembly. In May, 1873, 
 twenty convicts were transferred from the penitentiary 
 at Ft. Madison to the new one at Anamosa. 
 
 The building at the latter place is of stone, and 
 much of the work of quarrying, as well as building was ' 
 done by the convicts themselves. The discipline is 
 rigid, but humane. The convicts learn various trades, 
 and their labor is sold to contractors, the work b.eing 
 done within the penitentiary with machines and tools 
 belonging to the state. 
 
 Each penitentiary is under the control of a warden, 
 who is subject to the governor of the state. The war- 
 dens are elected by joint ballot of the general assem- 
 bly, and hold their offices two years. They are 
 responsible for the government and discipline of the 
 inmates of the prisons, and the receipts and disburse- 
 ments of all moneys belonging to the institutions. The 
 warden of each penitentiary is obliged to give bonds to 
 the amount of fifty thousand dollars, for the faithful 
 performance of his duties. He is obliged to report, 
 once a month a complete statement of all official acts 
 performed by him, since his last report, with a full 
 account of the receipts and expenditures of the prison 
 under his control. The other officers are the deputy 
 warden, the chaplain, the physician and the guards. 
 
 Every prisoner sentenced to either of the peni- 
 tentiaries for a term of years, or less, who does not vio- 
 late the rules of discipline, is entitled to a reduction 
 of his term of service. This reduction is one day for
 
 IOWA STATE INSTITUTIONS. 11 
 
 the first month of good behavior, two days for the 
 second month, three for the third, four for the fourth, 
 and five days for each subsequent month of his term. 
 The sum of these days, known as the prisoners " good 
 time" is deducted from his term of service, and any 
 prisoner who passes his full term of service, without 
 any violation of discipline, is entitled to a restoration 
 of his rights of citizenship. This restoration, is granted 
 by the governor, upon the certificate of the warden, 
 that the person released, was not guilty of violating 
 any of the rules of the prison during his term of service. 
 The expenses of erecting the different public build- 
 ings and keeping them in repair, have been borne by the 
 state. ^ 
 
 soldiers' home. 
 
 The Twenty-first General Assembly provided for 
 the establishment of aSoldiers' Home, and a committee, 
 appointed by Gov. Larrabee, located it at Marshalltown, 
 Marshall Co. The object of this institution is to pro- 
 vide a home and subsistence for all honorably dis- 
 charged soldiers, sailors, and marines who have served 
 in the army or navy of the United States, and who are 
 disabled by disease, wounds, or in any other way. 
 Applicants must have served in an Iowa regiment, or 
 been a resident of the state of Iowa for three years pre- 
 vious to the time of making application for admission. 
 
 The supervision and government are placed in the 
 hands of a board of commissioners, consisting of six 
 members, appointed by the governor by and with the 
 consent of the senate. It is further provided that all 
 members of the board shall be ex-Union soldiers, and 
 that their term of office shall be six years from the first 
 day of May following their appointment. The first 
 board was separated by lot into three classes of two, 
 each to serve for two, four, and six years respectively.
 
 CONSTITUTION OF IOWA. 
 
 Preamble. We, THE PEOPLE OF THE State OF lowA, grateful 
 
 to the Supreme Being for the blessings hitherto 
 enjoyed, and feeling our dependence on Him for a 
 continuation of those blessings, do ordain and estab- 
 lish a free and independent government, by the 
 name of The State of Iowa, the boundaries 
 whereof shall be as follows: * 
 
 Beginning in the middle of the main channel of the 
 Mississippi 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 
 Boundary. 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 main chan- 
 nel 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 the main 
 channel of the Missouri river; thence up the middle of 
 the main channel of the said Missouri river to a point 
 opposite to the middle of the main channel of the Big 
 Sioux river, according to Nicollet's map; thence up the 
 main channel of the said Big Sioux river, according to 
 the said map, until it is intersected by the parallel of 
 forty-three degrees and thirty minutes north latitude; 
 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 the said Missis- 
 sippi river to the place of beginning. 
 
 — 22 —
 
 CONSTITUTION OF IOWA. 
 
 ARTICLE I.— BILL OF RIGHTS. 
 
 Section i. All men are, by nature, free and equal, 
 and have certain inalienable rights, among which are 
 those of enjoying and defending life and liberty, acquir- 
 ing, possessing, and protecting property, and pursuing 
 and obtaining safety and happiness. 
 
 Sec. 2. All political power is inherent in the people. 
 Government 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 pub- 
 lic good may require it. 
 
 Sec. 3. The General Assembly shall make no law 
 respecting an establishment of religion, or prohibiting 
 the free exercise thereof; nor shall any person be com- 
 pelled 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 quali- 
 fication for any office of public trust, and no person 
 shall be deprived of any of his rights, privileges or 
 capacities, or disqualified from the performance of any of 
 his public or private duties, or rendered incompetent to 
 give evidence in any court of law or equity, in conse- 
 quence of his opinions on the subject of religion; and 
 any party to any judicial proceeding shall have 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 here- 
 after be engaged, either directly or indirectly, in a duel, 
 either as principal or accessory before the fact, shall 
 forever be disqualified from holding any office under the 
 constitution and laws of this State. 
 
 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. 
 
 Sec. 7. Every person may speak, write and publish 
 his sentiments on all subjects, being responsible for the 
 
 Rights of 
 persons. 
 
 Polilical 
 power. 
 
 Religion. 
 
 Religious 
 test. 
 
 Duelling^. 
 
 Laws uni- 
 form. 
 
 Liberty of 
 speech and 
 press.
 
 24 
 
 CONSTITUTION OF IOWA. 
 
 Personal se- 
 curity. 
 
 Trial by jury. 
 
 7 
 
 Rights of per- 
 sons accused, 
 
 Indictment. 
 
 Twice tried. 
 Bail. 
 
 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 indictments 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 justifiable ends, 
 the party shall be acquitted. 
 
 Sec. 8. The right of the people to be secure in their 
 persons, houses, papers and effects, against unreasonable 
 seizures and searches shall not be violated; and no war- 
 rant 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. 
 
 Sec. 9. The right of trial by jury shall remain in- 
 violate; 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. 
 
 Sec. 10. In all criminal prosecutions, and in cases 
 involving the life or liberty of an individual, the accused 
 shall have a right to a speedy and public trial by an im- 
 partial jury; to be informed of the accusation against 
 him ; to have a copy of the same when demanded ; to 
 be confronted with the witnesses against him ; to have 
 compulsory process for his witnesses; and to have the 
 assistance of counsel. 
 
 Sec. II. All offenses less than felony, and in which 
 the 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 intervention of a grand jury, saving 
 to the defendant the right of appeal ; 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. 12. No person shall, after acquittal, be tried 
 for the same offense. All persons shall, before convic- 
 tion be bailable by sufficient sureties, except for capital
 
 CONSTITUTION OF IOWA. 
 
 25 
 
 ? 
 
 7 
 
 1 
 
 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 re- 
 quired by law, unless 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 appro- 
 priation for a standing army shall be for a longer time 
 than two years. 
 
 Sec. 15. No soldier shall, in time of peace, be quar- 
 tered 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 con- 
 victed of treason, unless on the evidence of two wit- 
 nesses to the same overt act, or confession in open court. 
 
 Sec. 17. Excessive bail shall not be required; ex- 
 cessive fines shall not be imposed, and cruel and unusual 
 punishment shall not be inflicted. 
 
 Sec. 18. Private property shall not be taken for 
 public use without just compensation first being made, 
 or secured to be made, to the owner thereof, as soon as 
 the damages shall be assessed by a jury, who shall not 
 take into consideration any advantages that may result 
 to said owner on account of the improvement for which 
 it is taken. 
 
 Sec. 19. No person shall be imprisoned for debt in 
 any civil action, on mesne or final process, unless in 
 case of fraud ; and no person shall be imprisoned for a 
 military fine in time of peace. 
 
 Sec. 20. The people have the right freely to assem- 
 ble together to counsel for the common good; to make 
 known their opinions to their representatives, and to 
 petition for a redress of grievances. 
 
 Sec. 21. No bill of attainder, ex-post- facto law, or 
 law impairing the obligation of contracts, shall ever be 
 passed. 
 
 Habeas cor- 
 pus. 
 
 Military. 
 
 Quartering 
 troops. 
 
 Treason. 
 
 Bail punish- 
 ment. 
 
 Property. 
 
 Imprisonment 
 for debt. 
 
 Petition. 
 
 Attainder.
 
 26 
 
 CONSTITUTION OF IOWA. 
 
 Aliens hold 
 property. 
 
 Slavery. 
 
 Reservation. 
 
 Adjourn- 
 ments. 
 
 Electors. 
 
 Privileges. 
 
 Same. 
 
 " Resident." 
 
 Exception. 
 
 Ballot. 
 
 Dept's of 
 government. 
 
 Sec. 22. Foreigners who are, or may hereafter be- 
 come residents of this State, shall enjoy the same rights 
 in respect to the possession, enjoyment, and descent of 
 property, as native-born citizens. 
 
 Sec 23. There shall be no slavery in this State; 
 nor shall there be involuntary servitude, unless for the 
 punishment of crime. 
 
 Sec. 24. No lease or grant of agricultural lands, 
 reserving any rent or service of any kind, shall be valid 
 for a longer period than twenty years. 
 
 Sec. 25. The enumeration of rights shall not be 
 construed to impair or deny others, retained by the peo- 
 ple. 
 
 ARTICLE II.— PIGHT OF SUFFRAGE. 
 
 Section i. Every 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. 
 
 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 retiu^ning therefrom. 
 
 Sec. 3. No elector shall be obliged to perform mili- 
 tary 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 resi- 
 dent of this State by 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 con- 
 victed of any infamous crime, shall be entitled to the 
 privilege of an elector. 
 
 Sec. 6. All elections by the people shall be by bal- 
 lot. 
 
 ARTICLE III.— OF THE DISTRIBUTION OF 
 POWERS. 
 
 Section i. The powers of the government of Iowa 
 shall be divided into three separate departments: Tht
 
 CONSTITUTION OF IOWA. 
 
 27 
 
 Legislative, the Executive and the Judicial ; and no per- 
 son charged with the exercise of powers properly belong- 
 ing to one of these departments shall exercise any 
 function appertaining to either of the others, except in 
 cases hereinafter expressly directed or permitted. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section i. The Legislative authority of this State 
 shall be vested in a General Assembly, which shall con- 
 sist of a Senate and House of Representatives; and the 
 style of every law shall be: '■'^ Be it enacted by the Gen- 
 eral Assembly of the State of loiva.''^ 
 
 Sec. 2. The sessions of the General Assembly shall 
 be biennial, and shall commence on the second Monday 
 in January next ensuing the election of its members; 
 unless the Governor of the State shall, in the mean- 
 time, convene the General Assembly by proclamation. 
 
 Sec. 3. The members of the House ot Representa- 
 tives shall be chosen every second year, by the qualified 
 electors of their respective districts, on the second Tues- 
 day in October, except the years of the Presidential 
 election, when the election shall be on the Tuesday next 
 after the first Monday in November; and their term of 
 office shall commence on the first day of January next 
 after thelir 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 twenty-one years, be a male citizen of the United 
 States, and shall have been an inhabitant of this State 
 one year next preceding his election, and at the time of 
 his election shall have had an actual residence of sixty 
 daj's in the county or district he may have been chosen 
 to represent. 
 
 Sec. 5. Senators shall be chosen for the term of 
 four years, at the same time and place as Representa- 
 tives; they shall be twenty-five years of age, and possess 
 the qualifications of Representatives as to residence and 
 citizenship. 
 
 Skc. 6. The number of Senators shall not be less 
 than one-third nor more than one-half the Representa- 
 tive body; and shall be so classified by lot, that one 
 
 Authority. 
 
 Sessions. 
 
 Members of 
 house of rep- 
 resentative*. 
 
 Eligibility 
 
 Senators. 
 
 .Same — 
 cliissed.
 
 28 
 
 CONSTITUTION OF IOWA. 
 
 Elections de- 
 termined. 
 
 Quorum. 
 
 Authority of 
 the House. 
 
 Protest. 
 
 Privilege. 
 
 Vacancies. 
 
 Doors open. 
 
 class being as nearly one-half as possible, shall be 
 elected every two years. When the number of Sena- 
 tors 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 adjourn- 
 ments, keep a journal of its proceedings, and publish the 
 same; determine its rules of proceedings, punish mem- 
 bers for disorderly 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 power neces- 
 sary for a branch of the General Assembly of a free and 
 independent State. 
 
 Sec. id. Every member of the General Assembly 
 shall have the liberty of dissent from or protest against 
 any act or resolution which he 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 members present, be entered 
 on the journals. 
 
 Sec. II. 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. 12. When vacancies occur in either House, the 
 Governor, or the person exercising the functions of Gov- 
 ernor, 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 '.he opinion of the House, 
 may require secrecy.
 
 CONSTITUTION OF IOWA. 
 
 29 
 
 Bills. 
 
 To be approv- 
 ed, etc. 
 
 Sec. 14. Neither House shall, without the consent Adjournment, 
 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 originated, 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, notwith- 
 standing the Governor's objections. If any bill shall 
 not be returned within three days after it shall have been 
 presented to him (Sunday excepted), the same shall 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 deposited by him in the office of the 
 Secretary of State within thirty days after the adjourn- 
 ment, with his approval, if approved by him, and with 
 his objections if he disapproves thereof. 
 
 Sec. 17. No bill shall be passed unless by the assent Same. 
 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 upon the journal 
 
 Sec. 18. An accurate statement of the receipts and 
 expenditures of the public money shall be attached to 
 and published with the laws at every regular session of 
 the General Assembly. 
 
 Sec. 19. The House of Representatives shall have impeachment 
 the sole power of impeachment and all impeachments 
 shall be tried by the Senate. When sitting for that pur- 
 pose, the Senators shall be upon oath or affirmation ; and 
 
 Receipts and 
 expenditures.
 
 so 
 
 CONSTITUTION OF IOWA. 
 
 Who liable to 
 judgment. 
 
 Members not 
 appointed to 
 omces. 
 
 Disqualifica- 
 tion. 
 
 Same, 
 
 Money drawn 
 
 Compensa- 
 tion of mem 
 bers. 
 
 no person shall be convicted 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 impeachment for any misdemeanor or malfea- 
 sance in office; but judgment in such cases shall extend 
 only to removal from office and disqualification to hold 
 any office ot 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 misde- 
 meanors and malfeasance in office, in such manner as 
 the General Assembly may provide. 
 
 Sec. 21. No Senator or Representative shall, during 
 the time for which he 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 increased 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 compensation 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 collec- 
 tor 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 appropriations made by law. 
 
 Sec. 25. Each member of the first General Assem- 
 ■ bly 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
 
 CONSTITUTION OF IOWA. 
 
 3» 
 
 receive such compensation as shall be fixed by law ; but 
 no General Assembly shall have the power to increase 
 the compensation of its 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 fourth day of July next after the passage 
 thereof. Laws passed 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 immediate 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 Gene- 
 ral 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 matters properly connected therewith, which subject 
 shall be expressed in the title; but if any svibject 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 expressed 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 
 highways ; 
 
 jFor changing the names of persons; 
 
 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 through- 
 out the State; and no law changing the boundary lines 
 of any county shall have effect until, upon being submit- 
 
 roads or 
 
 Laws. 
 
 Publication. 
 Divorce. 
 
 Lotteries. 
 Acts. 
 
 Local or spec- 
 ial Jaws.
 
 32 
 
 CONSTITUTION OF IOWA. 
 
 Extra com- 
 pensation. 
 
 Oath of mem- 
 bers. 
 
 Census. 
 
 Apportionment, 
 
 Districts. 
 
 ted to the people of the counties affected by the change, 
 at a general election, it shall be approved by a majority 
 of the votes in each county, cast for and against it. 
 
 Sec. 31. No extra compensation shall be made to 
 any officer, public agent, or contractor, after the service 
 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. 
 
 Sec. 32. Members of the General Assembly shall, 
 before they enter upon the duties of their respective 
 offices, take and subscribe the followmg oath or affirma- 
 tion : "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 Represen- 
 tative, 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. 
 
 Sec. 33. The General Assembly shall, in the years 
 one thousand eight hundred and fifty-nine, one thousand 
 eicrht hundred and sixty-three, one thousand eight hun- 
 dred and sixty-five, one thousand eight hundred and 
 sixty-seven, one thousand eight hundred and sixty- 
 nine, one thousand eight hundred and seventy-five, and 
 every ten years thereafter, cause an enumeration to be 
 made of all the inhabitants of the State. 
 
 Sec. 34. The number of Senators shall, at the next 
 session following each period of making such enumera- 
 tion, and the next session following each United States 
 census, be fixed by law, and apportioned among the 
 several counties according to the number of inhabitants 
 in each. 
 
 Sec. 315. 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
 
 CONSllTUTION OF IOWA. 
 
 33 
 
 jtmong the several counties and representative districts 
 of the State according to the number of inhabitants in 
 each, upon ratios to be fixed by law ; but no represen- 
 tative district shall contain more than four organized 
 counties, and each district shall be entitled to at least 
 one Representative. Every county and district which 
 shall have a number of inhabitants equal to one-half of 
 the ratio fixed by law, shall be entitled to one Rearesen- 
 tative; 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. 
 
 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 representative 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 district; and no county 
 shall be divided in forming a Congressional, Senatorial, 
 or Representative district. 
 
 Sec. 38. In all elections by the General Assembly, 
 the members thereof shall vote Viva Voce; and the 
 votes shall be entered on the journal. 
 
 Rates of rep- 
 resentation. 
 
 Districts. 
 
 Elections by 
 general as- 
 sembly. 
 
 ARTICLE IV.— EXECUTIVE DEPARTMENT. 
 
 Section i. The supreme executive power of this 
 State shall 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 quali- 
 fied 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. 
 
 Sec. 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-Governor, the electors shall designate 
 for whom they vote as Governor, and for whom as 
 
 3 
 
 Governor. 
 
 Election and 
 term. 
 
 Lieiitenant 
 Governor.
 
 34 
 
 CONSTITUTION Oi? IOWA. 
 
 Returns of elec- 
 tions. 
 
 Contested 
 elections. 
 
 Elig-ibility. 
 
 Command. 
 Duties. 
 
 Same. 
 Vacancies. 
 
 Convening^ 
 assembly. 
 
 Lieutenant-Governor. The returns of every election 
 for Governor and Lieutenant-Governor shall be sealed 
 U11 and transmitted to the seat of Government of the 
 State, directed to the Speaker of the House of Repre- 
 sentatives, who shall open and publish them in the pres- 
 ence of both Houses of the General Assembly. 
 
 Sec. 4. The persons respectively having the highest 
 number of votes for Governor and Lieutonant-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 pc.rsons 
 Governor, or Lieutenant-Governor, as the case may be. 
 
 Sec. 5. Conte^ted elections for Governor or Lieu- 
 tenant-Governor, shall be determined by the General 
 Assembly in such manner as may be prescribed by law. 
 
 Sec. 6. No person shall be eligible to the office of 
 Governor or Lieutenant-Governor, who shall not ha^ e 
 been a citizen of the United States and a resident of the 
 State two years next preceding the election, and attained 
 the age of thirty years at the time of said election. 
 
 Sec. 7. The Governor shall be commander-in-chief 
 of the militia, the army and navy of this State. 
 
 Sec. S. He shall transact all e.xecutive business with 
 t\.e officers of government, civil and military, and may 
 require information in writing from the officers of the 
 Executive Department upon any subject relating to the 
 duties of their respective offices. 
 
 Sec. 9. He shall take care that the laws are faith- 
 fully executed. 
 
 Sec. 10. When any office shall, from any cause, 
 become vacant, and no mode is provided by the Consti- 
 stution and laws for filling such vacancy, the Goveinor 
 shall have power to fill such vacancy by granting a com- 
 mission, which sliall expire at the end of the next session 
 of the General Assembly, or at the next election by the 
 people. 
 
 Sec. II. He may, on exti-aordinary occasions, con- 
 vene the General Assembly by proclamation, and shall 
 state to both Houses, when assembled, the purpose for 
 which they shall have been convened.
 
 CONSTITUTION OF IOWA. 
 
 35 
 
 Disqualifica- 
 tion. 
 
 Term. 
 
 Sec, 12. He shall communicate, by message, to the Message. 
 General Assembly, at every regular session, the condi- 
 tion of the State, and recommend such matters as he 
 shall deem expedient. 
 
 Sec. 13. In case of disagreement between the two Adjournment 
 Houses with respect to the time of adjournment, the 
 Governor shall have power to adjourn the General As- 
 sembly to such time as he may think proper; but no 
 such adjournment shall be beyond the time fixed for the 
 regular meeting of the next General Assembly. 
 
 Sec. 14. No person shall, while holding any office 
 under the authority of the Unitcil States, or this State, 
 execute the office of Governor or Lieutenant-Governor, 
 except as hereinafter expressly provided. 
 
 Sec. 15. The official term of the Governor and Lieu- 
 tenant-Governor, shall commence on the second Monday 
 of January next after their election, and continue for two 
 years, and until their 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 com- 
 pensation therefor the same mileage and double the per 
 diem pay provided for a Senator, and none other. 
 
 .Sec. 76. The Governor shall have power to grant P.irdons, etc. 
 reprieves, commutations and pardons, after conviction, 
 for all offenses except treason and cases of impeach- 
 ment, 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 Assembly at its next 
 meeting, when the General Assembly shall either grant 
 a pardon, commute the sentence, direct the execution of 
 the sentence, or grant a further reprieve. He shall have 
 power to remit fines and forfeitures, under sucli 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 
 '.herefor; and also all persons in whose favor remission 
 of fines and forfeitures shall have been made, and the 
 several amounts remitted.
 
 36 
 
 COWbTlTUTloN OJf IOWA, 
 
 Lieutenant 
 act as gov- 
 
 Further va- 
 cancies pro- 
 vided for. 
 
 Same. 
 
 Seal of State. 
 
 Commissions, 
 etc. 
 
 Secretary, 
 Auditor, 
 and Treas- 
 
 Courts. 
 
 Sec. 17. In case of the death, Impeachtnent, resig- 
 nation, removal from office, or other disability 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 upon the Lieutenant- 
 Governor. 
 
 Sec. 18. The Lieutenant-Governor shall be Presi- 
 dent of the Senate, but shall only vote when the Senate 
 is equally divided ; and in case of his absence or impeach- 
 ment, or when he shall exercise the office of Governor, 
 the Senate shall choose a President :pro tempore. 
 
 Sec. 19. If the Lieutenant-Governor, while acting 
 as Governor, shall be impeached, displaced, resign or 
 die, or otherwise become incapable of performing the 
 duties of the office, the President pro tetnpore 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. 
 
 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. 
 
 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. 
 
 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 per- 
 form such duties as may be required by law. 
 
 ARTICLE v.— JUDICIAL DEPARTMENT. 
 
 Section i. I'he 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.
 
 CONSTITUTION OF IOWA. 
 
 37 
 
 Sec. 2. The Supreme Court shall consist of three Supreme 
 Judges, two of whom shall constitute a quorum to hold 
 Court. 
 
 Sec. 3. The Judges of the Supreme Court shall be J"^^"^^ 
 elected bj the qualified electors of the State, and shall 
 hold their Court at such time and place as the General 
 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 years; and the Judge 
 holding the shortest term of office, under such classifica- 
 tion, 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 have been elected. 
 
 Sec. 4. The Supreme Court shall have appellate Jurisdiction, 
 jurisdiction only in cases in chancery, and shall consti- 
 tute a Court for the correction of errors at law, undei 
 such restrictions as the General 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, 
 
 District judff- 
 es elected. 
 
 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. 
 
 Sec. 6. The District Court shall be a Court of law Jurisdiction 
 and equity, which shall be distinct and separate jurisdc- 
 tions, and have jurisdiction in civil and criminal 
 matters arising in their respective districts in such 
 manner as shall be prescribed by law.
 
 38 
 
 CONSTITUTION OF IOWA. 
 
 Conservators 
 of the 
 peace. 
 
 Style of pro- 
 cess. 
 
 Salaries. 
 
 Judicial dis- 
 tricts. 
 
 When chosen. 
 
 Attorney-gen- 
 eral. 
 
 Elected; dis- 
 qualification. 
 
 Sec. 7. The Judges of the Supreme and District 
 Courts shall be conservators of the peace throughout 
 the State. 
 
 Sec. 8. The style of all process shall be, " The 
 State of Iowa," and all prosecutions shall be conducted 
 in the name and by the authority of the same. 
 
 Sec. 9. The salary of each Judge of the Supreme 
 Court shall be two thousand per annum, and that of 
 each District Judge one thousand six hundred dollars 
 per annum, until the year eighteen hundred and sixty; 
 after which time they shall severally receive such com- 
 pensation as the General Assembly may, by law, 
 prescribe, which compensation shall not be increased or 
 diminished during the term for which they shall have 
 been elected. 
 
 Sec. 10. The State shall be divided into eleven 
 Judicial Districts, 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 
 Court; but such increase or diminution shall not be 
 more than one District, or one Judge of either Court, 
 at any one session, and no reorganization of the Districts, 
 or dimunition of the number of Judges, shall have the 
 effect of removing a Judge from office. Such reorgani- 
 zation of the Districts, or any change in the boundaries 
 thereof, or increase or dimunition of the number of 
 Judges, shall take place every four years thereafter, if 
 necessary, and at no other time. 
 
 Sec. II. 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. 
 
 Sec. 12. The General Assembly shall provide by 
 law for the 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. 
 
 Sec. 13. The qualified electors of each Judicial 
 District shall, at the time of the election of District 
 Judge, elect a District Attorney, wlio shall be a resident
 
 CONSTITUTION OF IOWA. 
 
 39 
 
 of the District for which he is elected, and who shall 
 hold his office for the term of four years, and until his 
 successor shall have been elected and qualified. 
 
 Sec. 14. It shall be the duty of the General Assem- 
 bly to provide for the carrying into effect of this article, 
 and to provide for a general system of practice in all the 
 Courts of this State. 
 
 Duty of gen 
 eral assem 
 bly. 
 
 Who consti- 
 tute. 
 
 Officers. 
 
 ARTICLE VI.— MILITIA. 
 
 Section i. The militia of this State shall be com- 
 posed of all able-bodied male citizens between the ages 
 of eighteen and forty-five years, except such as are, or ' 
 may hereafter be, exempt by the laws of the United 
 States, or of this state, and shall be armed, equipped, 
 and trained, as the General Assembly may provide by 
 law. 
 
 Sec. 2. No person or persons conscientiously scru- Qualification 
 pulous 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 persons liable to 
 perform military duty, and shall be commissioned by the 
 Governor. 
 
 ARTICLE VII.— STATE DEBTS. 
 
 Section i. The credit of the State shall not, in any 
 manner, be given or loaned to, or in aid of, any individ- 
 ual, association or corporation; and the State shall never 
 assume, or become responsible for, the debts or liabilities 
 of any individual, association, or corporation, unless 
 incurred in time of war for the benefit of the State. 
 
 Sec. 2. The State may contract debts to supply 
 casual deficits or failures in revenues, or to meet expen- 
 ses 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 
 
 Limitation of 
 State in- 
 debtedness. 
 
 Same.
 
 40 
 
 CONSTITUTION OF IOWA. 
 
 I^osses to 
 
 school -fund 
 audited. 
 
 For what 
 other pur- 
 pose State 
 may con- 
 tract debts. 
 
