UNIVERSITY OF ILLINOIS LIBRARY Class Book Volume 1906 Ja 09-20M CENTRAL CIRCULATION BOOKSTACKS The person charging this material is re- sponsible for its return to the library from which it was borrowed on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. TO RENEW CALL TELEPHONE CENTER, 333-8400 UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN When renewing by phone, write new due date below previous due date. L162 Digitized by the Internet Archive in 2016 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/historycivilgove00seer_0 THE State Government Series EDITS D BY B. A. HINSDALE, Ph.D., LL.D. VOLUME IV. STATE CAPITOL. HISTORY AND Civil Government of Iowa BY H. H. Seerley, A.M., President of the Iowa State Normal School, and L. W. PARISH, AM., Professor of Political Science in the Iowa State Normal School. and THE GOVERNMENT OF THE UNITED STATES BY B. A. HINSDALE, Ph.D., LL.D. NEW YORK CINCINNATI CHICAGO AMERICAN BOOK COMPANY THE STATE GOVERNMENT SERIES UNDER THE GENERAL EDITORSHIP OF B. A. HINSDALE, Ph.D., LL.D. Professor of the Science and the Art of Teaching in the University of Michigan; Author of “The American Government,” “Studies in Education,” etc. Price History and Civil Government of Iowa By H. H. Seerley, A.M., President Iowa State Normal School, and L. W. Parish, A.M., Professor of Political Science in the Iowa State Normal School $1.00 History and Civil Government of Minnesota..... By Sanford Niles, Ex-State Superintendent Public Instruction 1.00 History and Civil Government of South Dakota By Geo. M. Smith, M.A., Professor of Greek and Pedagogy, University of South Dakota, and Clark M. Young, Ph.D., Professor of History and Political Science, University of South Dakota 1.00 History and Civil Government of Ohio By Dr. B. A. Hinsdale and Mary L. Hinsdale 1.00 History and Civil Government of Missouri By J. U. Barnard, Formerly Professor in the State Normal School of Missouri 1.00 History and Civil Government of Maine By W. W. Stetson, State Superintendent of Public Schools 1.00 History and Civil Government of Pennsylvania By Dr. B. A. Hinsdale and Mary L. Hinsdale 1.00 History and Civil Government of West Virginia By Virgil A. Lewis, A.M., Ex-State Superintendent of Schools of West Virginia 1.00 History and Civil Government of Louisiana By JOHN R. Ficklen, Professor of History and Political Science in Tulane University 1.00 Copyright, 1897, by Werner School Book Company Copyright, 1908, by American Book Company e-p 2 0*VO MrZ-177 110 % PREFACE. The recent revision of the Code of Iowa has caused somewhat important changes in the government of cities and in some of the State departments. These changes we have tried to make clear to the pupil, and we hope that the comparative tables and numerous outlines may prove helpful in fixing the information given in the text. Our book has grown out of the conviction that his- tory and civics are correlative studies ; that the story o ^ of civic development constitutes civil history; and that the civil government of to-day is most interesting and most profitable when viewed in the light of those events by which the organization of the State is ~ being moulded and perfected. While we have given considerable space to the his- i tory of Iowa, we have confined ourselves strictly to civil history, and have tried, by numerous cross- references, to emphasize the fact that present civic conditions are the result of past experiences and not infrequently of past prejudices. Hoping that this method of study may help in add- ing to American patriotism a much needed intelligence, 150434 6 PREFACE and that, as as a consequence, at least the blunders of history may show less tendency to repeat themselves, we offer our little book not only to the teachers of Iowa, but to all who are interested in the past and present of our beloved State. H. H. Seerley, L. W. Parish. State Normal School, Cedar Falls, Iowa. CONTENTS Page. General Introduction 9-26 Part I. — History. Chapter. I. The Beginnings of Government (1673-1838) 27-35 II. The Original Inhabitants 36-43 III. Iowa Territory (1838-1840) 44-54 IV. Steps to Statehood 55-62 V. The Democratic Period of State Control (1846-1854) 63-73 VI. The Transition Period in Or- ganization and Legislation (1854-1857) 74-81 VII. The Republican Period of State Control (1857- ) 82-92 VIII. Iowa in the Days of Contro- versy and War (1859-1865) .. 93-104 IX. The State Institutions and So- cieties 105-118 X. Growth, Development, and Change 1 19-135 Part II. — Civil Government. XI. Local Government 136-144 XII. Township Government 145-158 XIII. Municipalities 159-165 XIV. County Government 166-178 XV. State Government I79~i93 XVI. Right of Suffrage 194-203 7 8 CONTENTS Chapter. Page. XVII. Legislative Department 204-215 XVIII. Legislative Department ( Con - tinued ) 216-228 XIX. Executive Department 229-242 XX. Judicial Department . 243-258 XXI. State Debts and Corporations. 259-266 XXII. Education and School Lands.. 267-280 Part III. — Government of the United States. XXIII. The Making of the Government. 281-289 XXIV. Amendments Made to the Con- stitution 290-292 XXV. The Source and Nature of the Government 2 93" 2 95 XXVI. The Composition of Congress and the Election of its Members. 296-308 XXVII. Organization of Congress and its Methods of Doing Business 309-315 XXVIII. Impeachment of Civil Officers.. 316-319 XXIX. General Powers of Congress.. 320-332 XXX. Election of the President and the Vice-President 333’338 XXXI. The President’s Qualifications, Term, and Removal 339 " 34 r XXXII. The President’s Powers and Duties 342 - 35 ° XXXIII. The Executive Departments.... 351-355 XXXIV. The Judicial Department ... . . . 356-363 XXXV. New States \nd the Territorial System 364-369 XXXVI. Relations of the States and the Union. 37°'377 Special Review and Outline... 378-384 GENERAL INTRODUCTION. The character of the volumes that will comprise The State Government Series is indicated by the name of the series itself. More definitely, they will combine two important subjects of education, History and Govern- ment. It is proposed in this Introduction briefly to set forth the educational character and value of these sub- jects, and to offer some hints as to the way in which they should be studied and taught, particularly as limited by the character of the Series. 1. The Educational Value of the Study of History and Government. Not much reflection is required to show that both of these subjects have large practical or guidance value, and that they also rank high as disciplinary studies. 1. History . — When it is said that men need the expe- rience of past ages to widen the field of their personal observation, to correct their narrow views and mistaken opinions, to furnish them high ideals, and to give them inspiration or motive force; and that history is the main channel through which this valuable experience is trans- mitted to them — this should be sufficient to show that history is a very important subject of education. On this point the most competent men of both ancient and modern times have delivered the most convincing testi- mony. Cicero called history “the witness of times, the light of truth, and the mistress of life.” Dionysius of Halicarnassus said “history is philosophy teaching by 9 IO GENERAL INTRODUCTION. examples,” and Lord Bolingbroke lent his sanction to the saying. Milton thought children should be taught “the beginning, the end, and the reasons of political societies.” Another writer affirms that “history fur- nishes the best training in patriotism, and enlarges the sympathies and interests.” Macaulay said: “The real use of traveling to distant countries, and of studying the annals of past times, is to preserve them from the contraction of mind which those can hardly escape whose whole commerce is with one generation and one neighborhood.” In every great field of human activity the lessons of history are invaluable — in politics, religion, education, moral reform, war, scientific investigation, invention, and practical business affairs. The relations of history and politics are peculiarly close. There could be no science of politics without history, and practical politics could hardly be carried on. But, more than this, there can be no better safeguard than the lessons of history against the specious but dangerous ideas and schemes in relation to social subjects that float in the atmosphere of all progressive countries. In fact, there is no other safeguard that is so good as these lessons; they are ex- perience teaching by examples. The man who has studied the history of the Mississippi Scheme, the South Sea Bubble, or some of the less celebrated industrial or economical manias that have afflicted our own country, is little likely to embark in similar schemes himself, or to promote them. The man who has studied the evils that irredeemable paper money caused in France in the days of the Revolution, or the evils that the Continental money caused in our own country, will be more apt to form sound views on the subjects of currency and bank- ing than the man who has had no such training. The GENERAL INTRODUCTION. IT school of history is a conservative school, and its lessons are our great defense against cranks, faddists, and dem- agogues. 2. Government . — Politics is both a science and an art. It is the science and the art of government. As a science it investigates the facts and principles of government; as an art it deals with the practical applications of these facts and principles to the government of the state. Now it is manifest that the art of politics, or practical government, directly concerns everybody. Few indeed are the subjects in which men, and particularly men living in great and progressive societies, are so deeply interested as in good government. The government of the state is charged with maintaining public order, se- curing justice between man and man, and the promotion of the great positive ends of society. For these pur- poses it collects and expends great revenues, which are ultimately paid from the proceeds of the labor of the people. Furthermore, in republican states, such as the American Union and the forty-six individual States that make up the Union, government is carried on by the people through their representatives chosen at popular elections. The voters of the United States are a great and growing body. Educational and other restrictions sometimes reduce the number of voters in a State, but this effect is more than counterbalanced by the increase in population in the nation at large. About 14,000,000 citizens vote in a presidential election. They vote also for National representatives, for State legisla- tures, executives, and judges, for county, township, and city officers, for the supervisors of the roads and the directors of the public schools. There is not a point in the whole round of National, State, and Local govern- ment that the popular will, as expressed at elections, 12 GENERAL INTRODUCTION. does not touch. Every man is, therefore, directly con- cerned to understand the nature and operations of these governments, and almost equally concerned to have his neighbors also understand them. We have been dealing with practical politics exclu- sively. But the art of government depends upon the science of government. The government of a great country like our own, at least if a good one, is a com- plicated and delicate machine. Such a government is one of the greatest triumphs of the human mind. It is the result of a long process of political experience, and in its elements at least it runs far back into past history. It is, therefore, a most interesting study considered in itself. All this is peculiarly true of our own govern- ment, as will be explained hereafter. However, this complicated and delicate machine is not an end, but only a means or instrument; as a means or instrument it is ordained, as the Declaration of Independence says, to secure to those living under it their rights — such as life, liberty, and the pursuit of happiness; and the extent to which it secures these rights is at once the measure of its character, whether good or bad. It is also to be observed that a government which is good for one people is not of necessity good for another people. We Americans would not tolerate a govern- ment like that of Russia, while Russians could hardly carry on our government a single year. A good govern- ment must first recognize the general facts of human nature, then the special character, needs, habits, and traditions of the people for whom it exists. It roots in the national life and history. It grows out of the na- tional culture. Since government is based on the facts of human nature and human society, it is not a mere crea- GENERAL INTRODUCTION. *3 ture of accident, chance, or management. In other words, there is such a thing as the science of govern- ment or politics. Moreover, to effect and to maintain a good working adjustment between government and a progressive society, is at once an important and difficult matter. This is the work of the practical statesman. A.nd thus we are brought back again to the fact that the science of government is one of the most useful of studies. Mention has been made of rights, and of the duty of government to maintain them. But rights always imply duties. For example: A may have a right to money that is now in B’s posssession, but A cannot enjoy this right unless B performs the duty of paying the money over to him. If no duties are performed, no rights will be enjoyed. Again, the possession of rights imposes duties upon him who possesses them. For example: The individual owes duties to the society or the govern- ment that protects him in the enjoyment of his rights. Rights and duties cannot be separated. Either implies the other. Accordingly, the practical study of govern- ment should include, not only rights, but also duties as well. The future citizen should learn both lessons; for the man who is unwilling to do his duty has no moral claim upon others to do theirs. The foregoing remarks are particularly pertinent to a republican government, because under such a govern- ment the citizen’s measure of rights, and so of duties, is the largest. Here we must observe the important dis- tinction between civil and political rights. The first relate to civil society, the second to civil government. Life, liberty of person, freedom of movement, owner- ship of property, use of the highways and public insti- tutions, are civil rights. The suffrage, the right to hold H GENERAL INTRODUCTION. office under the government, and general participation in public affairs are political rights. These two classes of rights do not necessarily exist together; civil rights are sometimes secured where men do not vote, while men sometimes vote where civil rights are not secured; moreover, both kinds of rights may be forfeited by the citizen through his own bad conduct. Evidently polit- ical rights are subordinate to civil rights. Men partic- ipate in govermental affairs as a means of securing the great ends for which civil society exists. But the great point is this — republican government can be carried on successfully only when the mass of the citizens make their power felt in political affairs; in other words, per- form their political duties. To vote in the interest of good government, is an important political duty that the citizen owes to the state. Still other political duties are to give the legally constituted authorities one’s moral support, and to serve the body politic when called upon to do so. These duties grow out of the corresponding rights, and to teach them is an essential part of sound education. It has been remarked that good government rests upon the facts of human nature and society, that such a government is a complicated machine, and that it is an interesting subject of study. It is also to be observed that the successful operation of such a government calls for high intellectual and moral qualities, first on the part of statesmen and public men, and secondly on the part of the citizens themselves. There are examples of an ignorant and corrupt people enjoying measurable pros- perity under a wise and good monarch; but there is no example of a democratic or republican state long pros- pering unless there is a good standard of intelligence and virtue. This is one of the lessons that Washington GENERAL INTRODUCTION. 15 impressed in his Farewell Address: “In proportion as the structure of a government gives force to public opinion, it is essential that public opinion shall be intel- ligent.” Government deals with man in his general or social relations. Robinson Crusoe living on his island neither had, nor could have had, a government. Man is born for society; or, as Aristotle said, “man has a social instinct implanted in him by nature.” Again, man is political as well as social; or, as Aristotle says, “man is more of a political animal than bees, or any other gregarious animal.” Hence the same writer’s famous maxim, “Man is born to be a citizen.” These last remarks bring before the mind, as a subject of study, man in his relations to his fellow men. The study of man in these relations has both practical and disciplinary value. At first man is thoroughly individual and egotistical. The human baby is as selfish as the cub of the bear or of the fox. There is no more exacting tyrant in the world. No matter at what cost, his wants must be supplied. Such is his primary nature. But this selfish creature is endowed with a higher, an ideal nature. At first he knows only rights, and these he greatly magnifies; but progressively he learns, what no mere animal can learn, to curb his appetites, desires, and feelings, and to regard the rights, interests, and feelings of others. To promote this process, as we have already explained, government exists. In other words, the human being is capable of learning his relations to the great social body of which he is a member. Mere individualism, mere egotism, is compelled to recognize the force and value of altruistic conviction and sentiment. And this lesson, save alone his relations to the Supreme Being, is the greatest lesson i6 GENERAL INTRODUCTION. that man ever learns. The whole field of social rela- tions, which is covered in a general way by Sociology, is cultivated by several sciences, as ethics, political economy, and politics; but of these studies politics or government is the only one that can be introduced in didactic form into the common schools with much suc- cess. In these schools civil government should be so taught as to make it also a school of self-government. It may be said that so much history and politics as is found in these volumes, or so much as can be taught in the public schools, does not go far enough to give to these studies in large measure the advantages that have been enumerated. There would be much force in this objection, prpvided such studies were to stop with the elementary school. But fortunately this is not the case. The history and the politics that are taught in the elementary school prepare the way for the history and the politics that are taught in the college and the uni- versity. Furthermore, and this is in one aspect of the subject still more important, they also prepare the way for much fruitful private study and reading in the home. II. Methods of Study and Teaching. Under this head history will be considered only so far as it is involved in politics. Our first question is, Where shall the study of government begin ? The answer will be deferred until we have considered the general features of the government under which we live. The United States are a federal state, and the Ameri- can government is a dual government. Our present National Government dates from the year 1789. It was created by the Constitution, which, in that year, took the place of the Articles of Confederation. At that time the State governments were in full operation, and it was GENERAL INTRODUCTION. *7 not the intention of the framers of the Constitution, or of the people who ratified it, to supersede those govern- ments, or, within their proper sphere, to weaken them. Experience had conclusively shown that the country needed a stronger National Government, and this the people undertook to provide. So they undertook to accomplish in the Constitution the objects that are enumerated in the Preamble. “We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.” The Constitution also formally denied some powers to the United States and some to the States; that is, it for- bade the one or the other to exercise the powers so prohibited. (See Article I, sections 9, 10.) The under- standing was that the mass of powers not delegated to the Union exclusively, or forbidden to the States, continued to remain in the hands of the people in their State capacities. Moreover, this understand- ing was expressly asserted in Article X of the Amend- ments. Accordingly, the Government of the United States must be studied under two aspects, one National and one State. The case is quite different from what it would be in England or France, both of which countries have single or unitary governments. This duality makes the study more interesting, but more difficult, and suggests the question whether it should begin with the Nation or the State. The answer must be deferred until still othei facts have been taken into account. GENERAL INTRODUCTION. The powers that the State Governments exercise are exercised through a variety of channels. (1.) Some are exercised directly by State officers. For the most part these are powers that concern the State as a whole. (2.) Some are exercised by county officers within the county. (3.) Some are exercised by town or township officers within the town or county. (4.) Some are exer- cised by city or municipal officers within the city. (5.) A few fall to officers elected by divisions of townships, as road-masters and school directors. Items 2, 3, 4 and 5 of this enumeration constitute Local government, which the people of all the States, in some form, have retained in their own hand. Here we meet a political fact that distinguishes us from some other countries, the vigorous vitality of local institu- tions. France, for example, although a republic, has a centralized government; many powers are there exercised by national officers that here are exercised by local officers, while there the state often asserts direct control over the local authorities. Strong attachment to local self-government, and opposition to centralized govern- ment, is one of the boasted glories of the English-speak- ing race. Subject to the State constitution, the State Legislature is the great source of political power within the State. The county, the township, and the city owe their political existence and peculiar organization to the Legislature. Different States have organized local government in different ways. Speaking generally, there are three types — the Town type, the County type, and the Mixed type. The Town type is found exclusively in the New England States. It throws most of the powers of local government into the hands of the town, few into the hands of the county. The County type, which is found GENERAL INTRODUCTION. 19 in the Southern States and in a few others, reverses this method; it throws all local powers into the hands of the county, and makes the sub-divisions of the county merely an election precinct, the jurisdiction of the justice of the peace, and perhaps the unit of the militia company. The Mixed, or Compromise system, as its name implies, combines features of the other two. It makes more use of the county, and less of the town, than New England; more of the township, and less of the county, than the South. It is found in the Central States and generally, but not universally, throughout the West. Now not much argument is needed to show that the study of government, even within the limits of the ele- mentary school, should embrace the two spheres in which the American Government moves, the sphere of the Nation and the sphere of the State. Neither is much argument called for to show that the study of the State should embrace Local government, as well as State government proper. The argument on the whole subject divides into two main branches — the one practi- cal, the other pedagogical. Unfortunately, the time given to the study of govern- ment in the schools has not always been wisely distrib- uted. For many years the National Government received disproportionate attention, and such, though perhaps in less degree, is still the case. But, important as the powers of the Nation are, the common citizen, in time of peace, has few relations with it outside of the Post Office Department, while his relations with the State are numerous and constant. President Gar- field, in 1871, said : “It will not be denied that the State government touches the citizen and his interests twenty times where the National Government touches him once.” 20 GENERAL INTRODUCTION. Still another point may be urged. An American State is a distinct political community. It is a separate commonwealth having its own constitution, laws, and officers. It has its own history. The people boast its services to the country. They point to its great names. They glorify the associations that cluster about its name. They dwell upon its typical or ideal life. All this is educative in a striking sense; such an environment necessarily reacts upon the people. Who can measure the effect of the old Bay State ideal, or the Old Dominion ideal, upon the people of either State ? Once more, Local government has received too little attention as compared with State government proper. Township or county government is on such a diminutive scale that to many it seems a subject unworthy of serious study. But it is important to teach the youth of the county that their future prosperity and happiness, as a rule, will depend upon what is done by road-masters, school directors, township trustees or supervisors, county commissioners or county courts, city authorities, and the like, far more than upon what is done by the Governor or the President. The common citizen is tenfold more concerned in the proceedings in the courts held by justices of the peace and by county judges than in the causes that are decided by the Supreme Court of the United States. Government is fundamentally an information or guid- ance study. It is put in the schools to teach the pupil how to perform his political duties intelligently when he comes to the state of manhood. In order that he may perform these duties intelligently, he must under- stand the nature and the ends of government, whether National, State, or Local, and the mode of its opera- tion. GENERAL INTRODUCTION. 21 The fact is, however, that characteristic features of our government are ill understood by thousands of our citizens. The functions of the Executive and of the Judiciary are often confounded; likewise the functions of State authorities and National authorities. A multitude of citizens participate in every election of electors for President, who do not know how the President is elected. The line dividing the State sphere from the National sphere is a very hazy matter to many persons who consider themselves intelligent. Owing partly to this fact, and partly to the greater prominence of the Union, there is always a tendency in many quarters to hold the National authorities responsible for what the State authorities have or have not done. The adjust- ment of Local Government to the State and National Governments is another matter concerning which many are confused. Tax-payers can be found in every neigh- borhood who think the taxes that they pay to the town- ship or the county treasurer go to Washington. What has been said will suffice for the practical branch of the argument. Taking up the pedagogical branch, let us first observe the nature and the origin of the child’s early education in respect to government. It is in the family, in personal contact with its mem* bers, that the child forms the habits of obedience and deference to others. It is here that he learns, in a rudi- mentary and experimental ' way, that he is part of a social whole. Here he acquires the ideas to which we give the names obedience , authority , government , and the like. His father (if we may unify the family govern- ment) is his first ruler, and the father’s word his first law. Legislative, executive, and judicial functions are centered in a single person. These early habits and ideas are the foundations of the child’s whole future education in government, both practical and theoretical. 22 GENERAL INTRODUCTION. His future conception of the governor, president, king, or emperor is developed on the basis of the idea of his father; his conception of society, on the basis of the idea of his home; his conception of government by the State, on the basis of family government. Of course these early habits and ideas are expanded, strengthened, and adjusted to new centers. While still young, the child goes to school. This, on the governmental side, is but a repetition of the home. It is the doctrine of the law that the teacher takes the place of the parent: in loco parentis . The new jurisdic- tion may be narrower than the old one, but it is of the same kind. The education of the school reinforces the education of the home in respect to this all-important subject. The habits of obedience and deference are strengthened. The child’s social world is enlarged. At first he thought, or rather felt, that he was alone in the world; then he learned that he must adjust himself to the family circle; now he discovers that he is a member of a still larger community, and that he must conduct himself accordingly. The ideas of authority, obedience, law, etc., are expanded and clarified. About the time that the child goes to school he begins to take lessons in civil government. This also is de- veloped on the basis of his previous home-training. It begins at the very door-step. The letter-carrier, the policeman, the justice of the peace, and the postmaster introduce him to the government of the outer world. Some or all of these officers he sees and knows, and others he hears about. The very mail wagon that rattles along the street teaches its lesson, and so do other symbols of authority that confront him. He attends an election and hears about the caucus. As he grows older, the town council, the court of the local magistrate, and the constable or sheriff teach him the GENERAL INTRODUCTION. 23 meaning of the three great branches of government. His ears as well as his eyes are open. Politics is the theme of much familiar conversation to which he listens. With all the rest, he reads the newspaper, and so en- larges his store of political information. Still other agencies contribute to the grand result. The church, public meetings, societies of various kinds, all teach the lessons of order and discipline. Such, in general, are the steps by which the child makes his way out of the world of isolation and selfish- ness into the world of social activity and light. Such is the character of his early education in morals and politics. Nor is it easy to overestimate these early les- sons. To suppose that the child’s political education begins when he first reads the Constitution of the United States, is like supposing that his moral education begins when he is first able to follow the preacher’s sermon. All this training is unconscious and mainly incidental, and the more effective for that very reason. But such training will not meet the ends of intelligent citizenship. Nor can the political education of citizens be left to the newspaper and the political speaker. Government must be formally taught in the schools. But what shall be the order of study ? Shall the child begin at Washing- ton, at the State capital, or at his own home ? In other words, shall he begin with the National Government, with the State government proper, or with Local gov- ernment ? For a time the student of government should continue to work on the material that lies right about him, just as the student of geography should find his first lessons at home. On this point the arguments already presented are decisive. The practical argument shows that this will be the most useful course to pursue. The peda- gogical argument shows that it is also the easiest, the 2 4 GENERAL INTRODUCTION. most natural, and the most successful. In general then the method should be — -first, the Local Government; second, the State Government, and last, the National Government. We have now reached a point where we can define more clearly and fully the special object of the series of books to which this is a general introduction. These books are designed for the first stage of the formal study of the subject of Government. They are written on the theory announced ; viz. : That the child’s political education begins at home, and should for a time proceed from the home outward. The series is appropriately named The State Government Series. A volume will be given to a State. The successive volumes will first present an outline sketch of the civil history of the State, and then outline sketches of the State and National Governments as they now exist and operate. With two or three practical suggestions to teachers, this Introduction may fitly close. The first of these suggestions is that if the propel course be taken, the study of the National system will not be deferred until the pupil has made a complete survey of the State System. The State system can no more be understood alone than the National system alone. When the intelligent pupil, and particularly a boy, is old enough to take up one of the volumes of this series, he will already have made some progress in discriminating the two systems. He will know that Congress and the President belong to the Nation, the Legislature and the Governor to the State. But at the outset it may be ad- visable for the teacher to broaden and deepen this line of division. This can be done, if need be, in one or more oral lessons devoted especially to the subject. More- over, the teacher should keep an eye on this line from first to last. He should encourage the pupil to read the GENERAL INTRODUCTION. 25 Constitution of the United States, and in particular should direct his attention to the general powers of Con- gress as summed up in Article I, section 8, which are the driving wheels of the National Government. The second observation is that unremitting care must be taken to make the instruction real. The common- places about the abstractness and dryness of verbal in- struction, and particularly book instruction, will not be dwelt upon, except to say that they apply to our subject with peculiar force. The study of history, when it is made to consist of memorizing mere facts, is to the common pupil a dry and unprofitable study. Still more is civil government dry and unprofitable when taught in the same manner. There is little virtue in a mere political document or collation of political facts. The answer that the school boy made to the question, “ What is the Constitution of the United States?” is suggestive. He said it was the back part of the History that nobody read. Hence the book on government must be connected with real life, and to establish this connec- tion is the business of the teacher. On this point three or four hints may be thrown out. The teacher should not permit the Governor, for ex- ample, to be made a mere skeleton. He should see rather that he is made to the pupil a man of flesh and blood, holding a certain official position and exercising certain political powers. It is better to study the Governor than the Executive branch of the government; better to inquire, What does the Governor do? than, What are the powers of the Executive ? The teacher should stimulate the pupil to study the political facts about him. He should encourage him to observe the machinery of political parties, the holding of elections, council meetings, courts of local magis- trates, and the doings of the policeman, constable, and 26 GENERAL INTRODUCTION. sheriff. This suggestion includes political meetings and conversations upon political subjects. By observation an undue personal attendance upon such proceedings is not meant. To that, of course, there might be several objections. Pupils in schools should be encouraged to read the newspapers, for political among other reasons. The publications prepared particularly for school use to which the general name of “Current Events ” may be given, are deserving of recommendation. Still another thought is that the study be not made too minute. It should bear rather upon the larger features of the special topics. This remark is particu- larly applicable to the judiciary, which nearly all persons of ordinary education find more or less confusing. The suggestions relative to observation of political facts are peculiarly important in a country like our own. To understand free government, you must be in touch with real political life. In teaching Civil Government, the first point is to de- velop Civic Spirit — the spirit that will insist upon rights and perform duties. The last word is a word of caution. The method that has been suggested can easily be made too successful. Our American atmosphere is charged with political interest and spirit; and, while the pupil who takes a lively interest in current politics, as a rule, will do better school work than the pupil who does not, the teacher must exercise care that partisan spirit be not awakened, and that occupation in current events do not mount up to a point where it will interfere with the regular work of the school. B. A. Hinsdale. PART I HISTORY OF IOWA CHAPTER I THE BEGINNINGS OF GOVERNMENT 1673-1838 1 . Meaning of the Name Iowa. — Local historians from the earliest times have disagreed regarding the meaning of the Indian word Iowa. Some good authorities who know the language of the red man well, state that it means “The Beautiful Land.” Antoine Le Claire, an authority of the highest repute, is just as positive that the word means, “ This is the Place.” Henry R. Schoolcraft, also a notable authority, decides that the Indians used the word to mean “ Across the River,” calling the tribe which had left the old home in Illinois the Iowas. It is not possible to choose between these authorities, but there is agreement in the fact that the word is derived from the Indian language, and that there was a tribe of Fox Indians which bore this name, leaving it upon the map of the state in Iowa river, Iowa City, Iowa county and Iowa State. 2 . History of the Use of the Name. — The first time the name appears in public records was in 1829. The Territorial Legislature of Michigan, sitting in the city of Detroit, organized all that part of the country 27 28 HISTORY OF IOWA south of the Wisconsin river, west of Lake Michigan, north of Illinois, and east of the Mississippi river into a county, and called it Iowa. This county still exists, though of not such large size, in south-western Wiscon- sin. Following this act, the Legislature of Michigan created two counties in 1834, west of the Mississippi river, naming them Dubuque and Des Moines, and at- tached them, for judicial purposes, to this Iowa county. It was a natural thing, after the organization of the Territory of Wisconsin, in 1836, to speak of that part of its extensive Territory as the “Iowa District. ” When Congress divided the Territory in 1838, the name Iowa was readily attached to the new Territory and came as a matter of course in the naming of the State in 1846. The regular steps in the development and extension of the use of the word were Iowa county, Iowa court district, Iowa Territory, and Iowa State. 3 . Early Explorations. — The fur trader and the Christian missionary were the first explorers of this country. James Marquette, a French Jesuit mission- ary, and Louis Joliet, a French-Canadian fur trader, were probably the first white men that ever saw the “ Beautiful Land.” On the 17th of June, 1673, with five French assistant boatmen, they entered the Mississippi river by way of the Wisconsin river, and drifting rapidly down the Father of Waters, Rio Grande, as they called it, landed June 25, in the present county of Lee, near the mouth of the Des Moines river. In 1680 Louis Hennepin, a Franciscan priest, with two fur traders, ascended the Mississippi river as far as the Falls of St. Anthony, naming them THE BEGINNINGS OF GOVERNMENT 2 9 for his patron saint. He gave the French name, prairie, to the meadowy, grassy plains he found in the region of Illinois and Iowa, and wrote an excellent description of the same, which was published at Paris in 1683. In 1682 La Salle, another French fur trader, left Canada for the purpose of exploring the Great Lakes and the country to the south and west. He passed down the Illinois river, and from its mouth down the Mississippi river to the Gulf of Mexico, naming the country Louisiana, in honor of his king. While he probably never saw Iowa, yet it is well to know this much of his expedition, as Iowa was so long a part of Louisiana, and came to the United States through the Louisiana purchase of 1803. From this time for one hundred and fifty years this entire country remained in the possession of the native Indian tribes, almost unknown to our Anglo-Saxon ancestors, who were busily laying the foundations of an empire along the Atlantic seaboard. 4 . The Expedition of Captains Lewis and Clark. — In 1804 Captains Lewis and Clark were sent by the United States Government upon the famous exploring expedition to the Pacific Ocean. During that year they visited the western border of Iowa. They held a notable council with the Indians near the north-west corner of the present county of Pottawattamie, and named the great bluffs of the Missouri river at that point Council Bluffs. This name has been transferred since that time to the City of Council Bluffs, the county seat of the county. The purpose of this council was to inform the Indians of the new government that now claimed control of the 30 HISTORY OF IOWA country, and thus endeavor to establish peaceful rela- tions with them. During their sojourn in Iowa, one of their men, Sergeant Floyd, died, and was buried on the bluff of the Missouri, near the mouth of the Sioux River. It has ever since been known as Floyd’s Bluff, and a small river near by has been called Floyd river. 5 . The Expedition of Major Pike. — In the autumn of 1805, Major Zebulon M. Pike, a skillful mathemati- cian and linguist, appointed to conduct surveys of various parts of the newly acquired territory of Louis- iana, made an authorized official visit to the head waters of the Mississippi, and met the different Indian tribes in Iowa. He advised the Indians of the fact that the United States had acquired sovereignty over the country by the purchase of the rights of France, and that henceforth their dealings as tribes would be with the new government. The following year he was charged with the exploration of the interior of Louis- iana, in the course of which he discovered Pike’s Peak, in the Rocky Mountains, and reached the Rio Grande. He returned after numerous severe expe- riences, received the thanks of the government, pub- lished in 1810 an account of his expeditions, and finally became a brigadier-general in an expedition in 1813 against Canada and was killed in York, now Toronto. 6 . The Title to the Soil. — Omitting all consider- ations of the vested ownership of the original inhabi- tant, the Indian tribes, it will be of interest to glance at the various changes of ownership through which the soil of Iowa has passed since this State was known to history. THE BEGINNINGS OF GOVERNMENT 31 1. So far as the history of the discovery and explor- ation is concerned, Iowa first belonged to France, since Marquette and Joliet, as already mentioned, were here May 13, 1673. Civilized nations conceded this claim, on the right of discovery, and France held possession until 1763, when, by secret treaty, this State, with other large portions of territory, known and unknown at that time, was ceded to Spain. This treaty was not made known until a year and a half after it was signed, and Spain did not obtain posses- sion until 1769. By the treaty with Great Britain, in 1783, the United States was placed in possession of the east bank of the Mississippi river, except the part near its mouth. 2. Spanish control and authority prevailed in all this vast domain west of the Mississippi river, until October 1, 1800, when it was ceded by Spain to France, coming thus under the control of the revo- lutionary French government and the power of Napo- leon Bonaparte. 3. April 30, 1803, Napoleon Bonaparte, being at war with almost all Europe, sold Louisiana to the United States to prevent it from falling into the hands of Great Britain, for the sum of $15,000,000. The province which thus came into the possession of the United States, was of vast though ill-defined territorial extent. 4. October 31, 1803, a temporary government was authorized by Congress for the newly acquired territory, but in reality no government existed except in name, as the French governor still remained in power at the request and by the authority of the United States. 32 HISTORY OF IOWA 5. March 26, 1804, Congress provided that Upper Louisiana, that part of the whole province north of the thirty-third parallel, consisting now of Arkansas, Missouri, Iowa, and Southern Minnesota, should be organized into a court district and attached to the territory of Indiana for governmental and judicial purposes. From this came the term “ District of Louisiana,” that occurs in the early history of all this part of the United States. 6. March 3, 1805, Iowa was included as a part of the Territory of Louisiana, with the capital at St. Louis. 7. The part of the Louisiana Purchase now known as Louisiana became Orleans Territory. 8. June 4, 1812, Iowa was embraced in what wasthen organized as the Territory of Missouri. 9 - July 19. 1820, Missouri became a State, and Iowa with other territory was detached and forgotten, and remained a country without a government, either political or judicial, until June 28, 1834, when the abuses of outlawry and crime became so prominent and so serious that, as a means of redress and correc- tion, it was included in the Territory of Michigan. During all these years, it is probable that the only civil law in force in Iowa was the provision of the Missouri Act, which prohibited slavery and involuntary servitude in the territories of the United States north of thirty-six degrees, thirty minutes, north lati- tude. 10. July 30, 1836, Iowa became a part of the newly organized Territory of Wisconsin, composed of the present States of Wisconsin, Iowa, and Minnesota, and the eastern part of North and South Dakota. THE BEGINNINGS OF GOVERNMENT 33 1 1. July 12, 1838, the Territory of Iowa was organ- ized, including also the present State of Minnesota and parts of North and South Dakota. 12. December 28, 1846, Iowa was admitted into the Union as a State. 7 . The First White Settler. — In 1788, the first white man settled within the present limits of the State of Iowa. This was just one year after the famous “ Ordinance of 1787,” whose promise of liberty, freedom, and education exerted such a great influence upon the great Northwest. Julien Dubuque, this first white settler, was a Frenchman, a native of Canada, and, previous to this, a resident of Prairie du Chien, where Fort Crawford was located and where a trading post had already been established. Septem- ber 22, 1788, Dubuque purchased from Blondeau and other chiefs of the Fox Indians the right to occupy a tract of land covering the site of the present city of Dubuque. In 1796, the Spanish governor, residing at New Orleans, confirmed this grant and thus estab- lished the title in a civilized way. Dubuque operated the lead mines found here for several years, and had in his employ ten white miners. With the assistance of two of them, he laid out a village and planned for the future of his settlement. 