 (a). Other 
 
 debts to be 
 authorized 
 by special 
 law. 
 
 fb). Submit- 
 ted to the 
 people. 
 
 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 by the defalcation, mismanagement or fraud 
 of the agents or officers 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 vState, 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 
 indebtedness 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 arising from the debts so contracted 
 shall be applied to the purpose for which it was raised, 
 or to repay such debts, and to no other purpose what- 
 ever. 
 
 Sec. 5. Except the debts hereinbefore specified in 
 this article, no debt shall be hereafter contracted oy or 
 on behalf of this State, unless such debt, shall be autho- 
 rized 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 the contracting 
 thereof; but no such law shall take effect until, at a gen- 
 eral 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 pub- 
 lished therein, throughout the State,, for three months 
 preceding the election at which it is submitted to the 
 people.
 
 CONSTITUTION OF IOWA. 
 
 41 
 
 Sec. 6. The Legislature may, at any time after tlie 
 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 forbid the contracting of any 
 further debt or liability under such law; but the tax 
 imposed by such law, in proportion to the debtor liability 
 which may have been contracted in pursuance thereof, 
 shall remain in force and be irrepealable, 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 VIIL— CORPORATIONS. 
 
 Section i. No corporation shall be created by 
 special laws; but the General Assembly shall provide, 
 by general laws, for the organization of all corporations 
 hereafter to be created, except as hereinafter provided. 
 
 Sec. 2. The property for all corporations for pecu- 
 niary profit shall be subject to taxation, the same as that 
 of individuals. 
 
 Sec. 3. The State shall not become a stockholder in 
 any corporation, 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 corporation, 
 directly or indirectly. 
 
 Sec. 5. No act of the General Assembly, authoriz- 
 ing or creating corporations or associations with bank- 
 ing powers, nor amendments thereto, shall take effector 
 in any manner be in force, until the same shall have 
 been submitted, separately, 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, the General Assembly may also provide for the 
 establishment of a State Bank, with branches. 
 
 Lep^islature 
 may repeal. 
 
 Tax imposed 
 distinctly 
 stated. 
 
 Corporations, 
 how cre- 
 ated. 
 
 Properly tax- 
 able. 
 
 Slate not to be 
 a stockhold- 
 er. 
 
 Corporation 
 not to be a 
 
 stockholder. 
 
 Act creating 
 corporation 
 submitted tc 
 the people. 
 
 State bank.
 
 42 
 
 CONSTITUTION OF IOWA. 
 
 Founded on 
 specie basis. 
 
 General hank- 
 ingf law to 
 provide for. 
 
 Stockholders 
 responsible. 
 
 Bill holders to 
 have prefer- 
 ence. 
 
 Suspension of 
 specie pay- 
 ment. 
 
 General as- 
 sembly may 
 amend or re- 
 peal by two- 
 thirds vote. 
 
 Sec. 7. If a State Bank be established, it shall be 
 founded on an actual specie basis, and tlie branches shall 
 be miituallj responsible for each others liabilities upon 
 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, tit be rated at ten per 
 cent, below their average value in the city of New York, 
 for the thirty da^-s next preceding their deposit; and in 
 case of a depreciation of any portion of such stocks, to 
 the amount of ten per cent, on the dollar, the bank or 
 banks owning said stocks shall be required to make up 
 said deficiency by 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 institution shall be individually responsible and liable 
 to its creditors, 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, accru- 
 insf 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. II. The suspension of specie payments by 
 banking institutions shall never be permitted or sanc- 
 tioned. 
 
 Sec. 12. Subject to the provisions of this article, 
 the General Assembly shall have power to amend or 
 repeal all laws for the organization or creation of corpo- 
 rations, or granting of special or exclusive privileges or 
 immunities, by a vote of two- thirds of each branch of 
 the General Assembly; and no exclusive privileges, 
 •xcept as in this article provided, shall ever be granted.
 
 CONSTITUTION OF IOWA. 
 
 43 
 
 ARTICLE IX. — EDUCATION AND SCHOOL 
 
 LANDS. 
 
 FIRST — EDUCATION. 
 
 Board of edu 
 cation. 
 
 How elected ; 
 how divided. 
 
 Section i. The educational interest of the State, 
 including Common Schools and other educational institu- 
 tions, shall be under the management of a Board of Edu- 
 cation, which shall consist of the Lieutenant-Governor, 
 who shall be the presiding ofticer of the Board, and 
 have the casting vote in case of a tie, and one member 
 to be elected from each judicial district in the State. 
 
 Sec. 2. No person shall be eligible as a member of Who elig^ible 
 said Board who shall not have attained the age of twenty- 
 five years, and sliall have been one year a citizen of the 
 State. 
 
 Sec. 3. One member of said Board shall be chosen 
 by the qualified electors of each district, and shall hold 
 the office for the term of four years, and until his suc- 
 cessor is elected and qualified. After the first election 
 under this Constitution, the Board shall be divided, as 
 nearly as practicable, into two equal classes, and the 
 seats of the first class shall be vacated after the expira- 
 tion of two years, and one-half of the Board shall be 
 chosen every two years thereafter. 
 
 Sec. 4. The first session of the Board of Education 
 shall be held at the Seat of Government, on the first 
 Monday of December after their election, after which 
 the General Assembly may fix the time and place of 
 meeting. 
 
 Sec. 5. The session of the Board shall be limited to 
 twenty days, and but one session shall be held in any 
 one year, except upon extraordinary occasions, when, 
 upon the recommendation of two-thirds of the Board, 
 the Governor may order a special session. 
 
 Sec. 6. The Board of Ediication shall appoint a 
 Secretary who shall be the executive officer of the Board, 
 and perform such iluties as may be imposed upon him by 
 the Board, and the laws of the State. They shall keep 
 a journal of their proceedings, which shall be published 
 and distributed in the same manner as the journals of 
 the General Assembly. 
 
 First session 
 held. 
 
 Limited to 
 twenty days. 
 
 Secretary.
 
 44 
 
 CONSTITUTION OF IOWA. 
 
 Rules and 
 reg-iilations 
 ofboard. 
 
 Powers: rules, 
 how repeal- 
 ed. 
 
 Governor, ex- 
 officio, a 
 member. 
 
 Contingent, 
 
 State Univer- 
 sity. 
 
 Board of Edu- 
 cation to 
 provide for 
 education of 
 youths of 
 the State. 
 
 Compensation. 
 
 Quorum; style 
 of acts. 
 
 Sec. 7. All rules and regulations made bv the Board 
 shall be published and distributed to the several counties, 
 townships, and school districts, as may be provided for 
 by the Board, and when so made, published, and distrib- 
 uted, they shall have the force and effect of law. 
 
 Sec 8. The Board of Education shall have full 
 power and authority to legislate and make all needful 
 rules and regulations in relation to Common Schools, 
 and other educational institutions that are instituted, to 
 receive aid from the School or University fund of this 
 State; but all acts, rules and regulations of said Board 
 may be altered, amended, or repealed by the General 
 Assembly, and when so altered, amended, or repealed, 
 they shall not be re-enacted by the Board of Education. 
 
 Sec. 9, The Governor of the State shall be, ex-officio, 
 a member of said Board. 
 
 Sec. 10. The Board shall have no power to levy 
 taxes, or make appropriations of money. Their contin- 
 gent expenses shall be provided for by the General 
 Assembly. 
 
 Sec. II. The State University shall be established 
 at one place without branches at any other place, and 
 the University fund shall be applied to that institution 
 and no other. 
 
 Sec. 12. The Board of Education shall provide for 
 the education of all the youths of the State, through a 
 system of common schools, and such schools shall be 
 organized and kept in each school district at least three 
 months in each year. Any district failing, for two con- 
 secutive years, to organize and keep up a school, as 
 aforesaid, may be deprived of their portion of the school 
 fund. 
 
 Sec. 13. The members of the Board of Education 
 shall each receive the same per diem during the time of 
 their session, and mileage going to and returning there- 
 from, as members of the General Assembly. 
 
 Sec. 14. A majority of the Board shall constitute 
 a quorum for the transaction of business; but no rule, 
 regulation, or law for the government of coinmon schools 
 or other educational institutions shall pass without the 
 concurrence of a majority of all the members of the
 
 CONSTITUTION OF IOWA. 
 
 45 
 
 Board, which shall be expressed by thejeasand nays on 
 the final passage. The style of all acts of the Board 
 shall be: " Be it enacted by the Board of Education of 
 the State of Iowa." 
 
 Sec. 15. At any time after the year one thousand 
 eight hundred and s'ixty-three, the General Assembly 
 shall have power to abolish or reorganize said Board of 
 Education, and provide for the educational interests of 
 the State in any other manner that to them shall seem 
 best and proper. 
 
 SECOND SCHOOL FUNDS AND SCHOOL LANDS. 
 
 Section i. The educational and school funds and 
 lands shall be under the control and management of the 
 General Assembly of this State. 
 
 Sec. 2. 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 Univer- 
 sity. The interest arising from the same shall be annu- 
 ally appropriated for the support and benefit of said 
 University. 
 
 Sec. 3. The General Assembly shall encourage, by 
 all suitable means, the promotion of intellectual, scien- 
 tific, moral, and agricultural improvement. The pro- 
 ceeds of all lands that have been, or hereafter may be, 
 granted by the United States to this State, for the sup- 
 port of schools, which may have been or shall heieafter 
 be sold or disposed of, and the five hundred 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 
 year of our Lord one thousand eight hundred and forty- 
 one, and all estates of deceased persons who may have 
 died without leaving a will or heir, and also such per 
 cent, as has been or may hereafter be granted by Cor. 
 gress, on the sale of lands in this State, shall be and 
 remain a perpetual fund, the interest of which, together 
 with all rents of the unsold lands, and such other means 
 as the General Assembly may provide, shall be inviola- 
 bly appropriated to the support of common schools 
 throughout the State. 
 
 When Bo.ird 
 may be 
 abolished. 
 
 Under control 
 of General 
 Assembly. 
 
 Permanent 
 fund. 
 
 I^ands appro- 
 priated to 
 educational 
 purposes.
 
 46 
 
 CONSTITUTION OF IOWA. 
 
 Fines and for- 
 feiture^, 
 how appro- 
 priated. 
 
 (a). Lands re- 
 served or 
 jgranted, or 
 funds accru- 
 ing from 
 sale thereof, 
 to be a per- 
 manent fund. 
 
 (b). Interest 
 applied. 
 
 Who agents 
 of school 
 funds. 
 
 Money to be 
 distributed. 
 
 Sec. 4. The money which may have been or shall 
 be paid by persons as an equivalent from 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 p*id, or fine collected, 
 among the several school districts of said counties, in 
 proportion to the number of youths subject to enumera- 
 tion in such districts, to the support of common schools, 
 or the establishment of libraries, as the Board of Educa- 
 tion shall from time to time provide. 
 
 Sec. 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 per- 
 sons, 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 purpose aforesaid, shall be 
 and remain a permanent fund, the interest of which 
 shall be applied to the support of said University, 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 
 pennanent security of the funds of said Universitv. 
 
 Sec. 6. The financial agents of the school funds 
 shall be the same that by law receive and control the 
 State and county revenue, for other civil purposes, under 
 such regulations 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 proportion to the number of youths 
 between the ages of five and twenty-one years, in such 
 manner as may be provided by the General Assembly. 
 
 ARTICLE 
 
 X.— AMENDMENTS 
 STITUTION. 
 
 TO THE CON- 
 
 Consutution. SECTION I. Any amendment or amendments to this 
 
 Constitution may be proposed in either House of the 
 General Assembly; and if the same shall be' agreed to 
 by a majority of the members elected to each of the two
 
 CONSTITUTION OF IOWA. 
 
 47 
 
 Houses, such proposed amendment shall be entered on 
 their journals, with the jeas 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 amend- 
 ments shall be agreed to, by a majority of all the mem- 
 bers elected to each House, then it shall be the duty of 
 the General Assembly to submit such proposed amend- 
 ment or amendments to the people in such manner and 
 at such time as the General Assembly shall provide; 
 and if the people shall approve and ratify such amend- 
 ment or amendments by a majorit}' of the electors quali- 
 fied 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 sub- 
 mitted 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 hundred and seventy, and in 
 each tenth year thereafter, and also at such times as the 
 General Assembly may by law provide, the question, 
 " Shall there be a Convention 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 puipose, the 
 General Assembly, at its next session, shall provide by 
 law for the election of delegates to such Convention. 
 
 More than 
 one. 
 
 Convention. 
 
 ARTICLE XL— MISCELLANEOUS. 
 
 Section i. 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) wli^re the amount in controversy does not exceed 
 one hundred dollars, and by the consent of parties may 
 
 Jurisdiction 
 of Justice of 
 the Peace.
 
 48 
 
 CONSTITUTION OF IOWA. 
 
 Counties. 
 
 To what amount 
 counties may 
 become in- 
 debted. 
 
 Boundaries. 
 Oath of office. 
 
 How vacancies 
 filled. 
 
 How lands 
 granted may 
 be located. 
 
 Seat of gfov- 
 ernment. 
 
 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 terri- 
 tory. 
 
 Sec. 3. No county, or other political or municipal 
 corporation, shall be allowed to become indebted, in any 
 manner or for any purpose, to an amount, in the aggre- 
 gate, exceeding five p'^r centum of the value of the taxa- 
 ble property within such county or corporation — to be 
 ascertained by the last State and county tax lists, pre- 
 vious to the incurring of such indebtednsss. 
 
 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 anv 
 office, shall, before entering upon the duties thereof, 
 take an oath or affirmation to support the Constitution 
 of the United Slates, 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 unex- 
 pired 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 which 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. S. The seat of government is hereby perma- 
 nently established, as now fixed by law, at the city of 
 Des Moines, in the county of Polk; and the Sftate Uni- 
 versity at Iowa City, in the county of Johnson.
 
 CONSTITUTION OF IOWA. 
 
 49 
 
 ARTICLE XII.— SCHEDULE. 
 
 Section i. The 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. 
 
 Sec. 3. All indictments, prosecutions, suits, pleas, 
 plaints, process, and other proceedings pending in any 
 of the courts, shall be prosecuted to final judgment and 
 execution ; and all appeals, writs of error, certiorari and 
 injunctions, shall be carried on in the several courts, in 
 the same manner as now provided by law, and all offen- 
 ses, misdemeanors and crimes that may have been com- 
 mitted before the taking effect of this Constitution, shall 
 be subject to indictment, trial and punishment, in the 
 same manner as they would have been had not this Con- 
 stitution been made. 
 
 Sec. 4. All fines, penalties, or forfeitures due, or to 
 become due, or accruing to the State, or to any county 
 therein, or to the school fund, shall inure to the State, 
 county, or school fund, in the manner prescribed by law. 
 
 Sec. 5. All bonds executed to the State, or to any 
 officer in his official capacity, shall remain in force and 
 inure to the use of those concerned. 
 
 Sec. 6. The election under this Constitution shall 
 be held on the second Tuesday in October, in the year 
 one thousand eight hundred and fifty-seven, at which 
 time the electors of the State shall elect the Governor 
 and Lieutenant-Governor. There shall also be elected 
 at such election the successors of such State Senators 
 as were elected at the August election, in the year one 
 thousand eight hundred and fifty-four, and members of 
 the House of Representatives, who shall be elected in 
 accordance with the act of apportionment, enacted at 
 the session of the General Assembly which commenced 
 on the first Monday of December, one thousand eight 
 hundred and fifty-six. 
 
 Sec. 7. The first election for Secretary, Auditor, 
 and Treasurer of State, Attorney-General, District 
 
 Supreme 
 Court of the 
 SUte. 
 
 Laws in force 
 
 Legal process 
 not aflected. 
 
 Fines, etc., 
 inure to the 
 State. 
 
 Bonds in 
 ». force. 
 
 (a). First 
 election. 
 
 (b). Governot 
 and Ueu- 
 tenant-Gov- 
 ernor. 
 
 Same : Secre- 
 tary, Auditp 
 or, etc
 
 50 
 
 CONSTITUTION OF IOWA. 
 
 Same: Judges 
 of Supreme 
 Court. 
 
 First session 
 General 
 Assembly. 
 
 Senators. 
 
 Offices not 
 vacated by 
 new Const! 
 tution. 
 
 Judges, Members of the Board of Education, District 
 Attorneys, Members of Congress, and such State officers 
 as shall be elected at the April election, in the year one 
 thousand eight hundred and fifty-seven (except the 
 Superintendent of Public Instruction), and such county 
 officers as were elected at the August election, in the 
 year one thousand eight hundred and fifty-six, except 
 Prosecuting Attorneys, shall be held on the second Tues- 
 day of October, one thousand eight hundred and fifty- 
 eight: Provided, that the time for which any District 
 Judge or other State or county officer elected at the 
 April election in the year one thousand eight hundred 
 and fifty-eight, shall not extend beyond the time fixed 
 for filling like offices at the October election, in the year 
 one thousand eight hundred and fifty-eight. 
 
 Sec. 8. The first election for Judges of the Supreme 
 Court, and such county officers as shall be elected at the 
 August election, in the year one thousand eight hundred 
 and fifty-seven, shall be held on the second Tuesday of 
 October, in the year one thousand eight hundred and 
 fifty-nine. 
 
 Sec, 9. The first regular session of the General 
 Assembly shall be held in the year one thousand eight 
 hundred and fifty-eight, commencing on the second 
 , Monday of January of said year. 
 
 Sec. to. Senators elected at the August election, in 
 the year one thousand eight hundred and fifty-six, shall 
 continue in office until the second Tuesday of October, 
 in the year one thousand eight hundred and fifty-nine, 
 at which time their successor shall be elected as may be 
 prescribed by law. 
 
 Sec. II. Every person elected by popular vote, by 
 a vote of the General Assembly, or who may hold office 
 by executive appointment, which office is continued by 
 this Constitution, and every person who shall be so 
 elected or appointed to any such office, before the taking 
 effect of this Constitution (except as in this Constitution 
 otherwise provided), shall continue in office until the 
 term for which such person has been or may be elected 
 or appointed shall expire ; but no such person shall con-
 
 CONSTITUTION OF IOWA. 
 
 5^ 
 
 n 
 
 tinue in office after the taking effect of this Constitution, 
 for a longer period than the term of such office, in this 
 Constitution prescribed. 
 
 Sec. 12. The General Assembly, at the first session 
 under this Constitution, shall district the State into 
 eleven Judicial Districts, for District Court purposes; 
 and shall also provide for the apportionment of the mem. 
 bars of the General Assembly in accordance with the 
 provisions of this Constitution. 
 
 Sec. 13. This Constitution shall be submitted to 
 the electors of the State at the August election, in the 
 year one thousand eight hundred and fifty-seven, in the 
 several election districts in this State. The ballots at 
 such election shall be written or printed, as follows: 
 Those in favor of the Constitution, " New Constitution 
 — Yes." Those against the Constitution, " New Consti- 
 tution — No." The election shall be conducted in the 
 same manner as the general ^elections of the State, and 
 the poll-books shall be returned and canvassed as pro- 
 vided in the twenty-fifth chapter of the Code, and 
 abstracts shall be forwarded to the Secretary of State, 
 which abstracts shall be canvassed in the manner pro- 
 vided tor the canvass of State officers; and if it shall 
 appear that a majority of all the votes cast at such elec- 
 tion for and against this Constitution are in favor of the 
 same, the Governor shall immediately issue his procla- 
 mation stating that fact, and such Constitution shall be 
 the Constitution of the State of Iowa, and shall take 
 eiiect from and after the publication of said proclama- 
 tion. 
 
 Sec. 14. At the same election that this Constitution 
 is submitted to the people for its adoption or rejection, a 
 proposition to amend the same by striking out the word 
 "white" from the article on the "Right of Suffrage," 
 shall be separately submitted to the electors of this State 
 for adoption or rejection, in the manner following, viz.: 
 A separate ballot may be given by every person having 
 a right to vote at said election, to be deposited in a sejia- 
 rate box. And those given for the adoption of such 
 proposition shall have the words, " Shall the word 
 ' white ' be stricken out of the article on the ' Right of 
 
 State to be 
 districted. 
 
 Constitution 
 to be voted 
 for Auffust, 
 iSSo. 
 
 Proposition 
 to strike 
 out the 
 word white.
 
 52 
 
 CONSTITUTlC»N OF IOWA, 
 
 Mills County. 
 
 Suffrage? ' Yes." And those given against the propo- 
 sition shall have the words, " Shall the word ' white ' be 
 stricken out of the article on the ' Right of Suffrage? ' 
 No." And if at said election the number of ballots cast 
 in favor of said proposition shall be equal to a majority 
 of those cast for and against this Constitution, then said 
 word " white " shall be stricken from said article and be 
 no part thereof. 
 
 Sec. 15. Until otherwise directed by law, the county 
 of Mills shall be in and a part of the Sixth Judicial Dis 
 trict of this State. 
 
 Done in Convention at Iowa City, this fifth day of March, 
 in the year of our Lord one thousand eight hundred 
 ♦ and fifty-seven, and of the Independence of the 
 United States of America the eighty-first. 
 
 SIGNERS: 
 
 Timothy Day, •*W. W. Robinson, 
 
 S. G. Winchester, Lewis Todhunter, 
 
 David Bunker, John Edwards, 
 
 D. P. Palmer, J. C. Traer, 
 
 Geo. W. Ells, James F. Wilson, 
 
 J. C. Hall, Amos Harris, 
 
 John H. Peters, Jno. T. Clarke, 
 
 Wm. H. Warren, S. Ayres, 
 
 H. W. Gray, Harvey J. Skiff, 
 
 RoBT. Gower, J. A. Parvin, 
 
 H. D. Gibson, W. Penn Clark, 
 
 Thomas Seeley, Jere Hollingsworth, 
 
 A. H. Marvin, Wm. Patterson, 
 
 J. H. Emerson, D. W. Price, 
 
 R. L. B. Clarke, Alpheas Scott, 
 
 James A. Yoijng, Geo. Gillaspy, 
 
 D. H. Solomon, Edward Johnston. 
 
 Attest: Francis Springer, Pres. 
 
 Th. J. Saunders, Secy. 
 
 E. N. Bates, Assistant Sec'y.
 
 CIVIL GOVERNMENT OF IOWA. 
 
 DEPARTMENT OF GOVERNMENT. 
 
 Before discussing the departments of government, 
 it will be well to learn something of the nature of a 
 constitution, as well as the history of the constitution 
 of our own State. A constitution has been called tJie 
 fiindame7ital laiv, because it is the foundation of all 
 legislative acts, and no valid law can bq passed in viola- 
 tion of its provisions. It is in the nature of a contract 
 between the general government of the state and the 
 people themselves, whereby the powers of the former 
 are defined, and the rights of the latter maintained. 
 
 The constitution, adopted by the people of Iowa 
 just before the state was admitted into the Union, is 
 known as the " old constitution." Some of its provis- 
 ions proved to be unsatisfactory, and, in the early part 
 of 1857, 3- convention met at Iowa City, and drafted 
 the present constitution of the state. The work of 
 this convention was completed March 5th, of that year. 
 Several of its members have since held important posi- 
 tions in state and nation. 
 
 By its own terms, this draft of a constitution was 
 submitted to the electors of the state at an election 
 held in August, 1857. A majority of the votes cast at 
 that time were in favor of its adoption, and the gov- 
 ernor immediately issued a proclamation declaring this 
 new constitution to be the supreme law of Iowa. 
 
 —53—
 
 54 CIVIL GOVERNMENT OF IOWA. 
 
 The preamble, or introduction to the constitution 
 is as follows : IVe, the People of the State of Iowa, grate- 
 ful to the Supreme Being for the blessings hitherto 
 enjoyed, and feeling our dependence on Him for a con- 
 tinuation of those blessings, do ordain and establish a 
 free and independent government, by the name of 
 TJie State of Iowa, the boundaries whereof shall be as 
 follows : (For boundaries, see Const., page 22). The 
 preamble is not a part of the constitution, but is 
 designed to show the reason for its establishment. 
 
 ARTICLE I. — BILL OF RIGHTS. 
 
 Section one of the first article of the Constitution 
 defines the civil rights of the inhabitants of the state. 
 It declares that all men are, by nature, free and equal, 
 and that they are endowed with certain inalienable 
 rights. The rights enumerated are those of enjoying 
 and defending life and liberty, of acquiring, possess- 
 ing, and protecting property, and of pursuing and 
 obtaining safety and happiness. These rights of the 
 people are recognized by all free governments, and 
 must be, in the very nature of things. They are called 
 inalienable rights, because they cannot be taken away 
 so long as the government exists. 
 
 The second section declares all political power to 
 be vested in the people of the state. Government is 
 instituted for the good of the people, and they have 
 the right to alter or reform the same, whenever the 
 public good may require it. The essence of all free 
 government is contained in the expression, " A govern- 
 ment of the people, by the people, and for the people." 
 
 Section ///rr,? prohibits the legislature from passing 
 any law to establish uniformity of religion, or to restrict
 
 CIVIL GOVERNMENT OF IOWA. 55 
 
 the religious liberty of the people. It forbids the lay- 
 ing of tithes, taxes, or other rates for building places 
 of worship or maintaining the ministry The religious 
 freedom, sought by so many of the early settlers of our 
 country, is guaranteed to all persons within the borders 
 of Iowa. 
 
 Section /o2ir forbids the requirement of any relig- 
 ious test as a qualification for any office of public 
 trust, and declares that no person shall be deprived of 
 any rights, privileges, or capacities on account of his 
 opinions on religious matters. This is in a-ccordance 
 with the spirit of the constitution of the United States, 
 upon which the state constitution is based. This sec- 
 tion also provides that parties to any suits of law are 
 competent to serve as witnesses in such suits. 
 
 Section Jive declares any citizen of the state who 
 shall engage in a duel, either as principal or accessory, 
 to be forever disqualified from holding any office under 
 the constitution and laws of the state. This shows 
 the growth in sentiment with regard to the practice of 
 duelling. Hamilton, Burr, Jackson, Clay, and many 
 other prominent men in the early history of our gov- 
 ernment, resorted to this barbarous way of settling 
 their *' affairs of honor." 
 
 By section six, the general assembly is forbidden 
 to grant any citizen, or class of citizens, privileges or 
 immunities, which shall not apply to all other persons, 
 under the same circumstances. All laws of a general 
 nature must be uniform in their operation. It is a 
 fundamental principle of all free government that there 
 shall be no privileged classes. The next section gives 
 every person the right to speak, write, and publish his 
 sentiments on any, and all, subjects. By its provis-
 
 5^ CIVIL GOVERNMENT OF IOWA. 
 
 ions, no law can be passed to restrict liberty of speech 
 or of the press, but any person is liable to prosecution 
 for the abuse of this right. In all prosecutions for 
 libel, if it can be proven, that the matter charged as 
 libelous, is true, the person accused shall be acquitted. 
 Article one of the amendments to the constitution of the 
 United States insures the same freedom to all the peo- 
 ple of the United States. 
 
 Section ezg/if of this article is a verbatim reprint 
 of the fourth article of amendment to the constitution 
 of the United States. 
 
 Section nine provides for maintaining inviolate the 
 right of trial by jury, but authorizes the general assem- 
 bly to establish a jury of a less number than twelve 
 men in inferior courts. Another provision is, that no 
 person shall be deprived of life, liberty, or property, 
 without due process of law. In accordance with the 
 latter part of the first clause, the jury in a justice 
 court is composed of six men. ' 
 
 Section ten refers to the method of procedure in 
 criminal cases, and is, in substance, the same as article 
 six of the amendments to the constitution of the 
 United States. 
 