8 . Miner of the Mines of Spain. — Dubuque was a prominent man of adventure and business in his time in this frontier town. He called the tract of land by the name “ Mines of Spain,” as a compliment to the Spanish governor who had granted him privi- leges and business favors. He married a Fox Indian squaw, Potosa by name, and so prospered in his busi- 34 HISTORY OF IOWA ness pursuits as to be the wealthiest and the most influential citizen of his time in Iowa. He died in 1810 as a victim of his own vices, and was buried in the high bluff overlooking the Mississippi river, at the mouth of Catfish creek, a mile or more below the present city of Dubuque. A leaden coffin was made to hold his remains, and a vault was constructed of roughly dressed lime stones taken from the edge of the bluff, only a few feet distant from the site of the grave. Over the grave was erected a cedar cross hewn square and about twelve feet high. On the arms of the cross was inscribed in French the follow- ing : “ Julien Dubuque, Miner of the Mines of Spain. Died March 24, 1810, aged 45 and a half years. ” The grant of land thus confirmed to Dubuque by the Spanish authorities was afterward contested in the United States courts, and the decision reached, after a full and careful investigation, was that the title claimed by Dubuque as conferred by the Indians was merely a lease or permit to work the mines, and that the title to the lands themselves was in the United States and the purchasers from the land offices of the United States (16 Howard Rep. 224). 9 . Other Early White Settlers. — In 1795, the Lieutenant-Governor of Upper Louisiana granted Basil Girard, a Frenchman, a tract of land amounting to 5,000 acres. This tract was located in Clayton county, and was called the “ Girard Tract.” Girard occupied this land with others under the Spanish, French, and American governments, and was finally granted a patent in his own right by the land office of the United States. The oldest legal title to land in THE BEGINNINGS OF GOVERNMENT 35 Iowa is that of the site of Montrose, Lee county. March 30, 1799, Louis Honore-Tesson obtained from the acting governor of Upper Louisiana, “a permit to establish himself at the head of the lower rapids for commerce in peltries and to watch the Indians, and keep them in fidelity, which they owe His Majesty/’ Here he took immediate possession, planted an orchard of apple trees, built a cabin and kept control until 1805, when the property passed to Thomas F. Roddick, whose heirs were confirmed in the original title by the United States Supreme Court in 1839 (14 Howard Rep. 513), as the owners of one mile square of the original league of land. QUESTIONS AND TOPICS. 1. Give the origin and the development of the word Iowa. 2. Give an account of Marquette, Joliet, Hennepin, and La Salle. 3. Origin and application of the term Louisiana. 4. What was the object of the numerous govern- ment expeditions sent into the unsettled part of the country ? 5. What nations and States have had control of Iowa soil ? 6. What was the Louisiana purchase ? 7. What was the ‘ 'Ordinance of 1787 ” ? 8. What is a title to land ? What is a ‘ ‘grant of land”? CHAPTER II THE ORIGINAL INHABITANTS I O. The Indians. — The original inhabitants of Iowa, at the coming of the white man, were the In- dians known in history by the tribal names of Sioux, Sac, Fox, and Iowa. There were other minor tribes, but these were the strongest, the most contentious over their rights of ownership, and therefore in history the best known. By repeated treaties, the United States extinguished their titles to the lands they occupied and removed them further westward, until in 1870 there were but four hundred and sixty-six Indians remaining in the whole State of Iowa. These tribes were divided into clans or families, and usually selected the name of some animal as their family type or'characteristic des- ignation. Hence the names Eagle, Pigeon, Wolf, Bear, Elk, Beaver, Snake, etc., were thus applied. The number of clans in a tribe was an even number, eight in the Fox tribe, twelve in the Sac tribe. These clans were made up of lodges, each lodge consisting of one family. The husbands of a clan were all known as brothers, the wives as sisters, and the children rec- ognized each of the brothers as father and each of the sisters as mother; hence there were no cousins, nephews or nieces known among them. These several clans or families were also accustomed to have pecu- liar ways of cutting their hair so as to designate to which one of these families they belonged. Over 36 THE ORIGINAL INHABITANTS 37 tribes chiefs were placed; sometimes hereditary, some- times by election, as braves who distinguished them- selves in war were made war chiefs, and thus it hap- pened that there were often two or more chiefs in the same tribe. The more prominent chiefs of these sev- eral tribes have left their names on the map of the State as Black Hawk, Keokuk, Tama, Mahaska, Waukon, Osceola, Decorah, Winneshiek, Wapello, Appanoose and Poweshiek. The tribal names are rep- resented by Sioux, Winnebago, Sac, Iowa, Fox, Osage, Pottawattamie, Cherokee, and Chickasaw. Other names derived from the Indians are Anamosa, Monona, Okoboji, Pocahontas, Oskaloosa, and Ottumwa. I I . The Government and the Indians. — There were many treaties with these Indians from time to time after the organization of the United States gov- ernment. As years went by, the White man time and again desired to encroach upon the hunting grounds of the Red man, and hence induced his government to change its demands and modify greatly its treaties. It was always the strong dictating to the weak, and every time the White man had his way and the Red man was required to move on to a new and undesired home. From the most early beginnings, the United States legally treated the Indians as the owners of the soil, and conducted its affairs as if it was necessary to purchase these lands at a price satisfactory to the original owners. With these business dealings, came treaties that governed them, and also promises of future guar- antees and protection. Notwithstanding the good faith of the government was pledged at these treaty- making meetings never to molest the Indians in their HISTORY OF IOWA newly-assigned homes, yet the advance of civilization constantly encroached upon the natives and the White man again and again demanded a revision of these treaties and a surrender of their possessions, whether willing or not. As a result of this policy and the violation of the treaties upon the part of the United States, there was little faith between the settlers and the natives, and a constant border warfare has been the history of frontier life. 12 . Treaties with the Indians. — i. The first treaty made by the government of the United States with the Indians of this part of the Northwest was conducted by Arthur St. Clair, Governor of the Territory northwest of the Ohio river. At this treaty meeting, which oc- curred January 9, 1789, there were two chiefs of the Sac Indians. The principal object of this treaty was to territorial seal of north- ma k e peace and friendship WEST TERRITORY. , , , ... between the several tribes, and to establish the boundary lines between the United States and the Indians. 2. After the settlement of Kentucky and Ohio had progressed far enough to make the Mississippi river very desirable for navigation, and when the French and Spanish interests in the Mississippi Valley passed into the control of the United States by purchase, a movement was at once begun to get new treaties with the Indians. In November, 1804, William Henry Har- THE ORIGINAL INHABITANTS 39 rison, then Governor of Indiana Territory, undertook the business at the direction of President Thomas Jef- ferson, and met the chiefs of all the tribes interested at St. Louis. He succeeded in securing a treaty that surrendered all the land east of the Mississippi river and a large tract on the west in Missouri, for which the Indians were to receive $2,234.50 in goods and $1,000 annuity thereafter. At the same time the United States promised never again to interrupt the Indians in the possession of their land now rightfully held by them, and to protect them in the enjoyment of the same. 3. Notwithstanding these pledges, in 1808 the gov- ernment erected Fort Madison on the Indian land on the west bank of the Mississippi river, and forcibly and openly took possession. The Iowa town of that name still marks the place of treachery and bad faith where this fort was established. The Indians were very greatly dissatisfied with this act, and never again be- lieved the professions of friendship on the part of the officers of the government. Considering this act as nullifying the treaty, the Indians even denied that their lands east of the Mississippi river were ever legally ceded. The mistakes of government officials and the sharp tricks of traders and frontiersmen, as well as the apparent lack of fidelity of the government, so alien- ated the different Indian tribes that the Black Hawk War was provoked, and most of the Iowa tribes were in sympathy with the uprising of the Indians and aided in the hostilities. 4. On the 15th of April, 1832, General Winfield Scott made a treaty with the Sacs and Foxes at the 40 HISTORY OF IOWA present site of Davenport, by which a small strip of land in Iowa, called the Black Hawk Purchase, was released to the United States for settlement. This included 6,000,000 acres of very valuable farming land, constituting the eastern portion of the present State of Iowa. In June, 1833, the Indians peaceably removed from these lands, and gave the white people charge of their much-loved childhood home. Again in 1837, the chief Keokuk and his associates made another treaty and ceded a smaller tract to the settlers for occupation; and in 1842, Governor Chambers, of Iowa Territory, made a final treaty with the Sacs and Foxes, whereby all their claims to lands in Iowa were sold to the General Government. Thus is given briefly the history of the dispossession of the aborigines of their lands and the acquirement of the title by the people of the United States. 5. In June, 1846, the Pottawattamies relinquished their reservation and crossed the Missouri river, and in July 23, 1851, the Sioux Indians sold their lands and agreed to yield possession in two years, and the title to all Iowa lands was established in the govern- ment of the United States. 13 . The Half-Breed Tract. — From 1834 to 1837, the government had a camp established at Montrose, on the Mississippi, which was called Camp Des Moines. At the foot of the Rapids was an old trading house, afterwards known as “ Rat Row,” and two or three old cabins. This was known as the point after- wards named for Keokuk, the eloquent old chief of the Sac tribe. The first settlers here were engaged chiefly in ‘ 4 lighting and towing freights ’ ’ over the THE ORIGINAL INHABITANTS 41 Des Moines rapids. In a treaty made with the Sac and Fox Indians in 1824, there was reserved for the use of the half breeds of their tribes, in the south part of what was afterward Lee county, a very valu- able tract of land, containing about one hundred and thirteen thousand acres. By an Act of Congress, approved June 13, 1834, the Government released to these half breeds, as tenants in common, the fee sim- ple title to these lands. The treaty with the Sac and Fox Indians did not fix either the names, number, or indentity of the persons for whom the reservation was made. Hence, here was a chance for speculation and fraud. The number who claimed to be half breeds was fraudulently increased and a com- pany was duly incorporated to buy up half-breed titles. 14 . Legal Efforts Regarding Titles. — The Terri- torial Legislature of Wisconsin, which held its session at Burlington, in 1838, passed a special act appoint- ing Edward Johnston, Thomas S. Wilson, and David Brigham commissioners to settle all rights to the property. Claimants to the " half-breed tract” should make proof of their titles, and the commission- ers should report their finding to the Territorial District Court. The court was authorized, after notice by publication, to enter a decree establishing titles. Before this work was completed, the next Legislature, January 25, 1839, repealed the law, but in the repeal- ing act authorized the commissioners to sue the owners of the Half-breed Tract for their services. This they did and Johnston and Brigham each recov- ered judgments against the "owners of the Half- 42 HISTORY OF IOWA breed Tract,” by that general name and description. Executions were issued on these judgments, and the tract was levied upon and sold at sheriff’s sale to Hugh T. Reid. The Supreme Territorial Court at one time held this title to be valid, and Reid nar- rowly escaped being a great landed proprietor. Mean- time the Territorial Legislature began to encourage settlements on the Half-breed Tract by legislative assurance to squatters, that, if all other titles should fail, possession should be not nine but ten points of the law. The very worst that a settler had to fear was, that improvements should be assessed by a jury of his peers, and that their value thus ascer- tained should be a lien on the land. 8 5 . Final Settlement of the Case. — In 1840, a suit in partition was begun in the Territorial Courts in the name of Josiah Spaulding and twenty-two other purchasers from some of the half-breeds against ‘ * the known and unknown owners of shares in the Half- breed Tract.” Service was made by publication. Commissioners were appointed by the court, who divided the tract into one hundred and one shares, of which forty-one were claimed by a New York Com- pany as assignees. The title under this decree of par- tition, after years of litigation, was finally established and quieted. These complications also became polit- ical, and in the fall of 1836, when the question of a separate Territorial organization for Iowa was agitated, a public meeting was held six miles west of Keokuk, at which many thought that the Half-breed Tract could not be included in any other organization, and those assembled seriously contemplated starting an inde- THE ORIGINAL INHABITANTS 43 pendent government. But after several orators pres- ent had successively mounted the head of a whiskey barrel, and exhausted their eloquence in debating the question, the interested squatter-residents became con- vinced that the reservation was still within the juris- diction of the government of the United States and that they still owed it their allegiance. QUESTIONS AND TOPICS. 1. What is a tribe of Indians? Why are they called original people ? 2. What are the characteristics of government among the Indians? 3. What is a treaty ? In what way did the United States deal with the Indians ? Why were the guaran- tees of the Government not kept ? 4. What was the Northwest Territory ? What were the special points in its organization worthy of special remembrance ? 5. What is meant by the phrase “ tenants in com- mon 99 ? Why was there so much difficulty concern- ing the Half-breed Tract ? Why did it become after- ward such a political factor ? CHAPTER III IOWA territory: 1838-1840 16 . The Organic Act. — On the 12th. of June, 1838, Congress passed an act providing “that from and after the 3d. day of July next, all that part of the Territory of Wisconsin that lies west of the Mississippi river, and west of a line drawn due north from the head waters or sources of the Mississippi to the terri- torial line, was for temporary purposes constituted a separate Territorial government and called Iowa.” Provision was made for the President of the United States, by and with the advice of the Senate, to appoint a governor, a secretary, a chief justice, two associate justices, a United States attorney, and a marshal, to take charge of this new Territory and see that law and order prevailed within its borders. This act appropriated $5,000 for a public library and $20,- 000 for the erection of public buildings. I 7. The Power of the Governor. — The governor was appointed for three years, and the other officers for four years. The governor was required to reside in the Territory, was commander-in-chief of the militia, and was required to perform the duties of superin- tendent of Indian affairs — not a small task at that time. All laws passed by the legislature were to be approved by him before they should take effect, and he was invested with the power to grant pardons for all offences that were committed under Territorial law. 44 IOWA TERRITORY 45 He was also granted large discretion and authority in the determining of local officers, as the organic act states, he was to “ nominate, and by and with the advice and consent of the legislative council, appoint all judicial officers, justices of the peace, sheriffs, and all militia officers except those of the staff, and all civil officers not provided for by the organic act.” 18. The Judicial Power. — It was also provided that the Territory should be divided into three judicial districts, and the governor had the right to define the judicial districts of the Territory, and assign the judges appointed to the several districts of the Territory, and appoint the time for holding courts in the several counties, until otherwise provided by the legislature. Each judge was required to live in and hold the courts of his own district, and the three judges were required to meet at the seat of government once a year and together hold a supreme court. This act also provided for a Territorial legislature consisting of a council and a house of representatives, the former consisting of thirteen and the latter of twenty-six members, elected by the people. 19. The First Governor. — Robert Lucas, form- erly Governor of Ohio, was selected by the President to be the first chief executive and undertake all these many duties. He proved to be a very wise selection, and used his power, so liberally conferred, with good judgment and with benefit to the future common- wealth. He at once caused a census to be taken, apportioned the members of the legislature between the counties and issued a proclamation for an election of delegates to Congress and members of the legislature. 46 HISTORY OF IOWA He established the temporary seat of Territorial gov- ernment at Burlington, and convened there the first Legislature of Iowa on the 12th of November, 1838. The patronage of the governor at the first or- ganization of the Ter- ritory was very large, and he was thus en- abled to exert a great influence in public af- airs. It was very for- tunate that a man of such character, wis- dom, and good inten- tions was appointed to this important office, but it was inevitable that very soon such power would be re- sisted and a change demanded that would reduce the governor’s office to executive duties, and leave to the people the selection of all their rulers, great and small. 20 . The First Legislature. — The first legislature was mostly composed of young, enterprising men, many of them afterwards becoming prominent people in the history of the State; but, as it happened, their principal business consisted in controversy with the Governor and the other officers appointed by the United States government. The first legislative acts were the granting of charters to the cities of Daven- port and Muscatine, and the giving away of many exclusive privileges to private individuals. Some of ROBERT LUCAS. IOWA TERRITORY 47 these privileges afterward became very profitable to the proprietors, and likewise very onerous and injurious to the people. This was particularly true with ferry charters, which gave authority and control to private individuals to such an extent as to be the source of much complaint and not a little politics. This Legis- lature also provided for the erection of a penitentiary at Fort Madison, and a Capitol building to be located in Johnson county on a suitable site to be selected by three commissioners appointed by the legislature. This place, when selected, surveyed, and platted, was to be called Iowa City, and was to be the permanent capital. 2 1 . Controversy with the Governor. — This first Legislature very bitterly disagreed with the governor respecting the meaning of the organic act, which defined the respective powers of the governor and the legislature. This disagreement was much intensified by some trifling and witty communications made by the secretary of the Territory in reply to a request of the legislature for certain stationery and other sup- plies that the members deemed necessary for the transaction of the regular official business of the session. As a consequence of these differences of opinion as to the legal prerogatives of the executive and the legislative departments, the Governor became prejudiced in feeling and was less disposed to yield his official opinion as to Authority and rights than he otherwise would have been, and hence very lit- tle effective business was possible, since controversy absorbed the time and attention of the members. The Governor’s veto being absolute, he used it so effect- 48 HISTORY OF IOWA ively as entirely to annul all acts of the Legislature that did not personally appeal to him as being for the best interests or even as not being put in the best way as to language. 22 . Opinion of the Legislature. — The Legislature claimed that he exceeded his authority, and that the words in the organic act : ‘ 4 shall approve all laws passed by the legislative assembly before they take effect, ’ ’ should be interpreted to mean that it was the imperative duty of the Governor to approve all acts passed by the Legislature of the Territory, and therefore the mere fact of the governor vetoing them, or even withholding his approval, did not prevent the acts of the legislature becoming laws. This little history needs to be kept in mind, because since this struggle was ended, the Governor of Iowa has rarely used the veto for the purpose of checking the. will of the Legislative Assembly, and asserting thereby his own judgment and will in thwarting legislation, but has usually left the responsibility of the wisdom of such laws to rest upon the Legislature who were thus accountable to the peo- ple who elected them. But the action of the members of the first legislature, their interpretations of the organic law, and their abuse of authority as represented by the governor, did not intimidate Governor Lucas or change his mind in the least in the discharge of his duties as he understood them. He was of such per- sonal character that he proposed to do what he sup- posed was right, and let the future citizen and historian judge of the wisdom of his official course. 23 . The Appeal to Higher Power. — When the legislature found that threats, abuse, resolutions, and IOWA TERRITORY 49 arguments did not move him, the next attempt was to remove him from office, and a memorial was sent to the President of the United States declaring his unfit- ness and stubbornness, as well as his arbitrariness and usurpations, and praying, in the strongest terms for his immediate and unconditional removal from office. President Van Buren did not approve of the demand from the Legislature, and hence Governor Lucas remained in office until there was a change in the administration of the Federal government. The diffi- culties that had arisen between the Governor and the Legislature, and the very frequent use of the absolute veto power by the governor, attracted the attention of Congress, and some amendments were made to the organic law permitting the legislature to pass a measure over the governor’s veto by a two-thirds vote, and also authorizing the legislature to pass laws permitting the people to elect all their local officers thus far appointed by the governor. 24 . The Second Legislature. — As a consequence of the large controversy that had occurred at the session of the first legislature, the issue of the next election was the curtailing the power of the governor and the increasing the power of the people and their representatives, the members of the legislature. “ Home rule ” was a doctrine on these prairies, and tyranny and dictatorships were condemned as out of conformity with American institutions. Hence, with the coming together of- the second legislature, there was no delay in taking advantage of the act of Con- gress. The first thing done was to provide for the people electing all their officials, and since that time 5 ° HISTORY OF IOWA the governor’s appointing power has been small indeed, and the feeling then aroused was of such power that the people are still jealous of their rights as electors in choosing officers, even if such method of public election is in some cases not considered best. This is so far true, that the people are even now in favor of electing United States senators at a general election, did the United States constitution and laws permit. The Extra Sessions of the Legislature. — Under Territorial or- ganizations, the legislative assembly met annually in regular session to transact such business as the needs of the growing population might demand. There were two extra sessions called during Terri- torial times, both being provided for by acts of the assembly approved by the governor. One of these occurred in November, 1840, and the other in June, 1844. Both of these occurred for the purpose of redistrictng the Territory so as better to apportion the members of the council and the house of representatives among the several coun- ties of the Territory, and also to take steps for a constitutional conven- tion, as statehood was recommended by the governor. In Territorial days the census was taken quite frequently and at irregular times, and in both of these cases there seemed to be a necessity to reappor- tion before the next assembly was chosen. There were, therefore, eight regular sessions of the Territorial legislative assembly from 1838 to 1846. 25 . The Boundary Dispute with Missouri. — During this time the boundary line between Missouri and Iowa became a point of contest between the authorities of the State of Missouri and of the Territory of Iowa. On the i8th of June, 1838, Congress took steps to settle the growing controversy by passing a law to have the southern boundary of Iowa ascertained and marked. This act provided for a boundary com- missioner from each commonwealth, and one from the United States. Missouri declined to be repre- IOWA TERRITORY 51 sented upon this commission, and attempted to exer- cise jurisdiction north of the Indian Boundary Line, surveyed and marked in 1816 by John C. Sullivan, by direction of the surveyor-general of the United States, and up to this time accepted as the regularly author- ized boundary line between Iowa and Missouri. The attempt to collect taxes north of this line in Van Buren county, by the sheriff of Clark county, Mis- souri, precipitated the conflict. Immediately the Iowa authorities proposed to leave the adjustment of the controversy to Congress, but the Missouri authori- ties proposed to assert the rights of the State by armed force. 26 . The Position Taken by Iowa. — Governor Lucas met this proposition by a rejoinder that this was not a controversy between a State and a Territory, but between Missouri and the United States, and, as a representative of the latter, he would hold pos- session at all hazards of all territory north of the Sullivan boundary line, and see to it that citizens of the United States were protected in their rights, and the laws faithfully and fully executed. To this end he called out the militia of the Territory to aid the civil authorities in the enforcement of law and order. Proclamations were issued by both governors, and war seemed to be promised in case of an invasion of Iowa by the Missouri militia; and anyone acquainted with the character of Governor Lucas could understand with what kind of a person the Missouri claimants had to deal, and that he would have done his very best to carry out his proclamation. Seeing the firm stand taken by Iowa, and surprised at the position of 52 HISTORY OF IOWA defense assumed, the Missouri authorities allowed the whole matter to be referred to the United States Supreme Court, by whose decision all the territory claimed by Iowa was approved December, 1848, prov- ing the justice and the merit of the claim established and maintained by Iowa’s first governor. 27 . A Change in Administration. — The year 1 840 was a time of great political excitement in the United States over the election of President; even the Territory of Iowa was much aroused and large interest was the consequence. The Democratic party had been in control of the general government for the past twelve years, and, by virtue of custom and the “spoils system,” members of that party held all the ap- pointive officers of the Nation. Governor Lucas and all his associates were therefore Democrats, and, with a change in the National government by the election of William Henry Harrison as President and John Tyler as Vice-president, a general change came in all the offices, from secretary of state in the Presi- dent’s cabinet to the smallest cross-road postmaster. Although President Harrison had determined to re- move Governor Lucas and his associates, and had decided to appoint John Chambers, of Kentucky, as Governor of Iowa Territory, yet his sudden death brought John Tyler to the presidency, and he ap- pointed Chambers as governor, March 25, 1841. He entered upon his duties May 13, 1841. 28 . The Seat of Government Moved. — On the 30th day of April, 1841, Governor Lucas issued a proclamation changing the capital from Burlington to Iowa City, and convening the legislature on the first IOWA TERRITORY 53 Monday of December, 1841. Governor Chambers accepted this conclusion, and moved the seat of govern- ment to the temporary capitol building provided by the citizens of Iowa City, until the permanent build- ings being erected should be completed. Thus Iowa City became the permanent capital of the Territory and the temporary capital of the State. 29 . The Land Claim Laws. — The United States ilas uniformly prevented the White man from invading *he Indian country and settling upon the lands pre- vious to the going into effect of a treaty. There was no attempt after that to exclude settlers, but no right nor title to lands was recognized as being able to be secured until the lands were surveyed and advertised for sale at public auction. A pre-emption or exclusive right to purchase public lands could not be acquired until after the lands had thus been offered and not sold for want of bidders. Then, and not until then, could an occupant, making improvements in good faith, acquire a right over others to enter the land at a min- imum price of $1.25 per acre. The claim laws were unknown to the United States statutes or courts. They originated in the eternal fitness of things, and were enforced, probably, as belonging to that class of natural rights not enumerated in the constitution and not impaired or disparaged by its enumeration. 30 . Organization of the Settlers. — The settlers organized in every settlement prior to the public-land sales, appointed officers, and adopted their own rules and regulations. Each man’s claim was duly ascer- tained and recorded by the secretary. It was the duty of all to attend the sales. The secretary bid off 54 HISTORY OF IOWA the land of each settler at $1.25 an acre. The others were there to see, first, that he did his duty and bid in the land, and, secondly, to see that no one else bid. This, of course, sometimes led to trouble, but it saved the excitement of competition and gave a formality and degree of order and regularity to the proceedings that would not otherwise have obtained. As far as practicable, the Territorial legislatures recognized the validity of these 4 "claims” upon the public lands, and in 1839 passed an act legalizing their sale and making their transfer a valid consideration to support a promise to pay for the same. (Acts of 1843, page 456.) The Supreme Territorial Court held this law valid. (1. Morris, 70.) It was not, therefore, a per- sonally safe business for speculators or new residents to attend the land sales and offer to bid in the lands offered at auction as the laws of the United States in- tended, and the original squatters obtained the lands thus purchased if they paid the nominal price of $1.25 allowed by law. However, many were never able to pay for their lands, and soon moved on to make new claims where the surveys were not yet completed. QUESTIONS AND TOPICS. 1. What is an organic act? Why was so much power granted the governor ? What is a city charter ? Why were ferry rights and other grants so injurious to the public ? 2. What was the final effect upon Iowa of this con- troversy with the governor ? What is 4 "Home Rule” ? 3. What is an extra session of the Legislature? How called ? 4. What is the effect of a change of President upon the territories and public offices ? CHAPTER IV STEPS TO STATEHOOD 31 . The Recommendation of the Governor. — Governor Lucas, in his message to the extra session of the legislature, in 1839, recommended that the neces- sary steps be taken to secure the admission of the Ter- ritory to the Union as a State. This opinion was ap- proved by a majority of that legislature, and in July, 1840, an act was passed, providing for a popular ex- pression on the desirability of this step. At the Octo- ber elections of that year, a vote was taken on the pro- position, resulting in the people rejecting it by a large majority. The issue turned mainly on the point of expense, it being supposed that a State government would be more costly to the citizens, since the Terri- torial government was in part maintained by the Gen- eral government. At the next session of the legisla- ture, in 1841-42, a similar act was passed, and this again was rejected by the people at the succeeding August election. Another legislative act of the same nature was passed February 12, 1844, submitting the question to the people at the ensuing April election. This time the proposition was received with less op- position, and a majority vote favored a constitutional convention and the preparing of the Territory for ap- plication to be admitted to the Union. 32 . The First Constitutional Convention. — In pursuance of the settled policy to seek statehood, del- 55 56 HISTORY OF IOWA egates to a constitutional convention were elected in August, and the convention assembled in Iowa City, October 7, 1 844. This convention agreed upon a con- stitution, and submitted the same to Congress for ap- proval. This was at a time when there was much controversy in the United States Congress over the admission of States to the Union, since every new State was likely to disturb the balance of power that existed between the North and the South, between slave States and free States. The admission of Iowa was therefore resisted by the South because it would become a free State; besides the proposed area was too large to suit certain congressmen from the North who were desirous of making as many free States as possible, which would soon give to the free States the control of the United States Senate, and thus restrict the slave power of the South. Through these two causes the action of Con- gress was delayed until March 3, 1845, when a com- promise was made and a joint bill passed admitting Florida in the South and Iowa in the North. The act as passed modified the boundaries of the State of Iowa sub- mitted by the first constitutional convention, and again aroused controversies that delayed the actual admis- sion of Iowa to the Union until December 28, 1846. 33 . The Iowa Boundary Question. — The boun- daries of the proposed new State of Iowa as adopted by the first constitutional convention, were as follows: 4 ‘ Beginning in the middle of the main channel of the Mississippi river opposite the mouth of the Des Moines river; thence up the said river Des Moines, in the mid- dle of the main channel thereof, to a point where it is intersected by the 'Old Indian Boundary Line,’ or STEPS TO STATEHOOD 57 the line run by John C. Sullivan in the year 1816; thence westwardly along said line to the ‘ Old North- west Corner of Missouri ; 9 thence due west to the middle of the main channel of Missouri river; thence up the middle of main channel of the river last men- tioned to the mouth of the Sioux or Calumet river; thence in a direct line to the middle of the main chan- nel of the St. Peter’s (Minnesota) river, where the Watonwan river (according to Nicollet’s map) enters the same; thence down the middle of the main chan- nel of said river to the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said river to the place of beginning.” ' 34 . The Act of Congress. — The change made by Congress curtailed the proposed constitutional terri- tory on the west by selecting the meridian drawn seventeen degrees and thirty minutes west of the meri- dian of Washington, as the western boundary, and leaving the others as already determined. This gave a boundary that would be located now very near the present boundary between Ringgold and Taylor coun- ties on the south and Kossuth and Emmet counties on the north. 35 . The View of the People. — The constitution as amended by Congress was voted upon by the peo- ple at the following April election. The party con- troversy became most intense and the boundary question was the principal discussion, though there were other parts of the constitution that were regarded as objectionable to large numbers of electors. The Whigs mainly insisted on rejecting statehood under these conditions; and the Democrats asserted that a 5 » HISTORY OF IOWA change of boundaries to suit the Iowa people would not be conceded by Congress, and that the people should be satisfied with the very reasonable reduction in the area of the State that had been made. Despite the arguments and the efforts of the dominant party, the Democrats, to support the measure, the people rejected the constitution by a large and decisive ma- jority, and, for the present, statehood plans were sup- posed to be at an end. 36 . The Second Attempt. — However, the Demo- crats still had control of the legislature, and the reaction against statehood being supposed to have sub- sided, they again in May, 1845, resubmitted the same constitution to the people at the August election. The governor, a Whig, vetoed this measure, but the act was quickly passed over his veto and the campaign was renewed in all its intensity. The Democrats again favored acceptance and, the Whigs again opposed, claiming that a new constitutional convention was a necessity. When the vote was counted, the proposed constitution was again rejected by a decisive majority. The friends of statehood were therefore compelled to call a new convention, as the politicians of national prominence were so anxiously waiting for the offices of the new state that the question could not be dropped from public attention. 37 . Other Constitutional Questions. — Although the boundary question was the most prominent in the party controversies concerning statehood in 1845, yet there were other points in the constitution that were in part the cause of its rejection. By the constitution of 1844, all incorporations of any kind were dis- STEPS TO STATEHOOD 59 couraged and almost prohibited. Their existence was limited to twenty years, all the property of the indi- vidual members of a corporation was liable for its debts. The legislature had the power to repeal any law that authorized corporations and close up their business at any time. In addition it was stated that ‘ ‘ the property of the inhabitants of the State shall never be used by any incorporated company without the consent of the owner.” There were to be no banks without consent of the people, and the legisla- ture could not create a banking institution nor grant banking privileges unless the charter and all its provi- sions were submitted to the vote of the people at a gen- eral election. This was a plan to have a State bank with branches, if ever anything was to be done. A large number of the business men of the Territory considered these constitutional provisions too sweeping and too much opposed to business development and prosperity, and hence they also opposed with all their power a constitution that assumed that corporations, banking, and internal improvements, only possible by combinations of capital, were an evil, were bad public policy, and were therefore to be prohibited. 38 . The Opposition to Banks and Corporations. — The constitution of 1 844 was in harmony with the views of the people of the Territory on the question of banks and other corporations. The Miner’s Bank at Dubuque had provoked a great deal of opposition, and the Territorial legislature had compelled it to close up its business by repealing its charter, May 14, 1845, at a time when the Territory was its debtor for con- siderable amount of borrowed money. Hostility was 6o HISTORY OF IOWA greatly increased by the people being swindled by numerous irresponsible and fraudulent corporations. The Democratic party was the supporter of all this opposition to banks and other corporations, and, being in the place of authority, was able to dictate the policy of the constitution. The same ideas prevailed in the constitution of 1846. This one principle of govern- ment alone prevented internal improvements such as only incorporated companies could undertake, and finally led to a third constitutional convention in 1857 that was more moderate in these particulars, and that provided means for such organizations of capital, with restrictions and liabilities, that business men and cap- italists would be willing to organize banks and other corporations. 39 . The Second Constitutional Convention. — The constitution of 1844 having been twice rejected by the Iowa people at the polls, it became necessary to bring about some compromise that would be accept- able alike to the people of the Territory and the Con- gress of the United States. It was evident from the debate in Congress at the time of the vote to admit Iowa, March 3, 1845, that Congress would never con- sent to admit the Territory as a State with such a large area, and it was also evident that the people of Iowa were united on the point that the western boundary must be the Missouri river. In 1845 great navigable rivers were of large importance in commerce, and to have on the borders of a State two such rivers as the Mississippi and the Missouri was considered as posi- tively determining the future commercial prosperity of its people. Today, while great water-ways are still STEPS TO STATEHOOD 61 valuable, yet, since the advent of railways, they do not have the importance that belonged to them at the time under consideration. To adjust these matters, and get the question again before Congress, the legis- lature provided for a second constitutional convention, to meet at Iowa City, May 4, 1846. 40 . The Result of the Work. — This convention assembled at the appointed time and rapidly com- pleted its work, as it readopted the most of the consti- tution of 1844. It took positive action against banks by prohibiting them altogether, and it modified the former proposition regarding corporations by prohibit- ing the legislature organizing any corporation by special acts, but authorizing general laws to be passed that would permit necessary and beneficial corpora- tions to be organized and conducted. The boundary dispute was compromised by placing the western boundary at the Missouri and the northern boundary at the parallel of north latitude forty-three degrees, thirty minutes. This convention completed its assigned duty, May 19, 1846, its work was approved by the people at a popular election, August 3, 1846, the change in boundaries was accepted by Congress, August 4, 1846, and Congress admitted the Territory of Iowa with the new boundaries as a State, December 28, 1846, thus closing one of the most memorable contests of its kind that ever occurred in the history of the United States of America. 41 . The Hard Times. — The financial trouble of 1837, which produced financial ruin in older States, drove many families into the wilderness because they had not the means to pay for their lands. Following 62 HISTORY OF IOWA the wake of the settler was the army of money lend- ers, who knew no mercy nor limit except what they could get from desperate necessities. The legisla- ture of 1843 attempted to place a limit by fixing ten per cent, as the legal contract rate of interest. But it was easy to evade the law. There was nothing to compel the usurer to loan money at ten per cent. , nor was there anything to prevent his entering the land by the consent of the settler, with an agreement to con- vey it upon the payment of an amount of money equal to the entrance money and forty per cent. Neither was it easy for the settler to earn the money to redeem his land. However fertile the soil, how- ever industrious the toiler, yet without market for his produce it was hard to accumulate money. These were days of sadness and distress. Wheat was hauled one hundred miles and sold for thirty-seven and one- half cents per bushel, corn and oats brought six to ten cents a bushel, pork sold at one dollar per hundred, and the best horses sold for fifty dollars. Nearly all were in debt, and the sheriff and the constable were the most frequent visitors at almost every man’s door. It is not possible to do justice to the sacrifices and the hardships of these times. To develop a new country from a wilderness to a place for civilization is always hard enough under favorable conditions; but to expe- rience what the early Iowa settler was compelled to endure in these hard times must be left largely to the imagination of the reader, and then it is very doubtful whether his most pathetic conception can equal the sacrifices, the hardships, and the struggles of the first Iowa settlers. CHAPTER V THE DEMOCRATIC PERIOD OF STATE CONTROL: 1846-1854 42 . The First Steps. — After the people ratified the proposed constitution at a popular election and Congress had accepted the change in boundaries, ar- rangements began to be made to provide for a change from the Territorial to the State government. To ac- complish and have everything ready as soon as Con- gress should pass the act of admission as a State, Gov- ernor James Clark issued a proclamation stating the facts and appointing October 26, 1846, as the time to elect State officers and members of the general as- sembly. 43 . The Importance of the First State Election. — This was a most important and interesting election, because the recent political controversies had some- what unsettled the political parties, and because the coming general assembly would have the privilege of choosing the United States senators and three supreme judges; and the most prominent politicians of both the Whig and Democratic parties were anxious not only to secure these offices, but also to control the destinies of the young and prosperous State. The election returns proved that the Democrats were in the majority, not- withstanding the party controversies, and had elected the governor, Ansel Briggs, and other State officers; but there was still much cause for anxiety, because dis- sensions over local matters had deprived the dominant 63 64 HISTORY OF IOWA ANSEE BRIGGS, FIRST GOVERNOR OF THE STATE OF IOWA. THE DEMOCRATIC PERIOD OF STATE CONTROL 65 party of certain representatives that were essential to the election of United States senators and supreme judges, and had resulted in electing other persons, whose position on party questions was not certainly to be depended upon at the meeting of the General As- sembly. 44 . The First Deadlock. — Lee county broke the party traditions on local issues (on account of legal difficulties over the Half-breed Tract), and chose inde- pendent representatives, while the Democrats were outwitted by the Whigs in Des Moines county and de- feated at the polls. Shortly before the day of elec- tion, certain wealthy Whigs employed enough Demo- cratic voters and sent them out into the country, at extravagant wages, to drive hogs to market, a common occupation at that time, and although there were no hogs to bring in from the remote points to which they were sent, their absence gave the Whigs the majority, and they thus accomplished by stratagem what they were not able to secure at the polls with a full vote. These two events helped make the first political deadlock known to Iowa, and prevented the State of Iowa from having her lawful representatives in the United States Senate. 45 . The Balance of Power. — On the assembling of the members of the first State legislative body, cer- tain designing politicians, who were not directly iden- tified with either of the two great parties, became the balance of power between the opposing factions, and proposed to dictate the election of United States sena- tors and also supreme judges. Jonathan McCarty, a resident of the Half-breed Tract and a citizen of 66 HISTORY OF IOWA Lee county, had formerly been a Democratic repre- sentative in Congress from Indiana. Abandoning his party in the great political excitement of 1840, he be- came the head of the Whig electoral ticket of Indiana for General Harrison. The Whigs having fallen into minority in Indiana and McCarty having thus lost his influence he came to Iowa, and was ready to accom- modate his political creed to whatever party would promote his individual interests. Being elected from Lee county under these circumstances, he thought he saw a chance to be elected United States senator by the general assembly, and, having the support of those who controlled the balance of power, announced his candidacy. His ticket was derisively named the‘ ‘ pos- sum ticket, ” and the members who supported him were known as “ possum ” members. During the election- eering and political excitement connected with the pro- posed election of United States senators, a member, Nelson King, made the charge of an attempt to bribe him to secure his vote for the Democratic candidates, A. C. Dodge and J. C. Hall. 46 . The First Legislative Investigation. — This charge led to an extended investigation, in which noth- ing was satisfactorily proven, but on account of the tie between the Democrats and Whigs and the hostilities that thus were developed, no election resulted and the legislature adjourned, but not without having actually transacted business worthy of mention. Iowa was not represented in the Senate of the United States for the first two years of her statehood. After the adjournment of the general assembly, the gov- ernor appointed the judges of the supreme court, THE DEMOCRATIC PERIOD OF STATE CONTROL 67 and started, by so doing, this department of the State government. 47 . The Financial Condition. — The first General Assembly found the new State government in debt for Territorial expenditures by $26,000, and with no pro- vision for payment. The members of the constitu- tional convention had not been paid, and there was no money to pay the salaries of the new State officers or the General Assembly. To meet these emergencies, a loan of $50,000 was authorized, and at once half the possible constitutional indebtedness was contracted. By this means, the new State was started on the high road to honor and prosperity. 48 . The Temperance Movement. — At this time also great efforts were made throughout the State for temperance reform. Previous to this time, the coun- ties had been authorized to grant licenses for the re- tailing of intoxicating liquors. Petitions were sent to this first general assembly from every part of the State asking that some steps be taken to suppress intemper- ance. The reply to these petitions of the people by the Assembly was in the shape of an act requiring the voters, at the next April election, to express an opinion on the propriety and necessity of licensing retailers of intoxicating liquors. The result of this test of public sentiment proved that every county in the State but two was opposed to the licensing of liquor sellers. By this vote, as provided by the law, the liquor traffic was to be suppressed in the counties that voted against license. But the anticipated effect was not realized, much to the disappointment of the friends of temperance reform, as a surreptitious traffic 68 HISTORY OF IOWA sprang up that was difficult to stop, and, despite the large majority, the law began to grow unpopular and intemperance seemed to be continually increas- ing instead of being abolished, as the vote indicated. After various modifications, the struggle for law and order and temperance has been going on with the people of Iowa ever since these early days, as the majority of the voters have always desired the anni- hilation of the liquor traffic. 49 . School Legislation. — This general assembly also accomplished some school legislation, but through technical irregularities these laws were set aside by the supreme court. The provisions of the law included the election of superintendent of public instruction by the people on the first Monday of April, and also the election of school directors on the second Monday of April. To make this law immediately effective, the assembly provided that 4 ‘ this act shall take effect and be in force from and after its publication.” The con- stitution of the State said that ‘ ‘ no law of the general assembly of a public nature shall be in force until the same shall be published and circulated in the several counties of the State by authority. If the general as- sembly shall deem any law of immediate importance, it may provide that the same shall take effect by pub- lication in newspapers in the State. M Since the pub- lication clause of the act did not state that the act would go into effect by being published in the news- papers, the supreme court decided that the secretary of state had no authority to publish the act in the newspapers and then distribute it to the several coun- ties of the State, that there was therefore no law, and THE DEMOCRATIC PERIOD OF STATE CONTROL 69 that the school directors elected under said law were not authorized to act. 50 . The First Special Session. — The decision of the supreme court regarding the school laws provoked a large demand for something to be done by the State to make schools and education by public authority a legal possibility. To remedy this, the Governor was petitioned to call a special session of the General As- sembly. The Democratic politicians also desired a special session for another purpose, as they had reason to think that death had broken the deadlock, and that with the new member elected to fill the vacancy, they could now elect United States senators and supreme judges. Taking these two things together, Governor Briggs was easily induced to call a special session to begin the first Monday of January, 1848. So far as the election of United States senators and supreme judges was concerned, the plan of the Demo- crats failed, as the Whigs were able to prevent a joint convention being held, and hence official matters re- mained another year just as they were. At this sea- son, however, some legislation took place that had marked effect upon the future of the State. An act was passed providing for a revision of the laws of the State, and commissioners were appointed to revise and prepare a code of laws. From this came the first au- thorized collection of statutes, known as the “Code of 1851.” Extra sessions of the State legislature have occurred in 1848, 1856, 1861, 1862, 1897. These were called by the governor under the authority granted by the constitution. In 1873, an adjourned session of the general assembly occurred for the purpose of revising the code. The first extra session, held in 1848, was specially called to elect 76 HISTORY OF IOWA United States senators and State supreme judges. The second extra session of the assembly was called by Governor Grimes in 1856. It met July 2, and adjourned July 16. It was called for the purpose of disposing of the land grants made by the General government for railroad construction and development. The third extra session was called by Governor Kirkwood, May 15, 1861. It was called for the purpose of making provision for borrowing $800,000 for defense, and for raising regiments of soldiers for the Union army. The session lasted two weeks. The fourth extra session was called by Governor Kirkwood, Sep- tember 3, 1862, and adjourned in a week. The real object of this session was to provide means by which the Iowa soldier could cast his vote while he was at the front, assisting in putting down the Rebellion. The adjourned session of 1873 was not, technically speaking, an extra session, as it was not called by the governor. It met to codify the law, and gave to the State the Code of 1873. The fifth extra session was called by Governor Drake, January 19, 1897, for the purpose of revising the code and harmonizing the laws of the State, and of providing for the rebuilding of certain State institutions that had been burned, as well as providing a general law for such future contingencies and catastrophies. 5 I . Railroad Agitation and its Effect. — During this special session of the general assembly, the excite- ment concerning railroad enterprises struck Iowa, and the greatest interest and enthusiasm prevailed. A public convention was held at Iowa City, which was largely attended, considering the means of transporta- tion at that time. Two projected roads were consid- ered, one from Davenport via Iowa City to Des Moines and Council Bluffs, and another from Dubuque via Iowa City to Keokuk. To aid in these popular enterprises, the general assembly memorialized Con- gress for a grant of public lands, consisting of alter- nate sections for a distance of five miles on each side of the proposed railroads, to help develop and con- struct the roads. Those most active in the whole THE DEMOCRATIC PERIOD OF STATE CONTROL 7 1 matter at first were seeking political preferment rather than the building of railroads, and they took this plan to get the public attention to their large and disinter- ested motives, but they built better than they knew or intended, as the public mind was caught and aroused thereby, and railroad building became very soon ready for the projector, the capitalist, and the surveyor, and was closely followed by actual construction. 52. The Election of 1848. — The year 1848 gave Iowa plenty of political interest and activity. There were two elections, one in August to elect two mem- bers of Congress, the State officers, and the members of the legislature; and one in November to choose electors for President and Vice-president, Lewis Cass and Zachary Taylor being the National candidates of the democratic and whig parties. The contest was regarded as close, and both parties were awake to the necessities of the times. The ‘ deadlock * of the first General Assembly had intensified the strife, as it gave both parties a reasonable hope that effort might bring victory. Such being the case, no lack of enter- prise or enthusiasm was known to exist. Everything stopped that the canvass might be properly made and the issues properly discussed. 53. The Mormon Vote. — Just at this time there was a large settlement of Mormons who had taken up their residence in Iowa, outside of an authorized county. Their location was at Kanesville, now Coun- cil Bluffs. Their vote, being represented as from eight hundred to one thousand, was a matter of great consideration. On account of religious controversies, they had abandoned Illinois and had become in- 72 HISTORY OF IOWA different to politics, and desired to keep outside of the pale of modern civilization, with which they had so little in common. By their help, the Whigs could carry the first congressional district, and probably the State, and the election of Whig candidates in the west- ern part of the State would in all probability give the Whigs a majority in the legislature. There were per- sonal and religious reasons why the Mormons would be likely to support the Whig ticket, and hence this crisis of affairs greatly disturbed the Democrats. They had, however, control of the State government, and by that means delayed the organization of the new (Pottawat- tamie) county, to prevent such a possibility occurring. To meet this opposition to the carrying out of popular government, the Whigs had Monroe county organize a township at Kanesville for the assumed election of justices of the peace, and thus obtained the vote of that part of Iowa for the adherents to the Whig ticket. Greatly to their surprise, after victory was thus cer- tainly assured, the clerk of Monroe county declined to receive the poll books and returns from Kanesville on the ground that Monroe county had no right to organize the township, and the Mormon vote was not counted — thus making the Democratic party successful in electing the State, congressional, and electoral tickets. Great was the rejoicing over this narrow escape from defeat, and, through the act of this one officer, several names are now more prominent in Iowa political his- tory, while the clerk’s name and deed are practically forgotten. 54 . The Second General Assembly ( 1848 ). — The first act of the second general assembly was the THE DEMOCRATIC PERIOD OF STATE CONTROL 73 election of United States senators. December 2, 1848, Augustus C. Dodge, of Burlington, and George W. Jones, of Dubuque, were chosen to these most impor- tant positions. On the 26th of December, they took their seats in the United States Senate at Washington, D. C. In accordance with custom, they drew lots to see which one would have the long term and which one the short term. Senator Dodge drew the short term, expiring March 4, 1849. As soon as the gen- eral assembly learned this, a second joint convention was held, and Senator Dodge was re-elected for the coming six years without opposition. QUESTIONS AND TOPICS. 1 . How does a territory become a State ? What is a constitutional convention ? Rights of congress as to boundaries of new States ? Rights of the people as to admission to the Union? 2. Why were the people opposed to banks and cor- porations ? 3. What was the effect of the hard times ? 4. How is a State election conducted ! What were the great political parties at this time ? In what did they differ ? 5. What were the temperance views of the Iowa people at the beginning ? 6. Who were the Mormons ? Give a brief account of them ? CHAPTER VI THE TRANSITION PERIOD IN ORGANIZATION AND LEGIS- LATION: 1854-1857 55 . A Period of Organization. — The times rep- resented by 1848 to 1857 were devoted to the work of organizing, developing, and establishing the new State. These were great years for emigration. Large dele- gations from the States east as well as from foreign countries came and rapidly filled up the vacant prair- ies. These settlers were ambitious, enterprising, pro- gressive young people, anxious to make a place for themselves in the world, and ready to perform the necessary labor to accomplish the desired end. The constitution interfered with internal improvements by its restrictions concerning the organization and management of corporations, while the entire prohi- bition of banks gave the State a currency obtained from other States, that was as fradulent and as treacherous as anything could be. Iowa became the place in which to unload all this worthless currency of neighboring States, and there was no means of defense, as there were no banks of her own to which her citizens could come for relief. These days had been speculation-wild, and with the financial crisis of 1857, large numbers of the banks failed, and the holders of this worthless currency found themselves to be great losers. One other thing added to the general distress; there being no banks in the ordinary sense, and as the 74, THE TRANSITION PERIOD IN ORGANIZATION 75 people had to do business in some way, a large number of firms became in fact private banks, and had large credits from the people. With the stress of the times, these business houses were many of them compelled to close up and were bankrupt, so that very hard times came upon the people. 56 . The Economical Management of These Times. — The State government was started on an economical basis; no office-holder was privileged to get wealth at the expense of the people. The mem- bers of the general assembly received each two dollars a day for the first fifty days of the session, and one dollar a day thereafter. The sessions were to be biennial, not annual as in Territorial times. The salaries of the state officers were limited for the first ten years as follows: Governor, $1,000 per annum; secretary of state, $500; treasurer of state, $400; auditor of state, $600; judges of supreme court, $1,000 each. Judging from the history of these days and the talent that filled the public offices, there does not seem to have been any discouragement to the best talent seeking these positions. During the first ten years of the State’s history, none of these officers were ever known to receive bribes or to steal one dollar of the public money. At the time of the organization of the State, the population of the State was determined, by the census of 1847, have been 116,651. 57 . The Spirit of Speculation. — The result of so much land for purchase, and the proposed devel- opment of so many railroads, led to a spirit of speculation that was very prevalent in 1856. One 7 6 HISTORY OF IOWA of the most injurious effects came from the pur- chase and entry of great bodies of government land within the State by non-residents. This land was held for speculation and placed beyond the reach of actual settlers for many years. From no other one cause did Iowa suffer more than this short-sighted policy of the Federal government in selling lands within her borders, as the speculators profited by the settlers’ labor and enterprise, and simply waited the time to come when they could sell their investments at a greatly increased price. The National economy of statesmen should have been more to develop "homes for men and the seats of empire,” rather than to increase the wealth of the speculator who had no interest in the welfare of the State. A single regiment of Iowa men in 1861 was worth more to the Nation than all the money the government ever obtained from the toil and sweat of the settlers in the era of speculation. The crash of 1857 put a stop to this speculation, and the taxes imposed upon the non- resident in building school houses and other public buildings made the business of land-holding even as a speculation an undesirable investment. 58 . The State University of Iowa. — The second general assembly also decided to establish a State university, and, to insure its support, to dispose of the two townships of land given by Congress for that purpose. The main institution was located at Iowa City. One branch was to be at Dubuque and one at Fairfield, while normal schools were also to be estab- lished at Andrew, Oskaloosa, and Mt. Pleasant, res- pectively. It is probable that no other kind of a THE TRANSITION PERIOD IN ORGANIZATION 77 founding act could have been passed, since self-interest had to be more or less consulted, and by this arrange- ment every part of the State considered that its local interests had been carefully and conscientiously regarded. There was a consequent delay in carrying out this legislative plan for higher education, but the people were thus preliminarily educated for what was afterward to follow. Oskaloosa and Andrew erected buildings, and local interest began to get ready for the opening of the schools, but in the meantime better counsels prevailed, this policy of scattering the schools was repealed, and all the funds were applied to the main institution at Iowa City. 59 . School Legislation. — Under the developed conditions and the increase of population, the State had outgrown the school system that had been pro- vided, and the public demand became quite general for a more useful system of organization. This reached such a condition that in 1853 a l aw was passed extending the power of the school districts and increasing the influence of education among the people. The city of Muscatine led in this movement. George B. Dennison, then principal of schools in that city, prepared a bill specially for that school district and asked that a charter be given Muscatine with these powers. The proposed law was so well put and so happily prepared that instead of giving it to Mus- catine alone, it was passed as a general law for the entire State. These were the first provisions for pub- lic schools in Iowa, yet they were not yet free schools. In May, 1851, the first graded school in Iowa was opened at Muscatine. The rate system prevailed, and 78 HISTORY OF IOWA people paid tuition for the support of the teacher, and cooperation among the people in the maintenance of schools had yet only gone as far as the building of school houses. December 9, 1854, Governor Grimes in his message recommended the adoption of the tax system, whereby teachers and contingent expenses were to be paid by a tax levied upon the assessed property of the districts. While his suggestions received large attention, and were considered with much favor, yet this plan was not adopted and did not take effect until 1857, at the close of Governor Grimes' administration — the time of the beginning of the school system at present prevailing in the State of Iowa. 60 . The Hungarians in Iowa. — Previous to 1859, civil war had been in progress in the province of Hun- gary, under the leadership of Louis Kossuth. The Hungarians made great effort to throw off the Austrian yoke and establish a free government. The people of the United States watched this struggle with a great deal of solicitude. When Austria, with the help of Russia, succeeded in subduing the rebellion, many of the Hungarians were compelled to flee from their country. A large party of these refugees, escaping from the vengeance of the Austrian government, came to the United States and settled in Iowa, on Grand river, in the southern part of Decatur county. From the number that came there, it was supposed that they would build a large town and establish an extensive settlement. Always in sympathy with the oppressed, the people of Iowa gave them a hearty welcome, and the general assembly adopted a memorial to Congress THE TRANSITION PERIOD IN ORGANIZATION 79 to have the United States make a donation of public lands for their benefit, and thus give them a home with the hospitable welcome already accorded. The pros- pects for this being done were excellent, as the Presi- dent witheld the lands from sale, but the winter that followed was so much colder than they were accus- tomed to in their native country, and besides since they were by occupation accustomed chiefly to grape culture, they became discouraged and abandoned the Iowa settlement, and removed to Texas. 61 . The Great Seals of Iowa. — The use of a seal to give legal authority to official and governmental papers has long been a custom, all papers issued by the gov- ernor, the great seal is used by the secretary of state in coun- tersigning all proclamations and commissions issued by the State. Iowa has had two great seals, differing in a marked way as to design. The first was used dur- ing the Territorial times, and the design consisted of an eagle bearing in its beak an Indian arrow, and clutching in its talons the unstrung bow. This simple seal was provided by the first Ter-, ritorial secretary, William B. Conway, at the request of the legislative council, and was adopted by that body November 23, 1838. This design is popular and is still admired by many good judges of this kind of art. It afterwards appeared on the State geolog- ical reports, and was also placed on the Iowa National bank notes furnished by the government For the attesting of 8o HISTORY OF IOWA to Iowa banks. This original seal was lost in the removal of the State property from Iowa City to Des Moines. The second seal was authorized by law, February 25, 1847. It was intended to represent civilization, liberty, industry, progress, and valor. The design was prescribed by law as follows: “ It shall be two inches in diameter, and have engraved around its edge the words, ‘ The Great Seal of the State of Iowa. ’ It shall consist of a sheaf and field of stand- ing wheat, with a sickle and other farming utensils, on the left side near the bottom; a lead furnace and pile of pig lead on the right side; the citizen soldier, with a plow in his rear, supporting the American flag and liberty cap with his right hand, and his gun with his left in the centre and near the bottom; the Mississippi river in the rear of the whole with the steamer Iowa under way; an eagle near the upper edge holding in his beak a scroll with the following inscription upon it: ‘ Our liberties we prize and our rights we will main- tain. ' ” With such explicit orders, the artist had little to do with the design, except to conform to law. The ingenuity of skill and cunning has been very severely taxed to place so much upon so small a space. Because of its complexity of design, the coat of arms thus adopted is but little used by the people of Iowa, and has never had a chance, therefore, to be either popular or appreciated as has been the case with those adopted by many other States. Note. — The census of 1854 gave the first indication of the rising tide of immigration, and also betrayed, through its accounting for the sources of this population, that there were material modifications in progress that would eventually change the political sentiments and policies of the State. The earliest settlers had come from southern THE TRANSITION PERIOD IN ORGANIZATION 8l Ohio, Indiana, and Illinois, and also from the more northerly South- ern States. This accounts for the political tendencies of the early State policies. The next people came in large numbers from Penn- sylvania, and after the failure of the revolutionary movements in Europe in 1848, many of the people of those countries came to the United States, and Iowa attracted, for a time, a large proportion of the agriculturalists. Finally the majority of the immigrants came from northern Ohio, from New York, and from New England, while Penn- sylvania and Europe still continued a fair proportion. The story of the origin and modification, through immigration, of the Iowa peo- ple answers many inquiries that will arise concerning social and polit- ical progress, moral reforms, and permanent changes in public policy. The character and the training of a people are the proper explana- tion for the chief differences that exist between states, both as to fundamental theories and actual practice. The year 1854 united Lake Michigan and the Mississippi river by the completion of a rail- road. Iowa at once began similar public improvements and every train westward carried its contingent of immigrants to still add to the growing population of energetic and enterprising citizens. The census of 1856 and likewise of 1860 each tells a remarkable story of increase of population, of development of resources, and of multi- plication of wealth. QUESTIONS AND TOPICS. 1. How are public lands sold ? When could peo- ple settle upon the public lands ? What is a squatter ? What is a government patent ? Difference between warranty deeds and government patents ? 2. What is the use of a seal ? Origin of the use? Compare the Iowa territorial seal and the seal of the United States ? CHAPTER VII THE REPUBLICAN PERIOD OF STATE CONTROL — 1857 - 62 . The Change in State Policy. — From the beginning of Territorial government in 1838 to the year 1854, the Democratic party was in power, con- trolling all the legislation and dictating the policy of Constitution and laws. With the advent of a new school of politics, represented by the supporters of Governor James W. Grimes and the Republican party, there came agrowing conviction that a new constitu- tion, more in accord with modern notions, should be framed. Under the Democratic party there was no National money except silver and gold, called by the supporters of this policy, i ‘ the money of the Consti- tution.” All other currency of any kind was left to the several States to provide, the Democratic party be- lieving quite thoroughly in state rights . For the reasons heretofore given, the Democratic party was absolutely opposed to having any banks in the State, and it was likewise much opposed to any policy that would organize any permanent corporations that might have, through long continuance, the power to interfere with the public good. Hence, during these years there was no chance for anything of such kind to be organized. 63 . Other Things that Hastened the Change. — In addition, the Democratic party had, in fact, been very 82 THE REPUBLICAN PERIOD OF STATE CONTROL 83 strenuous in legislation that prohibited and restricted the liquor traffic. In season and out of season, its policy had been such that it arrayed against it those voters of more liberal view, who preferred different customs, and whose habits made them desire a granting of fa- vors to this inter- dicted traffic. The hard times, that were beginning to be felt in the whole country, together with the great con- troversy regarding the slavery ques- tion that was at- tracting so much attention at this period of history, added to these mat- ters above stated, led to the defeat of the Democratic party in 1854, and to the victory of the Republicans, in the electing of James W. Grimes as Governor and a General Assembly in harmony with him, that began to legislate to re- organize the State government in accordance with the views the party represented. The practical result of the prohibition of any system of banking in the State was to flood Iowa with every species of “ wild cat ” currency. The circulating medium of the people was made up in part of the free-bank paper of Illinois and Indiana. In addition to this, paper was being issued JAMES W GRIMES. 84 HISTORY OF IOWA by Iowa brokers who had obtained so-called bank char- ters from the Territorial legislature of Nebraska, and had their pretended headquarters at Omaha and Flor- ence. This current money was also well assisted with the bills from other States, generally such as had the best reputation where they were least known. This paper money was all at two per cent. , and some of it ten to fifteen percent, discount. Every man who was not an expert in detecting counterfeit bills, and who was not posted in the history of all forms of banking institutions, did business at his peril. 64 . The Third Constitutional Convention. — Provision was therefore made by the general assembly fora constitutional convention to remedy these defects, said to exist, in the fundamental law of the State and to make such modifications as would more nearly con- form with the new spirit of progress and of im- provement that came with the change of State policy. This convention assembled at Iowa City, January 19, 1857, and, completing its work, adjourned March 5, 1857. There were quite a number of very important changes and amendments made in the Constitution of the State by this Convention, but only the more rad- ical ones can be mentioned here. 1. Provision was made that every tenth year after i860, the people should decide, at the time of the reg- ular election, whether a new constitutional convention should be called. 2. Provision was made for a Lieutenant Governor to be the President of the Senate, and to fill any vacancy in the office of Governor that might be caused by the death, resignation or other disability of that officer. THE REPUBLICAN PERIOD OF STATE CONTROL 85 3. It changed the period of taking the State census to every ten years, instead of every two years as under the first constitution. 4. It changed the prosecuting attorney as elected by each county, to a district attorney elected by each judicial district. 5. It changed the selection of Supreme Court Judges from the General Assembly to the people at the regu- lar election of other State officers. 6. It changed the length of term of the Governor from four years to two years. 7. It provided for an attorney general to be elected by the people. 8. It increased the limitation of State indebtedness from $100,000 to $250,000. 9. It provided for the protection of the permanent school fund, by making the State responsible for every dollar of the same, so that any losses became a perma- nent funded debt until they were paid. 10. It provided for the more liberal treatment of corporations, organized for pecuniary profit. 11. It permitted the General Assembly to organize a State bank, to be founded on an actual specie basis. 12. It provided for a general banking law, under suitable restrictions. 13. It organized a State Board of Education to have charge of the educational interests of the State, that should exist until 1863, when reorganization or abol- ishment was permitted. 14. It located the permanent seat of State govern- ment at Des Moines, and of the State University at Iowa City. 86 HISTORY OF IOWA This Constitution was submitted to the people for approval, and was adopted by the popular vote August 3, 1857. Following this, Governor Grimes, by proclamation issued September 3, 1857, declared the result and announced the New Constitution as the supreme law of the land. 65 . Railroad Legislation. — As a result of the interest in railroad building, developed by the con- vention held at Iowa City in 1848, such enterprises were started, though the Constitution of 1846 was not friendly to corporations organized for pecuniary profit. The Congress of the United States became inter- ested about the same time and began making large grants of land to Western states, to assist such public improvements. Hence, in 1854, the first railroad in Iowa was built from Davenport to Iowa City, a dis- tance of fifty-five miles, the first rail having been laid in Davenport in May of that year, at or near high- water mark on the banks of the Mississippi river. The first locomotive in Iowa was landed at Daven- port in July, and was called the 1 ‘Antoine Le Claire/ ’ after the man who had been the “ First citizen of Davenport” in the pioneer days. This road was then called the Mississippi and Missouri River Railroad, but is now known by the name Chicago, Rock Island and Pacific Railway. 66. Effect of the New Policy. — With the advent of a new political policy toward corporations organ- ized for pecuniary profit by their stockholders, and with a modification in the Constitution as well as more liberality in the laws, and with the large land grants to be used in building railroads, this State became the center THE REPUBLICAN PERIOD OF STATE CONTROL 87 of great activity in the construction of such public im- provements. Railway construction companies were organized to prosecute the work and the General Assembly distributed the lands to them on such con- ditions as to prepare the way for State control. 67 . The First Land Grants. — The first Congres- sional land grant, approved May, 1856, was for the encouragement of the building of four railroads: (1.) From Burlington to the Missouri river, near the mouth of the Platte river. (2.) From Davenport via Iowa City and Des Moines to Council Bluffs. (3.) From Lyons, north-westerly to a point of intersection with the main line of the so-called “Iowa Central Air Line Railroad/’ near Maquoketa and thence on said main line, running as nearly as practicable on the 42d. par- allel across the State to the Missouri river. (4.) From Dubuque to a point on the Missouri river at or near Sioux City. This land grant conferred upon the State the odd numbered sections six miles in width on each side of the railroads, so projected, to be used as help in the construction. A special session of the General Assembly occurred in July, 1856, and on the 14th. of that month the grant was accepted by legislative act and at once regranted to the proposed roads. All these roads, with the exception of the “Iowa Central Air Line,” accepted the grants and began construction, and in the time required, completed the roads and opened them to traffic. The lands not accepted were afterwards granted with the permission of Congress, to the Cedar Rapids and Missouri River Railroad. These roads when constructed, after a time passed into the control of the Chicago, Rock Island and Pacific Rail- 88 HISTORY OF IOWA way, Chicago, Burlington and Quincy Railway, Chi- cago and Northwestern Railway, and Illinois Central Railway. Again on the 12th of May, 1864, Congress granted lands to the State to aid in building a railroad from McGregor to Sioux City. This grant conferred upon the State every alternate section ten miles on each side of the line. 68 . The Des Moines River Land Grant. — By an act approved August 8, 1846, Congress had already granted to Iowa the alternate sections of land on each side of the Des Moines river for six miles, for the purpose of improving the navigation of that river from its mouth to the Raccoon Fork, at Des Moines. In 1847 Iowa organized a board of public works, and began constructing dams and locks at large expense at four or five important points. Finally the grant was so changed as to allow the State to transfer its interests to the Des Moines Navigation and Rail- road Company — a corporation that was authorized to develop and control this internal water-way, and also to build a railroad in case that might prove more advisable. The State had already disposed of most of the lands below the Raccoon Forks, and, as very soon there were adverse rulings regarding the United States having granted the lands north of the Forks, the Com- pany effected a compromise by which it accepted all the lands certified to the State prior to 1857 and paid the State $20,000 cash in addition to what had already been expended by the Company, and abandoned the work, leaving it as the property of the State. This expensive venture proved to be entirely useless, and in 1862 Congress settled the original question perma- THE REPUBLICAN PERIOD OF STATE CONTROL 89 nently by naming the extent of the grant as the northern boundary of Iowa, and the General Assembly, then, granted these lands to the Des Moines Valley Railroad Company, for the purpose of building a railway up the valley of the Des Moines river. 69 . What the United States did for Iowa. — There were, therefore, these land-grant railroads, which received from the United States the great donation of 4,394,400 acres of the best land of this rich State, and by whose building the other lands were opened and settled with a rapidity that had never before been known. These land grants were an important factor in the civil development of the State of Iowa, and had much to do with the great progress that came so suddenly to a new and unsettled country — without which it would have been many years, before the great and extensive prairies, without woodland for miles, would have been subdued by advancing civilization. The State distributed these lands to the following rail- roads: Burlington and Missouri River 292,806 acres. Mississippi and Missouri River 482,374 acres, Cedar Rapids and Missouri River 735,997 acres. Dubuque and Sioux City 1,232,359 acres. McGregor and Sioux City 137,572 acres. Des Moines Valley 1,105,381 acres. Sioux City and St. Paul 407,910 acres. 70 . Founding State Institutions. — When the Republican administration came into power, it found the State with the debt of $50,000 borrowed at the organization of the State government in 1846. The previous policy had observed the most rigid economy, but had made no provision for paying this debt, and 9 o HISTORY OF IOWA had done nothing to provide for the insane, the deaf, the blind, or the feeble-minded. Temporary schools for the deaf and the blind had been organized, but, save the old stone State House at Iowa City and an inadequate penitentiary at Fort Madison, the State was yet without public buildings. In 1856 and 1858, large appropriations were made for the erection of public buildings, and the support of the unfortunate classes, and a loan of $200,000 was authorized. The contest, at the election of 1859, was a spirited one. Samuel J. Kirkwood was nominated for Governor by the Republicans, and Augustus C. Dodge, then just returned home from a mission to Spain, was nomi- nated by the Democrats. There was the slavery ques- tion, the charge of extravagance in State management, and the size and the extent of the insane hospital at Mt. Pleasant, that made the controversy interesting. Kirkwood was elected by a good majority. 7 I . The State Banking System. — The New Con- stitution also gave birth to the State Bank of Iowa, which was perfected by the law of 1858, at the first session of the General Assembly that was held at the new capital, Des Moines. This law gave Iowa good money and a secure home-banking system on a specie basis, from which no financial disasters came during its continuance. With the establishment of the Na- tional Banking System in 1865,* the State Bank of Iowa was closed, as National bank currency legallyt took the place of all paper money issued by the states. * Original act passed Congress February 25, 1863. f Amended act taxing State banks 10 per cent, on circulation passed Congress March 3, 1865- THE REPUBLICAN PERIOD OF STATE CONTROL 91 Since that time other banks called State banks have been provided by law, but they are limited in function to accepting deposits and doing a general banking business and do not issue any currency. These banks are now quite generally established in the business centers of the State, and are regarded as equivalent in security and public benefit to National banks, though enjoying only a part of their functions in the banking world. When the National Banking System was estab- lished, there were 10,000 different kinds of bank notes in circulation in the then thirty-four States of the Union. 72 . Temperance Legislation. — Iowa, even as a Territory, passed prohibitory and restrictive legislation concerning the sale of, and the traffic in intoxicating liquors, and has never since that time abandoned the principle involved. The struggle for sobriety, total abstinence, and legal restraint of the liquor traffic has been continuous. In 1858 there was a political movement that legalized the sale of ale, wine, and beer, and to some extent local option and license asserted themselves as a State method of dealing with the drink traffic; but there was continual and heated controversy and frequent prosecution of violators of the laws. The purpose of the Law of 1858 was to allow the weaker liquors, like ale, wine, and beer to be sold, but also to absolutely prohibit the sale of stronger drinks, like brandy, whisky, and rum. This system, however, did not succeed, to the satisfaction of the people of the State, because the established saloons, quite generally, not only sold the permitted liquors, but also violated the law and sold prohibited liquors. This led to so much political and legal controversy that it kept the 92 HISTORY OF IOWA question perpetually in politics and in the courts in the centers of population — the cities and towns, — and finally resulted in a proposition for a Constitutional Amendment that passed successively two general as- semblies and received 30,000 majority in its favor on the part of the people, at a non-partisan election in 1882. Through a clerical error, made by the general assembly at one passage, the amendment became invalid, the supreme court declaring the procedure of adoption not properly obeyed. But the sentiment of the people was so pronounced, and the public pressure so strong that the next general assembly (1884), passed a prohibitory law and gave the State by statute, what was sought by amendment to the constitution. Then came the application of the law, the liquor traffic re- sisting every point until the supreme court had estab- lished such act as constitutional in every respect. Difficulties in certain counties, cities, and towns made the local enforcement of this law practically impossi- ble, so that a new law was passed March 29, 1894, permitting such cities and towns as desired saloons to establish them by petition. If the percentage of voters that petitioned was sufficient as required by law, the so-called “ mulct law ” prevailed in said community, until prohibition was again restored by a large enough percentage of voters again petitioning for its restora- tion. There have been few problems in civil govern- ment that have received as much attention from Iowa legislators, politicians, and people as has the control and suppression of the liquor traffic during the first fifty years of Iowa history. CHAPTER VIII IOWA IN THE DAYS OF CONTROVERSY AND WAR 1859-1865 73 . The Slavery Question. — By the Missouri Compromise, Iowa became a State in which slavery “ was forever prohibited,” yet at one time there were a few slaves on this soil who were sold by their masters to traders who took them South. This fact of the prohibition of slavery caused the settlers that came to Iowa to be chiefly opposed to that institution, and they were therefore hostile to its extension on any conditions. December 9, 1854, Governor Grimes gave in his message the memorable words that struck the key note of the political history of the State for many years: “It becomes the state of Iowa, the only free state of the Missouri Compromise, to let the world know that she values the blessings that Com- promise has secured for her, and know that she will never consent to become a party to the nationaliza- tion of slavery.” This was Iowa’s answer to the proposition made in Congress in 1854 to re P ea -l the Missouri Compromise. In the midst of the great political agitation that existed in the Union, Mr. Grimes was nominated for Governor, and being sup- ported by both Whigs and Free-soilers, he conducted a spirited and successful campaign and was elected by 2,468 majority. An entire change at once began in the political history of Iowa, and soon a like change followed in the majority of the states in the 93 94 HISTORY OF IOWA Union. Mr. Grimes’ campaign and election was the first very prominent large movement toward the organ- ization of the Republican party. Six years later Abra- ham Lincoln was elected President of the United States, and the entire governmental policy of the Great Republic as regards slavery and also as regards tariff taxation was changed. 74 . Controversies Over Suffrage. — The new Constitution opened up the controversy concerning suffrage by providing for a vote of the people on striking the word “ white ” out of the suffrage clause. There were already quite a number of negroes in Iowa, and this question of enfranchising them was one of the first discussions of the kind that occurred in the United States. Since the organization of the State there had been a law upon the statute books providing that no mulatto, negro, or Indian should be a compe- tent witness in any suit or proceedings to which a white man was a party. The general assembly of 1856-57 repealed this law and the new constitution contained a clause forbidding such disqualification in the future. The word 4 4 white ” was retained in the constitution, but the repeal of the ‘ ‘ color line ” law and the proposition to remove the color line from suffrage, together with a law that provided in a broad sense for the education of “all youth in the State” through a sys- tem of common schools, made the political excitement intense, since fundamental constitutional problems were being considered, and a radical change seemed promised, unless it could be defeated at the polls. The Democrats made a bold attack upon the Republican party because of the repeal of the “ black laws ” and IOWA IN THE DAYS OF CONTROVERSY AND WAR 95 the provision for negro education, and made a strong and successful appeal to the feeling of race prejudice which still prevailed in the State, as was proven by the defeat of the proposition to strike out then, the word white ” from the Constitution of 1857. The result was, how- ever, a victory for the Republican party, as the vote of Iowa since that time has almost universally sup- ported the policies of that party. The word 0 white ’ ’ was afterward, in 1868, stricken out of the Constitution by the approval of the people at a general election. 