 Section eleven establishes the mode of procedure 
 in all criminal cases less than felony, in which the pun- 
 ishment does not exceed a fine of one hundred dollars, 
 or imprisonment for more than thirty days. All such 
 cases are to be tried without indictment, before a jus- 
 tice of the peace, or other officer authorized by law. 
 The accused has the right to appeal from the decision 
 of the justice to the district court. 
 
 In all other criminal offenses, an indictment must 
 be brought against the person suspected of having
 
 CIVIL GOVERNMENT OF IOWA. 57 
 
 committed the crime, before he can be held to answer 
 for the crime of which he is accused. There is an 
 exception to this in cases arising in the army or navy, 
 or in the militia, when in actual service, in time of war 
 or public danger. Violators of military law are tried 
 by a court consisting of from three to thirteen mem- 
 bers, according to the nature of the crime and the 
 rank of the offender. 
 
 After a person has been acquitted by a court of 
 competent jurisdiction, he cannot be tried again for 
 the same offense. A person, charged with the perpe- 
 tration of a minor crime, is entitled to his liberty 
 before conviction, upon giving bonds signed by respon- 
 sible parties, that he will present himself, at the 
 appointed time, for trial. Such bonds are called bail, 
 and are usually of twice the amount of the highest 
 money penalty, or fine, that can be attached to the 
 crime. If the person, thus set at liberty, fails to 
 appear for trial, the amount of the bond, or so much 
 thereof as may be demanded by the court, is forfeited 
 to the school-fund of the county, and becomes a part 
 of the semi-annual apportionment for the support of 
 schools. Bail is not usually accepted from persons 
 charged with having committed capital crimes, when 
 the proof is evident, or the presumption great. A 
 capital offense is one to which the death penalty, or 
 imprisonment for life can be attached. 
 
 Section thirteen secures to all, the right to a writ 
 of habeas corpus, when application is made according 
 to law. This right can be suspended and the writ 
 refused, only in case of rebellion or invasion, or when 
 the public safety may require it. The writ of habeas 
 corpus has been called " The great writ of personal
 
 1^8 CIA'^IL GOVERNMENT OF lOV/A. 
 
 liberty." It is issued by the judge of the court having 
 jurisdiction of the crime, and cannot be refused when 
 proper application is made by the accused under oath. 
 This writ had its origin in England in the " Magna 
 Charta " of King John, granted in the year 12 15. Our 
 forefathers esteemed this to be one of their grandest 
 privileges, and it has always been recognized as an 
 inherent right of all citizens of the United States. 
 
 The /our tee?i//i section places the military subordi- 
 nate to the civil power. It declares that no standing 
 army shall be kept up in the state, in time of peace, 
 and, in time of war, that no appropriation for a stand- 
 ing army shall be for a longer period than two years. 
 The next section forbids the quartering of troops in 
 any house, in time of peace, without the consent of it* 
 owner, and, in time of war, except in the manner pre- 
 scribed by law. 
 
 Section sixteen defines treason against the state to 
 consist in levying war against it, adhering to its 
 enemies, or giving them aid and comfort. This is vir- 
 tually the definition given of treason in the constitu- 
 tion of the United States. It is also provided, that 
 no person shall be convicted of treason except upon 
 the evidence of two witnesses to the same act, or upon 
 confession in open court. 
 
 Section seventeen provides that any bail required 
 shall not be excessive, that is, beyond the nature of 
 the crime for which it is taken. The imposing of 
 excessive fines, and the infliction of cruel and unusual 
 punishments, are expressly forbidden. The next sec- 
 tion declares that private property shall not be taken 
 for the use of the public without just compensation to 
 the owner. The damages resulting from the appro-
 
 CIVIL GOVERNMENT OF IOWA. 59 
 
 priation of private property for public purposes, shall 
 be assessed by a jury, but no benefit that the owner of 
 the property would receive from the improvements for 
 which it is taken, can be considered in rendering- the 
 decision for damages. Every one is entitled to the use 
 of his property to the exclusion of all other private 
 citizens, but sometimes it becomes necessary to sacri- 
 fice private rights for the public weal. 
 
 Imprisonment for debt, in any civil process, except 
 in case of fraud, is forbidden by the nineteenth section, 
 and no person can be imprisoned for a military fine, in 
 time of peace. So long as the English common law 
 was in operation in this country, imprisonment for 
 debt was common, but now it is usually forbidden by 
 constitution or statute in all the states. If the action 
 of the debtor is such that it is reasonable to suppose 
 that he intends to avoid the payment of his debts by 
 concealing his property, or removing it from the state, 
 the provisions of this section will not apply. In Scot- 
 land, at the present time, a person may be imprisoned 
 for a debt of forty dollars or more. Whittier's poem, 
 '* The Prisoner for Debt," graphically portrays the con- 
 dition of persons confined for debt. 
 
 Section twenty insures to the people some of their 
 dearest rights, among which is that of assembling to 
 counsel for the common good. The rope-makers of 
 Boston held such meetings to devise means for resist- 
 ing the British soldiery. The modern word caucus is 
 said to be a corruption of caulkers, a term often applied 
 to rope-makers. The right of making known their 
 opinions to their representatives, and that of petition- 
 ing for a redress of grievances, are also guaranteed. 
 
 The language of the twenty-first section is as fol-
 
 6o CIVIL GOVERNMENT OF IOWA. 
 
 lows : " No bill of attainder, ex-post-facto law, or law 
 impairing the obligation of contracts, shall ever be 
 passed." A bill of attainder is a legislative act inflict- 
 ing the penalty of death, without trial, upon persons 
 supposed to be guilty of high crimes. In former times, 
 the parliament of Great Britain passed laws of this 
 kind, often for the purpose of reaching persons in high 
 places who could not be gotten rid of by ordinary pro- 
 cess of law. 
 
 An ex-post-facto law is one that is passed after 
 the commission of an act by which the act may be 
 punished as a crime. It would seem that the prohibi- 
 tion of ex-post-facto laws would make the latter part 
 of this section unnecessary. Ex-post-facto laws apply 
 to criminal and penal statutes, but not to those that 
 affect property only. Hence we may say that this part 
 of the section prohibits ex-post-facto laws in the inter- 
 ests of contracts. 
 
 Section ttventy-iwo grants to all foreigners residing 
 in the state, the same rights in respect to the posses- 
 sion, enjoyment, and descent of property, as native- 
 born citizens. 
 
 The tzventy-third prohibits slavery, and declares 
 that there shall be no involuntary servitude, except for 
 the punishment of crime. 
 
 The twc7itj^fourth limits leases of agricultural 
 lands from which rent or service of any kind is reserved, 
 to a period not exceeding twenty years. 
 
 The ttventy- fifth is a fitting one with which to 
 close this Bill of Rights. Its language is, " The enumer- 
 ation of rights shall not be construed to impair or 
 deny others, retaiaed by the people." Liberty, civil 
 and religious, is insured to all within the borders of the
 
 CIVIL GOVKRNMENT OF lOVVA. 
 
 6i 
 
 I 
 
 state, and, as if this were not enough, any other privi- 
 leges that may be enjoyed, are reserved to the people. 
 Surely our government rests on a foundation broad 
 and deep. 
 
 ARTICLE II. — RIGHT OF SUFFRAGE. 
 
 The constitution of every free government desig- 
 nates those persons in whom the right of suffrage is 
 vested. With us, all political power is inherent in the 
 people. The power referred to is usually called the 
 elective franchise, or the right to vote. It is customary 
 in the United States to restrict this right to male citi- 
 zens, twenty-one years of age, or older. Persons under 
 that age, as a rule, are considered incompetent to vote 
 understandingly upon questions of public importance, 
 but, at best, the rule is an arbitrary one. Some stand- 
 ard must be adopted, and perhaps the one in use is as 
 good as any other that could be established. To con- 
 struct a general law to cover special cases, is out of the 
 question. 
 
 Formerly, a property qualification was required of 
 electors — that is, before a man could vote, he was 
 obliged to prove that he owned a certain amount of 
 property, or paid taxes or rents of a specified sum. 
 Several of the states require educational qualifications 
 of electors, while others do not even require citizen- 
 ship of the United States as a test of eligibility to 
 vote. 
 
 All electors who are not accused of treason, felony, 
 or breach of the peace, are privileged from arrest on 
 election day, while attending the election, or going to 
 or returning from the same. No elector is obliged to 
 perform military duty on the day of election, except
 
 62 
 
 CIVIL GOVERNMENT OF IOWA. 
 
 in time of war or public danger. Persons, engaged in 
 the military, naval, or marine service of the United 
 States, do not gain a residence in the state by being 
 stationed here in the discharge of their duties. 
 
 Idiots and insane persons are prohibited from exer- 
 cising the right of suffrage, because they cannot do so 
 understandingly. The only qualified electors who are 
 denied this privilege, are those who have been con- 
 victed of some infamous crime. It would not be wise 
 to allow criminals a voice in making the laws. 
 
 The right of electors to vote as they choose is 
 established by the last clause, which declares that all 
 elections by the people shall be by ballot. 
 
 ARTICLE III. — DISTRIBUTION OF POWER. 
 
 Government, both state and tiatio}ial, is divided 
 into three departments — legislative, executive, and 
 judicial. It is intended that each department shall be 
 independent of the other two, but, so far, entire inde- 
 pendence has been found impossible. Each state in 
 the Union has a constitution which provides for these 
 three departments, and defines the powers of each. 
 The legislative department is also called the law-mak- 
 ing power, the executive, the latv-enforcmg power , and 
 the judicial, the law-interpreting pozver.
 
 LEGISLATIVE DEPARTMENT. 
 
 ARTICLE III.— Continued. 
 
 The legislative authority of this state shall be 
 vested in a general assembly, which shall consist of a 
 senate and a house of representatives; and the style of 
 every law shall be: "Be it enacted by the General 
 Assembly of the State of Iowa." The legislature has 
 the power to enact laws on any subject provided they 
 do not conflict with the national and state constitu- 
 tions, or with any acts of congress. 
 
 HOUSE OF REPRESENTATIVES. 
 Composition. The house of representatives, or 
 lower house, as it is sometimes called, is composed of 
 members chosen every second year, by the qualified 
 electors of their respective districts. 
 
 QUALIFICATIONS. — I. Jige. 2. Citizenship. 3. Inhabi- 
 tancy. 4. Residence. 
 
 Any person, having the required qualifications as 
 to age, citizenship, inhabitancy, and residence, is eligible 
 to a seat in the house of representatives, if properly 
 elected. A representative must be a male citizen of 
 the United States, and twenty-one years of age. He 
 must have been an inhabitant of the state of Iowa one 
 year next preceding his election, and, at the time of 
 his election, must have had an actual residence of sixty 
 days in the county or district he was chosen to rep- 
 resent. 
 
 -63-
 
 64 
 
 LEGISLATIVE DEPARTMENT. 
 
 NUMBER OF MEMBERS. 
 
 The house of representatives, at present, consists 
 of one hundred members, the largest number autho- 
 rized by the constitution. The number of representa- 
 tive districts is ninety- one , and the ratio of repre- 
 sentation is one representative for every twenty-four 
 thousand inhabitants, or fraction thereof more than 
 one-half, in each representative district. As the popu- 
 lation of the state increases, it becomes necessary to 
 increase the basis of representation. This is done at 
 each regular session of the general assembly. No rep- 
 resentative district can contain more than four counties, 
 and each district is entitled to at least one represen- 
 tative. 
 
 Every county or district, having a number of 
 inhabitants equal to one-half of the basis of representa- 
 tion, is entitled to one representative, and any one 
 county having one and one-half times the basis of rep- 
 resentation, is entitled to one additional representative. 
 By this provision, there is a gain of nine members 
 in the eighty-eight districts of the state. 
 
 CENSUS. 
 
 Section 33, of Article III, of the constitution, says, 
 " The general assembly shall, in the years 1859, 1863, 
 1865, 1867, 1869, 1875, and every ten years thereafter, 
 cause an enumeration to be made of all the inhabitants 
 of the state. These enumerations, together with the 
 United States census, taken on the first year of each 
 regular decade, enable the general assembly to appor- 
 tion the senators and representatives among the several 
 districts.
 
 LEGISLATIVE DEPARTMENT. 65 
 
 WHEN CHOSEN. 
 
 The members of the house of representatives are 
 chosen at the general election, held on Tuesday after 
 the first Monday in November of each odd-numbered 
 year. In some of the states, the meetings of the legis- 
 lature are held every year, and the members in such 
 instances are elected annually. 
 
 QUALIFICATIONS OF ELECTORS, 
 
 It will be seen by Art. II, Sec. i, of the constitu- 
 tion, that every male citizen of the United States, 
 twenty-one years of age, who has been a resident of 
 the state six months, and of the county in which he 
 claims his vote, sixty days next preceding the election, 
 is duly qualified to vote at any election held in the 
 state. Sections /our and /z>e of the same article con- 
 tain the only exceptions to the foregoing. (See Const.) 
 
 The term citizeti is often improperly restricted to 
 those persons who have the right to vote. The four- 
 teenth amendment to the United States constitution 
 says, " All persons born or naturalized in the United 
 States, and subject to the jurisdiction thereof, are citi- 
 zens of the United States and of the state wherein 
 they reside." In some states, foreigners acquire the 
 right to vote at all state elections upon taking out the 
 first naturalization papers. That is not the case in 
 Iowa, however. Here a foreigner must have completed 
 the process of naturalization before voting at any 
 election. 
 
 VACANCIES. 
 
 When vacancies occur in either house, it is the 
 duty of the governor, or acting executive officer, to 
 issue writs of election to fill such vacancies. 
 s
 
 66 LEGISLATIVE DEPARTMENT. 
 
 POWERS. 
 
 The house of representatives has the same power 
 as the senate in general law-making. Bills may origi- 
 nate in either house, and may be amended, altered, or 
 rejected by the other. The power to impeach state 
 officers is vested in the house of representatives, but 
 the trial of all persons impeached rests with the senate. 
 With this exception, the powers of both houses are the 
 same. 
 
 THE SENATE. 
 
 The senate is a representative body, its members 
 being chosen by the people, but it has only one-half as 
 many members as the house of representatives. It 
 was intended that its members should be men of wide 
 experience in public affairs. 
 
 COMPOSITION. 
 
 The senate is composed of members chosen at the 
 same time and place as members of the lower house. 
 The senatorial term is four years. 
 
 QUALIFICATIONS. 
 
 Senators must be at least twenty-five years of age. 
 The qualifications as to citizensJiip, inJiabitancy and 
 residence are the same as for representatives. The 
 duties of senators are considered to be more responsi- 
 ble than those of representatives, and hence the dis- 
 tinction in age is made. In this respect, the state 
 constitution is modeled after the constitution of the 
 United States. 
 
 NUMBER OF MEMBERS. 
 
 The constitution provides that the number of sena- 
 tors shall not be less than one-third, nor more than 
 one-half, of the representative body. The senate is
 
 LEGISLATIVE DEPARTMENT. 67 
 
 now composed of fifty members, the largest number 
 possible. In some of the other states, the number of 
 senators is considerably smaller than in our own state. 
 In all of the states, the senate has fewer members than 
 the house. The ratio of apportionment now is, one 
 senator for every forty-six thousand inhabitants in each 
 senatorial district. 
 
 HOW CLASSED. 
 
 At the first session of the legislature, the senators 
 were divided into two classes as nearly equal as possi- 
 ble. The term of those belonging to the first class 
 expired in two years, and that of the others in four 
 years. The successors of the members of each class 
 were chosen for four years. As the number of sena- 
 tors increased, they were annexed, by lot, to one or 
 the other of the two classes, so as to keep them as 
 nearly equal in numbers as practicable. At present, 
 there are two classes of twenty-five members each. 
 
 SENATE POWERS. 
 
 The senate is co-ordinate with the house in all 
 general legislation. The impeachment of all state 
 officers rests with the house of representatives, but 
 the trial of those impeached is conducted by the sen- 
 ate. When acting as a court in such cases, the sena- 
 tors are placed under oath or affirmation to decide the 
 case upon its merits. No person can be convicted 
 without the concurrence of two-thirds of the members 
 present. 
 
 The governor, judges of the supreme and district 
 courts, and other state officers, are liable to impeach- 
 ment for any misdemeanor or malfeasance in office. 
 Judgments in such cases extend only to removal from
 
 68 LEGISLATIVE DEPARTMENT. 
 
 office, and disqualification to hold any office of honor, 
 trust, or profit under the state. The decision of the 
 senate does not prevent the offender from being 
 indicted, tried, and punished, according" to the laws 
 which govern the crime of which he is accused. 
 
 PROVISIONS COMMON TO BOTH HOUSES. 
 
 Time of meeting. The sessions of the general 
 assembly are held once in two years, at the seat of gov- 
 ernment, and commence on the second Monday in 
 January of each even-numbered year. The governor 
 may, in cases of necessity, convene the general assem- 
 bly by proclamation, before the regular time of com- 
 mencement. At two o'clock in the afternoon of the 
 day on which the legislature meets, each house is 
 called to order by some person present who claims to 
 be a member. A temporary secretary of the senate, 
 and clerk of the house are then chosen, and they pro- 
 ceed to prepare lists of those claiming membership, 
 each for his own house. 
 
 The persons whose names appear on these lists, 
 appoint a committee of five on the credentials of mem- 
 bers of each house. The chairman of these commit- 
 tees report the names of those who hold certificates of 
 tlection to membership, and each house then proceeds 
 to form a permanent organization, by the election of 
 officers. The lieutenant-governor is ex-officio presid- 
 ing officer of the senate and acts in this capacity during 
 the term for which he is elected. He is not a member 
 of the senate, however. The presiding officer of the 
 house of representatives, called the speaker, is chosen 
 from among its own members. The other officers of 
 the senate are the secretary and two assistants, an
 
 :^EGISLATIVE DEPARTMENT. 69 
 
 enrolling clerk, an engrossing clerk, a sergeant-at-arms, 
 janitor, and doorkeeper. The house officers are, a# 
 chief clerk and two assistants, clerks for enrolling and 
 engrossing, a sergeant-at-arms, two postmasters, a 
 doorkeeper, janitor and assistant, and mail carrier. 
 
 OATH. 
 
 Members of the general assembly, must take an 
 oath or affirmation before entering upon the discharge 
 of their duties. The form of the oath is as follows: 
 " 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 discharge the duties of senator (or repre- 
 sentative), to the best of my ability." This is, sub- 
 stantially, the oath taken by all officers in the state, 
 from the lowest to the highest. Members of either 
 house are authorized to administer the oath to each 
 other, or to any other persons doing business with 
 them when in session, or when acting as members of 
 committees. 
 
 SALARY. 
 
 The members of the general assembly are allowed 
 a compensation for their services, the amount of which 
 shall be determined by law. At the fir-t meeting 
 under the new constitution, the members of each 
 house received three dollars per day for their services 
 while in session, and three dollars for every twenty 
 miles traveled in going to and returning from the seat 
 of government by the nearest traveled route. 
 
 The law now is that every member shall receive 
 five hundred and fifty dollars for each regular session, 
 and five cents a mile in going to and returning from 
 the capital. For each special session, each
 
 'JO LEGISLATIVE DEPARTMENT. 
 
 member receives the same compensation per day that 
 was received by members at the preceding regular 
 session. For example, if the legislature remained in 
 session one hundred days at the last regular meeting, 
 the rate per day would be five dollars and a half. This, 
 then, would be the rate of compensation for each day 
 of the special session. In no case, however, can the 
 pay of members for any special session, be more than 
 six dollars per day, exclusive of mileage. Members 
 and clerks are supplied with all necessary stationery at 
 the expense of the state. 
 
 The compensation of officers of the legislature 
 who are not members of either house, is also fixed by 
 law. The Twenty-third General Assembly established 
 the following rates: The secretary of the senate and 
 chief clerk of the house shall each receive seven dollars 
 per day, the assistant secretaries and clerks, six dollars 
 per day, and the enrolling and engrossing clerks five 
 dollars per day, each. The sergeants-at-arms, door- 
 keepers, janitors, and postmasters shall be paid four 
 dollars each, and the mail carrier, five dollars. The 
 clerks of committees shall receive three dollars, the 
 paper-folders, two dollars and fifty cents, and the mes- 
 sengers, two dollars per day, each. 
 
 At the expiration of thirty days from the conven- 
 ing of the general assembly, the members are entitled 
 to draw the mileage due them, and also one-half of 
 the compensation for the entire session. The minor 
 officers and employes receive their pay from time to 
 time upon the certificates of the presiding officers of 
 the respective houses in which they are employed. 
 The remainder of the salary is paid at the close of the 
 session.
 
 LEGISLATIVE DEPARTMENT. Jl 
 
 MEMBERS. 
 
 Each house chooses its own officers and judges of 
 the qualification, election, and return of its own 
 members. A person, who has not all the necessary- 
 qualifications for membership may be elected, and his 
 certificate of election properly returned. It is left 
 with each house to decide all questions of this kind. 
 A contested election is settled in a manner prescribed 
 by law. The speaker of the house holds his office the 
 full term for which he was elected, but all other officers 
 serve only during the session at which they were 
 chosen. 
 
 A majority of the members of each 
 house constitute a quorum for the transaction of busi- 
 ness. A smaller number may adjourn from day to 
 day, and may compel the attendance of absent mem- 
 bers, in such manner, and under such penalties, as 
 each house may provide. 
 
 ADJOURNMENTS, PENALTIES, ETC. 
 
 Each house determines the time of its own adjourn- 
 ments with the restriction that 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. The reason for this excep- 
 tion is, that one house might retard the business of 
 the other, or prevent legislation altogether by adjourn- 
 Mng from place to place, or for an indefinite period of 
 time. 
 
 In addition to keeping and publishing a journal of 
 its own proceedings, each house determines the rules 
 by which it is governed. In the absence of other rules, 
 those contained in Cushing's Manual of parliamentary
 
 *JZ LEGISLATIVE DEPARTMENT. 
 
 practice are used. One of the rules established by the 
 constitution is, that each house shall sit with open 
 doors, except on such occasions as require secrecy. 
 This is not properly a rule of order, however. 
 
 Members may be punished or expelled for dis- 
 orderly conduct. It requires a two-thirds majority to 
 expel, and no person can be so punished a second time 
 for the same offense. 
 
 PRIVILEGES. 
 
 Of speech. No member can be called in ques- 
 tion in any other place for anything that he may say in 
 any speech or debate upon any question in either house. 
 The rules of order determine the mode of procedure 
 in debate, and a member may be denied the right to 
 participate in discussion for violating those rules. 
 
 From arrest. Senators and representatives, in 
 all cases except treason, felony, and breach of the 
 peace, are privileged from arrest while attending a ses- 
 sion of the legislature, and in going to and returning 
 from the same. Were it not for this provision, such 
 persons might be unlawfully detained, to the detri- 
 ment of themselves and the people they were chosen 
 to represent. 
 
 Protest. Any member has the right to dissent 
 from, or protest against any act or resolution which he 
 may consider injurious to the public, or to private citi- 
 zens. He may also have his objections to the measure 
 entered upon the journal of the house of which he is- 
 a member. At the call of any two members present, 
 a vote by yeas and nays must be taken and recorded 
 in the journal. The process of voting in this way is 
 longer than the ordinary one, but it serves to put each 
 member upon record as to how he votes. The names
 
 LEGISLATIVE DEPARTMENT. 73 
 
 of members and manner of voting are made a part of 
 the record, and the people, in this way, are enabled to 
 learn just what their representatives are doing. 
 
 From arrest. Any person who knowingly arrests 
 a member in violation of his privilege, is guilty of con- 
 tempt, and may be punished by fine or imprisonment, 
 or both. The same penalty may be inflicted upon any 
 one for assaulting or threatening to assault a member, 
 or injure his person or property on account of any- 
 thing said or done by him in the discharge of his 
 duties. Any attempt to control or influence the action 
 of a member, by menace or other improper means, is 
 considered a contempt, and may be punished as pre- 
 scribed above. Several minor Offenses may be treated 
 in the same way. 
 
 PENALTIES. 
 
 Fines and imprisonments for contempt are made 
 upon an order from the proper house. The order, with 
 the reasons for which it was issued, must be entered 
 upon the journal. A warrant for imprisonment is signed 
 by the presiding officer and countersigned by the 
 secretary or clerk. The sheriff, or jailor, of the proper 
 county receives the warrant, and serves it in the same 
 manner as any other writ. Such imprisonment cannot 
 extend beyond the session at which it is ordered, but 
 the guilty party may be tried and punished for the 
 same offense, in the courts of the state. 
 
 Witnesses. Any person may be summoned, by 
 subpoena, to appear before any committee of either or 
 both houses to testify upon any subject which the com- 
 mittee may be considering. The person so summoned 
 is entitled to the same compensation as witnesses
 
 74 LEGISLATIVE DEPARTMENT. 
 
 before the district court, but he cannot demand the 
 payment of his fees in advance. 
 
 PROHIBITIONS. 
 On Members. As a means of preventing fraud, 
 the following section was adopted : " No senator or 
 representative shall, during the time for which he 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 increased 
 during such term, except such offices as may be filled 
 by elections by the people." A similar provision is 
 contained in the constitution of the United States. 
 
 Persons holding lucrative offices under the 
 United States, the state of Iowa, or any other power, 
 are declared by the constitution of the state to be ineli- 
 gible to a seat in the general assembly. Officers of the 
 militia, who draw no annual salary, justices of the 
 peace, postmasters, whose compensation is not more 
 than one hundred dollars per year, and notaries public, 
 are not included in the provisions of this section. 
 
 Before any person, who has been a holder or 
 collector of public money, can take his seat as a mem- 
 ber of the general assembly, or be eligible to hold any 
 office of trust or profit in this state, he must have 
 accounted for and paid into the treasury all funds 
 belonging to his office. This is to prevent persons, 
 guilty of appropriating public money to improper uses, 
 from becoming legislators in their own behalf. 
 
 ON OFFICERS, ETC. 
 After any officer, public agent, or contractor, has 
 entered upon the discharge of his duties, or completed 
 the services agreed upon, he cannot receive any extra
 
 LEGISLATIVE DEPARTMENT. 75 
 
 compensation for such services. No money can be 
 drawn from the public treasury except in accordance 
 with appropriations made by law. Money cannot be 
 paid on any claim that was not provided for by pre- 
 existing laws, and the appropriation of public money 
 or property, for private purposes, cannot be made 
 except with the concurrence of two-thirds of all the 
 members elected to each house. 
 
 ON THE LEGISLATURE. 
 
 The general assembly is forbidden to pass any 
 local or special laws for levying taxes for state, county, 
 or road purposes ; for laying out and improving roads ; 
 for changing the names of persons ; for the incorpora- 
 tion of cities and towns ; for vacating roads, town 
 plats, streets, alleys, or public squares; and for locating 
 or changing county seats. In these and all other cases 
 of a general nature, all laws must be of uniform opera- 
 tion throughout the state. The legislature can pass 
 no law for changing the boundaries of counties, that 
 may not, at a general election, be ratified or rejected 
 by the people of the counties affected. 
 
 The general assembly is prohibited from grant- 
 ing divorces, or authorizing lotteries and the sale of 
 lottery tickets within the state. Only one subject, 
 with the matters pertaining to it, can be included in 
 any one bill, and the subject treated of must be stated 
 in the title of the bill. If the subject matter of any 
 bill is not expressed in the title, that part of the act 
 referring to such subject matter is void. 
 
 Laws of a public nature, passed at a regular 
 session of the legislature, do not take effect until the 
 Fourth of July after they are passed. The laws 
 enacted at a special session take effect in ninety days
 
 76 LEGISLATIVE DEPARTMENT. 
 
 after adjournment. Any law that is deemed to be of 
 special importance may be put into effect by publica- 
 tion in certain designated newspapers published in the 
 state. 
 
 LAW MAKING. 
 
 The draft of a proposed law is called a bill. As 
 it would be impossible, in open session, to transact all 
 business connected with law-making, it is customary to 
 refer certain parts of the work t ) committees. These 
 committees are of two kinds, standing and special. 
 The nature of the measure determines the committee 
 to which it is referred. Committee meetings are held 
 between the daily sessions of the legislature, and the 
 result of their deliberations is reported to the proper 
 house for final action. 
 
 Bills may be introduced in either house, but 
 the other house may alter, amend, or reject them 
 altogether. Before a bill can become a law, it must 
 pass both houses and be signed by the speaker of the 
 house and president of the senate. It is then pre- 
 sented to the governor for approval. If he is satisfied 
 with its provisions, he affixes his signature and the bill 
 becomes a law. If he objects to the bill, it is his duty 
 to return it to the house in which it originated, with 
 his objections. 
 
 These objections being entered upon the journal, 
 this house then proceeds to reconsider the bill. If, 
 after such reconsideration, the bill is again passed by 
 a two-thirds majority of each house, it becomes a law, 
 notwithstanding the governor's objections. The refusal 
 of the governor to sign a bill is called his veto. Veto 
 is a Latin expression, signifying, " I forbid it." The
 
 LEGISLATIVE DEPAKTMEXT. 77 
 
 veto power has been exercised but once in this state 
 during the past twelve years. 
 
 The failure of the governor to return a bill 
 within three days from the time it is presented to him 
 (Sunday excepted), is equivalent to his signature, 
 unless the general assembly, by adjournment, prevent 
 its return. A bill presented to the governor during 
 the last three days of the session must be deposited by 
 him with the secretary of state within thirty days 
 from the time the legislature adjourned. He must 
 also signify his approval by signing the bill, or if he 
 vetoes it, his objections must be filed with the secre- 
 tary of state, along with the bill itself. 
 
 Every act or resolution receives three separate 
 readings, but its second and third readings can not 
 occur upon the same day. A bill cannot be passed 
 without the assent of a majority of all the members 
 elected to each branch of the legislature. The ques- 
 tion upon its final passage must be taken immediately 
 after its last reading, the vote being by yeas and nays. 
 
 Certain business of the general assembly is 
 transacted in joint convention of both houses. Such 
 meetings are held in the hall of the house of represen- 
 tatives, and, in the absence of the president of the 
 senate and speaker of the house, a temporary presi- 
 dent is chosen on joint ballot. A record of the pro- 
 ceedings is kept by the clerk of the house and the 
 secretary of the senate, and recorded by them upon 
 the journals of their respective houses. 
 
 United States senators are elected by the legis- 
 lature in joint convention in the following manner: 
 The names of the members are arranged in alphabeti- 
 cal order, and each one votes in the order in which his
 
 78 
 
 LEGISLATIVE DEPARTMEXT. 
 
 name stands on the list. The name of the person 
 voted for, and of the one voting, are recorded in 
 writing by the judges of election, and, after the names 
 are read a second time, to correct any errors of record 
 that may have been made, the judges report to the 
 presiding officer the number of votes each candidate 
 has received. If no one has received a majority of all 
 the votes cast, a second vote is taken, and so on from 
 time to time until some one receives a majority. • 
 
 The person receiving such a majority is declared 
 to be duly elected, and the president of the conven- 
 tion signs duplicate certificates of election, one of 
 which is transmitted to the governor, the other being 
 preserved as a part of the records of the convention. 
 This is substantially the plan pursued in the election 
 of all officers chosen by the general assembly in joint 
 convention.
 
 EXECUTIVE DEPARTMENT. 
 
 ARTICLE IV. 
 
 To this department belongs the power of exe- 
 cuting, or carrying into effect, the laws of the state. 
 Its principal officer is the governor, who holds his 
 office for two years from the time of his installation. 
 He is elected by the qualified electors of the state on 
 the second Tuesday in October of each odd-numbered 
 year. The duties of the governor are very important, 
 for to him is entrusted the care of seeing that all the 
 laws are faithfully enforced. A lieutenant-governor is 
 chosen at the time of the election of governor, who 
 also holds his office for two years. 
 
 The qualifications of the governor differ in dif- 
 ferent states. In Iowa, no person is eligible to that 
 position who is not a male citizen of the United States, 
 at least thirty years of age, and who has not been a 
 resident of the state the two years next preceding the 
 election. The same qualifications are required of can- 
 didates for the position of lieutenant-governor. 
 
 The official term of these officers commences 
 on the second Monday in January following their elec- 
 tion, and continues for two years and until their suc- 
 cessors are elected and qualified. The returns of the 
 election for governor and lieutenant-governor are sealed 
 and transmitted to the seat of government. They 
 are directed to the speaker of the house of representa- 
 
 —79—
 
 8o EXECUTIVE DEPARTMENT. 
 
 tives, and it is his duty to open and publish them in 
 the presence of both houses of the general assembly. 
 In some states, these officers are elected every year. 
 
 The persons who have received the highest 
 number of votes for governor and lieutenant-governor 
 respectively, are declared elected. In case of a tie 
 vote for two or more persons for either office, it is the 
 duty of the general assembly in joint meeting to pro- 
 ceed to the election of governor or lieutenant-gov- 
 ernor, as the case may be. 
 
 The governor is commander-in-chief of the 
 militia, and of the army and navy of the state. He 
 transacts business with all civil and military officers of 
 the government, and receives information from the 
 other officers of the executive department upon any 
 subject pertaining to their duties. 
 
 When any office becomes vacant from any cause, 
 it is the duty of the governor to fill the vacancy by 
 appointment unless the constitution or laws of the 
 state provide some other way. The appointment last? 
 only until the end of the next meeting of the legisla- 
 ture or the next general election by the people. 
 
 He may, on extraordinary occasions, call a 
 special session of the general assembly by proclama- 
 tion, and when both houses have assembled, it is his 
 duty to state to them the reasons for which they have 
 been convened. This action is rarely taken except in 
 cases of public danger, as the expense of holding a 
 session for a few days only, amounts to a large sum of 
 money. The mileage is the same for a special as for 
 a regular session. 
 
 After the organization of the general assembly 
 is completed, the governor's message is read to each
 
 EXECUTIVE DEPARTMENT. 
 
 8i 
 
 house by its clerk. This message contains a state- 
 ment of the condition of the state, together with such 
 recommendations as the governor may see fit to make 
 concerning matters of importance. This document 
 corresponds to the president's annual message to con- 
 gress, and is always written or printed. The first two 
 presidents made their recommendations in person, but 
 since their time, the present custom has prevailed. 
 
 In case both houses fail to agree upon the time 
 of adjournment, the governor fixes the time at which 
 that body shall stand adjourned. The power to pro- 
 rogue or forbid the assembling of the legislature is 
 expressly denied by the last clause of section thirteen 
 of this article. 
 
 The governor has power to grant commutations 
 and pardons in all cases except treason and impeach- 
 ment, subject to regulations provided by law. A 
 reprieve is a temporary suspension of the death penalty 
 that has been passed upon a person convicted of a capi- 
 tal crime. For a number of years the death penalty 
 was forbidden by the laws of the state, but it was 
 revived in 1878 and may be applied upon conviction 
 of murder in the first degree. A commutation of a 
 sentence shortens the time or lessens the severity of 
 the punishment. A pardon forgives the criminal and 
 orders his release. 
 
 After a person has been convicted of treason, 
 the governor may suspend the execution of the sen- 
 tence until the legislature can act upon the matter. 
 That body may either grant a pardon, commute the 
 sentence or direct its execution, or extend the time of 
 the reprieve. The governor has the power to remit
 
 »3 
 
 EXECUTIVE DEPARTMENT. 
 
 fines and forfeitures also, but under certain restrictions 
 made by law. 
 
 Each case of reprieve, commutation, pardon, or 
 remission of fine or forfeiture must be reported to the 
 general assembly at its next meeting. The name of 
 the person relieved from any of the above psnalties 
 with the reasons for the executive action must form a 
 part of the report. 
 
 The lieutenant-governor is ex-officio president of 
 the senate, but he has no vote except when that body 
 is equally divided. In case of the absence or disa- 
 bility of this officer, or when he is discharging the 
 duties of governor, it becomes necessary for the senate 
 to choose a president pro-tem. The salary of the lieu- 
 tenant-governor is fixed at double that of members of 
 the senate. This, according to the present law, amounts 
 to eleven hundred dollars for the term of two years. 
 In case of the death, impeachment, or removal of the 
 governor, the duties of that officer devolve upon the 
 lieutenant-governor, and during the time he is acting 
 in such capacity, he receives the same compensation 
 as the governor. 
 
 If the lieutenant-governor, while acting as gov- 
 ernor, is impeached or displaced, or for any other 
 reason becomes unable to perform the duties devolv- 
 ing upon him, the president /r^-/<f;« of the senate acts 
 as governor until the vacancy is filled, or the disability 
 removed. And in case this officer becomes disqualified 
 from any cause, the speaker of the house of represen- 
 tatives acts in his stead. 
 
 The governor is the custodian of the great seal of 
 the state which is used by him officially in sealing all 
 grants and commissions. All commissions granted
 
 EXECUTIVE DEPARTMENT. 
 
 83 
 
 by the governor must be signed by him and counter- 
 signed by the secretary of state. The motto t»f the 
 state is a grand one : " Our hberties we prize, and our 
 rights we will maintain." 
 
 Besides the officers of the executive department 
 already mentioned, the people elect biennially, a sec- 
 retary of state, an auditor of state, and a state treas- 
 urer, whose duties are defined by law. 

 
 JUDICIAL DEPARTMENT. 
 
 ARTICLE V. 
 
 The judicial department consists of the supreme 
 and district courts expressly provided for by the con- 
 stitution and the circuit and justice courts established 
 by act of the general assembly. At first the supreme 
 court consisted of three members, two of whom con- 
 stituted a quorum for holding court. This number 
 has been increased to five, and one member is elected 
 annually for five years in each period of six years. 
 Under the present law, there will be no judge elected 
 in the year 1892 but every sixth year thereafter. The 
 judge having the shortest term to serve acts as chief 
 justice. From this it will be seen that each member 
 of the supreme court is chief justice during the last 
 year of his term. Judges of this court are ineligible 
 to any other office in this state during the term for 
 which they have been elected. 
 
 The supreme court is a tribunal for the interpreta- 
 tion of law and the correction of errors made by 
 judges of the lower courts. It has appellate jurisdic- 
 tion in cases of chancery only. In addition to the 
 above-mentioned powers, this court has the general 
 supervision of all the lower courts. 
 
 The salary of judges of the supreme court was 
 fixed by section nine of this article, at two thousand 
 dollars per annum, but the same section gave the gen- 
 -84-
 
 MILITIA. 85 
 
 eral assembly power to increase the compensation from 
 time to time. The salary at present is four thousand 
 dollars per annum. 
 
 The clerk of the supreme court has charge of all 
 decisions made by the court. His duties are such as 
 are indicated by his title. He is placed under bonds 
 to the amount of not less than ten thousand dollars, 
 and for his services, he receives twenty-two hundred 
 dollars per year. He is allowed to appoint a deputy, 
 who is paid twelve hundred dollars per year. The next 
 election of clerk and reporter of the supreme court occurs 
 in the y*ar 1890. Their term of office is for four years. 
 
 The supreme court reporter has charge of publish- 
 ing the decisions of the court in reports of from 750 to 
 800 pages each. These reports are copyrighted in the 
 name of the state, and the reporter is forbidden to 
 have any pecuniary interest in them. Salary, two 
 thousand dollars per year, payable quarterly. 
 
 ARTICLE VI. — MILITIA. 
 
 All able-bodied male citizens of the state, between 
 the ages of eighteen and forty-five years, except such 
 as have served in the United States service and been 
 honorably discharged, compose the militia. The gen- 
 eral assembly has at different times passed laws for 
 arming, equipping, and training the militia. At pres- 
 ent, an annual appropriation of twenty thousand dol- 
 lars is made to cover these and other expenses. All 
 commissioned officers are elected by those subject to 
 military duty, and commissioned by the governor. 
 Those now subject to military duty number fully 
 twenty-five thousand men.
 
 86 STATE DEBTS. 
 
 The governor is commander-in-chief of the militia, 
 and may call it out at any time when the public safety 
 requires it. His powers are limited to this state only, 
 and he cannot send a member out of the state against 
 his will. Practically, the militia is unorganized, only a 
 small portion being trained and equipped for duty. 
 There are but two brigades of volunteers, numbering 
 in all about twenty-three hundred men, known as the 
 " Iowa National Guards." 
 
 ARTICLE VII. — STATE DEBTS. 
 
 This article provides that the credit of the state 
 cannot, in any manner, be given, or loaned, to any 
 individual, association, or corporations, and the debts 
 of individuals, associations, or corporations, cannot be 
 assumed by the state, unless they were incurred for 
 the benefit of the state in time of war. 
 
 The state may contract debts not to exceed two 
 hundred and fifty thousand dollars to supply deficits 
 in revenue, or to meet expenses not otherwise provided 
 for. Money borrowed on the credit of the state must 
 be used for no other purpose than that for which it 
 was obtained. 
 
 All losses to the permanent school or university 
 fund which have been caused by defalcation or mis- 
 management, are audited by the proper authorities and 
 form a permanent funded debt against the state for 
 the benefit of the fund that has sustained the loss. 
 Indebtedness created in this way does not form a part 
 of that to which reference is made in the preceding 
 paragraph. 
 
 The state may also contract debts for its deftmise 
 in time of war, insurrection, or invasion. During the
 
 CORPORATIONS. 87 
 
 late civil war, debts to the amount of three hundred 
 and fifty thousand dollars were contracted in accord- 
 ance with section four of this article, but they have 
 all been paid and the state is now practically out of 
 debt. 
 
 Certain other debts may be authorized by special 
 act of the general assembly, but no law of this kind 
 can take effect until it has been ratified by a majority 
 vote of the people at a general election. After such a 
 law has been approved by the people, the general 
 assembly may repeal it, provided no debt has been 
 created in the mean time, for the purpose for which 
 the law was passed. Every law that imposes, continues, 
 or revives a tax must state the object to which the tax 
 is to be applied. 
 
 ARTICLE VIII. — CORPORATIONS. 
 
 A corporation is an association of persons for the 
 transaction of business under one firm name, or as a 
 single person. Such associations are usually governed 
 by a charter, the provisions of which define their 
 powers and limit their responsibilities. This section 
 provides that no corporation can be formed by special 
 law, but the general assembly may, by general enact- 
 ment, provide for the organization of various corpora- 
 tions. The state cannot become a stockholder in any 
 organization of this character, and no liabilities can 
 be assumed by the state, unless they were contracted 
 in time of war. The property of all corporations for 
 pecuniary uses is subject to taxation the same as that 
 of private citizens. 
 
 It is expressly provided that no political or muni- 
 cipal corporation can in any way become a stockholder
 
 88 EDUCATION. 
 
 in any banking corporation, and no association of per- 
 sons with banking powers can be formed until the law 
 authorizing its establishment has been ratified by a 
 majority vote of the people at an election held at 
 least three months after its enactment. The remainder 
 of the section is devoted to the discussion of certain 
 provisions relating to banks and banking corporations. 
 
 ARTICLE IX. — EDUCATION. 
 
 By this article the educational interests of the 
 state were placed under the control of a board of edu- 
 cation of which the lieutenant-governor was the pre- 
 siding officer. One member of this board was chosen 
 from each judicial district for a term of four years. 
 The board was so organized that one-half of its mem- 
 bers were chosen every second year. One meeting 
 was held each year at a time fixed by the general 
 assembly, but no meeting could last for a longer period 
 than twenty days. Special meetings might be called 
 by the governor, upon the recommendation of two- 
 thirds of the members of the board. 
 
 The secretary was appointed by the board, and it 
 was his duty to keep records of the proceedings of all 
 meetings of the board, and have them published for 
 distribution among the several counties, townships, 
 and school districts. All of its rules and regulations 
 were considered a part of the school law of the state, 
 unless they were altered, amended, or repealed by the 
 general assembly. The governor was, ex-officio, a mem- 
 ber of the board. 
 
 It had no power to levy taxes or make appropria- 
 tions of money for any purpose, but all contingent 
 expenses were provided for by law. It was the duty
 
 SCHOOL FUNDS. 89 
 
 of the board to provide for the education of all the 
 youths of the state through a system of common 
 schools, at least one of which was to be kept in each 
 school district for not less than three months each 
 year. The compensation of its members was the same 
 as that of members of the general assembly, and 
 mileage was also allowed each member for going to and 
 returning from each session. 
 
 A majority of the board was a quorum to transact 
 business, but no rule, regulation, or law could be passed 
 without the concurrence of a majority of all the mem- 
 bers. The vote on the final passage of any measure 
 was by yeas and nays. Section eleven provided for 
 the establishment of the State University at one place 
 without branches at any other place, and the univer- 
 sity fund was secured to that institution and no other. 
 
 Section fifteen provided that at any time after the 
 year 1863, the general assembly might reorganize the 
 board of education or abolish it altogether, and pro- 
 vide for the educational interests of the state in some 
 other way. The board was abolished by chapter fifty- 
 two of the laws of 1864, and this part of article nine has 
 not been in force since that time. 
 
 SCHOOL FUNDS AND SCHOOL LANDS. 
 
 The second division of this article places the 
 school funds and school lands under the control of the 
 general assembly. The proceeds arising from the rent 
 or sale of the university lands constitute a fund for the 
 use of the State University, and the interest arising 
 from this fund is annually appropriated for the sup- 
 port and benefit of that institution. A history of the 
 university wiU be found in the chapter entitled ''State 
 Institutions. "
 
 9© AMENDMENTS. 
 
 By section three, very liberal appropriations are 
 made for the benefit of the common schools. The 
 general assembly is instructed to encourage, by all 
 suitable means, the promotion of intellectual, scientific, 
 moral, and agricultural improvement. The different 
 sources from which the permanent school fund is 
 derived, have been mentioned in another part of this 
 volume. The money paid by persons for exemption 
 from military duty and the net proceeds of all fines 
 collected in the .several counties for any violation of 
 the penal laws of the state, are applied for the benefit 
 of the common schools in the counties in which the 
 money is collected. All fines and forfeitures of this 
 kind are distributed among the different school dis- 
 tricts according to the number of persons of school 
 age, to be used for the support of the schools, or the 
 establishment of libraries. 
 
 The financial agents of all school funds are the same 
 as those authorized by law to receive and control the 
 revenue of the state and of the different counties. The 
 distribution of all money for the support of the common 
 schools is made in proportion to the number of persons 
 between the ages of five and twenty-one years. 
 
 ARTICLE X. — AMENDMENTS. 
 
 It is evident that no constitution can be prepared 
 to meet the wants of all future times and generations. 
 The best governments on earth are imperfect and 
 require alterations from time to time. All constitu- 
 tions provide for their own amendment, but the process 
 differs in different states. The process of amending 
 the constitution of this state is quite lengthy, but it 
 insures the people against hasty action. An amend- 
 ment may be proposed in either house, and, if a major- 
 ity of all the members of each house favor it, it is 
 entered upon both journals wiih the yeas and nays, and
 
 MISCELLANEOUS. 9I 
 
 referred to the next assembly at its regular session. 
 The amendment, as adopted by the first assembly to 
 which it was submitted, is published in the papers 
 designated by law, for three months previous to the 
 election of members of the next general assembly. If 
 ratified by a majority of the second general assembly, 
 the proposition is then referred to the electors of the 
 state, and if a majority of the votes cast favor it, it 
 becomes a part of the law of the state. 
 
 The first amendment extended the right of suffrage 
 by striking the word white from articles 2,3, and 6 of 
 the constitution. The second, or prohibitory a}ne?td- 
 nient was ratified by the people at a special election 
 on the 27th of June, 1882, but was declared uncon- 
 stitutional by the supreme court. In November, 1884, 
 four amendments were ratified by the people. The 
 first changed the time of holding all general elections 
 to the Tuesday after the first Monday in November. 
 The third gives the general assembly power to change 
 the organization of the state for district court purposes. 
 The fourth provides for abolishing the grand jury, or 
 for changing the number of members of that body to 
 not less than five, nor more than fifteen, according to 
 the decision of the general assembly. The fifih 
 amended section thirteen of article five, so as to abolish 
 the office of district attorney and to provide for the 
 election of a county attorney in each county. 
 ARTICLE XI. — MISCELLANEOUS. 
 
 Section one provides that the jurisdiction of justices 
 of the peace shall extend to all civil cases (except 
 chancery cases and to. real estate titles), where tlie 
 amount does not exceed one hundred dollars. By the 
 consent of both parties, the jurisdiction may be extend- 
 ed to any amount not exceeding three hundred dollars. 
 
 The second section declares that no new county, 
 containing less than four hundred and thirty-two 
 square miles, can be created. The territory of any 
 organized county cannot be reduced below that size.
 
 92 MISCELLANEOUS. 
 
 Provision is made for the organization of Worth and 
 other counties lying to the west of it along the north- 
 ern boundary of the state, without additional territory. 
 An act of the general assembly passed in January, 1870, 
 erected the county of Crocker from the northern three 
 tiers of townships in Kossuth County, but the supreme 
 court declared the act unconstitutional in December 
 of the following year. 
 
 Section three. No county, or other political or 
 municipal corporation, can become indebted in any 
 manner, or for any purpose, to exceed the amount of 
 five per cent, on the value of the taxable property. 
 The value of the property of the county or other cor- 
 poration is determined by the last state and county 
 tax-lists previous to the time the debt was incurred. 
 
 The next section provides that the boundaries of 
 the state may be enlarged, with the consent of con- 
 gress and the general assembly. According to the 
 latest surveys, the area of the state comprises 56,025 
 square miles. There are ninety-nine counties, and all 
 but twenty-seven of them have been organized since 
 the state was admitted into the Union. 
 
 Section Jive is as follows : " Every person, elected 
 or appointed to any office, shall, before entering upon 
 the discharge of the duties thereof, take an oath or 
 affirmation to support the constitution of the United 
 States, and of this state, and also an oath of office." 
 The form of the oath is given elsewhere. The sixth 
 section provides that persons elected to fill vacancies 
 in office shall serve for the remainder of the unexpired 
 term only, and all persons appointed to fill vacancies 
 in office shall hold until the next general election, and 
 until their successors are elected and qualified.
 
 SCHEDULE. 93 
 
 The seventh section prohibits the general assem- 
 bly from locating any of the public lands which 
 have been or may be granted by congress to this state, 
 upon lands actually settled, without the consent of the 
 occupant. The last section establishes the seat of 
 government permanently at Des Moines, in the county 
 of Polk, and the State University at Iowa City, in 
 Johnson County. 
 
 ARTICLE XII. — SCHEDULE. 
 
 The constitution is declared to be the supreme 
 law of the state, and any law inconsistent with it shall 
 be void. The general assembly was authorized to pass 
 all laws necessary to carry the constitution into effect. 
 All laws that were in force at the time the constitution 
 was adopted, and not inconsistent with it, were to 
 remain in force until they expired or were repealed. 
 
 All proceedings of any characters pending in the 
 courts at the time the constitution was adopted, were 
 to be prosecuted to final judgment and execution, 
 and all offenses, misdemeanors, and crimes that were 
 committed before the adoption of the constitution 
 were to be subject to indictment, trial, and punish- 
 ment in the same manner as they would have been if 
 the constitution had not been adopted. 
 
 All fines, penalties, or forfeitures due, or to become 
 due, to the state, or to any county, or to the school 
 fund, were reserved to the fund for which they were 
 intended, in the manner prescribed by law. All bonds 
 executed to the state, or to any officer in his ofificial 
 capacity, were to inure to the use of those to whom 
 they were given. 
 
 Sections six to eleven inclusive, contain provisions 
 for the election of officers under the new constitution,
 
 94 SCHEDULE. 
 
 and for the continuance in office of those chosen prior 
 to its adoption. Section twelve authorized the general 
 assembly to divide the state into eleven judicial dis- 
 tricts, for district court purposes, and also to provide 
 for the apportionment of members of the genera) 
 assembly in accordance with the provisions of the new 
 constitution. 
 
 Section thirteen prescribes the plan to be pursued 
 by the people in voting for or against the adoption of 
 the new constitution. The last clause of the section 
 is, "And if it shall appear that a majority of all the 
 votes cast at such election for and against this consti- 
 tution are in favor of the same, the governor shall 
 immediately issue his proclamation stating that fact, 
 and such constitution shall be the constitution of the 
 state of Iowa, and shall take effect from and after the 
 publication of said proclamation," 
 
 The fourteenth section provides for submitting to 
 the people at the same election that the constitution 
 is submitted, a proposition to amend the same by 
 striking out the word " white " from the article on the 
 " Right of Suffrage." 
 
 The election was held August 3, 1857, and a 
 majority of the votes cast was found to be in favor of 
 the adoption of the constitution. The vote was, 40,31 1 
 for, and 38,681 against it. The proposed amendment 
 was defeated at this time, but, as stated in another 
 place, it was adopted in 1868. The last section made 
 the county of Mills a part of the sixth judicial district 
 until otherwise directed by law.
 
 STATE. 
 
 Thus far the work has been confined to the civil 
 government of Iowa as provided for in the constitution 
 of the state. We shall now proceed to a discussion of 
 the government as it now exists in state, county, town 
 and township. 
 
 The duties of the governor and lieutenant-gov- 
 ernor have already been referred to in a general way. 
 The Code of Iowa should be used as a book of refer- 
 ence in the preparation of work on this subject and a 
 full account of the duties of these officers will be found 
 therein. The salary of the governor is three thousand 
 
 dollars per year. 
 
 STATE AUDITOR. 
 
 The auditor is the general accountant of the state 
 and to him is entrusted the task of keeping just 
 accounts of all money belonging to the state as well 
 as of all funds disbursed. He superintends the fiscal 
 affairs of the state and furnishes information with the 
 proper forms to enable county auditors and treasurers 
 to perform the duties of their respective offices. He 
 draws warrants on the treasury for all appropriations 
 authorized by law, and reports to the governor before 
 each regular session of the general assembly, the 
 amount of all revenue, funds, income, and taxable 
 property of the state, together with the expenditures 
 for all purposes since his last report. 
 
 —95—
 
 9^ STATE DEPARTMENT. 
 
 On the first Monday of March and September of 
 each year, he apportions the interest on the permanent 
 school fund among the counties in proportion to the 
 number of persons of school age in each. The office 
 of the auditor is at the seat of government, and every- 
 thing that is necessary to enable him to discharge the 
 duties devolving upon him is furnished at the expense 
 of the state. His bond is fixed at not less than ten 
 thousand dollars. His salary is twenty-two hundred 
 dollars per year, and that of his deputy, fifteen hundred. 
 
 SECRETARY. 
 
 This officer has charge of all the records of the 
 territorial government of Iowa, the enrolled copies of 
 the constitutions, old and new, and all records not 
 kept by the other executive officers. All commissions 
 issued by the governor are countersigned by him, and 
 a record of them is kept in a register provided for that 
 purpose. He is also required to make a biennial report 
 to the governor of the condition of the criminal affairs 
 as reported to him by the clerks of the district courts. 
 Prior to the first Monday in January, 1883, a register 
 of the land office had charge of certain matters per- 
 taining to titles of land, but at that date, the office of 
 register was discontinued and the duties of that officer 
 have been performed by the secretary of state since 
 that time. His bond is fixed at not less than $5,000. 
 Salary, twenty-two hundred dollars per year, — deputy, 
 twelve hundred. 
 