75 . The Republican Party Supreme. — In Janu- ary, 1858, the general assembly met for the first time at Des Moines. Political party supremacy was gradu- ally slipping from the hands of the Democrats. Already in 1855, James Harlan had been elected United States senator by the general assembly, and Augustus C. Dodge, representing the old regime, was retired. The assembly of 1858 completed this policy by elect- ing James W. Grimes United States senator and retiring George W. Jones, who had been associated with Iowa politics from the beginning of its history. 76 . The Campaign of 0 860 . — The presidential campaign of i860 was a remarkable one for Iowa, and helped make the civil history of the State. The fact that civil war seemed imminent, in case of Abra- ham Lincoln’s election to the presidency of the United States was well understood and considered. There was a disposition, however, to consider and decide these issues, uninfluenced by any threat of violence or civil war. Already in 1851, the general assembly, by joint resolution, had declared that the state of Iowa was ‘ ‘ bound to maintain the union of these States by 9 & HISTORY OF IOWA all the means in her power. ’ ’ The same year the State furnished a block of marble for the Washington Monument, and by order of the general assembly, in- scribed upon it the following sentiment: “Iowa: Her affections, like the rivers of her borders, flow to an Inseparable Union. ” No State in the Union had more vital interest in National unity than the people of Iowa. Her population were representatives of the older states, both North and South. All were immi- grants bound to these older communities by the ties of blood and fond recollections of early days. Her geographical position was such that a dismemberment of the Union was a matter of serious concern. The Mississippi river was the highway for her people to market their products, and for the navigation of this nature-highway to pass into the control of a foreign government was to isolate Iowa from the commerce of the world. In secession and its results, the State of Iowa could see nothing for her people but con- fusion, anarchy, and utter destruction of nationality. Hence when the National flag was fired upon at Fort Sumter in 1861, party lines gave way, party spirit was hushed, and the cause of the common country be- came supreme in the affection of the whole people. 77 . The Meeting of the Crisis. — Peculiarly fortu- nate was the State at this crisis, in having a truly repre- sentative man as chief executive in the person of Samuel J. Kirkwood. He was indeed worthy and able to organize and direct the energies of the people. Within thirty days after the date of the President’s proclamation calling for troops, the First Iowa Regi- ment was mustered into the service of the United IOWA IN THE DAYS OF CONTROVERSY AND WAR 97 States, a second regiment was in camp ready for service, and the general assembly was in special session, pledging by joint resolution every resource of men and money to the National cause. The constitu- tion of the State lim- ited the State debt to $250,000, except debts contracted to “repel invasion, sup- press insurrection, or defend the State in war. ” This assem- bly authorized a loan of $800,000, if it were necessary, for a war and defense fund, to be expended in organizing, arm- ing, equipping and subsisting the militia of the State, to meet the present and future requisi- tions of the President. Those in power looked to the spirit rather than to the letter of the constitution, and acted upon the theory that to preserve the Nation was to preserve the State, and that to prevent invasion was the most effectual way of repelling it. Only $300,000 of this loan was ever made, and these bonds were purchased and held chiefly by Iowa people. “A monu- ment to the heroism of the soldiers and sailors of 1861-65 was erected at the capital in 1895. The money expended, $150,000, was obtained from the refunded national direct tax of August 5, 1861. M (283, p. 260.) SAMUEL J. KIRKWOOD. 9 8 HISTORY OF IOWA 78 . The Effect of the War.— What terrible days those were to the people of Iowa ! Their thoughts and energies were intent upon the war. The State was simply a re- cruiting station for the army. The railroads and ex- press lines were carrying away the strong and the vig- orous and return- ing, to the desolate homes, the bodies of the cherished dead. The social life of the peo- ple was connected with meetings to raise means for sanitary and hos- pital supplies. So- ciables, concerts, festivals, all had one object — to raise money for the Christian and San- itary Commissions. The General As- sembly did all in its power to meet , , the emergencies. IOWA SOLDIERS’ AND SAILORS’ MON- ° ument. Enlistments were IOWA IN THE DAYS OF CONTROVERSY AND WAR 99 encouraged and everything done to protect the soldier in the field and his family at home. Laws were passed that suspended all suits against soldiers in the service, and all suits of attachment or execution against their property. County boards of supervisors were author- ized and commanded to vote bounties for enlistments and pecuniary aid to the needy families of those in the service. To the people, the maintenance of slavery meant the continuance of the support of the Southern cause, and was the very strength of the Rebellion. Therefore the belief prevailed that when slavery ended the War would end, and the Emancipation Proclama- tion was received with great satisfaction, as meaning the saving of fathers’, brothers’, sons’, and lovers’ lives, and, at the same time, gave triumph to liberty and free- dom through mercy and justice. 79 . Iowa in the War of the Rebellion. — In the great War of 1861-65, Iowa sent to the front to defend and support the National Government, in putting down the Rebellion 78,000 men. Of these, nine regiments were cavalry and forty-eight were infantry. In addition there were four batteries, one regiment of colored infantry, and a few sailors. War always plays havoc with human life, whether in camp or in the field. When the war closed in 1865, 12,368 were dead, 8,848 had been wounded in battle, and 9,987 were dis- charged for wounds received in battle or for ruined health. Iowa men won rank and distinction in the service. The record shows the names of four major- generals, thirteen brevet major-generals, six brigadier- generals, and thirty-six brevet brigadier-generals. The most signal events that the Iowa soldiers were IOO HISTORY OF IOWA connected with were the battles of Wilson’s Creek, Belmont, Pea Ridge, Shiloh, luka, Corinth, Prairie Grove, Helena, Missionary Ridge, Jenkins’s Ferry, Winchester, the siege of Vicksburg, the storming of Fort Donelson, and the March to the Sea. The War of the Rebellion was one of the most mighty conflicts that has ever occurred. Of a population of less than 700,000 people, Iowa sent nearly 80,000 to the War. Every other able-bodied man in the State was in the ranks of the army of the United States. It was a fearful price to pay for honor and renown, but it was cheerfully given in valor, in faith, and in sacrifice that this Great Republic might live, and that liberty and- freedom might be the perpetual heritage of the gen- erations then unborn, but now in the schools and enjoying the great privileges thus bought with blood and treasure. 80 . The Sioux Indian and the Settler. — During the intense political controversies that were pending in the Nation, little attention was given to the Indian outrages on the frontier. These were so small and so unimportant, as compared to the great struggle going on in the Nation, that public interest was not aroused to any extent. So much so was this true, that no attempt was ever made by the Government to bring to justice the roving band of Sioux Indian outlaws, who ruthlessly and brutally murdered the settlers in northern Iowa in 1857. The soil of Iowa had been singularly free from Indian outbreaks, the treaties for the removal of the Indians being faithfully kept. Before Territorial times, the pioneers of the Mississippi Valley had an experience in the Black Hawk war that IOWA IN THE DAYS OF CONTROVERSY AND WAR IOI gave them an insight into the savage character of the Indian on the war path. Later, during the Rebellion in 1862, the Sioux war in Minnesota, that cost the lives of 1,000 white settlers, and that would have been regarded as a most serious and terrible outbreak, lost its prominence because of the more terrible civil con- flict even then in progress in the Union. Both of these Indian wars had causes in injustice and in failure of the Government to promptly comply with treaties and also in seeming invasion of rights and guarantees. 8 1 . The Spirit Lake Massacre. — The massacre that occurred in 1857 at Spirit Lake cannot be explained by any wrong on the part of the white man, as its perpetrators were a lawless, reckless band of thieves, robbers, and murderers. In this massacre more than fifty white people lost their lives, at the very time when they were kindly ministering to the wants of these needy but treacherous savages. This massacre was carried out by an outlaw band of Sioux Indians, who were so cruel and so criminal that they were not even respected by the other more honorable bands of the tribe, and hence kept themselves farther away from the pale of civilization and made their home in South Dakota, where a white man had never trespassed. They were the worst band of the Sioux tribe, and were known by their chief as Ink-pa-du-ta’s* band. They had attracted to themselves all the roughs and outlaws of the whole tribe, and became thereby the terror of all exposed settlements. 82 . The Outrages Committed. — The winter of 1 856-57 had been unusually cold and this band of *The Scarlet Point. 102 HISTORY OF IOWA outlaws found it very difficult to exist. Hence they left their inhospitable quarters and drifted into Iowa to subsist off of the settlers by stealing, robbery, and outrage. Being repudiated by the tribe in the treaty of 1851 that was made at Mendota, they had taken no part in that treaty, and were not thus able to share in the grants and the privileges made by the General government. They thus felt that they had a right to get even with the white man, by such incursions in mid winter when the settler was helpless. The scarcity of game and the difficulties they encountered in dealing with the whites, in the more thickly settled communi- ties on the Little Sioux river incensed them. Their stealing and outlawry being resisted, they became more desperate and more bloodthirsty when they came, in their wanderings, into the more sparse settlements. In Buena Vista county, they robbed the houses, shot the cattle, abused the families of the settlers, and threat- ened them with more dire penalties, if they resisted. In Clay county, their outrages increased in violence and impudence, and in Dickinson county, at Okoboji and Spirit lakes, they entered the homes of the settlers under the guise of friendship, and, after being fed and ministered unto in their distress, they treacherously murdered men, women, and children, saving the lives of none except a few of the younger women, whom they carried away as captives. From Spirit Lake, they proceeded to the little settlement of Springfield on the Des Moines river, but here met resistance, as these settlers were apprised of the result at Okoboji lake and gave them no chance to perpetrate their cruel outrages. A few, however, who relied on the friend- l IOWA IN THE DAYS OF CONTROVERSY AND WAR 103 ship and good will of the savages, paid the penalty with their lives — none that fell into their power being saved. In the meantime, the United States troops at Fort Ridgely and the citizens of Fort Dodge were in- formed of* the terrible fate of the settlers, and n o t w i thstand- ing the heavy snows, the stormy season, and the rag- ing streams, re- lief expeditions were sent from both places, and the Indians withdrew to their Dako- ta w i 1 derness. Nothing was ever done by the United States to redress these grievances and punish these rrc y?" SPIRIT EAKE MONUMENT. marauders. The State of Minnesota purchased the free- io4 HISTORY OF IOWA dom of two of the captives, the others having perished. 83 . The Monument. — July 26, 1895, there was dedicated at Spirit Lake a monument erected by the State of Iowa to the memory of the victims who perished there in 1857. It is a granite monument fifty-five feet high, and is of graceful and pleasing pro- portions. Thus Iowa bore testimony to the brave deeds of the pioneer of civilization, who not only had to contend against the hardships of the wilderness in the struggle for subsistence, but who also sacrificed his life in the attempt to open up the wilderness to the progress and spirit of the times. QUESTIONS AND TOPICS. 1. Democratic national money? Republican na- tional money ? “ Wild Cat ” currency ? State bank paper of 1853? 2. What is a legislative special or extra session ? Effect upon the railway corporations as to control by the State through accepting land grants ? 3. What was the state banking system of 1858? What are the functions of national banks ? Of state banks ? 4. What was the Missouri compromise ? Who was a ‘ 4 free soiler ?” 5. How are amendments made to the State consti- tution ? 6. How are United States Senators elected ? How many from each state ? 7. When can the state debt legally exceed the con- stitutional limit ? 8. What were “ sanitary commissions” during the war ? 9. What was Iowa’s part in the Great Rebellion ? Why was Iowa so decidedly in favor of maintaining the Union ? CHAPTER IX THE STATE INSTITUTIONS AND SOCIETIES 84 . The Policy of the State. — Numerous lines of public work are in charge of the State. These consist : (i) of charities, such as the care and medical treat- ment of the temporary insane, the reform of the erring, the restraint of the criminal and vicious, the education and training of the unfortunate, and the support of the helpless and indigent; (2) of higher and professional educational institutions that grant an enlarged opportunity to the youth of the State; (3) of the recognition of such societies as are vol- untarily organized and maintained for the purpose of advancing the interests of the people in respect to agriculture, horticulture, education, stock breeding, etc. ; (4) of the maintaining of boards that control the practice of medicine, the practice of dentistry, the profession of teaching and the dispensing of medicines. There has been much difference of opinion concerning the province of the State regarding these matters. Most of the charities began with movements that de- pended upon public sympathy and general contribu- tions of money for support, and were afterwards trans- ferred to the State for maintenance and management. Dissatisfaction regarding public health and public in- terests have led to the establishment of most of the boards of control, while interest in public welfare has caused the encouragement of the public societies that 105 io6 HISTORY OF IOWA exist and are engaged in distributing knowledge in ref- erence to progress, improvement, and development. 85 . The Penitentiaries. — In the original act that established the Territory of Iowa, provision was made for the National Government to appropriate money for public buildings. From this appropriation came the stone building at Iowa City, now used by the State University, and the penitentiary at Ft. Madison, whose main building was completed in 1841. Iowa was probably the only State in the Union that was pro- vided a penitentiary at National expense. An ad- ditional penitentiary, at Anamosa, was erected by con- vict labor, work beginning in 1872. This institution is now used for first offenders under thirty years of age, for female offenders, and for the criminal insane. 86 . The Soldiers’ Home. — This institution was completed and opened November 30, 1887, and is for the soldiers and the sailors, residents of Iowa, who are incapable of self-support or of taking care of themselves. Persons who have property, or who draw a pension sufficient to support them, are not admitted as in- mates, and those who are granted pensions, or whose health recovers so as to enable them to support them- selves, are discharged from the Home. 87 . The Hospitals for the Insane. — This State has four hospitals for the insane. The oldest is located at Mt. Pleasant, and was established in 1855, receiving patients for the first time March 6, 1861. The second is located at Independence, and opened for the reception of patients in May, 1873. The third is located at Clarinda, and was opened in 1888. The fourth, at Cherokee, was opened in 1902. All these THE STATE INSTITUTIONS AND SOCIETIES 107 institutions are the equals of any such hospitals any- where in the United States, and are among the greatest and noblest charities of this sympathetic age. Persons are admitted to these State hospitals at the expense of the counties from which they come, and are usually kept until recovery or until it is decided that insanity is per- manent ; in the latter case they may be kept permanently or may be returned to the care of the counties. About half the counties in the State have hospitals for the insane. 88 . The Hospital for Inebriates. — This institution is located at Knoxville. It was originally opened in 1892 as an Industrial Home for the Adult Blind, but that institution was never very largely patronized, and in 1904 the General Assembly changed it into the State Hospital for Inebriates. It is used for the detention, care, and treatment of male inebriates and persons ad- dicted to the use of morphine and other narcotic drugs. Commitments to this institution are made by the district judge. There is a similar Hospital for Female Ine- briates at Mt. Pleasant. 89 . The College for the Blind. — The College for the Blind was first opened in temporary quarters in Iowa City in 1853. In 1858 provision was made for a permanent institution at Vinton. This institution is a well-appointed school, equaling in amount of ap- paratus, in thoroughness of instruction, and in fullness of its curriculum, the best public schools in Iowa. Special attention is given to music instruction. Tuition and board in this institution are free to any blind per- son in the State. 90 . The School for the Deaf. — This school for io8 HISTORY OF IOWA the care and education of the deaf was first organized in Iowa City in 1855. A permanent building was provided for the institution at Council Bluffs in 1870. It is free to all deaf children of school age that are sound in mind, free from immoral habits and contagious and offensive diseases. It was first called Institution for the Deaf and Dumb, but the name was changed by the twenty-fourth general assembly. Besides a gen- eral education, the trades of printing, shoemaking, carpentering, dressmaking, farming, gardening, drawing and painting, household work, plain sewing, and knit- ting are taught. 91 . The Industrial Schools. — These schools were founded and are maintained for the purpose of reform- ing juvenile offenders, or those who, through lack of proper home control, promise to become criminals. The results of the work done by these schools proves beyond a doubt the possibility to reclaim youth and make good citizens, if they are put under proper con- trol. The age of admission to these schools is from seven to sixteen, at the time when their natures are still susceptible to the influence of kindness, moral training, and proper discipline. These reformatory institutions are therefore conducted on an entirely different plan from prisons or penitentiaries, as the length of sentence is indefinite and encourages reform, and the environment created is more beneficial and more hopeful. The State has therefore combined in- struction in common school branches, adapted to ages and advancement, and suitable industrial education, with instruction in morality, the center of the training. There are two of these schools: one at Eldora for THE STATE INSTITUTIONS AND SOCIETIES IO9 boys, founded in 1868, and one at Mitchellville for girls, founded in 1872. 92 . The Institution for the Feebleminded. — Three homes for orphan children, were founded during the War of 1861-65, and maintained by the State until 1876, when, the number of such chil- dren having greatly diminished, it was decided to unite these in the present institution at Davenport. This closed the homes at Cedar Falls and Glenwood, which were changed, therefore, into the State Normal School at Cedar Falls, and the Feebleminded Institu- tion at Glenwood. The objects of this institution are to provide special methods of training for children who are deficient in mind, or marked with such peculi- arities as to deprive them of the benefits and privileges provided for children with normal faculties. The purpose is to make the children as nearly self-support- ing as practicable, and to approach as nearly as pos- sible the actions of normal people. It further aims to provide a home for those who are not susceptible to mental culture, relying wholly upon others to supply their simple wants. In the school department, les- sons are imparted in the simple elements of instruc- tion taught in public schools, as well as in the indus- tries suited to their capacities. Girls learn plain and fancy sewing and household work, while boys are de- tailed to work on the farm or in the garden, in the shoe shop, broom shop, or carpenter shop, and assist in the various departments of the institution. Males are ad- mitted between the ages of five and twenty-one, and females between five and forty-six. Inmates may be dismissed by the board of control ; or if there are good no HISTORY OF IOWA reasons why this should not be done, they may remain permanently. 93 . The Soldiers’ Orphans’ Home. — This institu- tion was opened for the reception of children July 13, 1 864. It was first supported by private contributions, but the eleventh general assembly (1866), assumed control of it, and provided for its management and permanent location at Davenport. In 1876 it became the only home for soldiers’ orphans in Iowa, by receiving the children that had been in the State Homes at Cedar Falls and Glenwood. Two classes of children are now received; first, soldiers’ orphans en- tirely at the expense of the State; second, county orphans or indigent children who are sent by counties, the expense being borne by the counties so sending them. The purpose of the Home is educational and industrial. There is a good elementary school main- tained the entire school year, and the children also learn to work at common industrial pursuits. The children are placed in good homes as opportunity offers, and they are looked after by officers and recalled, if the agreements are not faithfully carried out. The intention is, to provide for all homeless and indigent children, and not allow them to be sent to county poor houses and other places of detention and degra- dation. The policy is also to locate the children in good homes as soon as possible, instead of keeping them at the expense of the State. The institutions described in §§ 85-93 were at first controlled by separate boards of trustees ; but they are now under the charge of the Board of Control of State Institutions. See § 125. THE STATE INSTITUTIONS AND SOCIETIES III 94 . The State Agricultural College. — Iowa early became interested in agricultural education. Already in 1858, at that memorable assembly when so much progress in public institutions originated, the State Agricultural College was established, including an experimental farm. In i860, the necessary land was purchased in Story county, and suitable buildings were erected. In 1864 and 1866, appropriations were made to erect a college building, and in 1868 the building was completed and the college opened as the law stated ‘ ‘to advance and conserve the interests of agriculture and the mechanic arts.” The State appropriations in sup- port of this institution have been very large. The movement for this kind of education was encouraged by the United States Congress, July 30, 1862, by mak- ing an appropriation to the several States of the Union of an amount of the public lands, equal to 30,000 acres for each of their senators and representatives in Con- gress, the proceeds of which should be devoted to maintaining a college in which the leading object should be to teach such branches of learning as related to agriculture and the mechanic arts. In 1890 and again in 1907 bills for the more complete endowment and support of these colleges were passed by Congress. They appropriated amounts gradually increasing from $15,000 for the year 1890 to $50,000 for the year 1912; the annual amount thereafter to be paid each State and Territory to be $50,000, the same to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their application to 112 HISTORY OF IOWA the industries of life and the facilities for such instruc- tion. 95 . The State University. — This institution is supported by a permanent endowment obtained from a Congressional land grant, by tuition fees, and by biennial appropriations made by the Legislature. It first opened March, 1855, but was closed for lack of funds from 1858 to i860. In i860 work was again permanently resumed. In the beginning the attend- ance consisted chiefly of students in the normal and preparatory departments, but these departments were long since abolished and, at present, the departments maintained consist of the collegiate, the law, the medical, the homeopathic-medical, the dental, the phar- maceutical, and the scientific. The permanent en- dowment is small, because the legislature was forced by public opinion to put the land grant upon the market at too early a day to realize much of a sum of money. Eighteen thousand acres of the grant were sold at the nominal price of $3.27 an acre and that, at the time, when most of the Government land had been sold at $1.25 an acre, and even as low as eighty-five cents an acre to purchasers with land warrants. Hence the support and development funds of the institution have chiefly come from temporary legislative appropriations. The University is governed by a Board of Regents, con- sisting of one member from each Congressional district and with ex-officiis members consisting of the Governor and the Superintendent of Public Instruction. The influence of the University on general public education has been marked by the best effects, and the high schools have been greatly encouraged and assisted by THE STATE INSTITUTIONS AND SOCIETIES 1 1 3 its recognition of them as accepted preparatory schools. With the liberal appropriations for the erection of suit- able buildings, and with an enlarged income, this in- stitution is the equal of other institutions of its class in other States. 96 . The State Normal School. — At the opening of the university in 1855, the normal department was the largest department of the school. This depart- ment was abolished in 1873 and a professorship in didactics established in its place. This chair was to give instruction to advanced students in the science and art of teaching. After this occurred, agitation for a sep- arate normal school began and, in 1876, the Legislature authorized the organization of such a school at Cedar Falls. This school is strictly confined to the instruction and training of teachers for the public schools, and none but such as intend to teach are encouraged to enroll. To attain this object, its courses of study are arranged to meet the wants of all kinds of teachers in country and city schools. Its faculty is selected with the same purpose in view, and the work done is, therefore, as well adapted as possible to the needs. The govern- ment of the school is vested in a Board of Trustees of seven members, with the Superintendent of Public Instruction as president. 97 . The State Library and the State Histori- cal Department. — These two State institutions are separate and distinct, though managed by the same Board of Trustees, consisting of the Governor, the Supreme Judges, the Secretary of State and the Superintendent of Public Instruction. (1) In the beginning the library was founded for the benefit of HISTORY OF IOWA 1 14 the supreme court, but afterwards such other books were added as were also useful to the legislature, other State officers, and advanced students. It includes one of the best law libraries in the United States. It is under the charge of a State librarian elected by the Board of Trus- tees. (2) The historical department was organized J uly 1 , 1892. It is in charge of a curator selected by the Board of Trustees. He makes such collections of archaeology, geology, natural history, military relics, bound volumes of newspapers, autograph letters, books published in Iowa, pamphlets, etc., as particularly bear upon the history and development of the State and nation. The Library Commission, created in 1900, consists of the State librarian, superintendent of public instruc- tion, president of the State University, and four mem- bers appointed by the governor. It encourages the formation of local libraries, and controls a large travel- ing library. 98 . The State Geological Surveys. — There has been from the beginning of our history, a scientific interest in the mineral deposits of the State. Hence, January 31, 1855, the first geological survey was authorized, and James Hall, of New York, appointed State geologist. This survey was regarded as suc- cessful from a scientific standpoint, and the pub- lished reports are still esteemed. The second geologi- cal survey was authorized April 2, 1866, and Charles A. White, of Iowa City, was appointed State geol- ogist. Two volumes of valuable information, and a large collection of minerals and fossils was the result. The third geological survey was authorized by the gen- eral assembly in 1892, and Samuel Calvin, of Iowa THE STATE INSTITUTIONS AND SOCIETIES 115 City, was appointed State geologist by the Geological Board. Several valuable reports have been prepared, and more attention has been given to the commercial interests of geology than in previous surveys., such as clays, rock, sand, natural gas, coal, etc. This survey is still in progress. 99 . The Boards of Control. — i . Board of Dental Examiners. — This board was authorized by the nine- teenth general assembly (1882). The act provided for the appointment by the governor of five practical dent- ists, who have resided five years each in Iowa, to control the practice of dentistry and to examine and license per- sons that were competent to undertake the business. 2. Board of Health. — By an act of the twenty-first general assembly (1886), the practice of medicine was regulated, and a board of seven physicians was appointed by the governor. This board appoints its own secretary, who is the executive officer of the board, and has authority over the interests of the health and life of the citizens of the State. It has power to make such regulations, as are deemed neces^ sary, to preserve the public health, and to establish rules in all matters of quarantine. It manages the State bacteriological laboratory at Iowa City. It makes rules for the inspection of illuminating oils. It exam- ines and licenses physicians, osteopaths, nurses, and embalmers. 3. Commissioners of Pharmacy. — The eighteenth general assembly (1880) provided for the better regu- lation of pharmacy and the sale of medicines and poisons. The governor appoints a board of three com- petent pharmacists, selecting one each year (Code HISTORY OF IOWA I 16 § 2584). Persons who desire to conduct the business of selling at retail, compounding, or dispensing drugs for medical use, must first be examined by this board and be granted a certificate authorizing them to do so. Graduates of reputable schools of pharmacy are granted certificates without the formal examinations. 4. Law Examiners. — The State board of law exam- iners was created by act of the twenty-eighth general assembly. It consists of the attorney-general and four or more members of the bar (lawyers) appointed by the supreme court. It examines applicants for admission to the bar. 5. State Board of Control. — See § 125. I O O. Educational Board of Examiners. — The nine- teenth general assembly (1882) passed an act creating a State board of examiners. This board consists of the superintendent of public instruction, as ex-officio mem- ber and president, the president of the State University, and the president of the State Normal School, and two additional persons, one of whom must be a woman, appointed by the governor. The Board holds annually at least two examinations, and grants State certificates for five years, and State diplomas for life, to com- petent experienced teachers who are examined by it. Other teachers’ certificates are granted under its su- pervision. IOI. The State Societies. — 1. Agricultural. — The Agricultural Society was organized in 1854, and in Octo- ber of that year held its first annual fair. The fair was at first held in different parts of the State from year to year, but in 1885 large and valuable grounds were pur- chased at Des Moines. In connection with the State THE STATE INSTITUTIONS AND SOCIETIES I 1 7 organization there have been established about one hundred local branch societies, which make annual exhibitions in their several counties and districts and are aided by State appropriations. By act of the twenty-eighth general assembly, the State society was reorganized as the department of agriculture. This department is managed by a board composed mostly of directors elected by a convention of delegates repre- senting the local societies and certain other organiza- tions. The governor, president of the State Agricultural College, State food and dairy commissioner, and State veterinarian are ex-officiis members of the board. The board controls the State fair, publishes the “ Iowa Year Book of Agriculture/’ and in other ways promotes agri- culture and animal industries. 2. Historical Society. — In 1857 this society was organized under an act of the sixth general assembly. It is in connection with the State University, and its object is to collect, arrange, and preserve a library of books, pamphlets, etc., illustrating the history of Iowa. This society has endeavored to carry out the objects of the law, and has a large and valuable collection at Iowa City. Considering the small financial support it has received since its founding, it has much to show for its labors. 3. The Horticultural Society. — This society has for its object the promotion and the encouragement of horticulture and arboriculture in Iowa, by the collection and dissemination of practical information regarding the culture of such fruits, flowers, and trees as are best adapted to the soil and climate of the State. In order to facilitate the work, the State is divided into ii 8 HISTORY OF IOWA twelve districts, each having its own director and hold- ing its own meetings, all of whose transactions are re- ported to the secretary of the State society. An annual report is published at the expense of the State. 4. The Iowa State Teachers' Association. — This association is a voluntary organization of educators from the various lines of work in the State. It was organized in Muscatine, May 10, 1854, and holds an annual meeting of several days' session. The object of the association is the mutual benefit of its members educationally, and the improvement of the schools of the State. Its proceedings are published and distributed to the members and interested parties by the State superintendent of public instruction. 5. The Iowa Academy of Sciences. — This society was organized in 1887. Its object is to encourage scien- tific work in the State. Its membership consists of (1) fellows, residents of the State who are engaged in scientific work; (2) associate members, residents of the State who are interested in such work ; (3) correspond- ing fellows whose residence is in other States and who are engaged in scientific work. It is a prosperous and successful society, holding annual meetings and publish- ing an annual report of great value. Note. — The legislatures of Iowa are called General Assemblies and are known by number, the one that existed in 1896-97 being the 26th General Assembly ; the one in 1904-05, the 30th ; the one in 1906, the 31st; the one in 1907-08, the 32d, etc. After the adjournment of each assembly, the new laws are published in book form, under the title, “ Laws of Iowa” ; the year of passage being attached to distinguish the volumes. The laws as a whole have been occasionally collected, revised, and published in one volume. These are known by the names, Code of 1851, Code of 1860, Code of 1873, and Code of 1897. References to Code, in this book, are always to Code of 1897. CHAPTER X GROWTH, DEVELOPMENT, AND CHANGE 102 . The Rate of Progress. — Iowa’s record of advancement in material and industrial development is a marvelous page in history, while her progress in education, religious ideas, and moral reform has not been surpassed by any other state in the Union. Her political, social, and moral policies have been in the front rank of great enterprises, while her stability of policy and the persistence in efforts to secure for her people all the benefits of civilization, without its most serious abuses, is a proud chapter in the history of the last half century. Fifty years of Statehood saw her standing side by side with the oldest States in the Union, equaling them in educational development, in industrial enterprises, and in opportunity, while sur- passing many of them in moral reforms, religious activity, and true ideas of living. The Semi-Centennial.— In October, 1896, occurred a week of festivity and celebration in honor of the first half century of Iowa history. This celebration was held at Burlington, the first Territorial capital, and was managed by commissioners appointed by the State and also by the city. This combined interests that made the whole week a notable event. Addresses were given by prominent men and women of both State and Nation. Those persons who had been the makers of Iowa history and institu- tions, and were still living, were asked to tell the story of progress, development and sacrifice. An attempt was made to pay tribute to all the forces of culture, education and politics that had a hand 119 120 HISTORY OF IOWA in determining present Iowa, and, at the same time, to preserve to history the deeds of the heroes and great characters who had so firmly established the governmental foundations. The pro- grams were assigned to different days, each evening being devoted to electrical displays, fire-works, parades, etc., to give effect and glory and make an impressive occasion. The whole city was beautifully decorated with bunting, arches of triumph were erected over the principal streets, and all the means of modern invention and illumination were employed to make the celebra- tion long to be remembered. The program of days was distrib- uted as follows: An official day, a pioneer’s and old settler’s day, an educational day, a woman’s day, a secret society day, a repub- lican day, a democratic day, a religious day, in all of which the* different addresses and other exercises were so planned as to pay tribute to the memory of the fifty years of development and progress that had come to Iowa for her people in prosperity, hap- piness, freedom and civil government. 1 03 . Growth in Population. — From the beginning of settlement, there has been an almost constant growth in population. The largest percentage of growth occurred between 1850 and 1856, when the increase was 169 per cent. Between 1840 and 1846, the rate of increase was 138 per cent. In 1840 the census gave the total population as 43,112; in i860, 674,913; in 1880, 1,624,615; in 1895,2,058,069; in 1900,2,231,853; and in 1905, 2,210,050. 1 04 . The Early Modes of Travel. — The settler came to Iowa from the States east of the Mississippi river as soon as the treaties with the Indians permitted. There were no public roads, and he did not wait for Governmental enterprise to open the way. He came in the traditional covered wagon, with his household goods and his little store of money and of live stock, and opened up a farm and built his own house. There were no Government roads, and, as there are few rivers GROWTH, DEVELOPMENT, AND CHANGE 121 of any size, it was possible to cross the State in almost any direction with very little trouble. The Mississippi river was his means of reaching market with his produce, and the Government stage coach transferred the mail and the passengers at stated inter- vals, to the limits of civilization from the cities on the Mississippi border. 105 . Urban Population. — The people of this State are chiefly devoted to farming and grazing. The kind of crops raised, as well as the kind of live stock that is most successfully produced, are adapted to the conditions imposed by nature. There are no very large cities in the State, such as most of the other great States of the Union have, the most populous cities having less than 100,000. In 1880, Iowa had nineteen cities with a population of 4,000 or more; in 1905 there were thirty- seven cities of such grade of population. The urban population has been continually on the increase, and the census of 1905 shows that 48.3 per cent of the people live in cities and towns. This development is due to the better school facilities of the towns, to increase of wealth, and to the growth of manufacturing, mining, and other industries. 106 . The First Effects of the Railway. — The covered wagon of the mover, the freight wagon of the teamster, and the stage coach did not long hold the supremacy they had held in older states. Good public roads, such as are common in the older com- munities, did not become a necessity in Iowa, as the construction of the railways early brought every man a home market for his produce, and deferred the proper grading and paving of highways to a later time. 122 HISTORY OF IOWA Few States were slower to make adequate provision by law for the development of good public highways, and it is only recently that much interest in such improve- ments has been aroused. 1 07 . Railway Building. — The first railway was begun in 1854. The close of the year 1855 found sixty-seven miles in operation. At the opening of the war of 1861, there were but 331 miles constructed, but when peace came in 1865 there were 847 miles of railway in Iowa. Then came the era of specula- tion and railway extension that projected lines, here- tofore unthought of, and caused railways not to fol- low but precede the settlement of the country. Parts of Iowa were so far from market and so poorly sup- plied with fuel and means of subsistence that it would have taken several decades, without the railroad, to do what was accomplished in a few years with its aid. The year 1875 closed with 3,765 miles in operation, the year 1885 with 7,496 miles, the year 1895 with 8,481 miles, and the year 1905 with 9,853 miles, so that every county and almost every town and hamlet has at present daily mail and regular passenger and freight communication through the steam railway. 1 08 . State Control of Railways. — The railways became, as a matter of course, a prominent factor in the industrial development and the material progress of the State. They were constructed by United States donations of land, by contributions of the people, by taxes voted upon townships by the electors as an aid to encourage construction and development, and by money obtained by selling bonds in eastern markets. While they were mostly local and State enterprises in TEMPORARY CAPITOES OE IOWA. 1. Belmont, 1836. 3. Iowa City, 1841. 5. Des Moines, 1858. 2 Burlington, 1837. 4. Iowa City, 1842. 6. Des Moines (as remodeled), 1868. 124 HISTORY OF IOWA the beginning, in the course of a few years their prop- erty passed into the control of interstate corporations and great discriminations, as to rates charged for traffic, became common. As a consequence, the State undertook the control of the business of these corpor- ations so far as compelling equity and reasonable ser- vice at reasonable rates was concerned, and enacted laws and appointed commissioners, who, as officers of the State, were entrusted with the adjustment of these differences between the corporations and the people. Out of this has grown a State system that is among the most progressive and the most equitable that at pres- ent exists in any State. Iowa was a pioneer in the method of control of railways, in force within her bor- ders, and time will prove the benefit of this system to both railways and the people they serve, as when the legal principle of State control has been established, the settling amicably the many problems of modern transportation can be satisfactorily accomplished. 1 09 . Iowa’s Capitals. — i . Belmont, Iowa county, Wisconsin, in 1836, was the first capital of any organ- ized government in which representatives elected by the people, in the country west of the Mississippi river, sat as legislators. The site of this town is now in La Fayette county, Wisconsin, as the old town was long since abandoned. Here Governor Henry Dodge ad- ministered the oath of office to those who considered the problems of Iowa people, and here it was decided to move the capital of Wisconsin Territory to Burling- ton (Iowa), and to locate the permanent capital at Madison (Wisconsin). 2. Burlington became the capital by being able to GROWTH, DEVELOPMENT, AND CHANGE 1 25 show that it could count more inhabitants, even if it did not have them, than its rival, Dubuque. The legislatures of 1836 and 1837 °f Wisconsin Territory met at Burlington, and when Iowa became an organ- ized Territory in 1838, it remained the capital until 1841, when the seat of government was moved to Iowa City. 3. Dissatisfaction with this location caused the first Territorial legislative assembly to order that a new capital, to be called Iowa City, should be selected in the wilderness, and a permanent building erected. This led to the construction of a stone capitol, now the central building on the State University grounds. In this capitol ten regular legislative sessions were held and three constitutional conventions. Much of the history of the State, during the formative period, is centered about this building in Iowa City — the first capitol of the State. 4. In 1857 Iowa City had also become remote from the center of population, and hence the capital was removed to Des Moines — the final home of organized State government. Here was erected first a temporary capitol, and afterwards the permanent capitol at a cost of more than $3,000,000. It is worthy of note that in the long time devoted to the construction of this magnificent building, there was not a single transaction that was not honest and worthy of being approved by the people. Hence the State has a remarkably fine capitol, considering the amount of money expended, and it is also a monument to the integrity and fair dealing of the architects and builders. I I O. The Policy of the State as to Debt. — Early 126 HISTORY OF IOWA in the State’s legislation, a small loan of money was made to maintain the government and float the debt that had accrued. During the war of 1861, the State increased its indebtedness by making a loan for a war and defense fund. Excepting these two loans, the policy of the State has been not to appropriate any money that it does not have for any purpose. Hence, the most of the years of Statehood is a record of liv- ing within one’s means, and no State debt has been accumulated. Therefore, when financial crises occur in the United States, the people of Iowa do not suffer from financial reverses in the world of commerce and of industry as much as States whose policy is different. III. The Policy of the State as to Public Insti- tutions. — In the beginning Iowa adopted the policy of distributing its public institutions in different loca- tions throughout the State. When new institutions are founded, they are located in places where no State institution at present exists. This policy has had the effect of bringing all the people more or less into sympathy with one or more separate institutions, and, taking into consideration the policy of “paying as we go,” that governs appropriations, Iowa has notable and great institutions, all of which are highly valued and well supported by the people, who are developing them as rapidly as circumstances and the financial policy will permit. These things are a fair index of the progressive spirit of the people, and give much encouragement to hope for future greatness and more effective development. I 12. Political Changes. — From 1838 to 1854, was the era of Democratic party government in Iowa. GROWTH, DEVELOPMENT, AND CHANGE 127 Since 1854, the principles and the ideas of the Repub- lican party have controlled the affairs of the State. The history of these two periods is extremely interest- ing to the student, as it is, thereby, directly associated with development and change in civil government, and shows very plainly the effect of political ideas, and the consequence of political theories, on the man- agement of public policies. Iowa is what she is to-day because of the constitutional and the legislative construction that the dominant principles of both of these historical periods produced. The study of Iowa civil government will establish this fact and lead to valuable and useful conclusions. I 13 . Productions. — The soil of Iowa is all pro- ductive. There is scarcely any waste or swamp land within its borders. There is scarcely an acre that could not be used to help support human life by giving food, as a return for reasonable effort. Agricultural pur- suits, therefore, occupy the majority of the people, though urban population and manufacturing are gradu- ally increasing. There are no people in the world that, as a whole, are better fed and clothed and should therefore be happier than the people of Iowa. The chief staple is corn, Iowa being the first State in the Union in the quantity of its production. The United States Department of Agriculture reports that Iowa in 1906 had 9,450,000 acres of corn and that the crop amounted to 373,275,000 bushels — one eighth of the amount produced in the whole coun- try. The second staple is oats, in which Iowa is also the first State in the Union, the acreage of 1906 being 4,165,000 and the product 140,777,000 bushels. 128 HISTORY OF IOWA Wheat was formerly produced quite generally, but has gradually declined, as it has not been profitable com- pared with stock raising and the raising of corn and oats. The year 1906 gave wheat an acreage of 585,660 and a production of 9,212,218 bushels, Iowa being the twenty-second State in the Union in the production of this cereal. 1 1 4 . Mining. — Thirty of the counties of Iowa are in the bituminous coal region, and mining is, there- fore, a large industry, some 17,000 men being em- ployed in this occupation. About 350 coal mines are in operation, with a yearly output of about 7,000,000 tons, valued at more than $10,000,000. In addition to coal, building stone is found in abundance in nearly every part of the State. There are about 275 quarries in operation, and the yearly output exceeds $600,000 in value. The mineral products of Iowa in- clude also a large amount of gypsum and a little lead and zinc. But the total value of all mineral products of the State is small in comparison with the value of her crops and live stock. 115 . Live Stock and Dairy Products. — This State is successful in the production of cattle, horses, hogs, sheep, and poultry. The total value of the cattle at the begin- ning of the year 1907 was $140,057,600; of horses, $139,178,490; of hogs, $81,552,750; of sheep, $3,747,- 574. The State developed its dairy industries with great rapidity. In 1875 the entire output was 37,862,540 pounds of butter and 1,154,803 pounds of cheese, while at the close of twenty years, the census (1895) gave the figures 93,520,914 pounds of butter and 4,628,240 pounds of cheese as the year’s product. Ten years later GROWTH, DEVELOPMENT, AND CHANGE 129 the census reported a year’s product of 71,181,766 pounds of butter and 2,829,745 pounds of cheese. There were 655 creameries in 1905, with a capital of $2,919,092, while 1,160 persons had permanent employ- ment in this industry, the value of butter manufactured for the year being $14,330,754. At the same time there were 48 cheese factories with an output of product valued at $282,078. I 1 6 . Public Education. — It can be truly said that the legal foundations of common schools in Iowa were laid by the Ordinance of 1787, which declared that “ schools and the means of education shall for- ever be encouraged.” This Governmental pledge belonged to the Territory of Wisconsin, as one of the divisions of the Northwest Territory. Iowa was for a time a part of Wisconsin, and the Organic Act that created Iowa Territory, separating it from Wisconsin, declared that “ its inhabitants shall be entitled to all the rights, privileges, and immunities, heretofore granted and secured to the Territory of Wisconsin.” These fundamental beginnings on the part of the United States Congress were followed very auspiciously by the message of Governor Lucas in 1838, in which he recommended, “the establishing at the commence- ment of our political existence of a well digested system of public schools. ’ ’ I I 7. The First School Provisions. — With these preliminary conditions, and with a people already anxious for education, it was but to be expected that the First Legislature would provide a law authorizing the organization of public schools. This law went into effect January 1, 1839, and provided that the HISTORY OF IOWA r 3° schools should be opened to free white citizens between the ages of four and twenty-one. It was not very complete, as these legislators were not much experi- enced in law making, and they did not have a single statute of other States at hand to copy and revise, but it was a good beginning, and showed that the spirit within them was in harmony with the famous Ordinance of 1787, and the Organic Act that created Iowa Territory in 1838. The governor had recom- mended a township system, but the law provided for a district system, the legislature considering that plan of organization more practical at that time. It still is maintained in the majority of Iowa communi- ties, although State superintendents of public instruc- tion and prominent educators have universally recom- mended a change to the township system. I 1 8 . The Constitutional Provisions. — The Con- stitutions of 1844 an d 1846 both had an article concerning education and school lands, provided for “the appointment of a Superintendent of Public Instruction,” and also that “the Legislature shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improve- ment.” It also provided, that “ the proceeds of all lands that have been or hereafter may be granted by the United States to this State for the support of schools, and the five hundred thousand acres of land granted by Congress to the new states, and also sec- tion sixteen in every congressional township, shall be inviolably appropriated to the support of schools throughout the State.” Again it provided that “the Legislature shall provide for a system of common GROWTH, DEVELOPMENT, AND CHANGE I3I schools by which a school shall be kept up and sup- ported in each school district at least three months in every year.” Again it states that ‘‘the Legislature shall provide for the establishment of libraries as soon as the circumstances of the State will permit.’’ I I 9. Early Method of Support of Schools. — In the beginning, schools were supported by rate bills paid by the patrons, the school-houses being erected by public taxation. With the development of the State and the demand for better schools, the system of support naturally became a part of legislation. Janu- ary 15, 1846, it was provided by law that the schools could be supported by the assessment of a school tax, but even then the amount able to be raised was not sufficient, and it was supplemented by a rate-bill system. Governor Grimes, in 1854, in his first mes- sage, advocated such amendment to the laws as would make the public schools absolutely free to the patrons, allowing the taxable property to pay the necessary expenses. 120. The Public School Strengthened. — The legislature of 1854 therefore revised and improved the school laws, giving the people and the school board increased authority and a larger support fund to pay teachers and contingent expenses. Many of the school districts, particularly of the cities, at once took advantage of the new law, and rapid progress occurred at once in public elementary education. The city superintendent and the high school also now appeared, the honor for the first of each of these belong- ing to Dubuque, who established the office and the school in 1856. The city training school for teach- 132 HISTORY OF IOWA ers appeared in Davenport the following year, to- gether with the employment of its first city superin- tendent. 121 . The State Board of Education. — With the constitution of 1857, there came a modification of the State system. The State board of education assumed control, and the office of State superintendent of pub- lic instruction was abolished. This board was a use- less and powerless body, because, while granted legis- lative power, yet the legislative assembly was able to repeal any legislation performed by the board of edu- cation, and hence this conflict in authority prevented any results of any importance. As the constitution permitted a change without admendment, the general assembly abolished this board March 23, 1864. During the existence of this board, the Secretary of the Board of Education had been substituted for the office of superintendent of public instruc- tion, but the law of March 23, 1864, again restored the original office of superintendent of public instruc- tion. 1 22 . Horace Mann and Iowa. — The codifying of the school laws became a prominent question as early as July 2, 1856, when the condition of affairs caused Governor Grimes to recommend that three competent persons be selected to revise all the laws on the sub- ject of schools and school lands, and make report to the assembly. This suggestion became a law July 14, 1856, and the governor appointed Horace Mann of Ohio (late secretary of the State board of education of Massachusetts, and one of the most prominent edu- cators in the Union), Amos Dean of New York (acting GROWTH, DEVELOPMENT, AND CHANGE 1 33 chancellor of the State University of Iowa) and F. E. Bissell (an attorney of Dubuque), the commissioners. The work desired was promptly done, and a report made to the assembly through the governor ; but no action was ever taken on it as a whole, though some use was doubtless made of the same, in constructing the law of March 12, 1868, since a number of the recommended features were adopted. This law pro- vided for a county superintendent of schools, for a county teachers’ institute at the expense of the State, recognized the State University as the head of the public educational system, and provided for the opening of a normal department in connection with the University that would grant free instruction to teachers. In 1874, the institute system was modified by continuing the State appropriation of $50 for each county each year, increasing the power of the county superintendent in regard to the management of institutes, providing for the holding of normal institutes annually, when the schools were not in session, and providing a fee of one dollar for each examination for a teacher’s certificate, and also the fee of one dollar for enrollment as a member of an institute; thus creating a fund for the support of these valuable summer schools for teachers. Great benefit has been derived from these means, of preparing of a corps of teachers for the public schools of the State. I 23. Education not Supported by Public Taxa- tion. — Outside of the public schools and higher State educational institutions, there are colleges, seminaries and parochial schools supported by churches and other benevolent organizations. There are more than 250 such schools, employing over 2,000 instructors, of whom half are of strictly collegiate grade. They enroll over 40,000 students, and each year graduate more than 3500. *34 HISTORY OF IOWA 124 . Other Educational Influences. — Under the laws of the State, free public libraries can be estab- lished in cities and towns. Many such libraries are in existence, reporting about 600,000 volumes. The State library has over 90,000 volumes and is one of the best law libraries in the Union. There are pub- lished in the State more than 1,000 periodicals and newspapers, with a circulation of about 2,750,000 copies. The teachers’ institutes and conventions and also the farmers’ institutes are useful as educational agencies. Such organizations are authorized in every county, and can hold at least an annual session, and are encouraged and financially aided by the State. 125 . State Board of Control. — From time to time the State has provided institutions for the insane, the reform and correction of offenders, the education of the people, and the care or training of the unfortunate and deficient classes. (Chapter IX.) As these institutions were founded, the several legislatures provided some system of management by the creation of a separate board for each one, whose duties and membership were regulated by the character and the mission of the insti- tution established. This system of organization was a source of much trouble to the several State officers in making their biennial reports to the governor, and also was unsatisfactory to the general assembly because of the difficulty to know the comparative needs of these institutions in providing for their support and main- tenance. Hence, in 1898, the twenty-seventh general assembly abolished the several separate systems of independent management and organized a new system under one single management, the Board of Control of GROWTH, DEVELOPMENT, AND CHANGE 135 State Institutions, often called the “ State Board of Control.” This board *was granted complete author- ity regarding the management of all the State institu- tions excepting the university, the agricultural college, and the normal school, over which institutions it has supervisory control. It was thought best to leave the internal management of the educational institutions to their respective boards as they formerly existed, but to include them under the Board of Control so far as the financial management of their affairs is concerned. This Board of Control, consisting of three members appointed by the governor with the approval of two- thirds of the Senate in executive session, assumed authority July i, 1898. PART II CIVIL GOVERNMENT OF IOWA CHAPTER XI LOCAL GOVERNMENT 1 26 . The Formation of the American Union. — The United States is one nation made by the volun- tary union of many States. Its motto, E pluribus Unum, one from many, describes its peculiarity in this particular. At the close of the Revolution, the thirteen American Colonies, having secured their inde- pendence of English control, might have become thirteen separate States, each independent of the others, like the several States of continental Europe; but, realizing that there is strength and safety in union, they agreed to unite under a central govern- ment. In forming this union, they did not give up all their rights as States, but simply agreed upon the rights which they would resign and the authority which they would grant to the Central Government. 127 . The Constitution. — This agreement is re- corded in the Constitution of the United States, and can be changed only by the formal consent of three- fourths of the States composing the Union. (Consti- tution of the United States, Art. V.) The powers which belong to the Central or Federal Government 136 LOCAL GOVERNMENT *37 are, then, only such powers as are granted to it in the Constitution. The Constitution is the fundamental law of the land, on which all other laws must be based. The Federal Government may make such laws and treaties as are consistent with the Constitution, and the Constitution, laws, and treaties of the United States are the supreme law of the land. (Constitution of the United States, Art. VI., 2.) We have then the following outline: The Supreme Law of the land, comprising: 1. The Constitution or fundamental law. 2. The United States laws or statutes. 3. Treaties. 1 28 . The Reserved Rights of the States. — The powers not resigned by the several States, or granted to the General Government, are retained by the States. (Constitution of the United States, Amendment X.) The State may, then, exercise any power not inconsis- tent with the supreme law of the land. Anything which is inconsistent with the Constitution is said to be unconstitutional , and any act or law pronounced unconstitutional by the United States Supreme Court is null and void. The Supreme Court cannot decide upon the constitutionality of a law unless some one suffering under that law appeals to that court against the enforcement of the law. The late decision on the income tax law, by which it was declared unconstitu- tional, is an example illustrating this fact, (Read Current History , Vol. IV., p. 537, and Vol. V. pp. 271-284.) There are now (1908) forty-six States in the Union. Our own State, Iowa, is one of these, having been admitted into the Union in the year 1845, 138 CIVIL GOVERNMENT OF IOWA (31-40).* Every state has its own constitution, adopted by the people of the State and approved by Congress. (Constitution of United States Art. IV., 3, 1.) These constitutions must, of course, be con- sistent with the Constitution of the United States, and must insure a republican form of govern- ment. (Constitution of the United States, Art. IV., 4> 1.) 1 29 . The State Divided into Counties and Townships. — Every State is divided into counties for governmental purposes. In Louisiana these divisions are called 4 ‘ parishes. ’ ’ Iowa has ninety-nine coun- ties, and each county is divided into civil townships for the purposes of local government. Besides the civil townships, there are congressional townships and school townships. We have then: 1. Congressional townships, for the purpose of locating land. 2. School townships, for school purposes. 3. Civil townships, for local government purposes. 130 . The Congressional Township. — This has its origin in the land ordinance of 1785 (297), and is the result of a system of surveys ordered by the Fed- eral Government in all the new territory belonging to the United States at the close of the Revolution. '"These Congressional surveys are not found in the thir- teen original States, as they had their land all surveyed and recorded at the county offices by the old-fashioned system. This is also true of Tennessee and Kentucky. Texas came into the Union with a system of surveys * Figures refer uniformly to paragraphs in this work, unless other- wise stated. LOCAL GOVERNMENT 139 of its own, and parts of New Mexico and California, when annexed to the United States, had the old Mex- ican basis of land ownership. The other new States have Congressional surveys and townships. 131. The Plan of the Survey. — A line is located, running due north and south, called a principal meridian, and a line at right angles to this, called a base line. Lines are surveyed parallel to the base line, six miles apart, and other lines, six miles apart, DIAGRAM TO ILLUSTRATE THE LOCATION OF LAND BY CONGRESSIONAL TOWNSHIPS. Township 3 North Township 3 North MERIDIAN Township 2 North BASE PRINCIPAL Township 1 North LINE Range 3 West Range 2 West Range 1 West x 8- b. iZ Range 1 East Range 2 East 0 5 4 3 2 1 Tp. 2 S. 7 8 9 10 11 12 18 17 16 15 14 13 Range 3 W. 19 20 21 22 23 24 30 29 28 27 26 25 31 32 33 34 35 36 140 CIVIL GOVERNMENT OF IOWA parallel to the principal meridian. (See diagram.) This divides the land into squares six miles on a side, which are called townships. The whole row of townships just east of the principal meridian is called range one east, and other ranges are numbered as shown in the diagram. In each range the township just north of the base line is called township one north, the one just south of the base line is called township one south, and so on. A little study of the diagram will enable one to locate Location of six of the Principal Meridians and their Base Lines for Congressional Township Surveys. any township in the system. There are twenty-four principal meridians, six of which are known by number ; the rest have received special names, such as Salt LOCAL GOVERNMENT 141 Lake meridian. The first principal meridian was established on the border line of Ohio and Indiana, the second in Indiana, the third and fourth in Illinois. The fifth, beginning at the junction of the Mississippi and Arkansas rivers, runs north through Arkansas, Missouri, and Iowa, and serves as a basis for the sur- veys in those States and Minnesota. The base line for this meridian passes through the junction of the St. Francis and Mississippi rivers in Arkansas. The sixth principal meridian is in Kansas and Nebraska. Correction Lines: All lines surveyed north and south will, of course, if extended far enough, meet at the north pole. These north and south lines therefore 142 CIVIL GOVERNMENT OF IOWA converge, making the townships a little narrower as they are further and further north. To avoid this shrinkage in width, the surveyors make what are called correction lines, occasionally starting the surveys anew, and making the south line of the new township full six miles in length. There are four such correc- tion lines in Iowa: one on the southern boundary, one through Des Moines, one running through Independ- ence, in Buchanan county, and one along the northern boundary of the State. The preceding figure illustrates the necessity for these correction lines. (Of course the convergence is exaggerated in the figure). 1 32 . The Division of the Township into Sec- tions. — The township is divided into thirty-six squares, one mile on a side, called sections, and numbered as in the figure below. Each section is divided into halves, quarters, and smaller divisions, for the location of farms. This plan is illustrated and explained in the figure (p. 143), and should be made thoroughly familiar to the pupil. 1 33 . The School Township. — The school town- ship, often called tbe school district, must coincide in area with the civil township, except as independent districts encroach upon its boundaries. * (134.) 1. The school township is divided into sub-districts, and the board of school directors of the district con- sists of one member from each sub-district with one director at large if necessary to make the whole number odd. Code § 2752 and Laws of 1898. These directors are elected for a term of one year. * Exceptions also occur in case of intervening obstacles, such as streams. Code § 2743 note and § 2791. LOCAL GOVERNMENT 143 TOWNSHIP 89 N., RANGE 14 W., DIVIDED INTO SEC- TIONS AND QUARTER SECTIONS. 0 5 n 4 3 2 Sec. 1 7 8 9 10 11 12 18 17 School 16 Land 15 14 13 19 20 21 22 23 iHH 2 4 30 29 ^ 2^28 wm 27 26 25 31 32 33 34 35 36 The darkened part of section 24 would be described as the N. W. % of Sec. 24, Tp. 89 N., R. 14 W., of the 5th Principal Meridian. The darkened part of section 25 would be described as the N. E. ]i of the N. E. X of Sec. 25, Tp. 89, N., R. 14 W., of the 5th Prin- cipal Meridian. The darkened part of section 28 would be described as the N. l / 2 of the S. W. X Sec. 28, Tp. 89 N., R. 14 W., of the 5th Princi- pal Meridian. Note. — A large map is published by the Federal Government, showing all the Congressional surveys in the United States. By means of this map, students may locate any city or village in his own or any other State where Congressional surveys exist. Smaller maps of Iowa can be purchased giving the surveys for Iowa, and a student should practice locating the towns of Iowa. We would suggest the location of the following cities: Atlantic, Boone, Burlington, Cedar Falls, Clinton, Cedar Rapids, Council Bluffs, Charles City, Creston, Des Moines, Dubuque, Fort Dodge, Grinnell, Indianola, Iowa City, Keokuk, Le Mars, Marshalltown, Oskaloosa, Ottumwa, Sioux City, Waterloo. Webster City, and Winterset. 144 CIVIL GOVERNMENT OF IOWA 2. The officers of the board of directors are a presi- dent, elected by the board from its own members at the annual organization meeting, and a secretary and a treasurer who are elected by the board from outside its membership.* The president acts as chairman of the board, signs all contracts with teachers, draws all drafts for county money, and signs all orders on the treasurer. The secretary keeps a record of the proceedings of the board, makes a report to the county superintendent, countersigns all orders on the treasurer, and keeps an account of the expenses of the school township, report- ing the same to the board. 3. School Funds. — The school moneys are kept in four separate funds, the teachers’, school house, school building bond, and contingent funds. The treasurer keeps a separate account with each fund, and the secre- tary draws from each, as the case may demand, having a check-book for each fund. 4. Independent Districts. — Besides the school township, there are various kinds of independent dis- tricts. Independent districts in cities of the first class and in cities under special charters have a board of directors consisting of seven members. Independent districts in cities of the second class, towns and villages have boards of five members, and rural independent districts have boards of three members as a rule, but five in districts which were formerly allowed six. (Code § 2754 as revised by the Laws of 1898.) * In districts composed in whole or in part of towns or cities, the treasurer is elected by the people for a term of two years. (Code § 2754 as revised by the Laws of 1898.) CHAPTER XII TOWNSHIP GOVERNMENT 134 . The Civil Township. — The State govern- ment, with certain restrictions laid upon it by the State constitution, and, of course, by the United States su- preme law, has complete control of the county and township; but the State legislature has by law allowed the local governments much discretion in the manag- ing of local affairs, only prescribing the general plan of government in each. Every county is divided into civil townships for purposes of government. The number and boundaries of these townships are deter- mined by the supervisors, and may be changed by the supervisors when occasion demands it. See map of townships in Black Hawk county (158). “If the con- gressional township lines are not adopted and followed, the board shall not change the lines of any civil town- ship so as to divide any school township or district, unless a majority of the voters of said school township or district shall petition therefor.” Code § 551.* If there be within the limits of any township an incor- porated city or town of over fifteen hundred inhabitants, such city or town may, on the petition of a majority of the voters in the rural part of the township, be set apart by the board of supervisors as a separate town- ship. Code § 554. 1 35 . Officers of the Civil Township. — As a rule, * References to the Code are uniformly to Code of Iowa , 1897. 145 146 CIVIL GOVERNMENT OF IOWA any legal voter is eligible to any local or county office. The eligibility of women to certain offices, notably the county superintendency of schools, has been formally recognized. The requirements in candidates for the various State officers will be mentioned in the proper place. The officers of the civil township are given in the following table : TOWNSHIP OFFICERS. NAMES OF OFFICERS. NO. TERM. HOW PAID. HOW CHOSEN. Trustees 3 2 yrs. Per diem & fees. By the people. Clerk 1 2 yrs. Per diem, per- centage, fees. By the people. Assessor 1 2 yrs. Per diem By the people. Superintendents of Roads * Per diem By the trustees. Constables 2 2 yrs. Fees to a lim- ited amount. . By the people. Justice of the Peace 2 2 yrs. Fees to a lim- ited amount. By the people. *Not more than four. When a city or incorporated town is situated in a township, the township may order the election of one or two additional justices and constables, and at least one justice and one constable must reside in the town. The rural part of the township and the municipality must have separate assessors, each choosing its own officer. If a person refuses to serve when he has been elected to a township office, he must forfeit the sum of five dollars to the use of the school fund, but he can- not be required to serve as a township officer two terms in succession. Code , § 575. 1 36 . Bonds. — Most officers of the State and local TOWNSHIP GOVERNMENT 147 government, have to give a bond for the faithful per- formance of their duties; that is, they have to find some one who will sign an agreement to pay to the State a certain sum of money, if it is needed to make good to the State, county, or township any loss caused by the unfaithfulness of said officer. Of late years there have been formed great fidelity companies ( Code , § 360), like fire insurance companies, which will give such a bond for any man of good standing, if he will pay them a certain sum, small in a single case, but affording a large revenue in the aggregate. This plan has proved a very good one for all parties, and such a bond is coming to be preferred to a private bond inasmuch as it is a purely business affair, and the company is personally interested to capture the crimi- nal in case a fraud is perpetrated by an officer for 'whom the company has given its bond. The gover- nor, lieutenant governor, members of the General Assembly, judges of courts, county supervisors, town- ship trustees, and aldermen and councilmen of towns and cities are not required to give bond. All other civil officers, except as especially otherwise provided, must give bond. Code §§ 1182-1183. 137 . Remuneration. — The civil officers of Iowa are paid in various ways: first, by yearly salaries; second, per diem (so much a day for actual work); third, by fees, or specific sums for specified services; and, fourth, by a percentage on collections. It is hardly worth the effort required to memorize the ex- act amounts paid in each case, but it may be well to keep in mind the way in which each officer is paid, whether by fees or salaries. 148 CIVIL GOVERNMENT OF IOWA 138 . Township Elections. — Most of our civil officers are chosen at the general election, which occurs on the Tuesday following the first Monday in November — in even-numbered years only, since 1904. The officers of our cities and towns are selected at the municipal elections on the last Monday in March. The school elections of the township are held on the first Monday in March; those of the independent districts are held on the second Monday in March. 139 . Duties of Township Trustees. — The township trustees have two regular meetings each year, and as many other meetings as may be necessary. One regu- lar meeting is on the first Monday in April, or as soon thereafter as the assessment book is received by the township clerk; and the other is on the first Monday in November. Among the important matters in local government with which the township trustees have to do, we call attention to the following : (6.) Fences, (7.) Public money, (8.) Public buildings, (9.) Public grounds. (1.) Taxes, (2.) Public highways, (3.) Elections, (4.) Health, (5.) Poor, i. The township trustees levy the road taxes. Their levy is based on the estimated need of road scrapers and graders, lumber, and other material, and the amount of labor needed to keep the roads in good condition. This levy is made at the April meeting of the board. At this meeting also the trustees sit as a board of review for the equalization of taxes between individuals, as stated below (144). TOWNSHIP GOVERNMENT 149 2. The road tax is collected by the county treasurer, and turned over by him to the township clerk. The law also requires each able-bodied male resident of the town between the ages of twenty-one and forty-five, to give two days’ labor upon the roads each year. The township trustees direct the expenditure both of the labor thus owing to the town, and of the money raised by the road tax. They may have the work on the roads done by contract, or they may appoint one or several superintendents of roads to oversee the work, under their direction; or they may have part of the work done by one method and part by the other. But they must cause both the property and the poll road tax to be fairly expended for road purposes in the entire township. This plan of working the roads is called the one-road- district plan. It was first made legal, at the option of the trustees, by the twentieth general assembly, and in 1903, by act of the twenty-ninth general assembly, it was made compulsory in all townships. Before that time, the trustees had divided the township into a number of road districts, and each district had its own road super- visor, who had charge of the roads and was nearly independent of the township trustees. The new plan is a step in the direction of securing better roads throughout the State. (See Diagram, page 154.) 3. The trustees determine the place of holding elec- tions, act as judges of elections (215), and canvass the results, reporting the same through the clerk to the county auditor for the inspection of the supervisors, who are the canvassing board for the county. The boards of supervisors of the various counties report to 150 CIVIL GOVERNMENT OF IOWA the executive council at Des Moines, who make an abstract of the returns from the counties and give the official report of the results of the elections. The accompanying table on the next page gives a consolidation of the votes of Black Hawk county in the general election of 1893. 4. As a board of health for the township, the trustees pass regulations touching nuisances and all sources of disease, including rules for quarantining persons afflicted with contagious diseases. 5. They act as a board of overseers for the poor, making suitable provision for the unfortunate who are suffering for lack of the necessaries of life. If proper provision is not made by the trustees, the matter may be referred to the county supervisors, who have final control in the matter. All bills are paid by the county. In many counties, a poor farm is established for the purpose of caring for such indigent people. If parties from other counties or other States move into any county, and give evidence of inability to care for themselves, they may be warned to return to their own homes ; but, if not warned within a year after their arrival, they obtain residence in that county and must be cared for there. If, having been warned within the year, they do become dependent upon the county, they may be returned to their home county at the ex- pense of that county. 6. The trustees are ex-ojjiciis the fence viewers of the township, with power to settle disputes over partition fences. 7. The trustees must exercise careful supervision over the spending of public money. At their Novem- VOTES OF BUCK-HAWK COUNTY IN THE GENERAL ELECTION OF 1693. TOWNSHIP GOVERNMENT I 5 I 3 O J •uo;;na i a .cooieoao — tp — Tp©4 TP — CO • 04C04> • • — — -k© -04 | I" Q fc » £-* 0-* 05 0500 04COl> — 00 oooeo — Tp CO ©4 — 05 04 CO TP — CO i>- — o — 04 O CO CO TP CO CO GO 1 J>OOt>kO©4I>CO©kOCOGOi> 1 >c X 04 1 04 < ^ CD1> — C0O5O5O5CO OSCOOOkOkOCOOO — CO 0— — RU* 0 k© 05 00 S3 §22 kOCOQOOkCCX)C0 1^^P — 04 05 1 k© — — — CO '"P ©4 — CC> GO Tp 1 — — 04 — — 04 1 ao c- 1 CO a & •xih iO - CM 04 CO 00 — k© — CO ©4 CO — CO • 04 CO kO • - — — • k© -04 I s « H •MOjpoo.AV • .©CSH - — ©4 ; i — -CO — — CO •— • tP CO — 04 CO — 1 t '- kO & uagctooira COCOOONOJC'^CO 0505 00 ©4 CO i> — GO C— O CO — •'P CO ©4 — 05 CO TP Tp — CO 00 — O —i CO O CO CO tP CO CO GO 4>OOi>k©©4i>CO©k©COOOi> I 05 Of 1 04 §s •nxqBS COCO — C005050504 O5CO00i©kOC©GO — 'P 00 — CO ©4 CO CM CO CO GO 05 CO 04 04 04 04 — TPO500O4TP00COt-Tj*O4O4O5 m — — — C0 tP© 4 — i>COGOTP — — 04 — — 04 11 w § w •X9AJBH kO -OlNMOOi-i^ — Tp ©4 TJ 1 — CO ■ 04 CO O • • — — • k© • 04 | S « . ft- H p P4 •S^99AV . .COO— • t-H — • • <04 ; ©4 : : — CO — — CO • • -TPiO — 04C0 — £ C/3 p H 8 0 'WSSlQ CO CO 00 — 05 i> 1- Tp 05 05 00 04 CO i> — 00 J> GO CO — coco CM — 05 CO CO TP — k© N-OO — 040COCO — -cpCOGO t— OOC-*k©©4fc— CO©k©COGOt> 1 k© X \% Q P •uosniqo'a COCO — C0 05 05 05tP O5CO00k©k©COCO — tPG5 — 00 O) CO ©4 CO 04 04 — k© GO OO O I© GO CO GO TP — 04 05 k© — — — C0TPO4 — t-COQOTP — — 04 — — 04 I CO GO 1 CO pi o lO .©4COCOOO — tP — TP ©4 Tt< — CO — 04 CO i> • • — — • kO -04 1 CO h fc » •uosjapuy : ^ I CO -CO — — CO • • • kO k© — ©4 CO — 1 “° > o 0 •Avo^saa COCOOO — 05©J>C0 05 05 00 04 CO 00 — CO NOW 04 — 00 05 CO CO TP — CO i> ©4 © — O4©C0 tPtPCO 1^Q0 J>OOt>kO©4t~COOkOCOGOt~ 1 S3 05 04 1 04 H P •nBSnna; COCO — C0O5COO5CO 05 CO QO kO k© C© GO — II s — GO 05 CO 04 04 04 04 — TpJ>Q0Ok0C»TPt-TP0404 05 k© — — — COtP© 4 — t>COGOTp — — 04 — — 04 |g 1 CO qpqD^iH i© -©4O4C000 — tp 04 00 04 04 CO CO CO CO Tp k© • — — .CO • tP I s o fc P4 •qdbsof • o •saiog OiONCOOOOOift 05 CO GO ©4 TP CO — 00 O 04 CO gIS 50 CO 10 r- k© — CO CO©4TPk©©4©COTpk©kOCOOO i>OOt-k©OM>CO©k©COOOt> 1 N S3 1 04 0 •aos^DBf COCOO} — 05t-05CO 05 CO GO l© ui CO GO — 04 00 — CO 04 CO 04 CO 00 CO GO — 04 04 04 04 — e©00O-00i©00C000k©k©©4 00 kO — — 05COTP04 — k-COOOTP — — — — — 04 1 ^ 1 co 152 CIVIL GOVERNMENT OF IOWA ber meeting they settle with the superintendents of roads (if any have been appointed), and each year they file with the county board of supervisors a full and itemized account of all moneys received and disbursed for road purposes during the year. 8. There are, as a rule, no public buildings belonging to the township ; but a law was passed by the twenty- sixth general assembly in 1896, authorizing townships to levy a tax to build public halls in which to hold elections and public meetings. (Code § 567.) When this is done, the trustees have charge of building the hall, but after it is built the township clerk acts as its custodian. 9. In connection with public cemeteries, the trustees have power to inclose, improve, and adorn the grounds, construct avenues, erect proper buildings, and pre- scribe general rules concerning the management of the cemeteries. At their April meeting they may levy a tax for the purchase or maintenance of cemeteries. They also have the power to sell a township cemetery to a private corporation for cemetery purposes. 140 Classification of Trustees. — The board of trustees, as we see from the above, acts both as a legislative and as an executive body. All three trustees are now elected at the general election, once in two years. Before the adoption of the biennial election plan (in 1904), however, they were elected one each year, for terms of three years, and thus a majority of the board were always experienced members. This plan of dividing a governing body into classes with terms of office expiring at different times, is still followed in the board of supervisors and in the State senate. TOWNSHIP GOVERNMENT 153 141 * The Township Clerk. — This officer acts as sec- retary of the board of trustees on all occasions, and consequently is the secretary or clerk of the board of health, the board of canvassers of elections, the board of review of taxes, etc. The clerk also acts as one of the clerks of elections. Immediately after the election of the officers in his township, he sends a written notice thereof to the county auditor, stating the names of the persons elected and the time of election. On the morning of the day of each general election, before the opening of the polls, he must post in the place where such election is held, a statement showing the receipts of money and disbursements in his office, such statement to be certified by the trustees of the town- ship. He administers the customary oath to township officers, judges of elections, clerks of elections, and superintendents of roads before they enter upon the duties of their respective offices. The township clerk acts as treasurer of the township. He handles the money spent on the township roads, and has charge of the books, records, and all township property, such as scrapers and machinery for the repair of roads. 142 - Superintendents of Roads. — By the one-road- district plan, the superintendents of roads are under the direction of the township trustees. They have nothing to do with the collection of the property road tax, but they do direct the working out of the poll tax. Under the old system the road supervisor was also the collector of the property tax in his road district ; and each year the trustees might allow a portion of the property road tax to be paid in labor, and fixed the amount to be allowed for the labor of a man, and for a man and a team. 154 CIVIL GOVERNMENT OF IOWA FORMER ROAD DISTRICTS OF CEDAR FALLS TOWNSHIP, BLACK HAWK COUNTY, IOWA. j tiii i - 2 1 ^ 1 6 6 | 5 j 4 I i 3 UU City of Cedar Falls 7 7 • 8 ! ! | 9 10 11 12 !XII ! i 1 IT 13 R. 13 W 18. ! 17 j L 16 15 14 !xi j 19 ! 20 - — ' - — 1 21 ra ■BBI OQ 24 III 22 p n 1 ! : ! 30 ! 29 ' V j 28 27 v IX 26 25 rzv i 31 i 32 i 1 1 33 1 34 35 30 Township 89 N., Range 14 W., of 5th Principal Meridian. Roman numerals indicate old road districts with boundaries in heavy black lines. Figures indicate sections in the Congressional Township, with boundaries in lighter lines. Notice that the Civil Township of Cedar Falls lies mostly in Con- gressional Tp. 89 N, R. 14 W., but includes sections 6 and 7 of Tp. 89 N, R. 13 W. Notice also that the Municipality of Cedar Falls lies within the limits of Cedar Falls Civil Township, and is entitled to its own constables, justices and assessor. It also controls its own highways, and has a voting precinct in each ward. All property taxes, including road tax, are now payable to the county treasurer at the county seat, but deputies are often appointed in the larger towns, who collect for and report to the county treasurer. The election of TOWNSHIP GOVERNMENT 155 township collectors at the option of county super- visors, as provided for in McClain’s Code of 1888, § 541, is not allowed by the new law. 143 . Constables and Justices of the Peace. — Every township is entitled to two constables, who act as peace officers and serve all warrants 1 for arrest and for search of property, and all notices legally directed to 1 WARRANT OF ARREST. STATE OF IOWA, [ Grundy County, f To any Sheriff, Constable, Marshal, or Peace Officer in the State: Information upon oath having been this day laid before me by .... that the crime of. ' has been committed , and accusing thereof: You are therefore commanded forthwith to arrest the above named and bring before me at my office in or in case of my absence or inability to act , before the nearest or most accessible Magistrate in this county . Witness my hand at the day of. 79 .Justice of the Peace . 156 CIVIL GOVERNMENT OF IOWA them by the trustees, clerk of the township, or any court in the county. They are the regular ministerial officers of justice of the peace. Each township is entitled to two justices of the peace, who try petty cases, having jurisdiction over criminal cases involv- ing not more than thirty days imprisonment in the county jail or one hundred dollars fine, and all civil cases involving not more than one hundred dollars, or not more than three hundred dollars if both parties consent. 1 The justice’s court is not a court of record; he keeps his own records of the proceedings of his court. He also solemnizes marriages. Code § 3145. 144 . Assessor. — One assessor is elected in each township. He receives from the county auditor two assessment books to be kept in duplicate. In these books he enters a list of all property holders and a statement of their property, both real and personal, with the assessed value of the same. By the new law (1897) property is assessed at one-fourth of its cash value. The tax assessor returns one of his books to the board of trustees, who examine it at their April meeting for the purpose of equalizing the taxes among the indi- viduals of the township, and correcting any injustice that may have been done. Anyone feeling that injus- tice has been done him in the assessment, may appeal to the board of trustees at their April meeting, while they are sitting as a board of review. If he fails to do so at this time, he will find that they can give no atten- tion to his protest, and that the other assessment book has been returned to the county auditor as clerk of the board of supervisors, who receive the books from 1 For exceptions see § 305. TOWNSHIP GOVERNMENT 157 all townships, compare the taxes as reported in them, and equalize the assessments between townships. No appeal can be made by an individual to the county supervisor, but appeal may be made to the district courts, within twenty days after the board of review adjourn. (Code, § 1373.) The county supervisors, however, have power to remit the taxes of those who, by reason of misfortune or great indigence, are con- sidered unable to pay their taxes. The county super- visors of each county report to the executive council (260) of the State, who equalize between counties. TABLE SHOWING STATE, COUNTY, AND LOCAL TAXES IN BLACK-HAWK COUNTY, IOWA, 1896. Mills on Dollar Estimated by Levied by STATE TAX. 2.8 Gen. Assem- Gen. Assem- bly. bly. COUNTY TAX. County . 3. 1 County School . 1 . County Bridge . 1 . 6.7 County Su- County Su- County Poor . 1 . pervisors. pervisors. County Insane . .5 Soldiers’ Relief .... . .2 J CEDAR FALLS. School Tax. Teacher’s Fund.... .13 ; 1 Contingent Fund.. . 4.3 .19.9 34.9 School Direc- County Su- School House Fund 2.6 ' ) tors. pervisors. Corporation. General .10 1 I Sinking. . 2 ! L Sewer . 2 15. City Council. County Su- Library . 1 j pervisors. Water Tax. For those within water-limits . 5 5 5. Total Possible 49.4 Most counties have also a poll tax of fifty cents on all male adults. 158 CIVIL GOVERNMENT OF IOWA i 45. Militia. — The township assessor also enters in these books a list of all able-bodied men between the ages of eighteen and forty-five years, as belonging to the State militia and liable to military service. It is from this list that the drafts are made for soldiers in time of war, when volunteers are not numerous enough to serve the needs of the country. Students of United States history will remember the terrible riots in 1863, when President Lincoln ordered a draft from the militia of the United States to aid in carry- ing on the war against the Rebellion. The men between eighteen and forty-five years of age, so ern rolled, comprise the unorganized militia. There is also an organized militia, consisting of the Iowa Na- tional Guard. This includes all military companies organized in the towns and cities of Iowa, under the control of the State and its various military officers. By virtue of their special enlistment, they are liable to be called out by the Governor in time of public danger, but cannot be sent beyond the borders of the State without their own consent. 1 The Governor of the State is ex-officio commander-in-chief of the Iowa militia. The next officer in rank and the active com- mander is the Adjutant General, who also has charge of the State arsenal and grounds, and all military stores and affairs. Honorably discharged soldiers of the United States army, and firemen during active service, and after ten years of such active service, are exempt from military duty under the State. Firemen and members of the National Guard are also exempt from all poll taxes and from jury duty. 1 Except on requisition of the President. CHAPTER XIII MUNICIPALITIES 1 46 . Classification. — Municipalities (cities) are divided into three classes, determined by population. 1. Cities of the first class, with a population of 15.000 and upwards. 2. Cities of the second class, with a population of 2.000 and less than 15,000. 3. (Incorporated) Towns, including all municipal corporations with a population of less than 2,000. Any census taken by the authority of the State, or of any town or city, and duly reported to the secre- tary of state, is the legal basis for classifying the municipality. Towns platted and unincorporated are, by the new law (1897), called villages, but are not ranked as municipalities. 