 STATE TREASURER. 
 
 The treasurer receives all moneys belonging to the 
 state and pays all warrants drawn upon the treasury by 
 the auditor. He keeps a record of all warrants paid
 
 STATE DEPARTMENT. 97 
 
 by him, and reports to the auditor once a week the 
 number and amount of all warrants paid since his last 
 report, and also the name of the payee in each case. 
 A report of the affairs of his office must be made to 
 the governor as soon as practicable after the first Mon- 
 day of November in each odd-numbered year. His 
 bond is fixed at not less than three hundred thousand 
 dollars. His salary is twenty-two hundred, and that 
 of his deputy, fifteen hundred dollars per year. 
 
 EXECUTIVE COUNCIL. 
 
 The governor, auditor, secretary and treasurer of 
 state, compose the executive council. Any three of 
 these officers constitute a quorum for the transaction 
 of business. The duties of this body are numerous 
 and important, for to it is given the general manage- 
 ment of the property of the state. The executive 
 council acts as a board to audit accounts of supplies 
 furnished the different state officers, and provides 
 paper for the public printing as well as stationery for 
 the general assembly, the public offices, and the 
 supreme court. All warrants drawn by this board are 
 paid out of the public treasury, but all moneys so 
 drawn must be reported to the next general assembly. 
 The officers that compose this council receive five hun- 
 dred dollars each for their services in addition to their 
 salaries. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 To this officer is entrusted the general supervision 
 of all the county superintendents and all the common 
 schools of the state. He meets the county superin- 
 tendents in convention for the purpose of giving expla- 
 nation and instruction that will lead to uniformity in
 
 98 STATE DEPARTMENT. 
 
 the school work of the different counties. He renders 
 a written opinion to any school officer asking it, con- 
 cerning any portion of the school law, and also decides 
 all appeals from the decisions of county superintend- 
 ents. At the end of every fourth year, he may have 
 a sufficient number of the school laws and decisions 
 printed to supply each district in the state with at least 
 one copy, bound in cloth. 
 
 His report to the general assembly at each regular 
 session embraces the number of teachers, schools, and 
 school-houses, the condition of the public schools, and 
 such other information as has been reported to him by 
 the county superintendents. One thousand copies of 
 this report are printed and presented to the general 
 assembly on the second day of its session. It is also 
 his duty to appoint a normal institute in each county, 
 annually, upon the assurance of the county superin- 
 tendent that at least twenty teachers desire to attend 
 such a meeting. 
 
 He is provided with an office at the seat of gov- 
 ernment, in which he keeps all the records, reports, 
 and other public documents belonging to his office. 
 His bond is not less than two thousand dollars. His 
 compensation is twenty-two hundred per annum, and 
 that of his deputy, fifteen hundred. 
 
 ATTORNEY GENERAL. 
 
 The attorney general is a lawyer who acts as coun- 
 sel for the general assembly and state officers, and 
 appears for the state in all cases, civil or criminal, in 
 which the state is a party, when requested to do so by 
 the governor, executive council, or general assembly. 
 He appears as prosecuting attorney for the state in all
 
 STATE DEPARTMENT. 99 
 
 criminal cases tried by the supreme court upon appeal 
 from the county court. At the request of any state 
 officer or district attorney, it is his duty to give his opin- 
 ion in writing upon any question of law that may be 
 submitted to him. 
 
 He reports to the general assembly such informa- 
 tion concerning the business of his office as may be 
 required by that body. His salary is fixed at fifteen 
 hundred dollars per year, and, in addition to this, he 
 receives five dollars per day for attending all sessions 
 of the supreme court. He is also entitled to certain fees 
 for services rendered in accordance with the provisions of 
 chapters on insurance in the Code of Iowa. 
 
 ADJUTANT GENERAL. 
 
 The adjutant-general is an officer appointed by 
 the governor to act as inspector and paymaster-general 
 of the militia. His rank is major-general. On or 
 before the first Monday in January of the year follow- 
 ing the one in which the census of the state is taken, 
 he reports to the adjutant-general of the United 
 States, the whole number of persons in the state sub- 
 ject to military duty. He issues all orders of the gov- 
 ernor relating to military law, and causes them to be 
 published from time to time as it becomes necessary. 
 He keeps a roll of all commissioned officers of the 
 militia, with their residence, and rank, and such other 
 information as may be necessary concerning them. 
 His salary is fifteen hundred dollars per annum. 
 
 STATE PRINTER. 
 
 The state printer is elected by joint ballot of the 
 general assembly, and holds his office for two years
 
 lOO STATE DEPARTMENT. 
 
 from the first day of May in the year following his 
 election. His office is at the seat of government, and 
 it is his duty to print the journals of both houses of 
 the general assembly, and the laws enacted by that 
 body, as well as all forms, blanks, and other incidental 
 matter required by the different state officers. His 
 work must be promptly done in a workmanlike manner, 
 and for it he receives compensation fixed by law, the 
 amount of which depends upon the work done. His 
 bond is not less than five thousand dollars, and must 
 be signed by at least three sureties. 
 
 STATE BINDER. 
 This officer is elected in the same manner as the 
 state printer, and enters upon the discharge of his 
 duties at the same time. His duty is to bind the laws, 
 journals, and such incidental printed matter as may be 
 required for the use of the state. The work must be 
 done in a neat and workmanlike manner, and to secure 
 this, he is required to furnish a bond of not less than 
 two thousand dollars. His salary depends upon the 
 amount of work done, the prices of the different kinds 
 of work being fixed by law. 
 
 RAILROAD COMMISSIONERS. 
 In 1878, an act was passed by the general assem- 
 bly, authorizing the governor to appoint three railroad 
 commissioners, to serve for the term of one, two, and 
 three years respectively, from the first day of April in 
 that year. The governor appoints one commissioner 
 annually, whose term of office commences April i, of 
 the year in which he is appointed, and continues three 
 years. All appointments of this kind, however, must 
 be sanctioned by the executive council. At least one
 
 STATE DEPARTMENT. lOI 
 
 of the members of this board must be a civil engineer, 
 and no person having a pecuniary interest in any rail- 
 road is eligible to the office of railroad commissioner. 
 
 These commissioners have the general supervision 
 of all railroads operated by steam in the state, and it 
 is their duty to see that the laws governing railroad 
 companies and employes are strictly complied with. 
 The books of any railroad company, at any station or 
 office, are open to inspection by this board, and any 
 officer or agent may be examined under oath. 
 
 On or before the first day of December of each 
 year they report to the governor the work done by 
 them during the past year, and make such recommen- 
 dations in relation to their duties as they may think 
 necessary. 
 
 Each commissioner receives an annual salary of 
 three thousand dollars, and the clerk, fifteen hundred. 
 To secure the faithful performance of his duties, each 
 commissioner is obliged to give bonds to the amount 
 of ten thousand dollars. Members of the board and 
 the clerk are sworn to perform the duties devolving 
 upon them to the best of their ability. 
 
 STATE LIBRARIAN. 
 
 This officer, appointed by the governor, has charge 
 of the state library, and is required to give personal 
 attention to the duties of his office during the time 
 the library is kept open. Certain other duties are 
 assigned him by law, among which is that of preparing 
 a complete alphabetical catalogue of all books belong- 
 ing to the library. He reports to the governor at
 
 I02 STATE DEPARTMENT. 
 
 stated times, the number and title of all books in th. 
 library, the amount of all fines and forfeitures received, 
 and such other information as may be required. 
 
 His bond is fixed at five thousand dollars, and his 
 salary at twelve hundred dollars a yea.T. He may ap- 
 poiut a first assistant at a salary of six hundred dollars. 
 a second assistant at five hundred dollars and a messen- 
 ger at three hundred dollars a year. 
 
 OTHER OFFICERS. 
 
 For information concerning other state ofiicers and 
 several important societies authorized by law, see appen- 
 dix, pages 1 5 1- 156. 
 
 QUALIFICATION. 
 
 No civil officer can enter upon the discharge of 
 his duties until he has qualified according to law. The 
 governor and lieutenant-governor are required to take 
 the official oath in the presence of the general assem- 
 bly in joint convention. The oath is administered to 
 them by a judge of the supreme court. Members of 
 the general assembly qualify by taking the oath pre- 
 scribed for them in the third article of the constitu- 
 tion. 
 
 In addition to the obligation to support the con- 
 stitution of the United States and that of the state of 
 Iowa, judges of the supreme and district courts 
 must subscribe to an oath in writing, that they will 
 administer justice to rich and poor alike, without fear,
 
 STATE DEPARTMENT. IO3 
 
 favor, affection, or hope of reward. The officers above 
 mentioned, together with county supervisors and town- 
 ship trustees, are not required to give bonds. 
 
 All other civil officers are required to give sureties 
 in double the amount to be secured. For example, if 
 the bond is fixed at one thousand dollars, the signers 
 must have property valued at two thousand dollars 
 above all indebtedness. The amount of the bond 
 required differs according to the responsibility of the 
 office and the amount of money to be handled. The 
 bond of the state treasurer cannot be less than three 
 hundred thousand dollars, and is the heaviest one 
 required. Bonds of state officers are fixed by law and 
 approved by the governor, those of the county officers 
 by the county supervisors. 
 
 The township clerk approves the bonds of all 
 township officers except his own and those of justices 
 of the peace and constables. All officers are required 
 to qualify before a stated time, usually the first Monday 
 of January following their election, and a refusal to 
 qualify within the time prescribed is considered a refusal 
 to serve. 
 
 Chapter 175, Laws of the Nineteenth General 
 Assembly, requires a number of the state officers and 
 trustees of the various state institutions, except the 
 Agricultural College, to report to the governor, on or 
 before the fifteenth day of August, in each odd-num- 
 bered year, the condition of their respective offices 
 and of the institutions under their control.
 
 COURTS. 
 
 The constitution provides for the establishment of 
 the supreme and district courts, and such others as 
 may be authorized by law. The principal courts besides 
 those already mentioned, are the police and justice 
 courts, the circuit court having been abolished by 
 statutory enactment. 
 
 SUPREME COURT. 
 
 The meetings of the supreme court are all held at 
 the seat of government. There are four terms held 
 each year, the first commencing on the first Tuesday 
 of March, the second on the first Tuesday of June, 
 the third on the first Tuesday of October, and the 
 fourth on the first Tuesday of December. Two terms 
 a year were held formerly, at Davenport, Dubuque, 
 and Council Bluffs, as well as at Des Moines. 
 
 DISTRICT COURT. 
 
 The district court now has general original juris- 
 diction in all cases, or suits at law, both civil and 
 criminal, except where exclusive or concurrent juris- 
 diction is, or may be, given to some other court 
 authorized by the constitution and laws of the state. 
 Prior to January 1st, 1887, the circuit court had con- 
 current jurisdiction with the district court in all civil 
 actions and special proceedings, and exclusive jurisdic- 
 tion in the probate of wills, and the appointment of 
 executors, administrators, guardians, and trustees, to 
 settle the estates of persons deceased. The district 
 
 court had original jurisdiction in criminal matters, and 
 
 — 104 —
 
 COURTS OK IOWA. IO5 
 
 served as a court of appeal in criminal proceedings 
 from justice and police courts. At the last session of 
 the legislature, the circuit court was abolished, and the 
 business formerly transacted by it will hereafter be 
 done by the judges and clerks of the district court. 
 
 In addition to the regulur judicial business, the 
 district court has the general supervision of all inferior 
 courts and officers, for the protection and correction of 
 abuses in case no other remedy is provided by law. 
 It also has exclusive jurisdiction over all indictments 
 presented by the grand jury. 
 
 An indictment is a written accusation presented 
 to the court in which the grand jury is impaneled, 
 charging the person named therein with the violation 
 of the criminal law, or with the commission of some 
 act which is punishable on indictment. Such an accu- 
 sation can be made only upon the sworn statement of 
 witnesses examined by the grand jury, or by evidence 
 furnished by certain legal documents as provided by law. 
 
 All qualified electors of the state, of good moral 
 character, sound judgment, and in full possession of 
 the senses of hearing and seeing, are competent jurors 
 in their respective counties. There are certain excep- 
 tions, however. All persons holding office under the 
 laws of the United States, or of this state, all practic- 
 ing attorneys, physicians, and clergymen, all practicing 
 professors or teachers in any institution of learning, 
 and all persons disabled by bodily infirmity, or over 
 sixty-five years of age, are exempt from liability to 
 act as jurors. Any person summoned to act as a juror 
 may be excused from serving for good cause shown. 
 
 At the last session of the legislature is was enact- 
 ed, that after January ist, 1887, the grand jury shall 
 consist of five persons in counties having a population
 
 I06 COURTS OF IOWA. 
 
 of sixteen thousand, or less, and of seven persons, in 
 all other counties. It further provided, that, when the 
 grand jury consists of five persons, eight shall be 
 chosen, and when composed of seven members, twelve 
 shall be chosen. No person shall serve as grand juror 
 for two consecutive years. 
 
 In counties having a population of fifteen thou- 
 sand, or les% the number of petit jurors is fifteen, 
 unless the judge otherwise directs. In counties having 
 a greater population, the number of petit jurors is 
 twenty-four. A trial jury consists of twelve members.^ 
 
 The manner of selecting grand and petit jurors is 
 substantially the same. A list of the names of sev- 
 enty-five persons is made in each county, each year, 
 and is called the grand jury list. The petit jury list 
 comprises one hundred and fifty names, and, in coun- 
 ties having more than twenty thousand inhabitants, 
 two hundred and fifty names. The manner of prepar- 
 ing the lists is given below: 
 
 On or before the first Monday in September of each 
 year, the county auditor apportions the number of 
 grand and petit jurors, to be selected from each voting 
 precinct, in proportion to the number of votes cast at 
 the last general election. A statement of this appor- 
 tionment is given to the sheriff of the county, and he 
 causes a written notice to be delivered to one of the 
 judges of election in each voting precinct, on ©r before 
 the day of election. The judges of election then make 
 a list of names of the number required, and forward it 
 to the county auditor, with the returns of the election. 
 Grand jurors serve for one year, and petit jurors during 
 one term of court in each year, usually. 
 
 At least twenty days prior to the first day of any 
 term of court at which a jury is to be selected, the
 
 COURTS OF IOWA. IO7 
 
 auditor writes, upon separate ballots, the names on the 
 lists of all those who have not served as jurors during 
 that year. The clerk of the court and the sheriff then 
 place these ballots in a box and mix them thoroughly. 
 The clerk then draws from the box the requisite num- 
 ber of ballots, and, within three days thereafter, issues 
 an order to the sheriff commanding him. to summon 
 the persons chosen, to serve as jurors at the next term 
 of court. 
 
 This order must be obeyed by the sheriff imme- 
 diately, and his returns made before the day for the 
 appearance of the jurors. At the close of each term 
 of court, the clerk issues a certificate to each juror, 
 showing the amount to which he is entitled for his 
 services, and the auditor, upon the receipt of this cer- 
 tificate, is authorized to issue a warrant upon the 
 county treasurer, without waiting for the board of 
 supervisors to audit the claim.
 
 JUDICIAL DISTRICTS. 
 
 For judicial purposes, the state is divided into 
 eighteen districts, as follows: 
 
 First district. — The counties of Lee and Des 
 Moines. 
 
 Second district. — The counties of Lucas, Monroe, 
 Wapello, Jefferson, Henry, Davis, Van Buren and 
 Appanoose. 
 
 Third district. — The counties of Wayne, Decatur, 
 Clarke, Union, Ringgold, Taylor and Adams. 
 
 Fourth district. — The counties of Cherokee, 
 O'Brien, Osceola, Lyon, Sioux, Plymouth, Woodbury, 
 Harrison and Monona. 
 
 Fifth district. — The counties of Dallas, Guthrie, 
 Adair, Madison, Warren and Marion. 
 
 Sixth district. — The counties of Jasper, Powe- 
 shiek, Mahaska, Keokuk, Louisa and Washington. 
 
 Seventh district. — The counties of Muscatine, 
 Scott, Clinton and Jackson. 
 
 Eighth district — The counties of Johnson and Iowa. 
 
 Ninth district. — The county of Polk. 
 
 Tejith district. — The counties of Dubuque, Dela- 
 ware, Buchanan, Black Hawk and Grundy. 
 
 Eleventh district. — The counties of Marshall, 
 Story, Boone, Webster, Hamilton, Hardin, Franklin 
 and Wright,
 
 JUDICIAL DISTRICTS IO9 
 
 Tzvelfth district. — The counties of Bremer, But- 
 ler, Floyd, Mitchell, Worth, Cerro Gordo, Hancock 
 and Winnebago. 
 
 Thirteenth district. — The counties of Clayton, 
 Allamakee, Fayette, Winneshiek, Howard and Chick- 
 asaw. 
 
 Fourteenth district. — The counties of Buena Vis- 
 ta, Clay, Palo Alto, Kossuth, Emmet, Dickinson, 
 Humboldt and Pocahontas. 
 
 FifteentJi distrct. — The counties of Pottawattamie, 
 Cass, Shelby, Audubon, Montgomery, Mills, Page 
 and Fremont. 
 
 Sixteenth district — The counties of Ida, Sac, 
 Calhoun, Crawford, Carroll and Green. 
 
 Seventeenth district, — The counties of Tama and 
 Benton. 
 
 Eighteenth distriet. — The counties of Linn, Jones 
 and Cedar.
 
 no COURTS OF IOWA. 
 
 JUDGES OF DISTRICT COURTS. 
 
 All of the judges of the district court, except two, 
 were elected in November, 1886, and began the dis- 
 charge of their duties January ist, 1887. The except- 
 ion were the district judges in the old twelfth and 
 thirteenth districts, who were elected in 1884 for four 
 years, and they are allowed to serve during the term 
 for which they were chosen. The term of office of 
 district judges is four years, and their salary twenty- 
 five hundred dollars per year. 
 
 COUNTY ATTORNEY. 
 
 By an amendment to the constitution, adopted at 
 the general election in 1884, the office of district 
 attorney was abolished, and that of county attorney 
 provided for. The county attorney acts as the legal 
 adviser of the officers of the county in which he is 
 chosen, and it is also his duty to appear for the state 
 in the prosecution of criminals, and to represent the 
 county in the supreme court when the county is a party 
 to any suit in that court. 
 
 The bond required of this officer, to be filed with 
 the county auditor, is not less than five thousand 
 dollars. The salary, which is fixed by the board of 
 supervisors, ranges from three hundred to fifteen hund- 
 red dollars, according to the population of the county. 
 Fees and mileage are also provided for, in certain cases. 
 The term of office is two years, commencing on the 
 first Monday in January of each odd-numbered year. 
 
 The testimony given by witnesses in district courts 
 is usually recorded by short-hand reporters, who are 
 allowed compensasion not to exceed six dollars per
 
 COURTS or IOWA. Ill 
 
 day for every day actually spent in attendance upon 
 court. They are also allowed six cents for every one 
 hundred words used in making transcripts of the testi- 
 mony taken in court. 
 
 The compensation of judges and county attorneys 
 cannot be ijicreased during the time for which they were 
 elected. Jurors are allowed two dollars per day for 
 each day's service in attending the sessions of the 
 district court, and ten cents for each mile traveled 
 in going from their homes to the place of trial.
 
 CONGRESSIOI^AL DISTRICTS. 
 
 It has been found necessary to district the 5tate 
 for other than judicial purposes. By the provisions of 
 the constitution of the United States, senators in con- 
 gress are chosen by the legislatures of the different 
 states, from the states at large. Each state, no matter 
 what its population may be, can have only two sena- 
 tors. Representatives in congress are apportioned 
 among the several states according to the population 
 The ratio of apportionment now is, one rep- 
 resentative for every one hundred fifty-four thousand, 
 three hundred twenty-five inhabitants or fraction there- 
 of more more than one-half. According to this basis, 
 Iowa now has eleven representatives in congress, and 
 the state is divided into eleven congressional districts. 
 
 First district. — The counties of Washington, Lou- 
 isa, Jefferson, Henry, Des Moines, Lee and Van Buren. 
 
 Second district. — The counties of Muscatine, Scott, 
 Clinton, Jackson, Johnson and Iowa. 
 
 Third district. — The counties of Dubuque, Dela- 
 ware, Buchanan, Black Hawk, Bremer, Butler, Frank- 
 lin, Hardin and Wright. 
 
 Fourth district. — The counties of Clayton, Alla- 
 makee, Fayettee, Winneshiek, Howard, Chickasaw, 
 Mitchell, Floyd, Worth and Cerro Gordo. 
 
 Fifth district. — The counties of Jones, Linn, 
 Benton, Tama, Marshall, Grundy and Cedar. 
 
 -112-
 
 CONGRESSIONAL DISTRICTS. II3 
 
 Sixth district. — The counties of Davis, Wapello, 
 Keokuk, Mahaska, Poweshiek, Monroe and Jasper. 
 
 Seventh district. — The counties of Story, Dallas, 
 Polk, Madison, Warren and Marion. 
 
 Eighth district. — The counties of Adams, Union, 
 Clarke, Lucas, Appanoose, Wayne, Decatur, Ringgold, 
 Taylor, Page and Fremont. 
 
 Ninth district. — The counties of Harrison, Shelby, 
 Audubon, Guthrie, Pottawattamie, Cass, Adair, Mills 
 and Montgomery. 
 
 Tenth district. — The counties of Crawford, Carroll, 
 Greene, Boone, Calhoun, Webster, Hamilton, Poca- 
 hontas, Humboldt, Palo Alto, Kassuth, Hancock, 
 Emmet and Winnebago. 
 
 Elevefith district. — The counties of Lyon, Osceola; 
 Dickinson, Sioux, O'Brien, Clay, Plymouth, Cherokee, 
 Buena Vista, Woodbury, Ida, Sac and Monona. 
 
 Representatives to congress are chosen at the 
 general election in each even-numbered year, and hold 
 their oflBce for two years from the 4th of March 
 following. 
 
 8
 
 SENATORIAL DISTRICTS. 
 
 The state is divided into fifty senatorial districts, 
 and each district is entitled to one senator. The ratio 
 of apportionment is one senator for every forty-six 
 thousand inhabitants, or fractional part of that num- 
 ber more than one-half. At the time the division was 
 made, no district contained forty-six thousand inhabi- 
 tants, the largest district being Dubuque county with 
 a population of forty-two thousand nine hundred and 
 ninety-seven. These are the districts as established 
 by the Twenty-first General Asssembly. 
 
 Lee county constitutes the first district, Jefferson 
 and Van Buren counties constitute the second, Appa- 
 noose and Davis counties the third, Wayne and Lucas 
 the fourth, Ringgold, Decatur and Union the fifth, 
 Taylor and Adams the sixth. Page and Fremont the 
 seventh, Mills and Montgomery the eighth, Des Moines 
 the ninth, Henry and Washington the tenth, Warren 
 and Clarke the eleventh, Poweshiek and Keokuk the 
 twelfth, Wapello the thirteenth, Mahaska the fourteenth, 
 Marion and Monroe the fifteenth, Madison and Adair 
 the sixteenth, Audubon, Dallas and Guthrie the seven- 
 teenth, Cass and Shelby the eighteenth, Pottawattamie 
 the nineteenth, Muscatine and Louisa the twentieth, 
 Scott the twenty-first, Clinton the twenty-second, 
 Jackson the twenty- third, Jones and Cedar the twenty- 
 
 — 114—
 
 SENATORIAL DISTRICTS. II5 
 
 fourth, and Johnson and Iowa counties constitute the 
 twenty-fiifth district. 
 
 Linn county constitutes the twenty-sixth district, 
 Webster and Calhoun the twenty-seventh, Marshall the 
 twenty-eighth, Jasper the twenty-ninth, Polk the 
 thirtieth, Story and Boone the thirty-first, Woodbury 
 the thirty-second, Buchanan and Delaware the thirty- 
 third, Harrison, Monona and Crawford the thirty- 
 fourth, Dubuque the thirty-fifth, Clayton the thirty- 
 sixth, Wright, Hamilton and Hardin the thirty-seventh. 
 Black Hawk and Grundy the thirty-eighth, Butler and 
 Bremer the thirty-ninth, Allamakee and Fayette the 
 fortieth, Mitchell, Worth and Winnebago the forty-first, 
 Winneshiek and Howard the forty-second, Cerro Gordo, 
 Franklin and Hancock the forty-third, Floyd and 
 Chickasaw the forty-fourth, Tama and Benton the 
 forty-fifth, Ida, Cherokee and Plymouth the forty-sixth, 
 Kossuth, Emmet, Dickinson, Clay and Palo Alto the 
 forty-seventh, Carroll, Sac and Greene the forty-eighth, 
 O'Brien, Osceola, Lyon and Sioux the forty-ninth, and 
 Buena Vista, Pocahontas and Humboldt counties the 
 fiftieth district.
 
 REPRESENTATIVE DISTRICTS. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 That one representative from every eighteen thous- 
 and five hundred inhabitants is hereby constituted the 
 ratio of apportionment and that each representative dis- 
 trict shall be as hereinafter described. 
 
 Lee county shall be the first district; Van Buren 
 county shall be the second district; Davis county, the 
 third district; Appanoose county, the fourth; Wayne 
 county, the fifth; Decatur county, the sixth; Ringgold 
 county, the seventh; Taylor county, the eighth; Page 
 county, the ninth; Fremont county, the tenth; Mills 
 county, the eleventh; Montgomery county, the twelfth; 
 Adams county, the thirteenth; Union county, the four- 
 teenth; Clarke county, the fifteenth; lyucas county, the 
 sixteenth; Monroe county, the seventeenth; Wapello 
 county, the eighteenth; Jefferson county, the nineteenth; 
 Henry county, the twentieth; Des Moines county, the 
 twenty-first; Louisa county, the twenty-second; Wash- 
 ington county, the twentj^-third; Keokuk county, the 
 twenty-fourth; Mahaska county, the twenty-fifth; Marion 
 county, the twenty-sixth; Warren county, the twenty- 
 seventh; Madison county,- the 28th; Adair county, the 
 twenty-ninth; Cass county, the thirtieth; Pottawattamie 
 county, the thirty-first; Harrison county, the thirty- 
 second; Shelby county, the thirty-third; Audubon 
 county, the 34th: Guthrie county, the thirty-fifth; Dal- 
 las county, the thirty-sixth; Polk county, the thirty- 
 seventh; Jasper county, the thirty-eighth; Poweshiek 
 county, the 39th; Iowa county, the fortieth; Johnson 
 county, the forty-first; Muscatine county, the forty-
 
 REPRESENTATIVE DISTRICTS. II7 
 
 second; Scott county, the forty-third; Cedar county, the 
 forty-fourth; Clinton county, the forty-fifth; Jackson 
 county, the forty-sixth; Jones county, the forty-seventh: 
 I,inn county, the forty-eighth: Benton county, the forty- 
 ninth; Tama county, the fiftieth; Marshall county, the 
 fifty-first; Story county, the fifty-second; Boone county, 
 the fifty-third; Greene county, the fifty-fourth; Carroll 
 county, the fifty-fifth; Crawford county, the fifty-sixth; 
 Monona county, and Ida county, the fifty-seventh; 
 Woodbury county, the fifty eighth; Cherokee county, 
 the fifty-ninth; Sac county, the sixtieth; Calhoun county, 
 the sixty-first; Webster county , the sixty-second; Hamil- 
 ton county, the sixty-third. Hardin county, the sixty- 
 fourth; Grundy county, the sixty-fifth; Black Hawk 
 county shall be the sixty-sixth district: Buchanan county, 
 the sixty-seventh; Delaware county, the 68th; Dubuque 
 county, the sixty-ninth; Clayton county, the seventieth; 
 Fayette county, the seventy-first; Bremer county, the 
 seventy-second; Butler county, the seventy-third; Frank- 
 lin county, the 74th; Wright county, the 75th: Hum- 
 boldt county, and Pocahontas county, 76th, Buena Vista 
 county, the seventy-seventh; Plymouth county, the 
 seventy-eighth; Sioux county, the seventy-ninth; Lyon 
 county and O'Brien county, the eightieth; Osceola county 
 and Clay county, the eighty-first; Dickinson county and 
 Emmet county and Palo Alto county, the eighty-second, 
 Kossuth county and Hancock county, the 83rd; Cerro 
 Gordo county, the 84th; Floyd county, the eighty-fifth; 
 Chickasaw county, the eighty-sixth; Allamakee county, 
 the eighty-seventh; Winneshiek county, the 88th; 
 Howard county shall be the 89th; Mitchell county, the 
 ninetieth; and Worth county and Winnebago county 
 shall be the ninety-first district. 
 
 Nine of the counties, Clinton, DesMoines, Dubuqu , 
 lyinn, lyce. Polk, Pottawattamie, Scott and Woodbury — 
 have each a population greater than one and one-half 
 times the ratio of representation, and are each entitled to 
 two representatives.
 
 COUNTIES. 
 
 A table of the counties of Iowa will be found as 
 an appendix to this work. In most cases, the bounda- 
 ries of the counties conform to the range and township 
 lines which were established by the government survey. 
 The counties along the eastern and western boundaries 
 of the state, owing to the irregular course of the rivers, 
 vary from the prevailing rectangular form. In each 
 county, the people have selected a place, usually near 
 the center of the county, at which to transact busi- 
 ness of a public character. The offices of the county 
 are usually kept at this place in rooms in the court- 
 house, a building fitted up for this purpose. 
 
 OFFICERS. 
 
 The officers are, the board of supervisors, one audi- 
 tor, one clerk of the district court, one sheriff, one treas- 
 urer, one recorder, one superintendent of schools, one 
 coroner, and one surveyor. The auditor, treasurer, clerk 
 and sheriff are each allowed a deputy in most counties. 
 
 These officers are chosen by the people at the gen- 
 eral election, and all except the supervisors hold for 
 two years only, unless re-elected. The clerk of the 
 courts and recorder are elected in the even-numbered 
 years, and all the others in the odd-numbered years. 
 
 —1 18—
 
 COUNTY OFFICERS. 1^9 
 
 After 1892, the county auditor will be elected in the even 
 
 numbered years. At least one supervisor is chosen every 
 
 year. The principal duties of each officer w^ill now be 
 
 discussed. For the special powers of each reference 
 
 should be made to the Code of Iowa and the Session 
 
 L,aws, or Acts of the General Assembly. 
 BOARD OF SUPERVISORS. 
 
 The board of supervisors consists of not less than 
 three, nor more than seven, members. Their term of 
 office is three years. The only qualification required 
 of members of this board is, that they be legal voters 
 in the county in which they are chosen, but no two 
 members can be elected from the same township. 
 Regular meetings of the board are held on the first 
 Mondays of January, April, June and September, and 
 the first Monday after each general election. At the 
 first meeting in each year, a chairman is elected from 
 among the members, whose duty it is to preside at all 
 meetings of the board during that year. 
 
 If any supervisor neglects or refuses to perform 
 any of the duties devolving upon him as a member of 
 the board, without just cause, he is liable to a fine of 
 one hundred dollars for each offense. This board has 
 control of the property of the county, the court-house 
 and other public buildings, and the care of the poor. 
 In many of the counties, a poor house and farm are 
 supported at public expense. It is the duty of this 
 board to examine, settle, and allow all just claims 
 against the county unless some other means are pro- 
 vided by law. 
 
 The supervisors manage and control the school- 
 fund, change the boundary line of townships when nec- 
 essary, and act as commissioners of highways. They 
 provide for the building of all bridges which cannot be
 
 I20 COUNTY OFFICERS. 
 
 constructed by the different road districts for lack of 
 funds. 
 
 The supervisors, at their September session, levy 
 the following taxes upon the assessed value of the taxa- 
 ble property in the county. For state purposes, not to 
 exceed two mills on the dollar. For ordinary county 
 revenue, not more than six mills and a poll-tax of fifty 
 cents. 
 
 The support of schools, not less than one, nor 
 more than three mills. 
 
 For making and repairing bridges, not more than 
 three mills on a dollar. 
 
 Certain classes of property are exempt from taxa- 
 tion, and are not assessed. The property of the United 
 States and of the state of Iowa, including school lands 
 and all property leased to the state ; the property of 
 counties, townships, cities, incorporated towns and 
 school districts when used exclusively for the use of 
 the public and not held for pecuniary profit ; the prop- 
 erty of literary, scientific, benevolent, agricultural, and 
 religious institutions which is devoted to the appro- 
 priate uses of these institutions ; the estates of persons 
 who by reason of age or infirmity are unable to con- 
 tribute to the public revenue ; farming utensils and the 
 tools of any mechanic, not to exceed three hundred 
 dollars in either case, and government or state lands 
 for the year in which they were entered, cannot be 
 taxed. 
 
 Each member of the board of supervisors receives 
 four dollars for each day actually in session, and two 
 dollars and fifty cents when not in session but employed 
 on committee service. Mileage is allowed for going to 
 and returning from each session of the board and for
 
 COUNTY OFFICERS. 131 
 
 attendance on committee work. The rate is six cents 
 for each mile traveled. 
 
 COUNTY AUDITOR. 
 The county auditor is clerk of the board of super- 
 visors, and it his duty to record the proceedings of 
 that body in books provided for that purpose. He 
 signs all orders issued by the board for the payment of 
 money, and acts as general accountant for the county. 
 He reports to the secretary of state the name, office, 
 and term of oflfice of each county ofificer, within ten 
 days after his election and qualification. 
 
 The auditor prepares and furnishes two poll-books 
 for each voting precinct in the county, and forwards 
 an abstract of the votes cast at each election to the 
 secretary of state. The bond of this ofificer is fixed 
 • by the board of supervisors, and cannot be less than 
 five thousand dollars. The bonds of the county and 
 township officers are recorded in the auditor's office, 
 his own excepted, which is filed with the county treas- 
 urer, and those of justices of the peace, which are filed 
 by the auditor in the office of the clerk of the court. 
 The loaning and general management of the perma- 
 nent school fund as well as the apportioning of the 
 county school fund and interest on the permanent fund, 
 is left with the county auditor. His salary is fixed by 
 law, and, in counties having less than twenty-five thou- 
 sand inhabitants, it is twelve hundred dollars per annum. 
 In counties having a greater population, the board of 
 supervisors may allow such additional compensation as 
 they deem just and proper. 
 
 COUNTY TREASURER. 
 The treasurer receives all money belonging to the 
 county and pays it out only upon warrants drawn and
 
 122 COUNTY OFFICERS. 
 
 Signed by the county auditor, and sealed with the 
 county seal. He keeps a record of all moneys received 
 and warrants paid, and holds the same, at all times, 
 ready for the inspection of the board of supervisors. 
 He keeps a separate account of the several taxes for 
 state, county, school, and highway purposes, charging 
 himself with the amount of the tax, and crediting him- 
 self with the amounts paid out and also with the 
 amount of delinquent taxes when legally authorized to 
 do so. The Twentieth General Assembly enacted a 
 new tax law, by the provision of which taxes become 
 due on the first Monday in January following the time 
 at which the levy was made, and delinquent on the 
 first day of March following; but no interest can be 
 charged on any person's tax before the first day of 
 October, provided one-half of such tax was paid prior 
 to the first day of April. The penalty for the non- 
 payment is interest at the rate of one per cent, a 
 month if not paid within a month from the time they 
 become delinquent. 
 
 The treasurer makes out and delivers to each 
 tax-payer a receipt, stating the time of payment, the 
 description and assessed value of each parcel of land, 
 the assesbcd value of all property belonging to him, 
 the amount of each kind of tax, the interest on each, 
 and the cost, if any, giving a separate receipt for each 
 year. 
 
 On the first Monday in December of each year, 
 the county treasurer is required to offer at public sale 
 at his ofifice, all lands, town lots, or other real property 
 on which taxes of any description for the preceding 
 year, or years, are due and unpaid, such sale to be
 
 COUNTY OFFICERS. 123 
 
 made for the total amount of such dehnquent unpaid 
 taxes, with interest and legal cost^ of advertisement 
 and sale. For good cause, the treasurer may adjourn 
 the sale from month to month. Provision is made by 
 law for enabling a person to redeem property sold for 
 taxes, within a specified time. 
 
 The bond of the treasurer cannt be less than five 
 thousand dollars, but usually it is much more than that 
 amount. It will be safe to say that the average amount 
 of bonds required of county treasurers throughout the 
 state is fifty thousand dollars. In counties having less 
 than ten thousand inhabitants, the compensation of 
 this officer cannot exceed thirteen hundred dollars 
 with an allowance of three hundred dollars for clerk 
 hire ; in counties having a population of more than ten 
 •and less than thirty thousand, the compensation cannot 
 exceed fifteen hundred dollars, with six hundred dol- 
 lars for clerk hire ; and in counties having a population 
 of more than thirty thousand, the supervisors may 
 allow such additional compensation as they may con- 
 sider necessary. 
 
 CLERK OF DISTRICT COURT. 
 
 It is the duty of this officer to attend all sessions 
 of the district court and keep its records, papers, and 
 seals. He keeps a book known as the record book, in 
 which are recorded the proceedings of each court; a 
 judgement docket, in which to keep an abstract of all 
 judgments, with the necessary information pertaining 
 thereto; a fee book, in which to enter in detail the 
 costs and fees in each proceeding; an incumbrance 
 book, in which the sheriff enters a statement of the 
 levy of each attachment of real estate; an appearance
 
 124 COUNTY OFFICERS. 
 
 docket, in which all suits are entered in the order in 
 which they are begun ; and a book in which to keep a 
 record of all liens filed in the district court. 
 
 On or before the first Monday of November in each 
 year, he is required to report to the secretary of state, 
 the number of convictions for crimes and misdemean- 
 ors in the district court for the preceding year. This 
 report shows the character of each offense and the sen- 
 tence of punishment, the occupation of the person con- 
 victed, whether he can read and write, his general 
 habits, and also the entire expenses of the county for 
 criminal prosecutions during the year. 
 
 It is the duty of this officer to issue marriage 
 licences when application is properly made. He keeps 
 a register which contains the names and ages of the 
 parties, the date of the marriage, and the name and 
 official standing of the party by whom it was solem- 
 nized. He also appoints executors, administrators, 
 guardians, and appraisers of the effects of persons 
 deceased, and approves the bonds which they are 
 required by law to file with him as security for the 
 faithful discharge of their duties. In fact, this officer 
 now has the settlement of all matters of probate, 
 subject to the direction and approval of the judge of 
 the district court. 
 
 The clerk may appoint a deputy to aid him in 
 transacting the business of his office, but neither o^ 
 these officers can, during the time of his official incum- 
 brance; hold the office of justice of the peace, or ac. 
 as attorney or solicitoi in any suit at law. 
 His bond cannot be less than five thousand dollars, and 
 his compensation varies according to the population 
 of the county in which he serves. In counties having
 
 COUNTY OFFICERS. 125 
 
 less than ten thousand inhabitants, the salary cannot 
 exceed eleven hundred dollars; in counties having 
 more than ten thousand but less than twenty thousand 
 inhabitants, thirteen hundred dollars ; where the popu- 
 lation is more than twenty thousand but less than 
 tliirty thousand, fifteen hundred ; and in counties 
 having more than thirty thousand inhabitants, the 
 board of supervisors may allow such compensation as 
 they deem proper, not to exceed thirty-five hundred 
 dollars. A full and complete account of all fees received 
 must be reported to the board of supervisors at each 
 regular session. The fees, in excess of the salary, 
 must be paid into the county treasury, but the board 
 of supervisors may allow an amount, not to exceed 
 three hundred dollars, as additional compensation for 
 performing the work connected with matters of probate. 
 
 SHERIFF. 
 
 The sheriff", or his deputies, executes according to 
 law, and returns all writs and other legal processes to 
 him directed. He has charge of the jail of his county, 
 and the custody of all prisoners committed to it. The 
 sheriff and his deputies are conservators of the peace, 
 and, when necessary, may call upon any person to aid 
 them in the discharge of their duties. They are for- 
 bidden to purchase, directly or indirectly, any property 
 exposed by them for sale under any process of law. 
 
 It is his duty to give at least ten days' notice of 
 each general election by a proclamation published in 
 some newspaper printed in his county, or by posting 
 notices of it in at least five public places in the county. 
 The same rule applies to all special election ordered by 
 the governor.
 
 126 COUNTY OFFICERS. 
 
 The salary of the sheriff is fixed by law at not less 
 than two hundred, nor more than four hundred dol- 
 lars, but, in addition to this, he is allowed certain fees 
 for serving executions, attachments, and other papers, 
 five cents for each mile traveled in the discharge of 
 his duties, and a percentage for collecting and paying 
 over money. His bond cannot be less than five thou- 
 sand dollars. 
 
 COUNTY RECORDER 
 
 This officer is provided with an office at the county 
 seat, and it is his duty to record at length, and as 
 speedily as possible, all deeds, mortgages, and other 
 papers delivered to him for record, in the manner pre- 
 scribed by law. He keeps separate index books for 
 deeds, and mortgages of real estates, and personal 
 property. He is required to note on each paper deliv- 
 ered to him for record, the day and hour that it was 
 received. The records of his office show the names of 
 those who received the original deeds of land from the 
 government for the county in which he serves. They 
 also show all the changes in ownership from the origi- 
 nal entry down to the present time. Usually the 
 recorder keeps a set of abstracts which show all 
 changes that have been made in the ownership of each 
 piece of real estate, and also the times at which such 
 changes were made. Sometimes, however, the abstracts 
 are kept only by persons who make the transfer of real 
 estate a specialty. 
 
 The compensation of the recorder consists of the 
 following fees : 
 
 For recording each instrument of four hundred 
 
 't> 
 
 words, fifty cents ;
 
 COUNTY OFFICERS. 1 27 
 
 For every one hundred additional words, or frac- 
 tion thereof, ten cents. 
 
 COUNTY SUPERINTENDENT. 
 
 To this officer is intrusted the oversight and gen- 
 eral management of the school affairs of the county in 
 which he is chosen. On the last Saturday of each 
 month, and at such other times as may be necessary, he 
 meets all applicants for examination as to their compe- 
 tency and ability to teach orthography, reading, writing, 
 arithmetic, geography, grammar, physiology, and his- 
 tory of the United States and didactics. If 
 the examination is satisfactory and the super- 
 intendent believes that the respective applicants 
 possess a good moral character, and the essential quali- 
 fications for governing and instructing children and 
 youth, he issues to each a certificate to that effect, for 
 a term not exceeding one year. Each applicant for a 
 certificate is required to pay a fee of one dollar, which 
 is deposited with the county treasurer and forms a part 
 of the institute fund. 
 
 He holds, annually, a normal institute for the 
 benefit of teachers and those desiring to teach, and, 
 with the consent of the superintendent of public 
 instruction, he procures such assistance as may be nec- 
 essary in conducting the work. Every person who 
 enrolls as a member of the institute is required to pay 
 a registration fee of one dollar. The examination and 
 registration fees, with fifty dollars state aid, and such 
 allowances as the board of supervisors may make, con- 
 stitute the institute fund, which is devoted exclusively 
 to paying the expenses of the institute. Appeals from 
 the decisions of school boards are heard by the super- 
 intendent, if properly made within thirty days from 
 the time the decision was rendered.
 
 128 COUNTY OFFICERS. 
 
 On the first Tuesday of October in each year, he 
 is required to make a report to the superintendent of 
 public instruction, which contains a full abstract of the 
 reports made to him by the district secretaries, and 
 such other matters as maybe required by law. At the 
 same time, he is required to file with the county audi- 
 tor a statement of the number of persons between the 
 ages of five and twenty-one years in each school dis- 
 trict in his county. He reports to the superintendents 
 of the different schools for the unfortunate, the name, 
 age, residence, and postoffice address of each person 
 of school age in his county for whom these special 
 schools were instituted. 
 
 The county superintendent receives four dollars 
 for each day necessarily engaged in the discharge of 
 his official duties, and the supervisors may allow such 
 additional compensation as they deem proper. His 
 bond is fixed by the board of supervisors, at one thou- 
 sand dollars usually. 
 
 COUNTY SURVEYOR. 
 
 Before discussing the duties of this officer, it will 
 be well to consider briefly the main features of the 
 rectangular surveys authorized by the government of 
 the United States, and applied to nearly all of the 
 central and western states. By comparing the county 
 map of Iowa with that of Tennessee, or any of the 
 eastern states, it will be seen that while the counties 
 of the former state present a regular appearance, those * 
 of the latter are quite irregular, showing an entire 
 want of system in their survey. 
 
 It is important that the rectangular system of sur- 
 veys be understood, inasmuch as all descriptions of
 
 COUNTY OFFICERS. " I29 
 
 land given In deeds, leases, tax-receipts, etc., are based 
 upon it. The first deeds to land in Iowa were given 
 in the name of the United States, and the chain of 
 title to any piece of land in the state can be traced 
 back to these deeds, and no farther. For convenience 
 of ownership and transfer, this system of surveys pro- 
 vides for the division of the land into small squares of 
 uniform size. 
 
 Before commencing the survey proper, it was nec- 
 essary to establish two main lines, one extending north 
 and south, the other, east and west. These lines were 
 simply arbitrary, and new ones were adopted from time 
 to time whenever the accuracy of the surveys required. 
 The lines extending north and south are ca.\\ed J>rmct- 
 pal meridians, those extending east and west, baselines. 
 The principal meridians are numbered westward, and 
 a separate base line is established for each. 
 
 The fifth principal meridian forms the basis of the 
 survey in Iowa. It extends due north from the mouth 
 of the Arkansas river, and crosses Missouri and the 
 eastern part of Iowa, leaving the latter state at a point 
 between Clayton and Dubuque counties. The base 
 line extends due west from the mouth of the St. 
 Francis river and crosses the meridian forty-eight 
 miles north of its starting point. By running lines six 
 miles apart parallel with the base line, and others the 
 same distance apart* parallel with the principal merid- 
 jian, the lands lying north and west of the point where 
 the main lines intersect, is divided into blocks six miles 
 square. Each one of these blocks is called a congres- 
 sional township. Congressional townships were autho- 
 
 ♦ Note. — The lines running north are not exactly parallel owing to the curva* 
 lure of the eartli's surface. See paragraph on correction line.
 
 130 . COUNTY OFFICERS. 
 
 rized by act of congress, but the name also aids in 
 distinguishing them from civil townships established 
 by the people of each county, and whose boundaries 
 may, or may not, correspond with those of congres- 
 sional townships. Civil townships are designated by 
 names given them, usually, by the early settlers, but 
 numbers are always used in referring to congressional 
 townships. 
 
 Two sets of numbers are used, one designates the 
 townships north of the base line, the other, the town- 
 ships west of the fifth principal meridian. For con- 
 venience, the tiers of townships east or west of the 
 meridian are called ranges. Land lying in the south- 
 east corner square is in township one north, range one 
 west. Every square west of the one mentioned is 
 township one north, and every square north of it is 
 range one west. The townships are numbered north- 
 ward from the base line, and the ranges eastward or 
 westward from the meridian. The civil township of 
 Wayne in the northeastern part of Mitchell County, 
 is township one hundred north, range fifteen west. 
 The pupil should become so familiar with this system 
 of surveys that he can locate, by numbers, any land in 
 the county in which he lives, at least. 
 
 Owing to the convergence of meridians in passing 
 northward, it has been found necessary to establish 
 secondary lines parallel with the base line. These are 
 called correctio7i lines, and there are four of them in 
 Iowa, the northern and southern boundaries of the ^ 
 state, and the northern boundaries of the seventy- 
 eighth and eighty-eighth tiers of townships. Each 
 congressional township is divided into thirty-six equal 
 squares called sections. Each section contains six hun-
 
 COUNTY OFFICERS. I3I 
 
 dred and forty acres, and is divided into halves, quar- 
 ters, eighths, sixteenths, and even smaller parts. 
 
 We will now proceed to consider the duties of the 
 county surveyor. He makes all surveys of land within 
 his county, which may be required of him, and his sur- 
 veys are considered to be correct. He is required to 
 establish the corners of the sections or other divisions, 
 by the aid of trees, or by fixing stones firmly in the 
 earth, or by mounds. 
 
 When requested to do so, he must furnish the 
 person for whom any survey is made, a copy of the 
 field-notes and plat of the survey. The record and 
 plat must show distinctly of what piece of land it is a 
 survey, at whose request it was made, the names of the 
 chainmen, and the date of the survey. The chainmen 
 are the persons who make the measurements by the 
 aid of the surveyor's chain. They must be disinter- 
 ested persons, approved by the surveyor, and sworn by 
 him to make just and impartial measurements to the 
 best of their ability. 
 
 The county surveyor receives the following fees : 
 
 For each day's service actually performed in trav- 
 eling to and returning from the place where any sur- 
 vey is to be made, and for making the survey and the 
 required records, four dollars; 
 
 For certified copy of the plat and field-notes, fifty 
 cents. 
 
 CORONER. 
 
 It is the duty of this officer to perform all the 
 duties of the sheriff when there is no sheriff, or when 
 that officer is an interested party to any proceedings 
 in any court of record. 
 
 He also acts as sheriff when an affidavit is filed
 
 13* COUNTY OFFICERS. 
 
 with the clerk of the court that the sheriff and his 
 deputies are absent from the county and are not 
 expected to return in time to perform the service 
 required. 
 
 It is also his duty to hold an inquest upon the 
 dead bodies of those persons who are supposed to have 
 died by unlawful means. Upon receiving notice that 
 such a body has been found in his county, he issues a 
 a warrant to any constable of the county, directing 
 him to summon immediately three electors to serve as 
 a jury in determining when, how, and by what means 
 the deceased came to his death. The coroner may 
 summon witnesses and both jurors and witnesses are 
 sworn to the faithful performance of the duties devolv- 
 ing upon them. 
 
 The testimony given at the inquest is reduced to 
 writing and signed by the witnesses. The jurors having 
 viewed the body, heard the testimony, and made all 
 needful inquiries, return to the coroner in writing the 
 result of their investigations. 
 
 If it be found at the inquest that a crime has been 
 committed on the deceased, and the evidence be suffi- 
 cient to authorize the jury in naming the guilty person, 
 the coroner proceeds to secure the arrest of the party 
 named, if possible, before the proceedings are made 
 public. The body of the deceased is delivered to his 
 friends by the coroner, but where there are no friends 
 and no property, the expenses of the inquest and burial 
 are paid out of the county treasury. 
 
 The fees of the coroner are as follows: 
 
 For holding an inquest and making the return, 
 five dollars ;
 
 COUNTY OFFICERS. I33 
 
 For viewing a body without holding an inquest 
 three dollars ; 
 
 For issuing each subpoena, warrant, or order for a 
 jury, twenty-five cents ; and 
 
 For each mile traveled in going to and returning 
 from holding an inquest, ten cents. 
 
 For acting as sheriff he receives the usual fees of 
 that officer. 
 
 He is obliged to give bonds to the amount required 
 by the board of supervisors. 
 
 NOTARIES PUBLIC. 
 
 Notaries public are not properly county officers, 
 but they are appointed by the governor to transact 
 certain kinds of business in the counties in which they 
 reside. The commissions of all of these officers expire 
 on the fourth day of July of every third year com- 
 mencing with the year 1876. Each notary has a seal, 
 upon which is engraved the words " Notorial Seal," 
 and " Iowa," with the initials of his given name and 
 his surname in full. He files a bond in the sum of five 
 hundred dollars with the clerk of the court to insure 
 the true and faithful discharge of the duties of his 
 office. There are other minor duties to be performed 
 by each applicant for a commission as notary public 
 before he receives his commission. The governor may 
 revoke the commission of any notary at any time. 
 This officer may administer oaths, take the acknowl- 
 edgments of signatures to deeds and other papers, 
 and perform certain duties relating to the custom and 
 iaw of merchants and bankers. He must stamp all
 
 1 34 
 
 COUNTY OFFICERS. 
 
 papers of which he takes acknowledgments, with his 
 official seal. His compensation consists of fees varying 
 from five cents to one dollar, according to the amount 
 and character of the work done.
 
 TOWN AND CITY GOVERNMENT. 
 
 The term town government is taken in its broadest 
 sense and is intended to include cities of all classes, as 
 well as incorporated towns. This is often called muni- 
 cipal government. Cities of the first-class contain at 
 least fifteen thousand inhabitants, those of the second 
 class from two thousand to fifteen thousand, and incor- 
 porated towns, any number less than two thousand 
 inhabitants. Each city or town contains as much ter- 
 ritory as the inhabitants think necessary, and additions 
 are frequently made to the original plats. This terri- 
 tory is separated into blocks which are divided into 
 lots for convenience of building and ownership. Cities 
 are divided into wards. 
 
 OFFICERS IN CITIES OF THE FIRST CLASS. 
 
 Each city of the first-class has one mayor, two 
 councilmen from each ward, one marshal, one treas- 
 urer, one auditor, one attorney, one civil engineer, one 
 police judge, and one commissioner of the market. 
 Each of these officers serves two years. The mayor 
 and the councilmen from all the wards> constitute the 
 city council. 
 
 THE MAYOR. 
 
 The mayor is a member of the city council, ex-officio^ 
 and the chief officer of the city. He presides at all 
 meetings of the council, holds court for the trial of 
 
 —135—
 
 136 TOWN AND CITY GOVERNMENT. 
 
 offenders against the city law, and sees that all orders 
 of the council are properly enforced. 
 
 CITY COUNCIL. 
 The council has power to enact laws for the gov- 
 ernment of the city, levy taxes, keep the streets and 
 sidewalks in proper condition, and appoint inferior 
 officers. Laws passed by the council of a city or town 
 are called ordinances. 
 
 THE MARSHAL. 
 
 The duties of the marshal correspond to those of 
 
 constable. He attends the courts of the mayor and 
 
 police judge, and is, in fact, the chief ministerial officer 
 
 of the city. 
 
 THE TREASURER. 
 
 The treasurer receives all money belonging to the 
 
 city and pays it out when ordered to do so by the 
 
 council. He gives bonds in such a sum as the council 
 
 directs. 
 
 THE AUDITOR. 
 
 The auditor has charge of the financial affairs of 
 the city and issues warrants upon the treasury when 
 ordered to do so by the city council. His duties are 
 numerous and important. 
 
 CITY SOLICITOR. 
 The city solicitor, or attorney, is a lawyer elected 
 to represent the city in any legal business. His rela- 
 tions to the officers of the city are the same as those 
 of the attorney general to officers of the state, or of 
 the county attorney to officers of the county. 
 
 CIVIL ENGINEER. 
 The civil engineer performs such duties belonging 
 to his profession as may be required by the city council.
 