1 47 . The (Incorporated) Town. — When a small settlement begins to build stores, and assume the appearance of a village, it is often thought best to incorporate it as a town, with a government better adapted than that of the township to the social and business relations of the community. The steps necessary are as follows: A petition for incorpora- tion, signed by at least twenty-five qualified voters of the settlement, is presented to the district court, accompanied by a description of the territory to be em- braced in the proposed town, an accurate plat or map of the town, the proposed name, and satisfactory proof of the number of inhabitants within the limits of said 159 i6o CIVIL GOVERNMENT OF IOWA territory. A commission of five members is then appointed by the court to advertise and conduct an election, at which the voters living within the platted territory shall decide, by a majority vote, for or against incorporation. If the vote is favorable, the same com- missioners conduct another election to choose the proper officers, under whom the town government is organized. I48« The Officers of an Incorporated Town.* Officers. Mayor Council Clerk Assessor Treasurer Health Physician Street Commissioner Marshal No. Term. 1 2 years. 5 2 years. 1 Pleasure of council. 1 2 years. 1 2 years. 1 Pleasure of mayor. 1 Pleasure of mayor. 1 Pleasure of mayor. How Chosen. Popular vote. Popular vote. App’nted by council. Popular vote. Popular vote. App’nted by mayor. App’nted by mayor. App’nted by mayor. 149- The Council and their Duties. — The council consists of five trustees elected, under the new law, all together every two years. (Formerly there were six trustees, two being elected each year.) The duties of the council are similar to those of the trustees of the township, except that they have special legislative powers, and do not act as overseers of the poor. .The legislative power of the council is concerned with the local government of the town. The local laws * The municipal officers, terms, etc., on this and the following pages, are given according to the law of 1907, which provided that the new plan should go into effect in 1909, 1910, or 1911, in differ- ent towns and cities. “ All persons appointed to office in any city or town may be removed by the officer or body making the appointment, but every such removal shall be by written order which shall give the reasons therefor and be filed with the city clerk.” Code § 657 as amended by Laws of 1907. Vacancies in any elective office in an incorporated town are filled by the council. Code § 668, (9). MUNICIPALITIES 161 that they pass are called ordinances. The mayor is the presiding officer of the council, with the right to vote only in cases of a tie. He may, however, veto any ordi- nance, if he decides to do so within fourteen days from the time it was passed ; and the council may then pass it over his veto only by a two-thirds vote. (Code, § 685.) Money is drawn from the treasury by order of the coun- cil on warrants signed by the mayor and town clerk. In elections the councilmen and clerk perform duties similar to those of township trustees and clerk. Returns of the general election in November are made to the county auditor, but the returns of the municipal election in March are made to the town clerk, who retains them and the sealed ballots for the six months allowed for contesting an election. The council act as a board of health and in April they sit as a board of review for the equalization of assessments between individuals. The mayor is the chief magistrate of the town. The principal duties of the other officers can be inferred from their titles, and from the table on page 177. The marshal is appointed by the mayor, and may be dis- charged by him. Formerly the consent of the council was essential, but the mayor now has full control of his appointment and removal. By the law of 1907, also, the street commissioner is appointed by the mayor instead of by the council. 150 . Cities of the Second Class. — When there are two thousand inhabitants in an incorporated town, as shown by a State or federal census, it is required to re- organize as a city of the second class. The officers of such a city are quite similar to those of an incorpo- rated town, as shown in the following table : 1 62 CIVIL GOVERNMENT OF IOWA OFFICERS OF A CITY OF THE SECOND CLASS. Officers. Mayor Council* Clerk Assessor Treasurer Solicitor Health Physician Street Commissioner Marshal Term. 2 years. 2 years. * Pleasure of council. 2 years. 2 years. 2 years. Pleasure of mayor. Pleasure of mayor. Pleasure of mayor. How Chosen. Popular vote. Popular vote. App’nted by council. Popular vote. Popular vote. t App’nted by mayor. App’nted by mayor. App’nted by mayor. 151 . Ordinances and Wards. — A city of the second class must have two wards, and cannot have over five. One councilman is elected from each ward every two years, and two councilmen are elected at the same time by the city at large. (Formerly one council- man was elected by each ward annually, and served two years, thus giving cities of the second class a coun- cil half of whose members were always experienced.) Ordinances are passed by the council, subject to the mayor’s veto, just as in the town government (149); and in general the duties of the city officers are the same as those of town officers. The council would seem by analogy to be the proper authorities to act as overseers of the poor, just as the trustees do in the township, but this is not the case. The county supervisors instead appoint an overseer of the poor to act for them in cities, and there are private organizations, such as the Woman’s Relief Corps and the King’s Daughters, that inquire into cases of destitu- tion and give aid to the worthy poor. * One for each ward and two at large. f Popular vote in cities of over 4000 ; appointed by council in smaller cities. MUNICIPALITIES 163 152 . Number of Cities of the Second Class. — In 1905 there were eighty-two cities of the second class in Iowa. Of these Fort Dodge, with a population of 14,369, was the largest, and Valley Junction, with a population of 2009, was the smallest. 153 . Cities of the First Class. — Cities of fifteen thousand inhabitants are required to organize as cities of the first class, and the list of officers varies with the size of the city. The following table shows the princi- pal officers in a city of the first class : OFFICERS IN A CITY OF THE FIRST CLASS. Officers. Mayor Council* Clerk Auditor Assessor Treasurer Solicitor City Engineer Health Physician Street Commissioner f Marshal Police Judge Judge of Superior Court Term. 2 years. 2 years. Pleasure of council. 2 years. 2 years. 2 years. 2 years. 2 years. Pleasure of mayor. Pleasure of mayor. Pleasure of mayor. 2 years. 4 years. How Chosen. Popular vote. Popular vote. By the council. Popular vote. Popular vote. Popular vote. Popular vote. Popular vote. App’nted by mayor. App’nted by mayor. App’nted by mayor. Popular vote. Popular vote. The council passes ordinances as in other municipali- ties, and in general what is said in § 149 applies to * One for each ward and two at large. fin cities that have a board of public works, the street commis- sioner is appointed and removed by this board instead of by the mayor. Such board of public works, consisting of two members appointed by the mayor, is established by law in cities of 50,000 or more, and may be established by the council in cities of 30,000 or over. In cities having more than 20,000 inhabitants there is estab- lished by law a board of police and fire commissioners, consisting of three commissioners appointed by the mayor for terms of six years. Some cities elect three park commissioners. fThis court is established, at the option of the people, in place of the police court in cities of over 4000. 164 CIVIL GOVERNMENT OF IOWA cities of the first class as well as to second-class cities and towns. The council consists of one councilman from each ward and two at large. By the law of 1907 all are elected at the same time, once in two years. (Formerly half were elected each year.) ( 54 - Number. — There were seven cities of the first class in Iowa in 1905. The names of these cities and the population of each is given in the following list : FIRST-CLASS CITIES. 1. Des Moines 75,626 2. Sioux City 40,952 3. Burlington 25,318 4. Council Bluffs 25,231 5. Clinton 22,756 6. Ottumwa 20,181 7. Waterloo 18,071 Several cities in Iowa have governments outlined in special charters granted them by the General Assembly. These cities, with their populations, were as follows in 1905: SPECIAL CHARTER CITIES. 1. Dubuque 41,941 2. Davenport 39,797 3. Cedar Rapids 28,759 4. Muscatine . . . 15,087 5. Keokuk 14,604 6. Wapello 1,393 Cities under Commission. — The thirty-second gen- eral assembly provided that any city with a population of 25,000 or over might by majority vote of the people organize under a new law. This “ commission ” plan of city government includes a mayor and four council- MUNICIPALITIES 165 men elected by the city at large and constituting a coun- cil for the exercise of all the duties and powers of the mayor, city council, various administrative boards, solici- tor, assessor, treasurer, auditor, city engineer, and other executive and administrative officers of a city of the first class. Each member of this council acts as the head of one administrative department of the city gov- ernment. The council is given full powers of appoint- ment and removal of city officers and employees. SUGGESTIVE QUESTIONS. 1. The marshal was formerly chosen by the council, and could be removed only by their votes. Is the present plan an improvement ? 2. What appointing power was granted to the mayor of Brooklyn by the charter of 1882? (Bryce’s Ameri- can Commonwealth , Vol. I., pp. 625-627.) 3. What vital relation is there between authority and responsibility ? 4. What do you know of the municipal reform move- ment ? 5. What of the “ commission ” plan of municipal government? (Read about the government of Galves- ton since the Galveston flood of 1900.) CHAPTER XIV COUNTY GOVERNMENT 155 * County Government. — The State of Iowa is divided into ninety-nine counties. They usually LYON j OSCEOLA j DICKINSON* EMMET j 13494 ; 8827 \ 8130 J 10105 J - | j , 1 MAP OF IOWA JamnnebagoI worth ;mitchell; HOWARD j winne-I ^Showing Counties : 14183 • 13523 sh.ek iALLAMA I L i n I i • J BLACKHAWI^BUCHANANj DELAWARE I DUBUQUEM n. HARDIN ; 6 A U . 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P)C si s * « J ® 3 8^ ‘IP £ -unoo’xg -rj ‘©"b * h O »/— s Swd oj •2 ^ « g g ■§ ^5^-2 S3^ -2 &o»>K5 W W W 3 178 CIVIL GOVERNMENT OF IOWA An appeal may be taken from his decision to the State superintendent. The state provides fifty dollars a year for each county to aid in defraying the expenses of the county institute, and each teacher in attendance pays a membership fee of one dollar. Every teacher pays one dollar for an examination fee, and one dollar a year for the registration of his certificate in the county where he teaches. The county superintendent receives reports from the secretaries of the various school districts, and sends an abstract of the same to the State superin- tendent on the last Tuesday in August of each year. I 7 I a. The County Surveyor. — The surveyor makes all surveys of land in his county, and tran- scribes field notes and plats into a book provided for the purpose. The law holds these records presump- tively correct . He receives a per diem and fees from the person requesting the survey. Code, § 534 and 543 . SUGGESTIVE QUESTIONS. 1. What two types of township government are found in the states west of the Alleghanies ? Hins- dale’s American Government, §§ 80-82, and Fiske's Civil Government, p. 92. 2. What two eastern states furnished these types ? 3. Which state did Iowa follow in her township government ? 4. Which did Illinois follow ? 5. How was the county board of supervisors organ- ized in New York by the law of 1703. Fiske, p. 79. CHAPTER XV STATE GOVERNMENT I 72. The Constitution. — The State government of Iowa is outlined in the Constitution of 1857. The circumstances under which this Constitution was sub- stituted for that of 1 846 have already been described in the history of Iowa (62-64). It opens with what is called the preamble, but is really both a preamble and an enacting clause. It reads as follows : 173. The Preamble. — We, the people of the State of Iowa, 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 establish 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 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 channel of the said Des Moines river ; thence west- wardly along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of main channel of the Missouri river; thence up the mid- dle of the main channel of the said Missouri river to a point opposite the middle of the main channel of the Big Sioux river, according to Nicolett’s map; thence up the middle of the main channel of the Big Sioux river, 179 i8o CIVIL GOVERNMENT OF IOWA according to said map, until it is intersected by the par- allel 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 Mississippi river to the place of beginning. MAP OF IOWA SHOWING THE CONGRESSIONAL DIS- TRICTS FROM WHICH REPRESENTATIVES ARE CHOSEN FOR CONGRESS OF THE UNITED STATES. In connection with the boundaries designated here students of the history of Iowa will do well to review what is said about the Constitution proposed in 1 844 (31-40). The citizens of a proposed state may sug- gest its boundaries, but the Federal Congress alone can determine what those boundaries shall be. Con- gress has power to cut up a territory into several parts, STATE GOVERNMENT 181 making one part a state and reorganizing the rest into a new territory, as was done with the old Territory of Nebraska, which furnished the State of Nebraska and the Territory of Dakota; or it may make two states of one territory, as was done afterwards with Dakota. After a state has once been admitted, Congress has no power to change its boundaries, to make a new state out of part of an old one, or to unite two states in one without the consent of the state or states affected. 1 Twice in the history of Iowa has this state had a dispute with Missouri as to the boundary line between the states, and on both occasions the dispute was referred to the United States courts as the only authority having power to interpret the act of Con- gress by which the boundary line of northern Missouri was determined as stated in the Constitution of that state (25). i 74. The Bill of Rights. — It is very common in making a new Constitution to state in an article by themselves the rights which the government must con- cede to the people. We shall consider this bill by sections : ARTICLE I. Inalienable Rights of Men. — Section 1. All men are, by nature, free and equal, and have certain inalien- able rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness. Notice the similarity of language here and in the Declaration of Independence : ‘ ‘ We hold these truths 1 For the seeming contradiction of this statement, in the case of West Virginia, see Hinsdale’s American Government , Sec. 597. 182 CIVIL GOVERNMENT OF IOWA. to be self-evident, that all men are created equal : that they are endowed by their Creator with certain inalienable rights ; that among these are life, liberty,, and the pursuit of happiness.” 175 . Political Power Inherent in the People. — 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 public good may require it. Political power, or authority over citizens, is nec- essarily derived from those citizens. Notice the three- fold purpose of government. Only the main features of the government are determined by the constitution. A vast number of details are arranged by the General Assembly and described in statutes, which may be changed at any session of that body. 176 . No State Religion. — Sec. 3. The General Assembly shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister, or ministry. The purport of this section may be remembered by the following outline : Religion: 1. Establishment. 2. Prohibition. 3. Compulsion as to (a) Attendance. (b) Financial support. 177 • Religions Tests. — Sec. 4. No religious tests shall be required as a qualification 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, STATE GOVERNMENT 1 83 or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion ; and any party to any judicial pro- ceeding 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 wit- nesses, as provided by law. Will the fact that a man is an infidel disqualify him for the position of district judge ? May a man be refused the privilege of voting on the ground of being an atheist ? May a man be refused as a witness in court because he is known to be openly opposed to religion ? 178 . The Penalty for Dueling. — Sec. 5. Any citizen of this State who may hereafter 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. An accessory before the fact is one who commands or counsels an offense, not being present at its com- mission. An accessory after the fact is one who, after an offense, assists or shelters the offender, not being present at the commission of the offense. (In- ternational Dictionary .) 1 79. Uniform Action of Laws. — 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. This is to prevent partiality toward individuals or corporations. 180 . Freedom of Speech and Press. — Sec. 7. Every person may speak, write, and publish his senti- ments on all subjects, being responsible for the abuse of 184 CIVIL GOVERNMENT OF IOWA that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecu- tions 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 pub- lished with good motives and for justifiable ends, the party shall be acquitted. Does this provision leave any safeguard against the abuse of freedom of speech ? In cases of libel, what consideration is paid to the motives of the accused ? What is the difference between slander and libel ? 181. Security from Arrest and Search. — 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 warrant shall issue but on probable cause, supported by oath or affir- mation, particularly describing the place to be searched and the persons and things to be seized. If there is good reason to believe that a specified article has been stolen and is now concealed in a cer- tain house, no one may enter and make search for the article without securing a search warrant from some justice of the peace or other magistrate. According to the above section, what will the justice require one to swear to before he gives him the warrant ? Gener- ally speaking, a man may not be arrested without a warrant; but there are many exceptions to this, for an officer or even a private citizen may arrest, without a warrant, any party who is caught in the act; or, when the probability of guilt is great, the formality of the warrant is sometimes ignored by the officer making the arrest. May an officer insist on searching any house because there is reason to suspect that some- thing is concealed therein, though the warrant does not specify for what the search is to be made ? STATE GOVERNMENT 1 85 1 82 . Trial by Jury. — Sec. 9 . The right of trial by 'ary shall remain inviolate; but the General Assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due pro- cess of law. If a person is tried by a jury of eleven men without his specific consent to the irregularity in number, the trial is illegal and he is entitled to another trial. (Code, p. 64.) The General Assembly has author- ized a jury of six in a justice court (2 77). 183 . Rights of the Accused. — 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 impartial 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. Prepare a topical recitation on The Rights of the Accused: 1. The kind of trial. 2. The jury. 3. The accusation. 4. Witnesses for and against the accused. 5. Counsel. An impartial jury is secured by the privilege given both to the accused and the accuser, of challenging or objecting to any jurors who may be considered preju- diced. Challenges are of two kinds: 1. Peremptory. 2. For cause. Peremptory challenges are made without giving any reason. Challenges for cause specify why objection is made. The number of peremptory challenges is limited; the causes for which a juror may be chal- 1 86 CIVIL GOVERNMENT OF IOWA lenged are designated in the Code. (Code, § 3688.) If the accused has not the means to pay for counsel, the State must furnish it. 1 84 . Indictment by the G-rand Jury. — Sec. 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprison- ment 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 pre- sentment 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. Public offenses are divided into 1. Felonies. 2. Misdemeanors. A felony is a public offense which may be punished by imprisonment in the penitentiary. All public offenses calling for less severe punishment than felonies are misdemeanors. (Code, §§ 5092-5094.) The word crime is used loosely and may stand for a felony or a misdemeanor. An indictment is a formal accusation by a grand jury, who examine the evidence presented, and by their action determine whether the evidence is sufficient to warrant the trial of the accused by the district court. An indictment is not necessary in cases that may be tried, as above stated, by a justice of the peace, but an appeal is allowed from the decision of the justice in all criminal cases, and in all civil cases involvmg over twenty -five dollars . Notice that cases in the army, navy, or the militia when in actual service, are tried by court-martial, and do not STATE GOVERNMENT 18? require indictment by the grand jury. In time of war or public danger, the indictment is not always required, because public safety may demand summary action, and private rights must temporarily yield to the public good. 185 . Second Trial. — Bail — Sec. 12. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable, by suffi- cient sureties, except for capital offenses, where the proof is evident or the presumption great. There are some apparent exceptions to the first part of this section, as where fraud has been discovered in the trial. 8 86 , Habeas Corpus. — Sec. 13. The writ of ha- beas corpus shall not be suspended or refused when application is made as required by law, unless in case of rebellion or invasion the public safety may require it. Formerly it was common in England to arrest, without real cause, parties who were for any reason obnoxious to the king, and to imprison them indefi- nitely in the Tower of London. The same custom prevailed in France; and the Bastile was often filled with prisoners, many of whom had committed no crime, but were incarcerated for personal or political reasons. Charles Dickens, in his great historical novel, “A Tale of Two Cities, ” has described the libera- tion of such a man, a physician, who had been in solitary confinement for eighteen years. 1 87 . Definition and Illustration. — The writ of habeas corpus is a paper which any one who is imprisoned without cause may have served upon his jailer, requiring that person to bring the prisoner 1 88 CIVIL GOVERNMENT OF IOWA before the judge who has granted the writ, and show why the prisoner is deprived of his liberty. If the jailer does not satisfy the judge, he is obliged to release the prisoner. This writ may be served on any one who is restraining another party for whatever cause. Lately a man and wife were divorced and their son was given by the court to the father, but the mother stole the child and refused to give him up. The father appealed to a judge of the district court, who issued a writ of habeas corpus requiring the mother to bring the child into court, and show by what authority she was detain- ing him. The writ may be issued by any court of a grade superior to that which caused the imprisonment of the party; but as a rule the United States courts cannot interfere with those imprisoned under State laws, unless in cases where the National laws are involved. Neither, as a rule, can State courts issue a writ interfering with the action of Federal courts. Below is a copy of a writ issued by the Superior Court of Cedar Rapids, in behalf of a man who claimed to have been imprisoned without privilege of bail. For obvious reasons we do not quote the real name of the party in the case. Smith & Clemans filed a petition in the Superior Court for a writ of habeas corpus to secure the release of Richard Roe from the county jail at Marion. Judge Stoneman granted the writ, and the order directed to Constable Oxley of Marion reads as follows : “You are hereby commanded to have the body of Richard Roe, by you unlawfully detained, as is alleged in the petition before me, John T. Stoneman, judge of the Superior Court, in and for the city of Cedar Rapids, Linn County, Iowa, at the Superior Court in the city of Cedar Rapids, Linn County, Iowa, on this 10th day of STATE GOVERNMENT 189 February, 1893, forthwith, to be dealt with according to law, and have you then and there this writ, with the return thereon, with your doings in the premises.” 188 . Relation of Military to Civil Power. — Sec. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace; and in time of war, no appropriation for a standing army shall be for a longer time than two years. Art. IV., Sec. 7 ., shows how the military is kept subordinate to the civil power. The last part of the clause is intended to prevent the legislature from supporting a standing army con- trary to the will of the people. 189 . Forced Hospitality to Soldiers. — Sec. 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of tvar except in the manner prescribed by law. Students of United States history will recall how, just before the Revolution, the ‘ 4 populous and com- mercial town of Boston was garrisoned with an army (British), sent not to protect but enslave its inhabit- ants,” and how by that means the “ civil government was overturned and a military despotism erected upon its ruins.” It was quite customary then to force private families to shelter and feed the soldiers o' King George. 190 . Treason. — 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 per- son shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open court. Notice three points in the definition of treason; also four points in connection with conviction. I90 CIVIL GOVERNMENT OF IOWA 191. Injustice and Cruelty to Prisoners. — Sec. 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishment shall not be inflicted. This section prevents unprincipled judges from using extortion and cruelty toward helpless prisoners, a very common practice in olden times. Read the articles on '‘Prisons and Prison Discipline,” in the International Cyclopedia . 192 . Eminent Domain. — Sec. 18. Private prop- erty 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. The right of eminent domain allows the government to require the sale of private property, if it is needed for the public good, not otherwise. This is a funda- mental principle in government. The right is fre- quently exercised in what is called condemning private property to secure a location for a school-house, or to extend a street through a private lot. An appeal may be taken from the decision of the appraising jury to the district court. Explain the last clause of sec- tion 18 . 193 . Imprisonment for Debt. — Sec. 19. No per- son 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. Until the passage of the later bankrupt laws in Eng- land, the prisons of that country were crowded with debtors. A vivid picture of this condition of affairs may be found in the description of the Marshalsea and STATE GOVERNMENT I 9 I other debtors' prisons in Dickens’ 4 ‘Little Dorrit.” The colony of Georgia was planned by Oglethorpe as an asylum for insolvent debtors. With regard to the arrest of debtors, most of the States of the Union have followed the example of New York, where imprisonment for debt, except in certain cases, was abolished in 1831. In case of fraud , the party would be imprisoned for a misdemeanor , and not for debt. Mesne process is the process intervening between the beginning and the end of a suit. Final process is a writ of execution in action at law. (/;/- ternational Dictionary .) 194 , Right of Assembly and Petition. — Sec. 20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives and to petition for a redress of grievances. The industrial armies under Coxey and Kelly in 1894 were cases of assembly and petition combined, but the men composing some of these armies were guilty of many abuses of their privileges while on the march. 195 . Attainder, Ex Post Facto, Etc. — Sec. 21. 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 judicial act passed by a legis- lative body, condemning a man to death or outlawry without a fair trial “ for offenses against the state or public peace,” i.e . , political offenses. In England, bills of attainder were formerly a favorite means of dis- posing of obnoxious noblemen, and of securing large fortunes to the crown. Such acts were accompanied by (1) the confiscation of property, and (2) the forfeit- 192 CIVIL GOVERNMENT OF IOWA ure of all claims to legal rights and protection. By this 4 ‘ attaint ’ ’ or ‘ ‘ corruption of blood, ” the children of the condemned were debarred from inheritance of any property through him. 1 96 . Ex Post Facto Laws. — Ex post facto law? are laws making criminal an act which was not crinr inal when committed, or laying upon an act previously committed a penalty heavier than was required by law when the act was committed. Ex post facto laws are retro-active, but all retro-active laws are nof ex post facto, for the ex post facto principle does not apply to civil cases. 197 . Impairing Obligation of Contracts. — No law may be passed which releases a party from a contract made before the law was passed. Even the Federal Constititution forbids states to pass such laws; and when the State of Tennessee annulled the charter of the city of Memphis, and gave it a new charter, which declared that the city was not liable for any debts contracted under the old charter, the case was taken into the Federal courts, and the char- ter declared unconstitutional in so far as it impaired the previous contracts of the city. 198 . Rights of Foreigners. — Sec. 22. Foreigners who are or may hereafter become residents of this State shall enjoy the same rights in respect to the pos- session, enjoyment, and descent of property as native- born citizens. Does this give foreigners the right of elective fran- chise (voting) ? 199 . Slavery. — Sec. 23. There shall be no slavery in this State; nor shall there be involuntary servitude, unless for the punishment of crime. STATE GOVERNMENT *93 The citizens of Iowa have never had any sympathy with slavery, though in the early days, previous to the Missouri Compromise, some slaves were owned here ( 73 ). 200. Lease of Lands. — 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. It is a very interesting fact, but one not very gener- ally known, that farm lands may not be leased for a longer period than twenty years. At the end of that time, if desired, the lease may be renewed. 20 I . Reservation of Rights.— Sec. 25. The enu- meration of rights shall not be construed to impair or deny others, retained by the people. What is the object of this section ? 202. Prohibitory Amendment. — (Sec. 26. No person shall manufacture for sale, or sell, or keep for sale, as a beverage, any intoxicating liquors whatever, including ale, wine and beer. The General Assembly shall by law prescribe regulations for the enforcement of the prohibition herein contained, and shall thereby provide suitable penalties for the violation of the pro- vision hereof.) (The foregoing amendment was adopted at a special election held on June 27, 1882. The Supreme court, April 21, 1883, in the case of Koehler & Lange vs. Hill, reported in 60th Iowa, page 543, held that, owing to certain irregularities, the amendment was not legally submitted to the electors, and did not become a part of the constitution.) SUGGESTIVE QUESTIONS. 1. How was prohibition of the liquor traffic se- cured, when the prohibitory amendment proved a failure ? 2. What is the Mulct Law? The Manufacturer’s Bill ? CHAPTER XVI ARTICLE II. RIGHT OF SUFFRAGE 203 . Qualification. — Section 1 . Every {white) 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 here- after may be authorized by law. (Amended by striking out the word “white” at the general election in 1868 .) Show by outline the qualifications required in a voter in Iowa. Qualifications for voting in Iowa: 1. Sex. 2. Citizenship. 3. Age. 4. Residence. (a) In State. ( b ) In District. When it was proposed to pass a law giving women the right to vote, the opponents of the law said it was unconstitutional. Is there anything in this section forbidding the legislature to give women the elective franchise ? The General Assembly finally passed a law giving women the privilege of voting on financial questions in city and school elections. Is this law any more in accordance with the terms of the Consti- tution than the law first proposed ? The statutes of the United States require a residence of five years before a foreigner can, by naturalization, 194 RIGHT OF SUFFRAGE 195 become a citizen of the United States. Every state is allowed to decide for itself what shall be the quali- fications of its electors (voters), and many states allow aliens to vote as soon as they have declared their intention of becoming citizens. See the * ‘World Almanac ” for a statement of requirements in a voter in each State in the Union. 204. Privilege from Arrest. — Sec. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such elections, going to and returning therefrom. If it were not for this provision in the Constitution, men might be deprived of the privilege of voting by an arrest on some unimportant or even feigned griev- ance of a private nature. Notice the nature of the exceptions to this exemption from arrest. 205. Exemption from Military Duty. — Sec. 3. No elector shall be obliged to perform military duty on the day of the election, except in time of war or public danger. If the militia were required to be in camp on elec- tion day, it would work a hardship in connection with their voting privilege; but in time of a riot or other public danger, the militia must be available to protect society. 206. Residence of Soldiers and Marines. — Sec. 4. No person in the military, naval, or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State. The vote of soldiers in barracks in a small town would be a menace to the wishes of the residents while the soldiers would have no vital interests at stake. 196 CIVIL GOVERNMENT OF IOWA 207 * Disqualifications for Elective Franchise. — Sec. 5. No idiot, or insane person, or person convicted of any infamous crime shall be entitled to the privilege of an elector. An idiot is one who has been weak-minded from birth. An imbecile is one who has become weak- minded through disease or accident. An insane person is one whose mind is in any way seriously unbalanced. Such people lack the intelligence necessary for the safe use of the ballot. They would become the tools of politicians. By an infamous crime is meant one punished with imprisonment in the penitentiary. Crim- inals of this class certainly should not be trusted with the ballot. Provision is made, however, for the restora- tion of the franchise to such parties through the action of the governor, and this is commonly done in the case of criminals who show promise of permanent reform. 208 - Parole of Prisoners. — In this connection it is interesting to know that the law provides for a reduction of the time of imprisonment, in the case of prisoners who show evidence of reform. The law provides a maximum time of imprisonment for each offense, and every prisoner sentenced to the penitentiary is liable to be kept there the full term if he does not behave well. The penitentiary at Anamosa serves as a reformatory for the confinement of first offenders under thirty years of age, who are thus kept entirely separate from the more hardened criminals. A board of parole, consisting of three members appointed by the governor, makes rules and regulations under which it may release prisoners from either penitentiary on parole, for good behavior, and exercise supervision over them while they are absent RIGHT OF SUFFRAGE 197 from the penitentiary. The time spent on parole does not count as part of the term of imprisonment, in case the prisoner violates the condition of his parole. If the prisoner on parole for more than twelve months shows evidence of reform, the board may recommend that the governor pardon him, and this is usually done. In con- sequence of such good behavior, or on his own judgment, the governor may restore the franchise to a criminal. (Code § 5706; Laws of 1907.) 209 . Elections. — Sec. 6. All elections by the peo- ple shall be by ballot. Amendment. — The general election for State, County and Township officers shall be held on the Tuesday next after the first Monday in November. (The foregoing amendment was adopted at the general election in 1884 .) By an amendment adopted in 1904 (see Sec. 16 of Schedule, page 279) the general election is held only in even-numbered years. 2 I O. Registration. — All voters in cities of thirty-five hundred inhabitants are required to register before elec- tion, giving their names and certain other items of infor- mation as stated in the list below. (Code § 1076.) 1 . Residence. 7. Naturalized (?). 2. Name. 8. Date. 3. Age. 9. Court. 4. Nativity. 10. By act of Congress. 5. Color. 11. Qualified voter. 6. Term of residence in pre- 12. Date of application. cinct, county, State. 13. Last preceding residence. Each of these items is a heading for a column in the registration book, so that the same items of informa- ig8 CIVIL GOVERNMENT OF IOWA tion are recorded opposite each name registered. As the information is furnished under oath by the party registered, a man has to commit perjury to secure registration before he has been naturalized, or before he has satisfied the legal requirements as to age or residence. Every year new lists of voters are made, and all voters on the previous year’s list who failed to vote at the last election must re-register. For the presidential election, every one must re-register. Certain days are advertised on which the registration board will be in session, and neglect to register on these days deprives one of the privilege of voting, unless he can prove that he was out of town on these days. 211. The Ballot. — “When members of Parlia- ment were first elected in England, the choice of the voter was manifested by the voice, by show of the hands, or other public sign. Voting for members of Parliament continued to be by voice till 1872, when the secret ballot was introduced. Voting by ballot was provided for in some of the colonial charters, and in some of the colonies and states it has always pre- vailed. In other states, especially in the South, the ballot was not used until after the Civil War. Now its use is required by every state but two. 1 The ob- ject of the ballot is to secure secrecy, that the voter may be free to express his real choice without fear or intimidation.” — Macy’s Our Government , p . 86. 212. The Australian Ballot. — The ballot was an improvement on viva voce voting, but did not secure 1 The two states alluded to are Kentucky and Oregon. Both now use the ballot. RIGHT OF SUFFRAGE *99 o P O NH p k p § < S tH § GO ^ g k £ O' £_, 1 8 ^ w « £ $ a p ^ HH *1 J •I 5 o P 3 O P Pm fc C O S w 5 g S o k 8 . £ « rs w S> J >4 H 1 H I 3 § □ A W ^ — * k § H ◄ P O o S w p C/3 w o W W o < OP o ffi <) c /3 cs <0 * k □ ^ ^ ◄ NH P P & P a P OP w ij w w ffi ^5 U $ < pp £ □ § fc k w 8 H r 4 a « § <3 ^ W k o ^ □ k » t ■$p ^ C/3 k secrecy. Formerly the bal- lots were printed by private parties, and friends of the candidates would follow the voter to the very ballot-box, urging, coaxing, threatening, and even trying to bribe him to vote their ticket. Under these circumstances it was an easy matter to know how a man voted; and, as a con- sequence, men very often voted, not as they desired but as their employers, or certain influential persons, wished them to vote. Now some secret form of voting is required in most states. The so-called Australian bal- lot had its origin in New South Wales, Australia, in 1857. It was adopted in England about 1872,* and since then has been intro- duced with some modifica- tions in Canada and many of the states of our Union. 213 . The Belgian Bal- lot. — ‘ ‘ The Iowa law is based upon a plan used in Belgium, and should prop- erly be called the ‘ Belgian *Feilden’s Cons. History p. 147. 200 CIVIL GOVERNMENT OF IOWA ballot.' By the former plan, the candidates are classified by offices, while by the latter they are grouped by political parties." — Chandler’s Iowa and the Nation , p. 102. By the Iowa method of voting, the ballots are printed and sent to the judges of elec- tions by the county auditor, and every ballot must be returned to the auditor with the report of the elec- tion. Even the ballots mutilated by mistakes made by voters must be preserved and returned with the rest. Each ballot has the names of all the candidates on it, the candidates of each party being in a separate column. A specimen of the top of a regula- tion ballot, containing the first three candidates on each party list is shown on p. 199. 214 . Method of Voting. — A person desiring to vote presents himself at the table where the judges of election are seated and mentions his name for verifica- tion in the registration book (2 1 o). The first judge then folds one of the ballots, writes his initials on the back, and gives it to the voter, who carries it to one of the enclosed booths behind the table, and there finds instructions how to mark his ballot. He makes a cross in the square against each candidate for whom he would vote. He then returns to the ballot-box and gives the ballot to the judge, who places it in the box, at the same time announcing the name of the voter to the other judges, who check the name off the registration books, while the clerks of the election record it in the poll books. No electioneering is allowed within one hundred feet of the polls, under heavy penalties, nor is a voter allowed to let his ballot be seen for the purpose of showing how he is about to vote. Voters who de- RIGHT OF SUFFRAGE 201 clare under oath that they cannot read may be assisted in preparing their ballots by two judges of different parties. Intoxicated persons may vote, but are not entitled to receive assistance in marking their ballots. 215 . Election Boards. — Election boards are com- posed of three judges and two clerks; only two judges and one clerk may belong to the same political party. In municipalities, the members of the council act as judges, and in townships the trustees are ex-officiis judges. If more than two councilmen or trustees of the same party reside in the same voting precinct, the county supervisors designate which shall act as judges. The third judge is chosen from another political party which had the next largest number of votes in that precinct at the last general election. 2 1 6 . Election Returns. — The township clerk sends an abstract of the results of the election, together with the votes strung on a wire (whose ends are then united and sealed), to the county auditor for safe keeping during the six months allowed for contest- ing the election. In municipal elections (149) the council and city clerk perform all the duties incumbent on the county supervisors and auditor in the general elections. The county supervisors, receiving reports of the elections from the townships, make abstracts of the same and report to the executive council (260), directing the report to the secretary of state. The report of the vote for governor and lieutenant- governor is required by the Constitution to be sent to the speaker of the House of Representatives, but it is held by the secretary of state till the General Assembly is organized, and then turned over to the speaker. 202 CIVIL GOVERNMENT OF IOWA THE SELECTION OF CANDIDATES 1. Petition. — A candidate for any elective office may be nominated by a petition signed by a certain number of voters, as required by law. 2. The Caucus. — In towns and cities under 15,000, local officers may be nominated by party caucuses. A short time before the election, each party holds a caucus, or special meeting of its voters, to agree upon the candidates whom that party will support. At these caucuses any matters of party interest are discussed and committees are appointed for conducting the campaign. 3. The Primary. — The law now requires that nearly all other party candidates be chosen by ballot at a pri- mary election, which is conducted much like the regular election. The primary elections of all parties are held at one time and place in each precinct and are con- ducted by one set of officers ; but separate ballots are provided for each party, and the voter may vote only his own party ballot. Not only the party candidates for public office, but also the county committeemen and dele- gates to the county convention of each party are chosen by this method. But whenever the person receiving the most votes as candidate for any county, district, or State office has less than 35 per cent of the total vote of his party for that position, such vote is disregarded, and the nomination is made by the party convention. 4. The Convention. — The county convention of each party selects the party candidates for county officers in cases where no one has received 35 per cent of the vote in the primaries. It also sends delegates to district and State conventions, which make nominations for district and State officers under like conditions. RIGHT OF SUFFRAGE 203 In the selection of presidential candidates, the plan is carried one step further, and the State convention selects delegates to the National convention. Some- times delegates are instructed to vote for certain candidates ; sometimes they are left free to use their own judgment. SUGGESTIVE QUESTIONS. 1. May a woman vote on selection of school direc- tors in Iowa ? 2. Are there any states where this privilege is en- joyed by women ? 3. In what states do women have full suffrage ? (203). 4. In what states are aliens allowed to vote ? 5. On what ground must a person reside ten days in a voting precinct before being allowed to vote ? 6. Why was the word “white ” struck out of Art. II., Sec. 1 ? CHAPTER XVII ARTICLE III. — LEGISLATIVE DEPARTMENT 2 1 7 . Distribution of Power. — Sec. 1. The powers of the government of Iowa shall be divided into three separate departments, the Legislative, the Executive, and the Judicial; and no person charged with the exer- cise of powers properly belonging to one of these depart- ments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted. The Legislature is the law-making power. The Executive is the law-enforcing power. The Judiciary is the law-interpreting power. The General Assembly possesses all legislative authority not delegated to the general (United States) government, or prohibited by the Constitution of the United States or of Iowa. In other words, the General Assembly may do anything not prohibited by the State Constitution or by the Supreme law of the United States (128). 218 . Legislative Department. — Sec. 1. The Legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives; and the style of every law shall be: 1 ‘ Be it enacted by the General Assembly of the State of Iowa. ” The purpose of two houses is to put a check upon hasty legislature. The clause, 4 ‘ Be it enacted, etc.,” is also called the enacting clause of a law, and will be 204 LEGISLATIVE DEPARTMENT 205 found at the beginning of every chapter in the laws of any General Assembly. 2 1 9 . Regular and Special Sessions. — 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 Gov- ernor of the State shall, in the meantime, convene the General Assembly by proclamation. Notice the difference in the time of the beginning of a regular session and the beginning of the term (Sec. 3). In extra sessions the assembly is not restricted to the business for which it was called together. (Code p. 91, note on Constitution, Art. IV., Sec. 11.) 