 TOWN AND CITY GOVERNMENT. I37 
 
 - POLICE JUDGE. 
 
 The police judge has jurisdiction of all offenses 
 against any ordinance of the city in which he serves. 
 In criminal matters, his powers are co-ordinate with 
 those of justice of the peace, and he is entitled to the 
 same fees as that officer. He may also take acknowl- 
 edgments of signatures to deeds, mortgages, and other 
 papers. His court, which is open at all times for the 
 transaction of business, is a court of record. The clerk 
 of this court is chosen by the qualified electors of the 
 city or appointed by the police judge, as the council 
 may direct. In case of vacancy in the office of police 
 judge, the duties of that officer devolve upon the 
 mayor. For the prosecution of any person for violat- 
 ing an ordinance of the city, the police judge, or mayor, 
 is entitled to such compensation as the city council 
 may allow. 
 
 MARKET SUPERINTENDENT. 
 
 The superintendent of the market acts as overseer 
 of all places provided by the city for the sale of fresh 
 meats, vegetables, and other articles of a perishable 
 nature usually offered for sale in a public market. 
 
 To the city council belongs the power to appoint 
 members of the police force and night watch. It may 
 also provide for a fire department and make regulations 
 for governing the same. The council also acts as the 
 board of health. 
 
 The compensation of these officers is fixed by 
 ordinance of the city council, in most instances. The 
 exceptions to this have been referred to. Each mem- 
 ber of the council is prohibited, by statute, from receiv- 
 ing more than one dollar for attending each meeting of 
 the council, or more than fifty dollars in any one year.
 
 138 TOWN AND CITY GOVERNMENT. 
 
 OFFICERS IN CITIES OF THE SECOND CLASS. 
 
 In cities of the second class, there are chosen 
 biannually a mayor, a city council consisting of two 
 members from each ward, and a treasurer. A city 
 solicitor is chosen every second year for two years. 
 Marshal, night watch, and other officers are appointed 
 by the council. These officers have the same powers 
 and perform the same duties as the corresponding 
 officers in cities of the first class. 
 
 OFFICERS IN INCORPORATE TOWNS. 
 
 The corporate authority of an incorporated town 
 is vested in a mayor, a recorder, and five councilmen, 
 all of whom are chosen by the qualified electors resid- 
 ing within the limits of the corporation. These seven 
 officers constitute the town council, and any five of 
 them are a quorum for the transaction of business. 
 The council may, by ordinance, provide for the election 
 of a treasurer and such other officers as may be neces- 
 sary to administer the government. A marshal is 
 appointed by the council. The duties of these officers 
 are much the same as those of corresponding officers 
 in cities of the first and second classes. 
 
 "SPECIAL CHARTER" CITIES. 
 
 Many of the older cities of the state were organi- 
 zed before the present law for the incorporation of 
 cities and towns was enacted. The government of 
 these cities differs somewhat from those authorized by 
 the present law. They are said to be governed by 
 " special charter."
 
 TOWNSHIP GOVERNMENT. 
 
 To the people of Iowa, the civil township is a very 
 important division. It is here that government " by 
 the people " is to be found. Comparatively few state 
 and county officers are required, but there is hardly a 
 county in the state that does not have at least four 
 hundred officers whose duties are confined to the civil 
 township. The greater part of all the taxes raised 
 each year is expended in the township under the direc- 
 tion of its officers. It will be necessary to consider 
 two kinds of government in this connection, viz. : 
 school government, and township government proper. 
 
 SCHOOL GOVERNMENT. 
 
 The public schools are free to all residents of the 
 state between the ages of five and twenty-one years. 
 Each civil township constitutes a school district which 
 may be divided into such sub-districts as the board of 
 directors think necessary. At a meeting held on the 
 first Monday of March in each year, the qualified 
 electors of each sub-district elect one sub-director to 
 serve as a member of the township board of directors 
 for the ensuing year. On the second Monday of March, 
 the qualified electors of the township meet for the 
 transaction of certain kinds of business connected with 
 building and repairing school-houses and disposing of 
 school property. On the third Monday of March, the 
 
 —139—
 
 140 TOWNSHIP GOVERNMENT. 
 
 newly-elected sub-directors meet and organize by choos- 
 ing one of their number president. They then proceed 
 to the transaction of such business as may come before 
 them. They allow all just claims against the district, 
 hire teachers or delegate this power to the director in 
 each sub-district subject to approval by the board, 
 estimate the amount of money to be raised for the sup- 
 port of schools in their district, and provide for build- 
 ing and repairing school-houses. 
 
 The president presides at all meetings of the 
 board and of the district township, draws all drafts on 
 the county treasury for money belonging to his dis- 
 trict, and signs all orders on the treasury and all con- 
 tracts made by the board. At the regular meeting of 
 the board held on the third Monday of September in 
 each year, a secretary and treasurer are chosen for one 
 year. The duties of these officers are such as their 
 titles indicate. 
 
 Cities, incorporated towns, and villages having not 
 less than two hundred inhabitants, may be organized 
 as independent school districts. In districts having less 
 than five hundred inhabitants, the boards of directors 
 consist of three members, one of whom is chosen on 
 the second Monday of March in each year, for the term 
 of three years. In districts having five hundred, or 
 or more, inhabitants, there are six directors, two being 
 chosen each year. The secretary may, or may not, be 
 a member of the board, but no director of an inde- 
 pendent district can fill the office of treasurer. In 
 accordance with the provisions of a former law, inde- 
 pendent districts were formed in district townships. 
 In some instances, each sub-district becomes indepen- 
 dent, while in otliers some other mode of dividing the
 
 TOWNSHIP GOVERNMENT. I4I 
 
 township was adopted. This law was repealed by the 
 Sixteenth General Assembly, and no districts of this 
 kind have been formed since July 4, 1876. So far as 
 practicable, the law governing district townships 
 applies to independent districts. 
 
 Reference has already been made to the perma- 
 nent school fund, and the way in which the interest is 
 applied. The amount of this interest, however, is but 
 a small part of what is needed for the support of schools. 
 There are three different school funds, the teachers fund 
 for the payment of teachers, the school-house fund for 
 building and repairing school-houses and the purchase 
 of school grounds, and the contingent fund for the pur- 
 chase of fuel and the payment of other running ex- 
 penses. 
 
 The teachers' fund is derived from the semi-annual 
 apportionment which includes the interest on the per- 
 manent school fund, fines and forfeitures of various 
 kinds, and a county school tax of not less than one 
 mill nor more than three mills, which is levied by the 
 board of supervisors on the taxable property of the 
 county. In addition to this, the directors of each dis- 
 trict, before the third Monday of May in each year, 
 vote to raise a tax upon the property in their district, 
 not to exceed fifteen dollars for each person of school 
 age, except as provided for in the next paragraph. 
 
 The amount of the contingent fund is estimated 
 by the directors of each district and cannot exceed five 
 dollars per pupil, except in thinly settled townships 
 where that amount and fifteen dollars per pupil for 
 teachers' fund is not sufficient to maintain the schools 
 for the time allowed by law. Seventy-five dollars con- 
 tingent fund and two hundred and seventy dollars
 
 142 TOWNSHIP GOVERNMENT. 
 
 teachers' fund, including the apportionment, may be 
 raised for school purposes in each sub-district. 
 
 The school-house fund is derived from a tax upon 
 the property of any district in which a school-house is 
 to be built or repaired. This tax is voted by the elec- 
 tors of the sub-district, or district township, and cannot 
 exceed ten mills on the dollar when levied upon the 
 whole township. At the sub-district meeting held on 
 the first Monday of March, the electors may vote to 
 raise a certain sum of money for school-house purposes. 
 If the electors at the district township meeting, refuse 
 to grant any or all of this amount, the tax is levied 
 upon the property of the sub-district, provided it does 
 not exceed fifteen mills on a dollar of valuation. As a 
 rule, the tax for school-house purposes is levied upon 
 the whole district and expended in the different sub- 
 districts, as occasion may require. 
 
 The district secretaries certify all taxes for school 
 purposes to the county supervisors, who levy them at 
 the time of levying the taxes for county purposes. 
 
 TOWNSHIP OFFICERS. 
 
 The officers of the township are three trustees, one 
 clerk, one assessor, two constables, and two justices of 
 the peace, but where a township contains a city or an 
 incorporated town, the township trustees may order 
 the election of one or two additional justices and con- 
 stables, and at least one justice and one constable must 
 reside in the city or incorporated town. Each town- 
 ship is divided into road districts and the electors ol 
 each district choose one road supervisor, who has 
 charge of the highwajs of his districts.
 
 TOWNSHIP GOVERNMENT. I43 
 
 TRUSTEES. 
 
 The trustees decide upon the place of holding elec- 
 tions, equalize taxes, and have charge of all cemeteries, 
 not controlled by other trustees or by religious socie- 
 ties. They constitute the board of health, act as fence 
 viewers, overseers of the poor, and judges of elec- 
 tion. One trustee is elected every year for a term of 
 three years. All other township officers are elected in 
 the even-numbered years and serve two years. 
 
 The trustees meet on the first Monday of April 
 and the first Monday of October in each year. At the 
 April meeting, they estimate the amount of property 
 tax to be raised in their township for repairing high- 
 ways and purchasing plows, scrapers, tools, etc., to be 
 used in working the roads. This tax cannot be less 
 than one, nor more than five mills on the dollar of 
 assessment for that year. They also determine what 
 portion of the tax, if any, shall be paid in labor, and 
 the wages that will be allowed for a day's work done 
 by a man, or by a man and team. At the October 
 meeting, they divide their township into road districts 
 and settle with the township clerk and road super- 
 visors. 
 
 CLERK. 
 
 The township clerk is secretary of the board of 
 trustees and keeps accurate records of the proceedings 
 of all meetings of the board of trustees, and performs 
 such other acts as may be required of him by law. He 
 acts as clerk of election, has charge of property belong- 
 ing to the township, and receives the resignations of 
 township officers. Immediately after an election he 
 sends the county auditor a list of the names of persons 
 receiving any votes for any office, the number of votes
 
 144 TOWNSHIP GOVERNMENT. 
 
 each person received, and the time of holding the elec- 
 tion. He is empowered to administer the oath of 
 office to township officers. As clerk of election, it is 
 the duty of the township clerk to preserve all the 
 ballots cast at any election, together with the tally list, 
 until the time for contesting the election of any officer 
 voted for has passed. 
 
 ROAD SUPERVISORS. 
 
 Each road supervisor must reside in the district 
 for which he is chosen, but no person who is exempted 
 from performing labor on the highway can be required 
 to serve in this capacity. Within four weeks after the 
 township trustees have levied the property tax, the 
 township clerk furnishes each supervisor with a tax- 
 list for his district, which shows the amount of tax on 
 each piece of land and each town lot, as well as on all 
 personal property belonging to each person in the dis- 
 trict. This list also contains the names of all persons 
 required to perform two days labor upon the road as 
 poll tax.* 
 
 Within ten days after receiving the tax-list, the 
 supervisor is required to post up in three conspicuous 
 places in his district, the amount of tax assessed to 
 each tax-payer. All able-bodied residents of each 
 highway district, between the ages of twenty-one and 
 forty-five years, are required to labor upon the high- 
 way two days of eight hours each. 
 
 On the first Monday of April and October of each 
 year, the supervisors report to the township clerk the 
 
 ♦Note. — At the regular meeting- of the board of supervisors in September 
 in each year, a poll tax of fifty cents is levied upon all male citizens of the county 
 over twenty-one years of age This tax forms a part of the revenue for county 
 purposes, and is levied without any regard to the property of the individuals 
 taxed.
 
 TOWNSHIP GOVERNMENT. I45 
 
 amount of labor performed on the highways in their 
 respective districts, the amount of all moneys received, 
 taxes unpaid, the condition of the highways, and such 
 other information as may be considered necessary. 
 
 When notified in writing that any bridge, or por- 
 tion of the highway, is in an unsafe condition, the 
 supervisor becomes personally liable for any damages 
 resulting therefrom, provided he has had a reasonable 
 tijne to make the needed repairs. When notified that 
 a county bridge is unsafe, it is his duty to obstruct it, 
 and to inform a member of the board of county super- 
 visors of the condition of the bridge at once. 
 
 For each day spent in the discharge of his duties, 
 each road supervisor receives from the highway fund 
 the amount fixed by the township trustees for a day's 
 labor. When there is no money with which to pay the 
 supervisor, he is entitled to a certificate for the amount 
 of labor performed, which will be received in payment 
 of his own highway tax for any succeeding year. 
 
 ASSESSOR. 
 
 The township assessor is required to list every per- 
 son in his township, and to assess all property, both 
 personal and real, except such as is exempted by law. 
 To secure uniformity of assessment, the county super- 
 visors, at their January session, fix the value of the 
 different kinds of property by classes. This serves as 
 a guide to the assessor in the discharge of his duties. 
 On or before January 15, of each year, the assessor 
 receives two books from the county auditor, in each of 
 which he enters, in the proper columns, all the items 
 required concerning the property assessed by him. 
 One of these books is delivered to the township clerk, 
 10
 
 146 TOWNSHIP GOVERNMENT. 
 
 on or before the first Monday of April, to be used by 
 the trustees in equalizing assessments, and levying 
 taxes for township and highway purposes. The other 
 book, after having been corrected by the township 
 trustees, is returned to the county auditor on or before 
 the third Monday of May. 
 
 Section 113, Code of Iowa, is as follows: 
 
 The township assessor of each township shall, at 
 the time of assessing property in the year 1875, and 
 every ten years thereafter, take an enumeration of the 
 inhabitants of his township. 
 
 On or before the first day of June in the year in 
 which the census is taken, the assessor reports to the 
 county auditor the result of the enumeration. An 
 abstract of the reports made by all the assessors of the 
 county is forwarded to the secretary of state by the 
 county auditor, on or before the first day of Septem- 
 ber of that year. The census returns show not only 
 the number of inhabitants, male and female, but a col- 
 lection of statistics pertaining to the militia, the for- 
 eign population, the condition of all the industries of 
 the state, and various other items of interest. 
 
 At the time of making the annual assessment, 
 each assessor is required to make and return to the 
 county auditor a list of the names of all persons sub- 
 ject to military duty. 
 
 JUSTICE OF THE PEACE. 
 
 The jurisdiction of justices of the peace, when not 
 specially restricted by law, is co-extensive with the 
 county in which they reside. Each justice keeps a 
 docket in which he records all official acts done by 
 him. Actions in justice courts are commenced by vol-
 
 TOWNSHIP GOVERNMENT- I47 
 
 untary appearance, or by notice. When a suit requir- 
 ing notice is commenced, the notice must contain the 
 name of the defendant (or a description of him, if his 
 name is unknown), the nature of the claim, the amount 
 claimed by the plaintiff, and the time set for trial. 
 This notice miist be signed by the plaintiff or the jus- 
 tice before whom the action is commenced. It is then 
 delivered to the sheriff or any constable of the county 
 to be served upon the defendant. The trial must be 
 held within fifteen days from the date of the notice, 
 and the notice served within ten days from the same 
 date. The defendant may at any time put a stop to 
 the proceedings, by paying the amount of the claim 
 with the costs that have accrued. 
 
 Before the trial commences, either party may have 
 the place of trial changed by filing an affidavit : 
 
 1. That the justice is prejudiced against him ; 
 
 2. That the justice is a near relative of the other 
 party ; 
 
 3. That the party filing the affidavit considers the 
 justice a material witness for him ; 
 
 4. That he believes that he will not receive justice 
 at the hands of the officer before whom the action was 
 taken. 
 
 This is called a change of venue. 
 
 After a case has come to trial, an adjournment, 
 not to exceed sixty days, may be had to enable either 
 party to secure additional witnesses. 
 
 At the request of either of the parties to any suit, 
 the justice directs the constable to summon a jury, to 
 consist of six members, unless a smaller number has 
 been agreed upon by the parties. 
 
 In criminal matters, the jurisdiction of justices of
 
 148 
 
 TOWNSHIP GOVERNMENT. 
 
 the peace extends to all cases less than felony, com- 
 mitted in their respective counties, in which the pun- 
 ishment prescribed by law does not exceed a fine of 
 one hundred dollars, or imprisonment thirty days. 
 The mode of procedure is much the same in both civil 
 and criminal cases. In any criminal action, the de- 
 fendant may, before any testimony has been taken, 
 demand a trial by jury. If the person be acquitted, he 
 is set at liberty at once. Should he be convicted, the 
 justice renders the judgment of fine, or imprisonment, 
 or both, as the case may require. Criminals sometimes 
 plead guilty to the crimes of which they are accused 
 in the hope of receiving a light sentence. Besides 
 performing the duties above referred to, a justice of 
 the peace may take acknowledgements of signatures 
 to deeds, mortgages, and other papers, solemnize mar- 
 riages, and bind over disorderly persons to keep the 
 peace. 
 
 CONSTABLES. 
 The constable is the proper executive officer of 
 the justice's court, but any of the duties required of 
 him may be performed by the sheriff of the county. 
 The powers and duties of the sheriff in relation to the 
 circuit court correspond, so far as applicable, to those 
 of the constable in a justice's court. It is the duty of 
 the constable to serve all warrants, notices, and other 
 processes lawfully directed to him by the trustees or 
 clerk of any township, or by any court, and to per- 
 form, such other acts as may be required of him by law. 
 He is forbidden to act as attorney for any party, or to 
 purchase any property offered at sale by him upon 
 execution or other process. Constables, although 
 elected by the voters of their respective townships,
 
 TOWNSHIP GOVERNMENT. I49 
 
 may be called upon to discharge their duties in any 
 part of the county; hence they may be considered 
 county officers in a special sense. 
 
 TOWNSHIP COLLECTORS. 
 
 The board of supervisors of any county in the 
 state, having a population of more than seven thou- 
 sand inhabitants, may, at their regular meeting in June, 
 by a two-thirds vote of the board, order the election 
 of a township collector of taxes in each township of 
 the county. The first election of township collectors 
 takes place at the next regular election after the action 
 of the board of supervisors, and they are chosen in the 
 same manner as other township officers. • 
 
 Before entering upon the discharge of his duties, 
 each township collector is required to give a bond to 
 the county in twice the amount of the tax to be col- 
 lected by him. Duplicate tax-lists for each township, 
 in which there is a collector, are made out by the county 
 auditor and delivered to the county treasurer. The 
 treasurer delivers these lists to the collectors as soon 
 as they have qualified, taking their receipts therefor. 
 Upon receiving the tax-lists, each collector posts a 
 notice in some conspicuous place in each school district 
 in his township, stating that he has received the lists. 
 The notice must also state a place in the township 
 where the collector will be at least one day each week 
 for the purpose of receiving the payment of taxes. 
 
 Each collector is required to make a monthly state- 
 ment to the county treasurer of the amount of taxes 
 received by him. This report must be accompanied by 
 the money received. Township collectors are not 
 chosen in very many counties, as this method of col-
 
 150 TOWNSHIP GOVERNMENT. 
 
 lecting taxes is much more expensive to the people, 
 and the additional number of officers renders the lia- 
 bility to mistakes much greater. 
 
 Each collector is entitled to receive for his services : 
 
 1. Two per cent, of all sums collected by him on 
 the first two thousand dollars, and one per cent, on all 
 sums in excess of that amount when collected without 
 suit, 
 
 2. Five per cent, upon all taxes collected by him 
 by distress and sale of property, which percentage and 
 costs shall be collected of the delinquent tax-payer^ 
 and the same fees, in addition to the five per cent., that 
 constables receive for the sale of property on execu- 
 tion. 
 
 The compensation of justices and constables is by 
 fees. Jurors in justices' courts are allowed one dollar 
 for each day's service, but no mileage. Witnesses 
 receive fifty cents for each day's attendance upon this 
 court, and five cents for each mile actually traveled in 
 going to and returning from the trial. Trustees, clerks, 
 and assessors are allowed two dollars for each day's 
 work of eight hours.
 
 COUNTIES OF IOWA. 
 
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 COUNTIES OF IOWA. 
 
 
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 COUNTIES OF IOWA. 
 
 
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 l'^^^^-^.^^^5 >^^^^5:^^^^^
 
 OFFICERS OF THE STATE GOVERNMENT. 
 
 GOVERNORS. 
 
 ♦Robert Lucas 1838-1841 
 
 *John Chambers 1841-1845 
 
 * James Clarke 1845-1846 
 
 Ansel Briggs 1846-1850 
 
 Stephen Hempsted... 1850-1 854 
 
 James W.Grimes 1854-1858 
 
 Ralph P. Lowe 1858-1860 
 
 Samuel J. Kirkwood..l8(i0-1864 
 
 Wm. M.Stone .1864-1868 
 
 Samuel Merrill 1868-1872 
 
 Cyrus C. Carpenter... 1872-1876 
 f Samuel J. Kirkwood. 1876 1877 
 tjoshua G. Newbold.. 1877-1878 
 
 John H. Gear 1878-1882 
 
 Buren R. Sherman... 1882- 
 
 ♦Territorial Governor, 
 t Resigned Feb. 1, 1877. 
 j Acting Governor from Feb. 1, 1877, 
 to Jan. 17, 1878. 
 
 AUDITORS OF STATE. 
 
 Joseph T. Fales. 1846-1850 
 
 William Pattee 1850-1854 
 
 f Andrew J. Stephens. 1854-1855 
 
 jjohn Pattee 1855-1859 
 
 Jonathan W. Cattell... 1859-1 865 
 
 John A. Elliott 1865-1871 
 
 John Russell 1871-1875 
 
 Buren R. Sherman 1875-1881 
 
 Wm. V. Lucas 1881-1883 
 
 John L.Brown 1883- 
 
 t Resigned. 
 
 * LIEUT. GOVERNORS. 
 
 Oran Faville 1858-1860 
 
 Nicholas J. Rusch.... 1860-1862 
 
 John R. Needham 1862-1864 
 
 Enoch W. Eastman. ..1864-1866 
 
 Beni. F. Gue. 1866-1868 
 
 John Scott 1868-1870 
 
 + Madison M. Walden. 1870-1871 
 
 i Henry C. Bulis 1871-1874 
 
 Joseph Dysart.. .1874-1876 
 
 foshua G. Newbold... 1876-1 877 
 Frank T. Campbell... 1878-1882 
 Orlando H. Manning.1882- 
 
 * Office created 1857. 
 
 + Klected to Contrress. 
 
 t Appointed by the Gov. for remain- 
 der of predecessor's term, and then 
 elected for one term. 
 
 TREASURERS OF STATE. 
 
 Morgan Reno. 1846-1 8o0 
 
 Israel Kister 1850-1852 
 
 Martin L. Morris 1852-1 8o9 
 
 John W. Tones 1859-1863 
 
 Wm. H. Holmes 1863-1867 
 
 Samuel E. Rankin... .1867-1873 
 
 Wm. Christy ....1873-1876 
 
 Geo. W. Bemis 1877-1881 
 
 Edwin H. Conger 1881- 
 
 — 155-
 
 1^6 
 
 OFFICERS OF STATE GOVERXMENT. 
 
 SECRETARIKS OF ST.A.TE. 
 
 SUPT. OF PUBLIC INSTRUCTION. 
 
 Elisha Cutler. Jr., 1846-1848 
 
 Josiah H. Bonne v 1848-1850 
 
 George W McCleary. 1850-1 856 
 
 Eliiah Sells 1856-1863 
 
 James Wright 1863-1867 
 
 Ed. Wright... 1867-1873 
 
 [osiah T. Young 1873-1879 
 
 John A. T. Hull 1879-.... 
 
 t JUDGES OF SUPREME COURT. 
 
 James Harlan 1847-1848 
 
 Thomas H. Benton, jr.,1848-1854 
 
 * James D. Ead=, 1854-1857 
 
 t Joseph P. Stone 1857-1857 
 
 Maurice L.Fisher 1857-1858 
 
 tt Oran Faville 1864-1867 
 
 D. Franklin Wells. .1867-1868 
 |:^Abraham S. Kissell. 1868-1872 
 t Alonzo Abernethy. 1872-1876 
 Carl W. von Coeller.. 1876 -1882 
 John W. Akers 1882- 
 
 Jas. H. Rothrock, C. J.. 1876-1884 
 
 Joseph M. Beck 1868-1885 
 
 Austin Adams 1876-1887 
 
 Wm. H. See vers 1877-1888 
 
 Joseph R. Reed 1883-1889 
 
 tjudg^s at present time only. 
 
 * Suspended by Governor. 
 
 t Resisrned. 
 
 tt Appointed by Governor. 
 
 i Dutit-s of this office performed by 
 Sec. of Board of Education from 1858 
 tol8&4. 
 
 $5 Died in office. 
 
 ATTORNEYS GENERAL. 
 
 REGISTERS STATE LAND OFFICE 
 
 David C. Cloud 1853-1856 
 
 Samuel A. Rice 1856-1861 
 
 Chas. C. Nourse 1861-18'>5 
 
 * Isaac L.Allen 1865-1866 
 
 t Frederick E. Bissell. 1866-1867 
 
 |Henrv Oconnor 1867-1872 
 
 l+Marena E. Cutts... 1872-1877 
 
 John F. Mcjunkin 1877-1881 
 
 Smith McPherson laSl- 
 
 Anson Hart 1855-1856 
 
 Theodore S. Parvin... 1856-1859 
 
 Amos B.Miller ia59-l86i 
 
 Edwin Mitchell 1862-18«3 
 
 Josiah A. Harvev 1863-1867 
 
 Cvrus C. Carpenter... 1867-187 1 
 
 Aaron Brown 1871-1875 
 
 David Secor 1875-1879 
 
 James K. Powers 1879-1882 
 
 ♦Resignedjan.il, 1866. 
 
 t Appointed by Governor Jan. 12, 1866, 
 and elected the following fall. Died 
 June 2, 1867. 
 
 t Resiarned 187^. 
 
 *♦ Appointed by Gov. Feb. 23, 1872. 
 
 
 Office abolished Jan. 1. 1883. and 
 duties devolved on the Secretary of 
 State.
 
 OUTLINES. 
 
 History of Towa. 
 Chapter I. 
 
 I. Discovery and Settlement. 
 
 1. Part of Louisiana Purchase. 
 
 2. Early Settlements. 
 
 3. Attached to. 
 
 a. Indiana Ter., 1804. 
 
 b. Missouri Ter., 1812. 
 
 c. Unorganized, 1821. 
 
 d. Michigan Ter., 1834. 
 
 e. Wisconsin Ter., 1836. 
 
 f. Separate Organization, 1838. 
 
 4. Admitted to the Union, 1846. 
 
 5. Character of Settlers. 
 
 6. Black Hawk Purchase, 1832. 
 
 7. Half-Breed Tract. 
 
 8. Second Treaty with Sacs and Foxes, 184a. 
 
 II. Growth. 
 
 1. Immigration. 
 
 2. First Legislature, 1839. 
 
 3. Location of Capital. 
 
 a. Iowa City. 
 
 b. Monroe City. 
 
 c. Des Moines. 
 
 I, New Capitol. 
 
 4. Grants of Land. 
 
 a. 500,000 Acre Grant, 
 
 b. Sixteenth Section. 
 
 c. University Grant. 
 
 d. Five Per Cent Fund. 
 
 5. Permanent School Fund. 
 
 a. Principal. 
 
 b. Interest. 
 
 6. Educational Progress. 
 Chapter II. State Institutions. 
 
 I. State University. 
 
 1. Location — Iowa City, Johnson Co. 
 
 2. Departments. 
 
 a. Academical. 
 
 1. Classical. 
 
 2. Philosophical. 
 
 3. Scientific. 
 
 4. Civil Engineering. 
 
 b. Law. 
 
 c Medicine.
 
 158 OUTLINES. 
 
 3. Government. 
 
 a. Board of Regents. 
 
 II. State Agricultural College. 
 
 1. Location — Ames, Story Co. 
 
 2. Grants of Land. 
 
 3. Design of College. 
 
 4. Management. 
 
 III. State N'ormal School. 
 
 1. Location — Cedar Falls, Black Hawk Co, 
 
 2. Courses of Study. 
 
 a. Didactic. 
 
 b. Scientific. 
 
 c. Supplementary High School. 
 
 3. Design of School. 
 
 4. Management. 
 
 IV. College for Blind. 
 
 1. Location — Vinton, Benton Co. 
 
 2. Management. 
 
 3. Object of School. 
 
 V. Institution for Deaf and Dumb. 
 
 1. Location — Council Bluffs, Pottawattamie Co. 
 
 2. Object of School. 
 
 3. Management. 
 
 VI. Soldiers' Orphans' Home. 
 1. Organization. 
 
 z. Location — Davenport, Scott Co. 
 
 3. Number. 
 
 4. Object, 
 
 VII. Hospital for the Insane. 
 
 1. Location : 
 
 a. Mt. Pleasant, Henry Co, 
 
 b. Independence, Buchanan Co. 
 
 c. Clarinda, Page Co. 
 
 2. Commissioners of Insanity, 
 
 3. Expenses. 
 
 VIII. Institution for Feeble Minded. 
 
 1. Location — Glenwood, Mills Co. 
 
 2. Management. 
 
 3. Object of School. 
 
 4. Board of Trustees. 
 
 IX. Iowa Iiiilustrial Schools. 
 
 1. Location : 
 
 a. Boys' — Eldora, Hardin Co. 
 
 b. Girls'— Mitchellville, Polk Co. 
 
 2. Object of School. 
 
 3. Management. 
 
 X. Penitentiaries. 
 I. Location : 
 
 a. Ft. Madison, Lee Co. 
 
 b. Anamosa, Jones Co. 
 3. Management. 
 
 3, OflScers. 
 
 4. "Good Time."
 
 OUTLINES. 159 
 
 Chapter III. Constitution. 
 
 Chapter IV. Okpak imknts oif Governmknt. 
 
 1. Nature of Constitution. 
 
 2. " Old Constitution " 
 
 3. New Constitution. 
 
 4. Pro:inil)Ic. 
 Art. I. Hill of Rights. 
 
 Sec. I. Kij;lils of Persons. 
 *• 2. Political Powers. 
 " 3. Religion. 
 •' 4. ReliKious Test. 
 *• 5. Dueling. 
 " 6. Laws Uniform. 
 *' 7. Liberty of Speech and Press. 
 '" 8. Personal Security. 
 '* g. Trial by Jury. 
 *' 10. Rights of Persons Accused. 
 " II. Indictment. 
 ** 12. Twice Tried ; Bail. 
 " 13. Habeas Corpus. 
 " 14. Military. 
 
 Quartering Troops. 
 
 Treason. 
 
 Bail ; Punishments. 
 
 Property. 
 
 Imprisonment for Debt. 
 
 Petition. 
 
 Attainder. 
 
 Aliens Hold Property. 
 
 Slavery. 
 
 Reservation. 
 
 Adjournments. 
 Right of SulTrage. 
 
 Electors. 
 " 2. Privileges 
 •* 3. Same. 
 *' 4. Exception. 
 " 5. Ballot. 
 Art. III. Distribution of Powers. 
 Legislative Department. 
 
 I. House of Representatives. 
 
 1. Composition. 
 
 2. Qualifu ation of Memben, 
 
 a. Age. 
 
 b. Citizenship, 
 
 c. Inhabitancy 
 
 d. Residence. 
 
 3. Numi)er of Members. 
 
 a. Nuiuhcr of Districts. 
 
 b. Ratio of Representation, 
 
 4. Census. 
 
 • • 
 «« 
 
 15. 
 i6. 
 
 • • 
 *• 
 
 17. 
 18. 
 
 «• 
 
 19. 
 20. 
 
 t« 
 
 21. 
 
 II 
 
 22. 
 
 41 
 II 
 14 
 
 Art. II. 
 
 23. 
 
 24. 
 
 25- 
 
 R 
 
 Sec 
 
 :. I.
 
 l6o OUTLINES. 
 
 5. When Chosen. 
 
 6. Qualifications of Electors. 
 
 a. Age. 
 
 b. Citizenship. 
 
 c. Residence. 
 
 d. Citizen. 
 
 7. Vacancies. 
 
 8. Powers. 
 
 a. General Law Making. 
 
 b. Impeachment. 
 
 II. The Senate. 
 
 1. Composition. 
 
 2. Qualifications. 
 
 a. Age. 
 
 b. Citizenship. 
 
 c. Inhabitancy. 
 
 d. Residence. 
 
 3. Number of Members. 
 
 a. Const. Provision. 
 
 b. Ratio of Apportionment, 
 
 4. How Classed. 
 
 5. Senate Powers. 
 
 a. General Law Making. 
 
 b. Trial of Impeachment. 
 
 III. Provisions Common to both Houses. 
 
 1. Time of Meeting. 
 
 a. Organization. 
 I. Officers. 
 
 a. Lieutenant-Governor. 
 
 b. Speaker of House. 
 
 c. Other Officers. 
 
 2. Oath. 
 
 3. Salary. 
 
 a. Regular Session. 
 
 b. Special Session. 
 
 c. Of Officers, not Members. 
 
 d. How Paid. 
 
 4. Members. 
 
 a. Quorum. 
 
 5. Adjournment, Penalties, etc. 
 
 6. Privileges. 
 
 a. Of Speech. 
 
 b. From Arrest. 
 
 c. Protest. 
 
 d. Contempt. 
 
 7. Penalties. 
 
 a. Fines and Imprisonments. 
 
 b. Witnesses. 
 
 8. Prohibitions. 
 
 a. On Members. 
 
 I. Appointment to Office.
 
 
 OUTLINES, 
 
 
 2. Ineligibility. 
 
 
 3. Collector. 
 
 
 0. On Officers. 
 
 
 c. On the Legislature. 
 
 
 9. Law Making. 
 
 
 a. Bills. 
 
 
 b. Committee. 
 
 
 c. Passage. 
 
 
 d. Governor's Signature. 
 
 
 e. Governor's Veto. 
 
 
 f. Failure of Governor to Return Bill. 
 
 
 I. Exception. 
 
 
 10. Joint Convention. 
 
 
 II. U. S. Senator. 
 
 Art. IV 
 
 . Executive Department. 
 
 I. 
 
 Powers. 
 
 II. 
 
 Officers. 
 
 
 I. Governor. 
 
 
 a. How Chosen. 
 
 
 b. Term. 
 
 
 c. Qualifications. 
 
 
 I. Age. 
 
 
 2. Citizenship. 
 
 
 3. Residence. 
 
 
 d. Duties. 
 
 
 a. Chief Executive Officer. 
 
 
 b. Commander-in-Chief. 
 
 
 c. Fills Vacancies. 
 
 
 d. Convene. Legislature (special). 
 
 
 e. Message. 
 
 
 f. Adjourn Legislature (special). 
 
 
 g. Grant Reprieves, etc. 
 
 
 2. Lieutenant-Governor. 
 
 
 a. How Chosen. 
 
 
 b. Term. 
 
 
 c. Qualifications. 
 
 
 I. Age. 
 
 
 2. Citizenship 
 
 
 3. Residence. 
 
 
 d. Duties. 
 
 
 I. President of Senate, ex ojici*^ 
 
 
 2. Acting Governor. 
 
 Ill 
 
 , Vacancy — How Filled. 
 
 IV. 
 
 , Seal of State. 
 
 V. 
 
 Motto of State. 
 
 VI. 
 
 , Other Officers. 
 
 Art. V. 
 
 Judicial Department. 
 
 I. 
 
 Courts. 
 
 
 I. Supreme. 
 
 
 a. Number of Members, 
 
 
 b. Term.
 
 l52 OUTLINES. 
 
 c. Chief Justice, 
 
 d. Ineligibility. 
 
 e. Powers. 
 
 f. Salary. 
 
 g. Clerk. 
 
 h. Reporter. 
 Art. VI. Militia. 
 
 1. Composition. 
 
 2. How Equipped. 
 
 3. Iowa National Guards. 
 Art. VII. State Debts. 
 
 Art. VIII. Corporations. 
 Art. IX. Education. 
 
 1. Board of Education. 
 
 2. School Funds and School Lands. 
 Art. X. Amendments. 
 
 1. Number of Amendments. 
 
 2. Process of Amending. 
 
 Art 
 
 . XI. Miscellaneous. 
 
 Art XII. Schedule. 
 
 Courts 
 
 , 
 
 I. : 
 
 Supreme Court. 
 
 
 I. Meetings. 
 
 
 2. Trial of Appeal. 
 
 
 3. Powers (see Const.). 
 
 II. 
 
 District Court. 
 
 
 I. Jurisdiction. 
 
 
 2. Juries. 
 
 
 a. Grand 
 
 
 b. Petit. 
 
 
 3. Jurors. 
 
 
 a. Lists. 
 
 
 b. Compensation. 
 
 Ill 
 
 . Circuit Court. 
 
 
 I. Jurisdiction. 
 
 IV, 
 
 , Judicial Districts. 
 
 
 I. Number (see Civil Gov, 
 
 V. 
 
 Judges. 
 
 
 I. Terra. 
 
 
 2. Salary. 
 
 VI 
 
 County Attorney. 
 
 
 I. Duties. 
 
 
 2. Term. 
 
 
 3. Salary. 
 
 Congressional Districts. 
 
 I. 
 
 I to II (see pp. II 2-1 13). 
 
 2. 
 
 Ratio of Representation. 
 
 3- 
 
 Members of Congress. 
 
 
 a. How Chosen. 
 
 
 b. Term. 
 
 pp. 1 07- 1 to).
 
 OUTLINES. 163 
 
 Senatorial Districts. 
 
 1. 1-50 (see pp. 114, 115). 
 
 2. Ratio of Apportionment. 
 
 3. Number of Senators, 
 Representative Districts. 
 
 1. 1-91 (see pp. 116, 117). 
 
 2. Ratio of Representation. 
 
 3. Number of Representatives.
 
 164 
 
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 u
 
 APPENDIX. 
 
 STATE AGRICULTURAL SOCIETY. 
 
 The state agricultural society was organized for the 
 purpose of stimulating an interest in improved methods 
 of farming and stock raising. There are one hundred 
 four local societies in Iowa, and delegates from these 
 local organizations are chosen annually to attend a meet- 
 ing of the state society for the purpose of choosing a 
 president, vice-president, secretary, and treasurer, for one 
 year, and a board of five directors to serve for two years, 
 and for the transaction of such other busines as the 
 society may be interested in. A state fair is held annual- 
 ly at DesMoines under the direction of this society, and 
 the best products of the farm are there exhibited. Pre- 
 miums for the best exhibits of all kinds are paid, 
 aggregating twenty-five thousand dollars a year. 
 
 DENTAL EXAMINERS. . 
 
 The members of this board are five in number, one 
 being appointed each year by the governor of the state, 
 for a term of five years. All dentists doing business in 
 the state are required to register with the board, and all 
 persons commencing the practice of dentistry must 
 possess a diploma from some reputable college of dentis- 
 try, or pass a satisfactory examination before this board 
 and receive a license to practice in the state. 
 
 BOARD OF HEALTH. 
 
 The establishment of the board of health was for the 
 purpose of making such regulations and investigations as 
 they may from time to time deem necessary for the im-
 
 l68 APPENDIX. 
 
 provement or preservation of the public health. Valuable 
 information designed to aid in preventing the spread of 
 contagious diseases has been furnished in time past in the 
 circulars and pamphlets sent out by this board, and as its 
 wjik becomes better known, much good will result to the 
 people. 
 
 The board is composed of nine members appointed 
 by the governor, with the consent of the executive 
 council, and must consist of the attorney general of the 
 state, one civil engineer, and seven physicians. The 
 term of office is seven years, and it is so arranged that the 
 term of one of the physicians expires on the thirty-first 
 day of January of each year. The board elects a presi- 
 dent from its own membership. A secretary is also 
 chosen at a salary of twelve hundred dollars a year. The 
 regular members of the board are paid their actual 
 expenses while serving in their official capacity, but they 
 
 receive no salary. 
 
 w 
 COMMISSIONERS OF PHARMACY. 
 
 The governor, with the approval of the executive 
 council, appoints each year one of three commissioners 
 or pharmacy, to serve for three years. The membeis of 
 the board are selected from the most competent pharma- 
 cists in the state, and no person is eligible to member- 
 ship unless he has been a resident of the state for five 
 years, and been a practicing pharmacist for the same 
 length of time. 
 
 The special work of this board is to see that none 
 but thoroughly competent persons are permitted to sell 
 drugs and fill prescriptions of medicine. To accomplish 
 this, all persons who desire to engage in the business of 
 selling drugs or dispensing medicines within the state 
 must first obtain a certificate from the commissioners of
 
 APPENDIX. 169 
 
 pharmacy authorizing them as qualified persons to con- 
 duct such busines. The examinations conducted by this 
 board are very strict. The compensation consists of fees 
 charged applicants for certificates and regulated by law. 
 
 Y EDUCATIONAlv BOARD OF EXAMINERS. 
 
 The educational board of examiners is composed of 
 the state superintendent of public instruction, the presi- 
 dent of the state university, the president of the state 
 normal school, and two other persons, appointed by the 
 executive council for the period of four years. One of the 
 persons appointed must be a woman, and no person is 
 eligible to re-appointment. The superintendent of pub- 
 lic instruction is, ex-offido, president of the board. 
 
 Frequent examinations are conducted for the benefit 
 of those teachers who desire to obtain state certificates or 
 state diplomas. Certificates issued by county superin- 
 tendents are valid only in the counties in which they are 
 issued. A state certificate issued by the board of ex- 
 aminers authorizes the person to whom it is issued to 
 teach in any public school in the state for a term of five 
 years, and a state diploma is valid during the life of the 
 one to whom it is granted. The fee charged for examina- 
 tion for state certificate is three dollars; that for life 
 diploma, five dollars. The members of the board ap- 
 pointed receive three dollars a day and expenses during 
 the time tUey are actually employed in the discharge of 
 their duties. All other members are allowed their actual 
 expenses. 
 
 STATE HISTORICAI, SOCIETY. 
 
 This society was organized for the purpose of collec- 
 ting and preserving everthing of a historical nature, in 
 connection with the state of Iowa. Books, pamphlets,
 
 170 APPENDIX. 
 
 maps, charts, manuscripts, and other material of like 
 character bearing upon the history, progress, and present 
 condition of the state, are obtained from all sources pos- 
 sible and arranged in suitable form for preservation. 
 The collection made thus far is in the possession of the 
 state university. The officers of the society consist of 
 eighteen curators, nine being appointed by the governor 
 in June of each even numbered year, and nine chosen by 
 the society from its own membership in June of each odd- 
 numbered year. No officer or member of the society 
 receives any compensation from the state for his services. 
 
 STATE HORTICULTRAL SOCIETY. ^ 
 
 The object of this society is to promote an interest 
 in horticulture. It works in connection with the state 
 agricultural society, and, owing to its efforts, an increased 
 interest is shown in the raising of the various products of 
 the garden. The sura of twenty-five hundred dollars a 
 year is appropriated out of the state treasury for the ben- 
 efit of this society. 
 
 BUREAU OF LABOR STATISTICS. ^ 
 
 The principal work of this bureau is performed by 
 an officer called the commissioner of labor statistics. It 
 is his duty to collect and arrange statistics designed to 
 show the exact commercial, social, educatiotial and 
 sanitary condition of the laboring classes of the state, 
 and the changes that are being made in the condition of 
 these classes for better or worse. He is charged with the 
 collection of information concerning the agricultural, 
 manufacturing, and mining interests of the state. It is 
 also his duty to correspond with persons likely to be in- 
 terested in the development of any of Iowa's resources, 
 and to furnish such persons with any information they
 
 APPENDIX. 171 
 
 may desire concerning the products of the state. A 
 biennial report of the work done by this bureau is 
 reauired by law. 
 
 The commissioner is appointed by the governor for 
 a term of two years, commencing on the first day of 
 April in each even numbered year. The salary is fifteen 
 hundred dollars a year, with an allowance for the neces- 
 sary postage, stationery, and expenses of the office. 
 
 CUSTODIAN OF PUBLIC PROPERTY. 
 
 To this officer is entrusted the care of the capitol 
 building and grounds. He is appointed by the gover- 
 nor, and his salary is fixed at fifteen hundred dollars a 
 year. 
 
 i STATE DAIRY COMMISSIONER. 
 
 The state dairy commissioner is appointed by the 
 governor for the term of two j-ears, commencing on the 
 first day of May of each even -numbered year. His salary 
 is fixed at fifteen hundred dollars a year and actual ex- 
 penses, and his bond at ten thousand dollars. The 
 office was established to aid in abolishing the manufac- 
 ture and sale of imitations of dairy products, or at least 
 to compel manufacturers and dealers in the spurious 
 articles to label them properly and sell them as imitations 
 under the names by which they are commonl}' known. 
 The commissioner must be a person who has had a prac- 
 tical experience in the manufacture of dairj' products. 
 He is furnished an office at DesMoines, and to enable him 
 to perform all the duties required of him, an appropriation 
 of twenty thousand dollars, or so much thereof as may be 
 necessary, is made bienniallj'. 
 
 INSPECTOR OF ILLUMINATING OILS. 
 The governor, with the advice and consent of the
 
 172 APPENDIX. 
 
 senate, appoints a state inspector of illuminating oils, 
 biennially. The term of office begins on the first day of 
 April of each even numbered year. It is the duty of 
 this officer to test all the illuminating oils made from 
 petroleum and designed to be sold for use in this state. 
 All oils that are not properly refined and those that for 
 anj'^ cause will emit a combustible vapor at a lower tem- 
 perature than one hundred and five degrees Fahrenheit 
 are rejected by the insptctor, and .stvere penalties are 
 provided for the punishment of any person who may be 
 guilty of selling, or offering for sale, any oil so rejected. 
 Every barrel or cask inspected is properly labeled or 
 branded and the inspector's name signed. The number 
 of degrees at which conbustible vapor is generated is also 
 recorded on the barrel or cask. The salary is made up 
 of a fee often cents for every barrel of fifty-five gallons 
 of oil inspected. The inspector maj^ appoint as many 
 deputies as may be necessary to enable him to perform 
 the duties of his office. The bond of the inspector is fixed 
 at twenty thousand dollars, and that of each deputy at 
 five thousand dollars. 
 
 FISH COMMISSIONER. 
 
 For the purpose of keeping the rivers and lakes of 
 Iowa stocked with fish, provision has been made for a 
 fish hatching house, at Spirit Lake, owned by the state, 
 and from which small fish in vast numbers are distributed 
 annually. The fish commissioner has charge of this 
 hatching house, and also of the erection of fish ways by 
 means of which fish may pass up, down, or through the 
 water courses of any of the rivers and lakes of Iowa. It 
 is also his duty to see that the law to prevent the catch- 
 ing of fish at certain seasons of the year is complied with. 
 His salary is twelve hundred dollars a year.
 
 APPENDIX. 1^3 
 
 ^^ MINE INSPECTORS. 
 
 There are three mine inspectors appointed by the 
 governor, with the consent of the senate. Their term of 
 office is two years, commencing on the first day of April 
 of each even-numbered year. For convenience the state 
 is divided into three districts, one inspector being as- 
 signed to each district. These officers are required to 
 give all their time to the attention of their duties, and a 
 careful examination of all the mines of the state is made 
 at frequent intervals. It is their especial duty to see that 
 the mines are properly ventilated and that suitable out- 
 lets from the mines are provided, as well as all such 
 appliances for the safety and preservation of the life of 
 miners as can possibly be provided. No person can be 
 appointed mine inspector unless he is a citizen of the 
 United States and of Iowa, of good moral character, and 
 at least twenty -five years of age. He must also have 
 been a practical miner for at least five years. 
 
 SUPERINTENDENT OF WEIGHTS AND 
 MEASURES. 
 
 This officer is appointed by the governor from among 
 the professors of the state university, being subject to 
 removal at the pleasure of the governor. The standard 
 weights and measures are provided at the expense of the 
 state and kept in a building erected for that purpose by 
 the state. Copies of these weights and measures are 
 furnished to boards of supervisors at their request, and to 
 be paid for out of the county fund of the county procuring 
 them. The salary of the superintendent ot weights and 
 measures is fifty dollars a year. 
 
 STATE VETERINARY SURGEON. 
 The state veterinary surgeon is appointed by the
 
 174 
 
 APPENDIX. 
 
 governor for a term of three years, unless sooner re- 
 moved' He must be a graduate of some thorough vet- 
 erinary college, and a person skilled in veterinary science- 
 He has general supervision of all contagious and infec- 
 tious diseases of animals within the state, and he is em- 
 powered to quarantine any animals so diseased, whether 
 they are owned in the state or are in transit through the 
 state. The person holding this office becomes a member 
 of the state board of health by virtue of his appointment. 
 His compensation is fixed at five dollars a day and actual 
 expenses during the time he is occupied in the discharge 
 of his duties.
 
 BOOKS FOR SPECIAL OCCASIONS. 
 
 Thanksgiving, Washington's Birthday, Fourth 
 of July, Christmas, Etc., Etc. 
 
 /OR WASHINGTON'S BIRTHDAY : 
 
 In Exhibition Days, price iSc : — "Washington's Birthday" 'char.), " Wash- 
 ington and WeUington" (dia.). In Children's Hour, price 45c.: — " Birthday Bells" 
 (reci.), "That Little Hatchet" (pantomime), " Live Thou Again" (dia.). In Mem- 
 oria/ Days, price 15c.: — " Some Years in Washington's Life" (dia.). In Little Peo- 
 ple's Dialogues, price 25c.: — '• Keeping the Birthday' (dia.), " Breaking the Colt" 
 
 (dia.). In Holiilay Entertainments, price 30c.:^ — " CJur Holidays" (dia.). 
 
 FOR FOURTH OF JULY: 
 
 In Exhibition Days : — "Our Flag and Other Flags" (dia.), "Origin of the 
 Hag" (reci.). In Little People s Dialogues: — "Brother Johnathan's Birthday," "Two 
 Ways of Spending the Fourth." In Holiday Entertainments : — " Independence 
 Day" (dia.). In Castle's Entertainments, price 30c.: — "A Fourth of July Record" 
 (dia.) In Children's Hour .—''Out Flag" (dia.) 
 
 FOR DECORATION DAY : 
 
 In Holiday Entertainments: — "Long Ago" (dia.) In Favorite Higher 
 Speaker, price 25c. : — " Flowers for the Brave." In Scrap Book Recitation No. 4^ 
 price 25c. : — " A Decoration Day Address." 
 
 FOR RAAY DAY: 
 
 In Little People's Dialogues: — "Crowning The May Queen" Mia.). lu 
 Kavanaugh's Speeches and Dialogues, -^xxCQ 30c.: -"May Celebration" (dia.). In 
 Children's Hour: — " May Festival " (dia.). 
 
 FOR LAST DAY OF SCHOOL: 
 
 In Castle's Entertainments : — " The Nicest Day"(reci.). In Favorite Interme- 
 diate Speaker, price 20c. .• — " Vacation " (reci.), " Dialogue for Last Day." 
 
 FOR THANKSGIVING DAY: 
 
 In Littk People s Dialogues : — "A Perfed Feast "I(dia.), " Being Thankful" 
 (dia.). In Holiday Entertainments i — The " Story of Thanksgiving " (dia.). 
 
 FOR DRILLS: 
 
 "Japanese Fan Drill," "Tambotirine Prill," and "A Simple March." 
 -o. Voting Folks' Entertainments, price 25c. 
 
 FOR CHRISTMAS DAY: 
 
 Several good ones in Holiday Ejitertainments, and Little . People's 
 Dialogues. Also can furnish Christmas Recitations, price, 25c. Also 
 Christmas Dialogues, price 25c. Many good Recitations iu Christtnas Read 
 ings and Recitations. Price 4:5c. 
 
 FOR NEW YEAR'S DAY: — Many good ones in Holiday Entertainments. 
 
 Each of the books mentioned also contain a large amount of other mat- 
 ter, suitable for every day exercises. Books for other special occasions w'"' 
 be ^rientioned on request. 
 
 A. FLANAGAN, 185 Wabash Ave.. Chicago.
 
 nSGLE, BEBDTY WD HEALTH. 
 
 HOW THEY ARE OBTAINED 
 
 In the School Hoom and at Home. 
 
 By C. E. SHELTON, 
 
 Director Physical Training, Western Normal 
 College, Shenandoah, Iowa. 
 
 A Book of Practical Gymnastics for School 
 and Home use. 
 
 We all know that childhood is the period of 
 physical growth. We have already too long confined the attention of 
 home and school to mind, manners and morals, and should noAv realize 
 that the time has arrived Avhen we must consider that the sound mind is 
 naught without the sound body. This book endeavors to give work in 
 the following lines: 
 
 FuEE Gymnastic Exercises, without apparatus, which tend to give 
 health and strengtii; liow to walk, sit, breatlie, etc. Exercises Avith short 
 
 WANDS, BEAN-BAO DRILLS, DUMB-BELL EXERCISES. All of this AVOrk iS 
 
 adapted to the school room with desks, or maybe used at home. Then fol- 
 loAvs a brief scries of long avand and Indian club movements tliat can 
 be used at t]ie discretion of older pcojile. There arc near]^^ 100 illustra- 
 tions taken from photographs of actual work in the schoolroom. Hand- 
 somely bound in clotli, 100 pages. Price G5c. 
 
 SUNBEAMS OF SONGS.— Tliirty-tAvo pages of original songs, words 
 only, adai)ted to popular airs. Tlie words Avere Avritten by a teacher of 
 experience and are for school use only. Pupils Avill delight in singing 
 them and as no knoAvledge of music is requir(Kl, they Avill be used in every 
 school. Pric(», 8 ccmts, or 72 cents per dozen. 
 
 MERRY SONGS.— A ncAV and enlarged edition of this popular wor' 
 is noAV ready. 14 pages of Patriotic Songs, Avords and music, adapted t 
 school use, are added. Nearly one thousand copies per mouth of thi 
 book have been sold since its issue. 118 large pages Avith rudiments oi 
 music and songs that give pleasure to pupil and teacher. Sample 35 cents. 
 Introductory, $3.00 per dozen. 
 
 STORIES OF THE THREE AMERICAS. 
 
 Intensely interesting stories of the ciirl}' explorers of North, South 
 and Central America. No person Avill, I think, lay this book aside Avithout 
 reading every page; in it, and Avill then be anxious for others in the same 
 series. All the adventui'cs of those heroic explorers is given in a descrip- 
 tive style as interesting as Robinson Crusoe. AVell illustrated. About 
 200 large 5x8-inch i)ages, and Avill be ready about June intli. Price, about 
 90 cents. Orders Avill be tilled at this price for the present. 
 
 A. FLANAGAN. 
 
 185 Wabash Ave., Chicago,
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 Los Angeles 
 
 This book is DUE on the last date stamped below.
 
 AA 000 548 377 
 
 j£v.irjl^ . 
 
 JK 
 
 6325 
 1890 
 C36lh