220 . House of Representatives, — Sec. 3. The members of the House of Representatives shall be chosen every second year by the qualified electors of their respective districts, on the second Tuesday 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 their election, and continue two years, and until their succes- sors are elected and qualified. (By an amendment adopted by the general election in 1884, elections now occur uniformly in November). 221 . Qualifications of Representatives. — Sec. 4. No person shall be a member of the House of Repre- sentatives who shall not have attained the age of twenty- one years, be a {free white') 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 days in the county or district he may have been chosen to represent. (Amended by striking out the words ‘ 4 free white, ’ ' at the general election in 1880.) 206 CIVIL GOVERNMENT OF IOWA Study these sections by the following outline: Representatives, Number (See Art. III., Sec. 35); Election, When, By whom; Term of service. Beginning, Length, Regular, Contingent; Qualifications, Age, Sex, Citizenship, Residence. What change has been made in the time of the election ? Why, when, and how was the change made ? Could the General Assembly have made the change ? 222 . Senators. — Sec. 5. Senators shall be chosen for the term of four years, at the same time and place as Representatives; they shall be twenty-five years of age, and possess the qualifications of Representatives as to residence and citizenship. Sec. 6. The number of Senators shall not be less than one-third, nor more than one-half the Repre- sentative body; and shall be so classified by lot that one class, being as nearly one-half as possible, shall be elected every two years. When the number of Senators is increased, they shall be annexed by lot to one or the other of the two classes, so as to keep them as nearly equal in numbers as practicable. Study this section by the following outline: Senators, Number, Relative limits, Absolute limit (Article III., Sec. 34); Classes, How many, Changes, how made; LEGISLATIVE DEPARTMENT 207 Election, When, By whom; Term of service, Beginning, Length, Regular, Contingent; Qualifications, Age, Sex, Citizenship, Residence. What is the purpose in classifying the senators ? 223 . Powers and Duties Belonging to Both Houses. — 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 pub- lish the same; determine its rules of proceedings, punish members 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. Study these sections by the following analysis, and be able to fill out from memory. Quorum, Sec. 8. For business, Two prerogatives of a smaller number; 208 CIVIL GOVERNMENT OF IOWA Authority over membership as to Admission, Sec. 7, Three points, Contested election, Conduct, Sec. 9, Removal, Two conditions, Rules of order; Adjournment, Sec. 9, Temporary, Restrictions, Sec. 14. Final, In case of disagreement, Art.., IV., Sec. 13; Records. The power to enforce the attendance of absent members through the action of the sergeant-at-arms might at times be necessary to prevent serious delay in legislation. Such absence is sometimes intentional on the part of those opposed to bills before the house, and prevents a quorum. 224 , Rights of Individuals, — Sec. 10. Every member of the General Assembly shall have the liberty to dissent from, or protest against, any act or resolution which he may think injurious to the public or an indi- vidual, 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. 11. Senators and Representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same. The right to protest, and having that protest recorded, is only justice to members whose constituency might blame them seriously for the passage of some measure unfavorable to that community. The yea and nay vote consists in calling the roll of members LEGISLATIVE DEPARTMENT 209 and giving each member the chance to vote ‘ ‘ yea ” or “nay” on the question. These votes are recorded, also the number of members not voting because of absence. In the Congress of the United States, the demand of one fifth of those present is necessary to call for yea and nay votek. In the legislature of Iowa, all bills, at their final reading, require this kind of vote. This is not necessary in Congress. Notice the three conditions and three exceptions to the privilege from arrest. Without this privilege, a member of the General Assembly might be required to be present at some case in court involving only private business, and perhaps trumped up simply to deprive the Assembly of his vote. 225 . Freedom of Speech. — Members of Con- gress also have exemption from legal liability for anything said in debate on the floor of the house. This privilege, though not granted by our State con- stitution, is given by statute. (Code, §11). How- ever, a member may not publish and distribute his speech without being liable for whatever sentiments it may contain. Of course the official publication of a member’s speech in the House or Senate Journal does not render him liable. Any impropriety of speech may be punished by the house according to its own rules under Sec. 9 of this Article. 226 . Vacancies. — Sec. 12. When vacancies occur in either house, the governor, or the person exercising the functions of governor, shall issue writs of election to fill such vacancies. Such writs of election are issued to the sheriff, and notice of said election is by him posted in public 210 CIVIL GOVERNMENT OF IOWA places and published in the leading papers. (Code, § 1062). Below is a copy of a governor’s proclamation for a general election, and the sheriff’s notice of the same election in Black Hawk County : BY THE GOVERNOR. A PROCLAMATION For a General Election, to be Held Tuesday, Novem- ber 3, 1896. Pursuant to Law, I, Francis M. Drake, Governor of the State of Iowa, do proclaim that at the General Elec- tion to be held on the Tuesday next after the first Mon- day in November, it being the third day of that month, in the year one thousand eight hundred and ninety-six, the offices hereinafter named are to be filled, to-wit : By vote of all electors in the State: The office of Elector of President and Vice-President of the United States, to be filled by the choice of thirteen Electors, each ballot for such office to contain the name of at least one inhabitant of each district into which the State is divided, and to designate against the name of each person voted for the number of the congressional district to which he belongs. The office of Secretary of State. The office of Auditor of State. The office of Treasurer of State. The office of Attorney-General. The office of Judge of the Supreme Court, to succeed James H. Rothrock. The office of Railroad Commissioner. By vote of the electors in the several Congressional districts : The office of Representative in Congress from each of said districts. By vote of the electors of certain Judicial districts the office of Judge of the District Court, as follows: In the Twelfth Judicial District, to succeed Porter W. Burr. LEGISLATIVE DEPARTMENT 21 1 In the Fourteenth Judicial District, to succeed Lot Thomas. In the Fifteenth Judicial District, to succeed Nathan W. Macy. In the Twentieth Judicial District, to succeed Win- field S. Withrow. And I do further proclaim and give notice that on the day of said general election, certain offices, having become vacant, are to be filled by the electors through- out the State and in the districts named, to-wit: The office of Railroad Commissioner in the place of John W. Luke, deceased, said office being now tempo- rarily filled by Edward A. Dawson. The office of Judge of the Fifth Judicial District, in the place of John H. Henderson, resigned, the office being now temporarily filled by John A. Storey. The office of Judge of the Seventeeth Judicial Dis- trict, under the provisions of chapter one hundred and twenty-two, of the acts of the Twenty-sixth General Assembly, said office being now filled by Obed Caswell. The office of Judge of the Eighteenth Judicial Dis- trict, in the place of William P. Wolf, deceased. Whereof, all electors throughout the State will take due notice, and the Sheriffs of the several counties will take official notice, and be governed accordingly. In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa. Done at Des Moines, this twenty-eighth day of Sep- tember, in the year of our Lord one thousand eight hundred and ninety-six, of the Independence of the United States the one hundred and twenty-first, and of the State of Iowa the fiftieth. By the Governor : [seal] F. M. Drake. W. M. McFarland, Secretary of State . State of Iowa, Black Hawk County: Pursuant to Law, I, W. M. Law, Sheriff of Black Hawk county, Iowa, do hereby proclaim that at the general election to be held on the Tuesday next after 212 CIVIL GOVERNMENT OF IOWA the first Monday in November, it being the third day of that month, in the year one thousand eight hundred and ninety-six, the offices hereinafter named are to be filled by vote of all the electors of the county, to-wit : The office of Clerk of the District Court. The office of Recorder of Deeds. The office of County Auditor. The office of County Attorney. The office of Supervisor — 1st Supervisor district. The office of Supervisor — 2d Supervisor district. The office of Supervisor — 3d Supervisor district (to fill vacancy). The office of Supervisor — 6th Supervisor district. Whereof, all the electors of the county will take due notice, and govern themselves accordingly. Witness my hand this 16th day of October, A. D. 1896. W. M. Law, Sheriff of Black Hawk County , Iowa . 227 . Publicity of Sessions. — Sec. 13. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy. 228 . Adjournment. — Sec. 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. 229 . Bills— Their Origin. — 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. Two of the States, North Carolina and Rhode Island, do not require bills to be signed by the governor. Many other States, among which is New York, go to the other extreme and allow the governor to veto portions of financial (appropriation) bills while approving other portions. (See Hinsdale’s “ American Government,” § 683 .) Very unwise measures are sometimes LEGISLATIVE DEPARTMENT 213 carried through a legislature because they are attached to a good bill. Such measures are called “riders.” 230 . Their Passage. — 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 pro- ceed to reconsider it; if, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house, it shall become a law, notwithstanding the governor’s objections. If any bill shall not be returned within three days after it shall have 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 adjournment, 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 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. There are three ways in which a bill may become a law. Study the sections above, and then describe each of these three ways. Notice that, by section 17 , a bill requires an absolute majority of each house; that is, a majority of all the members elected, not simply a majority of those present. Every bill, before it passes each house, must have three separate readings, the second and third of which must be on different days. Immediately after the third reading, the bill is voted upon by a yea and nay vote, which is formally entered CIVIL GOVERNMENT OF IOWA 214 upon the journal of the house. In each house, there are various committees appointed for the considera- tion of the different kinds of bills. These committees are appointed by the speaker of the house and by the lieutenant-governor who acts as president of the senate. 23 I . How Bills Fail to Become Laws. — When a bill is proposed by a member, it is referred to the proper committee, which may report to the house, favoring its passage, amend it in some particulars and then recommend its passage, or reject it en- tirely. In the last case, the bill is said to be killed in the committee, and this is the first way in which a bill may fail to become a law. If the bill is returned by the committee with a favorable report, it may fail to secure enough votes in the house, and so be killed in the house where it originated. This is the second way in which a bill may fail to become a law. If the bill passes by a majority vote in the first house, it may be rejected in the second house. This is the third way of failing to become a law. Having passed both houses, it may be vetoed by the governor, and fail to secure a two-thirds vote in one or both of the houses, and so not be passed over his veto. If a bill passes both houses and is presented to the governor for con- sideration less than three days before adjournment, he need not return it until after the General Assembly has closed its session. He is then required to file it with his signature or veto in the office of the secretary of State within thirty days; but if he vetoes it, the General Assembly, having adjourned, cannot pass it over his veto, and so the bill fails to become a law. LEGISLATIVE DEPARTMENT 215 This last is similar to the pocket veto of the President of the United States. 232 . Report of Finances. — 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. This is a requirement evidently fitting and proper, and the statement is drawn from the books of the State auditor and treasurer. QUESTIONS AND TOPICS. 1. Look up the history of special sessions of the General Assembly in Iowa (50). 2. From what does the pocket veto derive its name ? See Johnston's American Politics, p. 115. 3. Have any of the States ever had legislatures consisting of one house ? Piske's Civil Government, p. 155. 4. Was a uni-cameral Congress considered by the Constitutional Convention of 1787? Hinsdale’s American Government, § 186. 5. May any kind of bill originate in either house of Congress ? 6. How are committees selected in the General As- sembly ? See Rules of the Twenty-sixth General Assembly of Iowa, pp. 3 and 27. CHAPTER XVIII legislative department — ( Continued ) 233 . Impeachment. — Sec. 19. The House of Representatives shall have the sole power of impeach- ment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the senators shall be upon oath or affirmation ; and no person shall be convicted without the concurrence of two-thirds of the members present. The plan of impeachment is similar to the same process in the government of the United States. The impeachment or indictment is by the lower house and the trial by the upper house. Notice that the number of votes necessary to conviction is two-thirds of those present. 234 . Parties Liable — Punishment. — Sec. 20. The Governor, Judges of the Supreme and District Courts, and other State officers, shall be liable to impeachment for any misdemeanor or malfeasance in office ; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried for misdemeanors and malfeasance in office in such manner as the General Assembly may provide. Notice carefully what officers may be impeached; also the limits set upon the punishment which the Senate may inflict. The fact that the party impeached may afterwards be tried by the regular courts of the State seems to conflict with the article in the bill of 216 LEGISLATIVE DEPARTMENT 217 rights (Art. I., Sec. 12 ), but really the party is im- peached and tried for conduct unworthy of a public official, while in the courts he is tried for a crime against the laws of the State. Touching the misde- meanors of county and local officers, the General Assembly has passed various laws providing for the punishment of such offenses. 235 . Accepting Appointments. — 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. If, during the first month of a new senator’s term, a bill is passed providing for the appointment by the governor of an inspector of State institutions with a large salary, the senator may not resign his position to accept the appointment until after the four years of his senatorial term have passed. If the salary of the president of the State University were increased during his term, could the senator resign and accept that position ? 236 . Disqualification. — Sec. 22. No person hold- ing any lucrative office under the United States, or this State, or any other power, shall be eligible to hold a seat in the General Assembly ; but offices in the militia, to which there is attached no annual salary, or the office of justice of the peace, or postmaster whose compensa- tion does not exceed one hundred dollars per annum, or notary public, shall not be deemed lucrative. If the salary of the superintendent of public instruction were increased by the General Assembly, could any member of the assembly become State superintendent without resigning his place in the 218 civil government OF IOWA legislature ? Could he resign and become State superintendent before his term as senator had expired ? If the postmaster at Des Moines desires to become a member of the General Assembly, what must he do before he can take his seat in that body ? 23 7 . Holders of Public Money. — Sec. 23. No per- son who may hereafter be a collector or holder of public moneys shall have a seat in either house of the General Assembly, or be eligible to hold any office of trust or profit in this State, until he shall have accounted for and paid into the treasury all sums for which he may be liable. If the treasurer of Black Hawk county is elected as representative for that county in the General Assem- bly, what three things must he do before he can take his seat in that body ? Why is this requirement wise ? 238 . Payment of Public Money. — Sec. 24. No money shall be drawn from the treasury but in conse- quence of appropriations made by law. It is also necessary to have a warrant, signed by the auditor of State, authorizing the payment of money by the State treasurer. 239 . Compensation of Members. — Sec. 25. Each member of the first General Assembly under this Con- stitution shall receive three dollars per diem while in session ; and the further sum of three dollars for every twenty miles traveled, in going to and returning from the place where such session is held, by the nearest traveled route, after which they shall receive such com- pensation as shall be fixed by law ; but no General Assembly shall have the power to increase the compen- sation 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 ses- sion, and none other. Notice the two methods of paying members. The LEGISLATIVE DEPARTMENT 219 present pay of members of the General Assembly is $550 for the regular session, and five cents for every mile traveled going to and from the place of meeting. Half this sum and all the mileage is payable at the close of the first thirty days, and the rest at the close of the session. The pay for an extra session is mile- age and a rate per diem equal to the amount of their salary per day during the last regular session, pro- vided that it is not over six dollars. (Code, § 12.) Notice that, although the General Assembly fixes by law the compensation of representatives and senators, no assembly has the power to increase the pay of its own members. This is not true of the United States Con- gress, and at onetime (March 3, 1873) Congress raised the salaries of its members from $5,000 to $7,500, and dated the change back two years. This was the famous “ Salary Grab,” which raised such a storm of indignation throughout the country that the act was soon after repealed. Public opinion prevents any great excesses in this line of legislation. 240 , When Laws Go Into Effect. — Sec. 26 . No law of the General Assembly, passed at a regular ses- sion, 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. 241 . Prohibition. — Sec. 27 . No divorce shall be granted by the General Assembly. Sec. 28 . No lottery shall be authorized by this State; nor shall the sale of lottery tickets be allowed. 220 CIVIL GOVERNMENT OF IOWA A divorce is granted by the courts of the State if, after investigation, there seems to be just cause for the divorce. Lotteries have been proven such insidi- ous foes to the moral and financial good of the people that every State in the Union now opposes them, and the United States has made it a criminal offense to use the mails to advertise lotteries or sell lottery tickets. The long struggle on the part of the Louisiana Lot- tery to induce the legislature of that State to author- ize its continuance finally failed, and the lottery was finally driven from its last stronghold in the United States. 242. Subject Matter. — Sec. 29. Every act shall embrace but one subject, and matters properly con- nected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. This requirement aims at clearness and definiteness in laws, and prevents any legal requirement from being obscured by being inserted in the clauses of another law. 243. Local and Special Laws, — Sec. 30. The General Assembly shall not pass local or special laws in the following cases: For the assessment and collection of taxes for State, county, or road purposes. For laying out, opening, and working roads or high- ways. For 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 LEGISLATIVE DEPARTMENT 221 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 sub- mitted to the people of the counties affected by the change, at the general election, it shall be approved by a majority of the votes in each county, cast for and against it. Consider each of the cases mentioned above, and notice how unwise it would be to take such matters out of the hands of the local authorities. Instead of making special laws for every local requirement under the above heads, the General Assembly passes general laws giving authority, with certain restrictions, to cer- tain local officials, as supervisors, township trustees, or, in the changing of county seats, to the popular vote. Instead of giving special charters, prescribing the form of government of every city and town sepa- rately, general laws are passed, providing a form of government in cities of a certain class, as determined by population (146). 244 . Extra Compensation, Private Appropria- tions. — Sec. 31 . No extra compensation shall be made to any officer, public agent, or contractor, after the ser- vice 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 prop- erty 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. The necessity of the first clause of this section lies in the fact that extra compensation is sometimes se- cured in very corrupt ways by officials or contractors in no manner entitled to it. A member of a city council 222 CIVIL GOVERNMENT OF IOWA who had been appointed overseer of certain work being done for the city, presented his bill for services rend- ered. The council declined to allow the bill, as his services had been performed as part of official duties. This is an illustration of the same principle that is mentioned in the above section, occurring in a local instead of a State legislative body. The second clause in the section is an application of Art. III., Sec. 24. The meaning of the last clause is illustrated by the following incident in Iowa history: In Governor Sherman’s last term, Auditor Brown declined to make certain reports required of him, and was removed by Governor Sherman. The investigation of the case was long and expensive, and after Mr. Brown’s rein- statement by the next governor he brought claims against the State for his expenses in the contest. After a number of unsuccessful attempts, a bill was carried through the Twenty-sixth General Assembly by a two-thirds vote, granting the claims made by Mr. Brown. As there are several interesting and instruct- ive features in the bill, we give it entire, as follows: Laws of the Twenty-sixth General Assembly. Chapter 164. An act to reimburse John L. Brown, as auditor of State during the years 1885 and 1886, for money expended in defense of his said office and of his offi- cial rights and duties. Be it enacted by the General Assembly of the State of Iowa , Section 1. That for the purpose of reim- bursing John L. Brown for money expended by him for attorney’s services necessary in defending his office LEGISLATIVE DEPARTMENT 223 and his official rights as auditor of the State of Iowa during the years 1885 and 1886, and for interest thereon since paid by him, there is hereby appropri- ated, out of any moneys in the State treasury not otherwise appropriated, the sum of four thousand dollars, the money hereby appropriated to be paid to John L. Brown; and the auditor of State is hereby authorized and directed to draw his warrant on the State treasurer in favor of John L. Brown for said sum. Sec. 2. That the acceptance by John L. Brown of the sum appropriated herein shall be taken as full set- tlement of all claims by said John L. Brown as against the State of Iowa, growing out of the matters recited in this act. Sec. 3. This act, being deemed of immediate importance, shall take effect and be in force from and after the date of its publication in the Iowa State Register and Des Moines Leader , newspapers pub- lished in Des Moines, Iowa. Approved April 14, 1896. I hereby certify that the foregoing act was published in the Iowa State Register , April 24, and Des Moines Leader , April 25, 1896. W. M. McFarland, Secretary of State. In this bill notice (1) the style (Art. III., Sec. 1), (2) the purpose and the amount of the appropriation (3), the proviso insuring against any further claims on this ground, and (4) the time when the act takes effect. When would the act have taken effect if the third sec- tion had not been included in the act ? (See Art III., Sec. 26). 224 CIVIL GOVERNMENT OF IOWA 245 . The Oath of Office, — Sec. 32. Members of the General Assembly shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation : “ I do solemnly swear, or affirm (as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Iowa, and that I will faithfully discharge the duties of Senator (or representative, as the case may be) according to the best of my ability.” And the members of the General Assembly are hereby empowered to administer to each other the said oath or affirmation. Notice that one is given the choice between swear- ing and affirming. This is a concession to those who have conscientious scruples against swearing. This oath of allegiance to both United States and Iowa is required by the Federal Constitution. Any one who violates this oath by engaging in insurrection against the United States, or giving its enemies aid and comfort, is disqualified for holding any civil or military office under the United States or any State, or for becoming a member of Congress. This disquali- fication can be removed only by a two-thirds vote of Congress. (Constitution of the United States, Amend- ment XIV. , Sec. 3 ). 246 , The State Census. — Sec. 33. The General Assembly shall, in the years one thousand eight hun- dred and fifty-nine, one thousand eight hundred and sixty-three, one thousand eight hundred and sixty-five, one thousand eight hundred and sixty-seven, one thou- sand eight hundred and sixty-nine, and one thousand eight hundred and seventy-five, and every ten years thereafter, cause an enumeration to be made of all the {white) inhabitants of the State. (Amended by striking out the word “ white” at the general election in 1868). This enumeration is called the State census, and is LEGISLATIVE DEPARTMENT 225 taken by the township assessors, reported to the county auditor, and by him reported to the secretary of State. The preparation of blanks and the general supervision of the census is in the hands of the executive council of the State, comprising the governor, secretary of State, auditor, and treasurer. (Laws of 1904, Ch. 8.) Until 1875 the census was taken more frequently, about once in two years. The United States census is taken once in ten years, but it comes in the years whose numerals end with zero. In connection with the census, many items of interest are usually reported, e.g., foreigners not naturalized, number of militia, children between five and twenty-one years of age, quantity and value of agricultural products, etc. 247 . Number and Apportionment of Senators. — (Amendment.) Sec. 34. The Senate shall be composed of fifty members to be elected from the several sena- torial districts, established by law, and at the next ses- sion of the General Assembly held following the taking of the State and national census, they shall be appor- tioned among the several counties or districts of the State, according to population as shown by the last pre- ceding census. 248 . Number of Representatives. — (Amendment.) Sec. 35. The House of Representatives shall consist of not more than one hundred and eight members. The ratio of representation shall be determined by dividing the whole number of the population of the State as shown by the last preceding State or national census, by the whole number of counties then existing or organized, but each county shall constitute one rep- resentative district and be entitled to one representative, but each county having a population in excess of the ratio number, as herein provided, of three-fifths or more of such ratio number shall be entitled to one additional 226 CIVIL GOVERNMENT OF IOWA representative, but said addition shall extend only to the nine counties having the greatest population. 249 - Apportionment of Representatives. — (Amendment.) Sec. 36. The General Assembly shall, at the first regular session held following the adoption of this amendment, and at each succeeding regular session held next after the taking of such census, fix the ratio of representation, and apportion the additional repre- sentatives, as hereinbefore required. (Secs. 34, 35, 36, as printed above, constitute an amendment adopted at the general election in 1904. The former sections which these replaced are printed below, in small type, for reference. A similar amend- ment was proposed six years earlier, but at the general election in 1898 it was rejected.) The apportionment of 1906 (Laws of Thirty-First General Assembly, Chapter 21 1) gave two representa- tives each to Lee, Des Moines, Pottawatamie, Polk, Scott, Clinton, Linn, Woodbury, and Dubuque counties, and one each to the other ninety counties of the State, making the total number one hundred and eight, the largest possible under Sec. 35. Under what conditions might the number be less than one hundred and eight ? The number of counties in each senatorial district varies from one to five. Sections 34, 35, 36, which were repealed in 1904, read as follows : — Sec. 34. The number of senators shall at the next session following each period of making such enumeration, and the next session following each United States census, be fixed by law, and apportioned among the several counties according to the number of {white) inhabitants in each. (Amended by striking out the word “white” at the general election in 1868.) Sec. 35 . The senate shall not consist of more than fifty mem- bers, nor the house of representatives of more than one hundred; and they shall be apportioned among the several counties and repre- sentative districts of the State according to the number of {white) LEGISLATIVE DEPARTMENT 227 inhabitants in each, upon ratios to be fixed by law ; but no repre- sentative 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 representative ; and any one county containing in addition to the ratio fixed by law one-half of that number, or more, shall be entitled to one additional representative. No floating district shall hereafter be formed. (Amended by striking out the word “ white ” at the general election in 1868.) 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 tho.se counties which will not be entitled singly to a representative. 250 . Floating Districts. — The meaning of the term “ floating districts ” is best illustrated by a cita- tion from the political history of Iowa. In one of the acts of the legislature which provided for representa- tive and senatorial districts, it was declared that the county of Van Buren should constitute one represen- tative district, with two representatives ; Henry county another district, with two representatives ; and Lee a third district, with three representatives, and then the same act provided that these three counties, Van Buren, Henry, and Lee, should jointly constitute a representative district and have one representative. This last district was what was then called “a floating district,” although, as Prof. T. S. Parvin remarks, the district was fixed enough, and it was the representa- tive who was a “floating member.” This repre- sentative was chosen sometimes from one county and sometimes from another. 251 . Contiguous Territory. — 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 228 CIVIL GOVERNMENT OF IOWA district ; and no county shall be divided in forming a congressional, senatorial, or representative district. 252 . Mode of Voting in Elections in the General Assembly. — 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. The General Assembly elects its own officers and United States senators. If there is a tie in the election of governor and lieutenant governor, the General Assembly in joint session elects these officers. (Art. IV., Sec. 4.) TOPIC FOR READING. Auditor Brown (244) was impeached by the House, tried by the Senate, and acquitted. A description of the trial may be found in the Journals of the Assembly. CHAPTER XIX ARTICLE IV. EXECUTIVE DEPARTMENT 253 . The Governor — Election, Term, Canvass of Vote. — Section 1. The supreme executive power of the 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 suc- cessor 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 lieutenant - governor. The returns of every election for governor and lieutenant-governor shall be sealed up and transmitted to the seat of government of the State, directed to the speaker of the House of Repre- sentatives, who shall open and publish them in the presence of both houses of the General Assembly. As the General Assembly is not in session when the results of the election are canvassed, the returns on the election of governor and lieutenant-governor are forwarded to the executive council, with the returns for other State officers, and retained by the secretary of State till the assembly meets and elects a speaker, when they are turned over to him. 254 . Vote Required to Elect. — Sec. 4. The persons respectively having the highest number of votes for governor and lieutenant-governor shall be declared duly elected; but in case two or more persons shall 229 230 CIVIL GOVERNMENT OF IOWA 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 the said persons governor, or lieutenant-governor, as the case may be. A majority of all electoral votes is necessary to elect a president; a plurality vote by the people will elect the governor. A plurality vote means the largest number given to any one candidate. A majority of votes is more than half of all the votes cast. When a person has a majority of votes, he has more than all the other candidates together. 255 . Contested Elections and Eligibility. — Sec. 5 . Contested elections for governor, or lieutenant-gov- ernor, shall be determined by the General Assembly in such manner as may be prescribed by law. Code § 1239. Sec. 6. No person shall be eligible to the office of governor or lieutenant-governor who shall not have 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 elec- tion. 256 . Command of Militia. — Sec. V. The governor shall be commander-in-chief of the militia, the army, and navy of this State. When Kelley’s army was passing through Iowa on its way to Washington, Governor Jackson called out a portion of the organized militia and kept them near the scene of excitement to be ready for an emergency. The governor has frequently called out the militia in cases of violent strikes among the coal miners. 257 . Duties of Governor. — Sec. 8. He shall trans- act all executive business with the officers of govern- ment, 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 respec- tive offices. EXECUTIVE DEPARTMENT 231 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- tution and laws for filling such vacancy, the governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the General Assembly, or at the next election by the people. This does not apply to members of the General Assembly. They are not officers in the constitutional use of the word. In 1894 Governor Boies filled a vacancy on the board of directors of the Iowa State Normal School caused by the resignation of one of its members. Sec. 11. He may, on extraordinary 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. An extra session of the General Assembly was called for the winter 1896-1897 to act on the revision of the State Code. At such extra sessions, the business of the assembly is not confined to the purpose for which they are called together. For an account of extra sessions read notes on §§ 24 and 50. Sec. 12. He shall communicate, by message, to the General Assembly, at every regular session, the con- dition of the State, and recommend such matters as he shall deem expedient. Sec. 13. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the General Assembly to such time as he may think proper; but no such adjournment shall be 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 United States, or this State, 232 CIVIL GOVERNMENT OF IOWA execute the office of governor, or lieutenant-governor, except as hereinafter expressly provided. Sec. 15 . The official term of the governor, and lieutenant governor, shall commence on the second Monday of January next after their election, and con- tinue 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 compensation therefor the same mileage and double the per diem pay provided for a senator, and none other. Sec. 16 . The governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of 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 ex- ecution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the General Assembly, at its next meeting, each case of reprieve, commutation or pardon granted, and the reason therefor; and also all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted. Reprieves postpone punishment. Commutations lighten punishment. Pardons remove punishment. Notice that the pardoning power of the governor does not extend to cases of impeachment or treason. The President’s pardoning power is restricted only in respect to cases of impeachment. By statute (Code, § 5626), the governor is required to consult the assembly before pardoning a case of murder in the first degree. EXECUTIVE DEPARTMENT 233 258. Succession of the Executive, Etc, — Sec. 17. In case of the death, impeachment, resignation, 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 on the lieutenant-governor. Sec. 18. The lieutenant-governor shall be the president of the Senate, but shall only vote when the Senate is equally divided ; and in case of his absence or impeachment, or when he shall exercise the office of governor, the Senate shall chose 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 tempore of the Senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of governor, the same shall devolve upon the Speaker of the House of Representatives. Notice that the succession to the governor’s office is similar to the old succession to the presidency. 259. The Great Seal. — Sec. 20. There shall be a seal (61) of this State, which shall be kept by the Gov- ernor 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. 260. Executive Council. — Sec. 22. A secretary of State, auditor of State, and treasurer of State shall be elected by the qualified electors, who shall continue in office two years, and until their successors are elected and qualified, and perform such duties as may be re- quired by law. The governor, secretary of State, treasurer, and 234 CIVIL GOVERNMENT OF IOWA auditor constitute the Executive Council. Any three of this council constitute a quorum. Each draws a salary of $800 a year in addition to his regular salary. The council chooses a secretary who holds office during its pleasure. Some of the duties of the executive council are : (1) To act as a board of equalization of taxes between counties, so that all counties may bear a fair share of the State expenses. (2) To assess the property of railroad, telegraph, tele- phone, and express companies in the State. (3) To act as a board for canvassing election returns from counties. (4) To act as a business board having charge of the State Capitol, and providing for the stationery and supplies for the State offices. In this capacity they have charge of an emergency fund, which they may use at their discretion to meet unforeseen expenses. (5) To have charge of the State census. 261 . The Secretary of State. — This officer has charge of the great papers of the State, including all the acts of the territorial legislature, the several constitutions of the State, and all the laws and reso- lutions passed by the successive State legislatures. All the governor’s proclamations and commissions of State officers are countersigned by him, and recorded in a book provided for that purpose. Articles of incorporation of both domestic and foreign corpo- rations are recorded by him, and he issues certificates of authority to do business in Iowa. He receives reports from county clerks concerning the criminal cases in the various district courts, and makes an abstract of the same to the governor just before each EXECUTIVE DEPARTMENT 235 regular session of the General Assembly. These abstracts are useful to the governor in connection with his message to the assembly. (Art. IV., Sec. 12). It is the duty also of the secretary of State to receive and preserve all papers sent to him relating to the incorporation of cities and towns. 262 . The Auditor of State. — He is the general accountant of the State, and his books must show all the receipts and expenses, all the debts and credits of the State. He settles with county treasurers and all persons who receive State revenues of any kind, and all who owe money to the State treasury. On the other hand, he settles claims against the State, and gives a warrant over his own signature authorizing the payment of each claim by the State treasurer. If he finds a claim to be just and right, but not provided for by any appropriation, he gives the claimant a certifi- cate that his claim is legal, and this is the basis for an appropriation by the next assembly. He is the general business manager of State affairs, and has charge of all books, papers, mortgages, leases, bonds, etc. , con- nected with the money affairs of the State not required to be kept in some other office. On the first Monday in March and September, he apportions the interest of the permanent school fund of the State among the several counties in proportion to the number of per- sons between five and twenty-one years of age, in each county. 263 . The Treasurer of State. — This officer has charge of the State funds. With the advice and ap- proval of the executive council, he designates one or more banks in the city of Des Moines as a depository of 236 CIVIL GOVERNMENT OF IOWA all receipts of the State, and these banks give bonds for the faithful care of the funds and for the payment of all drafts made by the treasurer. The treasurer makes two receipts for all payments made to the treasury, one of which goes to the party making the payment, and the other to the auditor as a basis for entries in the auditor’s report of receipts and expendi- tures. He pays no money out of the treasury except on the order or warrant of the auditor as stated above. Like all other State officers, he makes an annual report to the governor. 264 . The Attorney-General. — This officer is the legal adviser of the State officers, and acts as prose- cuting attorney for the State in all criminal and civil actions in which the State is a party, and his services are required by the governor, executive council, or General Assembly. He acts for the State in all cases in the Supreme Court. During the first few years of the State government, there was no regular officer that represented the State of Iowa in cases before the supreme and United States courts, an attorney being employed from time to time as the necessities required. However, January 9, 1853, the General Assembly passed a law that provided for the election of such an officer by the vote of the people, and when the constitution of 1857 was drafted, this officer was duly recognized as a State officer, whose term of office was to last for two years. (Art. V., § 12.) His duties were subject to the laws that might be enacted by the General Assembly. 265 - Railroad Commissioners. — The railroad com- missioners are three in number and are elected by the people for terms of four years each. One or two com- missioners are elected at each general election. This board has the supervision of the steam railroads of the State, and insures the proper service of the public in EXECUTIVE DEPARTMENT 237 regard to safety of bridges, number of trains, stations, regulation of passenger and freight rates, and various other matters of importance. It makes an annual re- port to the governor. In accordance with a law passed by the Twenty-sixth General Assembly, the railroad commissioners have also the supervision of express companies in the State. 266 . The Superintendent of Public Instruction. — This officer is elected by the people of the State once in two years. He is allowed a deputy and such other clerical help as the General Assembly sees fit to pro- vide. He has general supervision of the schools of the State. Many circulars of suggestion and information are prepared by him and sent to the teachers of the State. He holds conventions of the county superin- tendents for the discussion of educational questions, and in many ways aids and encourages the teachers of the State. Cases of appeal from the county superintend- ents are decided by the State superintendent, and he gives official opinions on questions of school law to county superintendents, school boards, and other offi- cials. By virtue of his office he is president of the board of trustees of the State Normal School, and of the educational board of examiners, and a member of the board of regents of the State University. He makes a report of the condition of the schools of the State every two years, and every four years publishes the school laws of the State with notes and pertinent quo- tations from important decisions on school questions. During the session of the General Assembly he gives advice on educational matters and urges suitable legis- 238 CIVIL GOVERNMENT OF IOWA lation on questions touching the State Schools and the common schools of Iowa. STATE OFFICERS ELECTED BY THE PEOPLE. Officer. Term. Salary. When Elected. Governor 2 years $5000* General Election. Secretary of State $2200* Treasurer “ $2200* Auditor “ $2200* Lieutenant-Governor “ $1100 session Attorney-General “ $4000 Supt. Pub. Instruction “ $2200 3 Railroad Commissioners 4 years $2200 Supreme Court Reporter Clerk of Supreme Court $2200 Most Prominent Iowa Officers 1. Governors of Iowa : (1) . Territory of Iowa, 1838-1846. Robert Lucas 1838-1841. John Chambers 1841-1845. James Clark 1845-1846. (2) . State of Iowa. Length of term, four years. (a) First constitution, 1846-1857 : Ansel Briggs 1846 to 1850. Stephen Hempstead 1850 to 1854. James W. Grimes 1854 to 1858. (b) Second constitution, 1857. Length of term, two years. Ralph P. Lowe 1858 to 1860. Samuel J. Kirkwood 1860 to 1864. Wm. M. Stone 1864 to 1868. Samuel Merrill 1868 to 1872. Cyrus C. Carpenter 1872 to 1876. Samuel J. Kirkwood Jan. 13 to Feb. 1, 1877. f Joshua G. Newbold Feb. 1, 1877 to Jan. 17, 1878. John H. Gear 1878 to 1882. * Besides $800 as member of Executive Council. -(•Became governor upon the resignation of Governor Kirkwood. SUBORDINATE STATE OFFICERS SELECTED BY APPOINTMENT. EXECUTIVE DEPARTMENT 239 • SH .£| i cS'Ssw' I 'd -<1 »o ~ O* H .£> « a 03 © © >-> CROS y OS t « a tp 03 eS ft 3 O cog 2 a § £ 0^.2 c3 ft 03 JO' 5 3 *2 O ft «* > r 2 a ftft 03 2 © g gUI 60 8*% 'd 2* © §°o « o a © a *© oo'.a "53 ^ ^ “ 5 a< *5 (d-i f 3 ^ -<3 s4 a .3 a aS a •c © i j? •t? st> a W © ‘43 a & a § a 5 a a ei lx * x Ift ft ft 05 ft a o '■d '42 a S3 03 (— i w *+ n , « « © oa re ^ Sli^gS “311 It ® - o « a £ o ^ o t, 00 Oft CO d CO to t a > . . 2 c » ® Jft ft 00 -t* £ fc to- es 'O & 1 O * ® g ,~pO s ’33 i 2 -o^-h ;©!»a3''aa4t>'o isia^-g^.a != ag-« O 5 <»{/}£ ^ r- 111 •= rt! . 2^0 t* o . © -M rH -tj © a ©do a -5 £ a a ® x W ft Vh ^ o C5 rp a 3 © o ft ft I b ft .2 2 £ © Q 1 «”rK ft «o t_ e_ .2 -£ © °s§ t3 t3 5 -2 £ sh x a cs a m ^-5 o o " 'd M M <1 o 5 ofl 'gl a 9 o.2 ©1 ^ 'O 02 ft © © © © a .2 «ft © © ts 3 aQaQ By Board of Trustees ; see § 97. f Besides ex-afficiis members. 240 CIVIL GOVERNMENT OF IOWA Buren R. Sherman ....... William Larrabee Horace Boies Frank D. Jackson Francis M. Drake Leslie M. Shaw Albert B. Cummins 2. United States Senators: George W. Jones, from Augustus C. Dodge, from . . James Harlan, from James W. Grimes, from Samuel J. Kirkwood, from . . James Harlan, from James B. Howell, from George G. Wright, from . . . William B. Allison, from . . . Samuel J. Kirkwood, from . . James W. McDill, from James F. Wilson, from John H. Gear, from Jonathan P. Dolliver, from . 1882 to 1886. 1886 to 1890. 1890 to 1894. 1894 to 1896. 1896 to 1898. 1898 to 1902. 1902 to 1848 to 1859. 1848 to 1855. 1855 to 1865. 1859 to 1869. 1865 to 1867. 1867 to 1873. 1870 to 1871. 1871 to 1877. 1873 to 1877 to 1881. 1881 to 1883. 1883 to 1895. To fill vacancy. To fill vacancy. To fill vacancy. 1895 to 1900. Died July 14, 1900. 1900 to 267- Outline. — Executive power. Vested in, Art. IV., Sec. I, Title, Election, Sec. 2. By whom ; When, Year, Month, Day; For how long, Contingency ; Record, Sec. 3. How treated, To whom sent, How opened, How published ; EXECUTIVE DEPARTMENT 241 Votes necessary to election, Sec. 4. Case of tie, How settled, Kind of vote, Art III, Sec. 38; Contested election, How settled, Art. IV., Sec. 5; Eligibility, Citizenship, Residence, Age, Sex; Disqualifications, Art. I., Sec. 5, Art. II., Sec. 5, Art. IV., Sec. 14, Constitution of the United States, Amendment XIV., Sec. 3; Term, Begins, Sec. 15, Ends, Contingency; Substitute, Sec. 17, Title, When does he act t Four cases, Usual function, Sec. 18. Voting power, Who presides in his absence ? Succession to the Governor’s office, Sec. 19; Custody and use of the Seal of the State of Iowa, Sec. 20; Grants and commissions, Sec. 21, In whose name, How stamped, How signed; Functions, Military, Sec. 7, Administrative, Sec. 8, Executive, Sec. 9, Appointive, Sec 10, Term of such appointments, Appointing power by statute (see table); CIVIL GOVERNMENT OF IOWA 242 Extra sessions of General Assembly, Sec. 11, Statement to General Assembly, What business may be performed at extra session ? Advisory power, Sec. 12; Touching adjournment, Sec. 13, Restriction; Pardoning, etc., Sec. 16, Restrictions, Constitutional, Statutory provision, Notes, Touching treason, Touching murder, Code, § 5626, Remission of fines, Report to assembly; Salary, Supplementary executive officers, Sec. 22, Titles, Mode of election, Term of service. Note. — Although the lieutenant-governor has the right to vote in case of a tie, he very seldom exercises the right, and the privilege does not extend to cases where a constitutional majority (Cons. Art. III., Sec. 17) is required, as in the final passsage of a bill. CHAPTER XX ARTICLE V. JUDICIAL DEPARTMENT 268 , General Provision. — Section 1. The Judicial power shall be vested in a Supreme Court, District Court, and such other courts, inferior to the Supreme Court, as the General Assembly may from time to time establish. The General Assembly has acted on the authority here granted, and has established various inferior courts, some of which have since been abolished. A description of the circuit court, which for a time shared in the work of the district court, will be given later (273). The outline as shown on page 244 shows the court system of Iowa as it is to-day : 269 . The Supreme Court. — Sec 2. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum to hold court. Sec. 3 . The Judges of the Supreme Court shall be elected by the qualified electors of the State, and shall hold their court at such time and place as the 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. 243 OUTLINE OF SYSTEM OF COURTS IN IOWA. 244 CIVIL GOVERNMENT OF IOWA .5 S3 O fflOO 5 ^ . fc, ^ ? o© © £ -S sjj® O 03 ^ c H 02 © © I i ^1 ° 0 ■Sog i§ o.S$-n fS|l g _ 5 " 6 fc " H s a ££ . © Pq As t . > hco o 22 ^ S > v <« ® a © 0 “ 2 o o C .2 .2^ a .2 e 1 1 fl k M •H 5 ® . w cc ^ ■ r * 1 Oj 1 ©Ji? © § g 2 «.s © > O * ® OJ -r r* bp* cS . 2 © cS '“* >> U O _ © > © O S •aoTAaag ijo ivaax •AHViyg •sasYO omaioact aoa Knaon^ •saoanf ao ’ojsj; Si + ^ * Allowed in cities of 4,000 inhabitants or over. JUDICIAL DEPARTMENT 245 Sec. 4 . The Supreme Court shall have appellate juris- diction only in cases in chancery, and shall constitute a court for the correction of errors at law, under such restrictions as the General Assembly may, by law, prescribe; and shall have power to issue all writs and processes necessary to secure justice to parties, and exer- cise a supervisory control over all inferior judicial tribunals throughout the State. Section 10 allows the General Assembly to change the number of judges in the supreme and district courts, and changes have been made at various times. At present there are six judges in the supreme court, two of whom go out of office every two years. Notice that a judge of the supreme court may not resign his place on the bench to accept any other office in the State of Iowa. Cases in chancery are cases where the strict appli- cation of the law would not work justice. Such cases are also called cases in equity. They are apt to arise in connection with partnerships, and in connection with contracts where a claim is made that an under- standing exists between the parties not strictly in accordance with the wording of the contract. Errors at law are erroneous decisions by the judge of the lower court on the meaning or application of the law touching the case. In cases of appeal, the supreme court does not retry a law-case, but reviews the decisions of the lower courts, and, if wrong decisions have been made, they are revised or modified and a new trial is required in the district court. 270 . Writs and Processes. — Writs of mandamus are orders issued by a superior court commanding an officer to perform his duty in some particular. A 246 CIVIL GOVERNMENT OF IOWA refusal to obey such a writ is an offense called con- tempt of court, and is punished by fine and even by imprisonment. Not very long ago a titled and wealthy lady in England destroyed certain papers belonging to the evidence before the court in a case in which she was interested. The court declared her to be guilty of contempt, and sentenced her to six weeks imprison- ment in Holloway Street Jail. Even an appeal to the Home Secretary could not save this lady of rank from serving her sentence. The dignity and authority of the court must be preserved. Writs of injunction are orders issued by a court requiring parties to do or refrain from doing certain acts, either private or official. A writ of injunction is more generally used as a preventive than as a restorative process, although by no means confined to the former. Writs of mandamus and injunction may be and frequently are issued by lower courts, as the district court. 271 , The District Court. — 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 suc- cessor 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. Notice that the district judge may resign to accept the office of supreme judge. Sec. 6. The District Court shall be a court of law and equity, which shall be distinct and separate juris- dictions, and have jurisdiction in civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. JUDICIAL DEPARTMENT 247 Equity is natural justice as distinguished from legal justice. Equitable jurisprudence in England and the United States grew up from the inadequacy of common law forms to secure justice in all cases. Equity cases are also called cases in chancery. Formerly equity cases and law cases were tried in different courts, and today the Court of Chancery in England sits at Lon- don, while the judges of the law courts go in circuit to the different counties. Cases in law and cases in equity are now commonly tried in the same court, acting in different capacities. This is the case in the district courts of Iowa, which sometimes sit as law courts and sometimes as equity courts. A lawyer was defending his client in a court of law in this State, and claimed that there was a distinct understanding between his client and the other party to the contract, putting a peculiar and uncommon construction on certain phrases in that contract. The judge reminded the lawyer that if he wished to introduce evidence of intentions at variance with the letter of contract, he must bring the case before a court of equity, and that the court was at present sitting as a court of law. 272 . Civil and Criminal Cases. — Civil cases are those involving the private rights of individuals or corporations. In such cases, one party, called the plaintiff, brings suit against the other party, who is called the defendant. Both parties may be private individuals, or either may be a corporation. A funda- mental principle of law is that a sovereign state maj not be sued by an individual, but the United States* has provided a court of claims to consider and pass judgment upon claims of citizens against the United 248 CIVIL GOVERNMENT OF IOWA States. A man may not sue the State of Iowa, but he may secure a certificate as to the legality of his claim from the auditor of State, and use this in presenting his claim before the General Assembly, which, by a two- thirds vote, may grant an appropriation to satisfy the same. (See notes on Art. III., Sec. 31.) The out- come of a civil suit is a judgment in favor of the plaintiff or defendant, and may require the payment of a sum of money to the plaintiff. This judgment is recorded by the clerk of the court, and becomes a lien on the real property of the defendant. Criminal cases are those involving the commission of an offense against the laws of the State or municipality, a public wrong. In criminal eases the plaintiff is the State, and the defendant is the one accused of breaking the law. The outcome of a criminal case is the acquittal or conviction and punishment of the defendant. 273 . Style of Process, Salary, Etc. — Sec. V. The Judges of the Supreme and District Courts shall be con- servators of the peace throughout the State. Sec. 8. The style of all process shall be 4 4 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 dollars 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 compensation 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. The salary of the judges of the supreme court is now $6,000; that of the judges of the district courts is $3,500. JUDICIAL DEPARTMENT 249 274 . Changes in Districts and Judges. — 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 Dis- trict, or one Judge of either Court, at any one session; and no reorganization of the districts, or diminution of the number of Judges, shall have the effect of removing a Judge from office. Such reorganization of the dis- tricts, or any change in the boundaries thereof, or increase or diminution of the number of Judges, shall take place every four years thereafter, if necessary, and at no other time. (Amendment. ) At any regular session of the General 250 CIVIL GOVERNMENT OF IOWA Assembly, the State may be divided into the necessary Judicial Districts for District Court purposes, or the said districts may be reorganized and the number of the districts and the Judges of said courts increased or diminished; but no reorganization of the districts or diminution of the Judges shall have the effect of remov- ing a Judge from office. (The foregoing amendment was adopted at the general election in 1884.) This section provides for all necessary changes in the courts of Iowa, but protects judges of the supreme and district courts from being thrown out of office before the end .of the term for which they were elected, by any decrease in the number of judges. There is no such constitutional provision protecting the judges of the lower courts or of the circuit courts described in the note below. Therefore, when the circuit courts were abolished, the circuit judges lost their positions, and although they brought their cases into the Supreme Court, it was decided that they had no vested rights, and could therefore be removed with the abolition of the court by an act of the General Assembly. Changes in the Judicial Department. — (1) The Changes in the Supreme Court. The constitution of 1846 provided for a supreme court of three members— the chief justice and two associates. In the transaction of business, two of them constituted a quorum. To provide that they should be as free from partisan politics as possible, they were elected by the General Assembly for a term of six years. To accommodate the interest of the State, the court convened at such times and places as the General Assembly directed. As a conse- quence of this policy, the court met for many years in various places in the State, until finally, after the completion of the capitol at Des Moines, the court was permanently located at the capital city. The constitution of 1857 changed the plan of election of the judges so that they were chosen by the qualified electors of the State, and their terms of office were so changed as to expire at different times, JUDICIAL DEPARTMENT 25 * while the chief justice became the one that had the shortest time to serve, coming to this official rank by rotation. The number of judges remained for a time at three, but the amount of business so increased that it became necessary to enlarge the number to five, and afterward to six — the present number of members in the Iowa Supreme Court. The Changes in the District Court.— (2) The constitution of 1846 provided for the organization of courts of original jurisdiction in cases in law and equity, and all civil and criminal cases arising under the laws where trial was to occur before being heard by the supreme court. At the beginning, there were four judicial districts, and one judge to each district. The number of districts was increased from time to time as the necessities of the business required. The constitution of 1857 changed the length of the term of the district judge’s office from five to four years, and the General Assembly has from time to time increased the number of districts until, in 1908, there were twenty districts, and from one to four judges in each district. Circuit Courts . — At one time the courts had so much business that it became necessary to reorganize the courts in some ways, so as to have more judges. As the constitution then was, there was a district attorney to represent the State in all criminal actions, to each district judge, and an increase in judicial districts would multiply these district attorneys, which was not considered necessary or expedient. Hence the General Assembly provided for a new judge to each district to be called a circuit judge, whose jurisdiction consisted of all probate business, and besides had concurrent jurisdiction with the district court in all civil business. The criminal business belonged to the district court alone. (167.) After the amendment to the State constitution (1884) that pro- vided for the selection of a county attorney foy each county to repre- sent the State in all criminal actions, and the abolishment of the office of district attorney, the district court system was reorganized; the circuit court, as it had been called, was abolished, and from one to four judges were provided by law for the several districts, as the needs of the business of each district required. 275 . Judges and Attorneys. — Sec. 11. The Judges of the Supreme and District Courts shall be chosen at the general election; and the term of office of each Judge shall commence on the first day of January next after his election. 252 CIVIL GOVERNMENT OF IOWA 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 qual- ified. Sec. 13. The qualified electors of each judicial dis- trict shall, at the time of the election of District Judge, elect a District Attorney, who shall be a resident 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. (The foregoing section was stricken out and the fol- lowing substituted therefor at the general election in 1884.) Sec. 13. The qualified electors of each county shall, at the general election in the year 1886, and every two years thereafter, elect a county attorney, who shall be a resident of the county for which he is elected, and shall hold his office for two years, and until his successor shall have been elected and qualified. Changes in the office of County Attorney . — The constitution of 1846 provided for the office of prosecuting attorney, the officer to be elected by the several counties at the general election. This officer was the advisor of the several county officers, and represented the State in all criminal cases tried before the district court. The con- stitution of 1857 dropped the provision regarding the county prose- cuting attorney, and substituted a district attorney to be chosen by the electors of each judicial district. This was done in the interests of economy and also in the hope of providing more efficient officers than was possible under the prosecuting attorney system, since a lawyer could afford, with such an extent of territory, to give all his time to the prosecution of offenders against the criminal laws of the State. After a time the office of district attorney was found to interfere with the proposed reorganization of the district courts, and in 1884, by a constitutional amendment, the office of district attorney was abolished and that of county attorney restored, the term of service being changed to two years. 276, The Grand Jury. — Sec. 14. It shall be the duty of the General Assembly to provide for the carry- JUDICIAL DEPARTMENT 253 in g into effect of this article, and to provide for a general system of practice in all the Courts of this State. (Amendment.) The grand jury may consist of any number of members, not less than five, nor more than fifteen, as the General Assembly may by law provide, or the Genera] Assembly may provide for holding persons to answer for any criminal offense without the inter- ference of a grand jury.) (The foregoing amendment was adopted at the general election in 1884.) Care should be taken to distinguish between a grand jury and a petit jury. The grand jury finds an indict- ment or presentment against a supposed criminal, charging him with the crime and requiring him to appear before the district court and be tried on the indictment. Notice that this amendment provides for abolishing the grand jury. How does this amendment affect Article I., Sec. n, of the Bill of Rights? An indictment is an accusation formally drawn up by a prosecuting officer and laid before the grand jury, with the evidence pointing toward the guilt of the accused. If the members of the jury think the evidence suffi- cient to warrant a trial, they endorse the paper with the words, “A true bill.” If the evidence is not, in their opinion, sufficient, they endorse the words, “Not a true bill.” In the latter case, the accused is not obliged to undergo a trial, though he may be indicted by another jury later, and so brought to trial. A presentment is an accusation by a jury on their own knowledge, or on evidence before them, and is not based on the suit of the government. If the jury pre- sents a person, he must be regularly indicted before he can be put on trial. (Hinsdale’s “American Gov- ernment,” § 551. p. 308 *) 254 CIVIL GOVERNMENT OF IOWA Supreme Judges. *fCharles Mason, 1838-47. *fThomas S. Wilson, 1838-47. * Joseph Williams, 1838-55. fjohn F. Kinney, 1847-54. George Green, 1847-55. S. C. Hastings, 1848-49. Jonathan C. Hall, 1854-55. f George G. Wright, 1855-70. Wm. G. Woodward, 1855-60. f Norman W. Isbell, 1855-56. Lacon D. Stockton, 1856-60. Caleb Baldwin, 1860-63. Ralph P. Lowe, 1860-67. John F. Dillon, 1864-70. ■(•Chester C. Cole, 1864-76. Joseph M. Beck, 1868-91. James G. Day, 1870-83. fElias H. Williams, 1870. William E. Miller, 1870-75. Austin Adams, 1876-87. James H. Rothrock, 1876-97. William H. Seevers, 1876-88. f Joseph R. Reed, 1884-89. Gifford S. Robinson, 1888-99. Charles T. Granger, 1889-1900. Josiah Given, 1889-1901. LeVega G. Kinne, 1892-97. Horace E. Deemer, 1894-. Scott M. Ladd, 1897-. fChas. M. Waterman, 1898-1902. John C. Sherwin, 1900-. Emlin McClain, 1901-. Silas M. Weaver, 1902-. Charles A. Bishop, 1902-. 277 . The Petit Jury. — The petit jury comprises twelve men, who listen to the evidence for and against the accused, as it is given during the trial, and at the close of the trial decide whether the defendant is guilty or not. In a trial for murder in the first degree, they also decide whether the punishment shall be death or life imprisonment at hard labor. (Code § 4731.) * Held over from territorial government ; see § 46, f Resigned office. JUDICIAL DEPARTMENT 255 “ The following persons are exempt from liability to act as jurors: All persons holding office under the laws of the United States or this State; all practicing attorneys, physicians, registered pharmacists, and clergymen; all acting professors or teachers of any college, school, or other institution of learning, and all persons disabled by bodily infirmity or over sixty-five years of age; active members of any fire company, and any person who is conscientiously opposed to act- ing as a juror because of his religious faith.” (Laws of Twenty-sixth General Assembly, page 6 1 .) Any person may be excused from jury service when personal interests, or the health of his family require his absence from court. Lists are annually selected by the judges of the various precincts in every county. From these lists the members of grand and petit juries are chosen by lot by a committee comprising the county auditor, clerk, and recorder. The number of names on the lists is indi- cated in the following tables. The number chosen by lot constitute a panel, and the number on each panel is indicated below. A talesman is a person summoned to complete a jury when the regular panel is exhausted by challenges or is otherwise deficient. GRAND PETIT TALES* JURORS. JURORS. MEN. Number of names in lists of counties of 20,000 or less 75 400 150 Number of names in lists of counties of over 20,000 75 800 300 Panel in counties of less than 15,000 12 15 Panel in counties of 15,000 or more 12 24 Limit of panel in single county districts... 12 72 Number of complete jury chosen by lot from ths panel 7 12 256 CIVIL GOVERNMENT OF IOWA Note. — The number on the panel of a petit jury may be increased by the order of the court. Tales- men are always citizens of the town where the court is held, or of the immediately adjacent townships. The names of the jurors are to be drawn twenty days prior to the court session, and the persons chosen are sum- moned by the sheriff. The jury of a justice’s court con- sists of six men, who are selected and summoned by the constable. 278. Outline. — From the above article, fill the following outline of Judicial Department: State Courts, Those named in the Constitution, Provision for additional courts, History of such additions, (Note and table of courts); Supreme Court, Number of Judges, Sec. 2, According to the Constitution, Quorum, Provision for a change in number, Sec. 10, Frequency of such changes, Result on term of judges, Number at present, (Note); Election, How, Sec. 3. When, Sec. 11. Term, Length, Sec. 3. Beginning, Sec. 11. Classification. Ineligibility. Chief Justice, Sec. 3. Jurisdiction, Sec. 4. Salary, Sec. 9. Formerly, Now, How determined (Notes and table). JUDICIAL DEPARTMENT 257 District Court. Number of districts, Sec. 10. Provision for change. Number at present. (See map, p. 249.) Number of Judges by Constitution, Sec. 5. Provision for change, Sec. 10. Frequency of change, Amendment, Sec. 10. Result on term of Judges; Term; Election, How, When, Sec. 11; Salary, Formerly, Now, Sec. 9, notes; The Attorney-General, Term of service, Sec. 12; The District Attorney, Sec. 13. (Superseded. ) The County Attorney, Amendment to Sec. 13; The grand jury, Amendment. Limitation as to number, Provision for abolishing. 279 , Militia. — Article VI., Section 1. The militia of this State shall be composed of all able-bodied {white) 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. (Amended by striking out the word “white,” at the general election in 1868.) Sec. 2. No person or persons conscientiously scru- pulous of bearing arms shall be compelled to do mili- tary 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. All persons who have served in the United States army and have been honorably discharged, are exempt from duty under the military laws of the State, but 258 CIVIL GOVERNMENT OF IOWA are allowed to join the organized militia if they wish. The unorganized militia are listed by the assessors of the various townships as stated in the chapter on local government ( 145 ), and, after being reported to the county auditor, the list is forwarded to the adjutant- general at Des Moines. 280. Officers. — Sec. 3. All commissioned officers of the militia (staff officers excepted) shall be elected by the persons liable to perform military duty, and shall be commissioned by the governor. Commissioned officers are elected for five years by the enlisted members of the State militia; that is, by the members of the National Guard. 28 1 . Outline Study. Militia, Art. VI. Comprises whom, Section 1. Exception, How armed, How Equipped, How trained; The word 44 white”; Exemption from duty, Sec. 2 Provision, Meaning of same* Officers, Sec. 3. CHAPTER XXI STATE DEBTS AND CORPORATIONS ARTICLE VII 282 . Purpose and Limits. — Section 1. The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, association, or corporation; and the State shall never assume, or become responsible for, the debts or liabilities of any individual, 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 expenses not otherwise provided for; but the aggre- gate amount of such debts, direct and contingent, whether contracted by virtue of one or more acts of the General Assembly, or at different periods of time, shall never exceed the sum of two hundred and fifty thousand dollars; and the money arising from the creation of such debts shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever. It will be seen that great pains was taken to prevent the legislature from involving the State in needless debt, but the following sections provide for exceptional cases. 283 . First Exception to Limit. — 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 State, in favor of the respective fund, sus- taining the loss, upon which not less than six per cent. 259 260 CIVIL GOVERNMENT OF IOWA annual interest shall be paid. The amount of liability so created shall not be counted as a part of the indebted- ness authorized by the second section of this article. The educational funds of the State coming from the Federal land grants (130 and 296-301) must be sacredly guarded, and this is the first exception to the general restriction on State indebtedness. Such a loss was incurred early in the history of the State, and, in accordance with this section, the State issued bonds to the amount of $234,498.01 as a per- manent debt to make good the loss to the school fund. This debt was not paid until 1893, when the United States government repaid to Iowa her share of the Direct War Tax of 1861. (Hinsdale’s American Government , § 343.) The receipt of this money from the Federal Government enabled Iowa to pay her bonds, and left about $150,000 to be expended on a Soldiers’ and Sailors’ Monument to be erected on the grounds of the State Capitol. ( 77 )- 284 . Second Exception to Limit, — 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 whatever. All ordinary restrictions may need to be laid aside under the danger of invasion or serious insurrection, and this second exception is evidently wise and proper. 285 . Third Exception. — Sec. 5 . Except the debts hereinbefore specified in this article, no debt shall be hereafter contracted by or on behalf of this State, unless such debt shall be authorized by some law for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the STATE DEBTS AND CORPORATIONS 26l collection of a direct annual tax, sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal of such debt, within twenty years from the time of contracting thereof, but no such law 7 shall take effect until at a general election it shall have been submitted to the people, and have received a majority of all the votes cast for and against it at such election, and all money raised by authority of such law shall be applied only to the specific object therein stated, or to the payment of the debt created thereby, and such law shall be published in at least one newspaper in each county, if one is published therein, throughout the State, for three months preceding the election at which it is submitted to the people. Sec. 6. The legislature may, at any time after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may, at any time, forbid the contracting of any further debt, or liability, under such law; but the tax imposed by such law, in proportion to the debt or 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. The third exception to the law restricting the indebtedness of the State is based on the principle of the “ referendum. ” In Switzerland, it is customary to require laws to be referred to the people for sanc- tion before they take effect, and it is the opinion of many that the same plan would be of advantage in the United States. Notice how carefully provision is made for the annual payment of interest and the liquidation of the whole debt within twenty years; also for cases where the necessity disappears for bor- rowing the whole amount authorized. 286 . Requirement. — 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; 262 CIVIL GOVERNMENT OF IOWA and it shall not be sufficient to refer to any other law to fix such tax or object. 287 . Outline Study. State debts, Art. VII. Prohibition against, Sec. 1. Granting the credit of the state, Assuming certain debts. Exception; Contraction of state debt, Sec. 2. For what purposes, General limitation; First exception, touching certain funds, Sec. 3. Provision for such cases, Second exception, touching public danger, Sec. 4. Provision, Third exception, by referendum, Sec. 5. How paid, Limit of time, Publication, Payment of interest, Repeal of law, Sec. 6. Restriction. Requirement touching all laws imposing or reviving taxes, Sec. 7. 288 . Corporations.— “A corporation is a body consisting of one or more natural persons, empowered by law to act as an individual, and continued by a succession of members .’ * A corporation may own property, sue, and be sued like an individual. There are (1) public or municipal corporations, created for political purposes and sometimes spoken of as political corporations; (2) private or civil corporations created for the private emolument of the members. Cities, counties, and incorporated towns are examples of the first kind, and railroad companies, banks, and manufacturing companies are examples of the second kind. STATE DEBTS AND CORPORATIONS 263 Article VIII., Section 1. 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 herein- after provided. Sec. 2. The property of all corporations for pecuniary profit shall be subject to taxation, the same as that of individuals. Sec. 3 . The State shall not become a stockholder in any 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. Section 1 guards against corporations monopoliz- ing privileges by securing rights which others may not have under similar circumstances. The justice of Sec. 2 is very evident. As the State may not be sued, it would be an unwise plan to allow a State to become a stockholder in any corporation which can be sued. 289 , Prohibition. —Sec. 4 . No political or muni- cipal corporation shall become a stockholder in any banking corporation, directly or indirectly. This means that no county, city, or town can hold stock in any bank. The county, city, and town, unlike the State, are liable to suit, but a strong prejudice against banks existed in the State when the constitu- tion was adopted (38, 42, 43), and this section is inserted in deference to this feeling and the belief that even local government should have no interest in bank- ing establishments. 290 . Bank Legislation. — Sec. 5 . No act of the General Assembly, authorizing or creating corporations or associations with banking powers, nor amendments thereto, shall take effect, or in any manner be in force, until the same shall have been submitted, separately, to the people, at a general or special election, as provided by law, to be held not less than three months after the pas- 264 CIVIL GOVERNMENT OF IOWA sage of the act, and shall have been approved by a majority of all the electors voting for and against it at such election. Here is another case of referendum. Notice the three months clause. 29 1 . Provision for a State Bank. — Sec. 6. Sub- ject to the provisions of the foregoing section, the General Assembly may also provide for the establish- ment of a State bank with branches. Sec. 7 . If a State bank be established, it shall be founded on an actual specie basis, and the branches shall be mutually responsible for each other’s liabilities upon all notes, bills, and other issues intended for cir- culation as money. Sec. 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of State, of all bills, or paper credit designed to circulate as money, and require security to the full amount thereof, to be deposited with the State treasurer, in United States stocks, or in interest paying stocks of States in good credit and standing, to be rated at ten per cent below their average value in the city of New York, for the thirty days next preceding their deposit; and in case of a depreciation of any portion of 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. (71). A bank wishing to have the privilege of issuing bills of credit, as they are called in the Constitution of the United States or bank bills to the amount of $9,000, must deposit United States bonds (or other security satisfactory to the State), worth $10,000 in the New York market, and if at any time these bonds come to be worth less than $9,000, more bonds must STATE DEBTS AND CORPORATIONS 265 be deposited to make up the deficiency. State banks are numerous, but none of them issue bank-bills because of the United States tax of ten per cent on State bank currency. 292 . Responsibility of Stockholders. — Sec. 9. Every stockholder in a banking corporation or institu- tion 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, accruing while he or she remains such stockholder. A stockholder owning $10,000 worth of stock is thus liable for $20,000 in case that amount is needed to make good the deficiency of funds when the bank fails. 293 . Further Protective Measures. — Sec. 10. In case of the insolvency of any banking institution, the bill-holders shall have a preference over its other creditors. Sec. 11. The suspension of specie payment by bank- ing institutions shall never be permitted or sanctioned. 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 cor- porations, 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, except as in this article provided, shall ever be granted. Any one who has a bank bill is a creditor of the bank. The general plan of State bank currency is the same as that of the National Banks, but it was of earlier date, the first National Banking Law being passed in 1863. The suspension of specie payment means the refusal to redeem obligations in real money or coin. 266 STATE DEBTS AND CORPORATIONS 294 . Outline Study. Corporations. Provision for their organization, Section 1. Restriction touching laws, Taxation, Sec. 2. The State as a stockholder, Sec. 3; Assumption of corporation debts, Exception; Banking corporation, Sec. 4. Restriction touching stockholders. Banking laws, Sec. 5. Restrictions on passing same. State bank, How established, Sec. 6. Restriction, On what basis, Sec. 7 Responsibility of branches, Security of currency, Sec. 8. How rated. Stockholders, Sec. 9. Extent of responsibility; Creditors having preference, Sec. 10. Suspension of specie payment, Sec. 11 . TOPICS AND QUESTIONS. 1 . A very interesting article will be found in the April (1897) number of Iowa Historical Record , on 4 4 Some Iowa Bank History. ’ ’ 2. Look up the subject of Wild-cat banking in the United States. CHAPTER XXII ARTICLE IX. EDUCATION AND SCHOOL LANDS 295 . State Board of Education. — The first part of Article IX. is a matter of interest simply as history. It provides for a State Board of Education, but by Section 1 5 allows that board to be reorganized or abolished after the year 1863. The Tenth General Assembly did abolish the board. (See Laws of Tenth General Assembly, Chapter LII., Sec. 1.) We insert the article in full, as part of the Constitution, recom- mending that it be read over by the class. FIRST. Education. — Section 1. The educational interest of the State, including common schools and other educational institutions, shall be under the management of a Board of Education, which shall con- sist of the lieutenant-governor, who shall be the presiding officer 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 member of said board who shall not have attained the age of twenty-five years, and shall have been one year a citizen of the State. Sec. 3. One member of said board shall be chosen by the quali- fied electors of each district, and shall hold the office for the term of four years, and until his successor 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 expiration 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 extraor- dinary occasions, when, upon the recommendation of two thirds of the board, the Governor may order a special session. 26 ? 268 CIVIL GOVERNMENT OF IOWA Sec. 6. The Board of Education shall appoint a secretary, whc shall be the executive officer of the board, and perform such duties 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. Sec. 7. All rules and regulations made by the board shall be pub- lished and distributed to the several counties, townships, and school districts, as may be provided for by the board, and when so made, published and distributed, they shall have the force and effect of law. Sec. 8. The Board of Education shall have full power and author- ity 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 contingent expenses shall be pro- vided for by the General Assembly. Sec. 11. 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 re- ceive the same per diem during the time of their session, and mileage going to and returning therefrom, as members of the General Assem- bly. Sec. 14. A majority of the board shall constitute a quorum for the transaction of business; but no rule, regulation, or law, for the gov- ernment of common schools or other educational institutions, shall pass without the concurrence of a majority of all the members of the board, which shall be expressed by the yeas and 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 sixty-three, the General Assembly shall have power to abolish or re-organize said Board of Education, and provide for the educa- tional interest of the State in any other manner that to them shall seem best and proper. SECOND. 296. School Funds and School Lands. — Section 1. The educa- tional and school funds and lands shall be under the control and management of the General Assembly of this State. EDUCATION AND SCHOOL LANDS 269 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 University. The interest arising from the same shall be annually appropriated for the support and benefit of said Univer- sity. Sec. 3. The General Assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this State, for the support of schools, which may have been, or shall hereafter be sold, or disposed of and the five hundred thousand acres of land granted to the new States, under an act 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 Congress, 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 inviolably appropriated to the support of common schools throughout the State. 297 . United States Land Grants. — 1. School Lands. The first land grant for school purposes originated in the ordinance of 1785, confirmed July 23, 1787, and ratified by Congress in 1789, after the adoption of the present Constitution. At first the six- teenth section of every congressional township was set apart for the maintenance of common schools. The provision for Iowa was made in a law passed by Con- gress in 1845. All States admitted previous to 1850 received a grant of the sixteenth section. All States organized after that time have received both the six- teenth and thirty-sixth sections of every township. In 1841, sixteen States, among which was Iowa, each received 500,000 acres of land. Later certain swamp lands were granted to Iowa and other states, and five per cent of the sale of government lands was devoted to the school fund in each State. 2. University Land Grant. Two townships have 270 CIVIL GOVERNMENT OF IOWA been set apart in each State for the maintenance of higher education. This is the basis for the State universities now so common. 3. In 1862, a grant of 30,000 acres of land was made for each Senator and Representative in Con- gress; the proceeds of these lands was made a perpetual fund for the support of agricultural col- leges in the various States. By the wording of this act the distinctive purpose of these agricultural col- leges was 4 ‘ without excluding other scientific and classical studies and including military tactics , to teach such branches of learning as are related to agri- culture and the mechanic arts in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life.” See article on Land Grants in Report of Commissioner of Education for 1880, pp. xxiv-xxvi, and for 1892 and 1893, pp. 1268-1283. 298 . Other Sources of School Fund.— 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 ex- clusively applied, in the several counties in which such money is paid or fine collected, among the several school districts of said counties, in proportion to the number of youths subject to enumeration in such dis- tricts, to the support of common schools, or the estab- lishment of libraries, as the Board of Education shall from time to time provide. 299 * Care and Disposal of Funds. — Sec. 5 . The General Assembly shall take measures for the protec- tion, improvement or other disposition of such lands as EDUCATION AND SCHOOL LANDS 27I have been or may hereafter be reserved, or granted by the United States, or any person or persons, to this State, for the use of the university, and the funds accru- ing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be, and re- main, a permanent fund, the interest of which shall be applied to the support of said university, for the promo- tion of literature, the arts and the 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 per- manent security of the funds of said university. The agricultural grants were made five years after this Constitution went into effect. Notice that only the interest on the proceeds of the sale of lands, and the rent of the lands unsold, can be used ; the princi- pal must remain a permanent fund effectually pro- tected from fraud by Article VII., Section 3 . 300 . Agents and Distribution. — Sec. 6 . The finan- cial agents of the school fund 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. The State and county auditors have charge of the school funds, and distribute the income as provided below. Sec. 7. The money subject to the support and main- tenance 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. The secretary of the school board in each district makes every year an enumeration of all persons be- tween the ages of five and twenty-one years, which serves as the basis for the distribution of school funds. 272 CIVIL GOVERNMENT OF IOWA 301. Outline Study.— School Funds and School Lands: Their control and management, Article IX., Part II., Section I. Land grants of the United States, By ordinance of 1785, For common schools, For universities. By act of Congress in 1848, For common schools. By act of Congress in 1841, Effect on Iowa. Swamp lands, 1849, 1850 and 1860. By act of 1862. For agricultural colleges. Protection of the university lands, Sec. 2. Enumeration of several aids to schools, Sec. 2-Sec. 4. Further protection of school funds, Sec. 5. / Agents of school funds, Sec. 6. Distribution of same, Sec. 7. 302. Amendments to the Constitution. — Article X., Section 1. 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 houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice, and if, in the General Assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the General Assembly to submit such proposed amendment 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 amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment or amend- EDUCATION AND SCHOOL LANDS 273 ments shall become a part of the Constitution of this State. A constitution should contain only the fundamental law upon which all parties are agreed and then it should not be often or easily amended. Political parties may be opposed touching statutory law, but such laws may be repealed by the next General Assembly. All parties should be equally cordial in their support of the constitution. There is a very questionable tend- ency of late years toward introducing into new State constitutions matters on which there is apt to be much difference of public opinion, and which ought rather to be controlled by statutes subject to legislative repeal. In our own State the method of securing an amendment is such as to protect the constitution against any hasty action. The prohibitory amendment of 1882, although it was endorsed by a majority of 30,000 votes, failed to become a part of the constitu- tion because of a clerical error in copying. (See note on Art I., Sec. 26.) Notice the requirement to publish the proposed amendment after it has passed the General Assembly, so that the people may know its nature, and elect such members to the next General Assembly as shall carry out their desire touching the amendment. 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. This is to prevent confusion and to secure a clear expression of the will of the voters. 303 . Revision. — Sec. 3 . At the general election to be held in the year one thousand eight hundred and 274 CIVIL GOVERNMENT OF IOWA seventy, and in each tenth year thereafter, and also at such times as the General Assembly may, by law, pro- vide, 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 con- vention for such purpose, the General Assembly, at its next session, shall provide by law for the election of delegates to such convention, This provision gives the people a chance to revise the constitution once in ten years. The Constitution of Iowa was amended in 1868 by striking out the word “ white,” where its presence con- flicted with the XIV. and XV. amendments to the Con- stitution of the United States. In 1880 the word “ white ” was by amendment stricken from qualifica- tions of senators and representatives. In 1884, amend- ments 1, 2, 3, and 4 were passed : (1) Changing the time of the general election to conform with the date set by the general government for the choice of presi- dential electors. (2) Altering provisions for changing and reorganizing judicial districts. (3) Touching the grand jury and providing for the possibility of its being abolished. (4) Substituting a county attorney for the district attorney. In 1904 amendments were adopted providing for biennial elections, and making new provisions as to the number and apportionment of State senators and repre- sentatives (247, 248, 249). 304- Outline Study. Amendments, Proposed, Sec. 1. By whom. Vote necessary. EDUCATION AND SCHOOL LANDS 275 Advertised. When, How. Endorsed by whom, Vote necessary. Submitted, To whom. Ratified, By whom, Vote necessary. Provision for several amendments at once, Sec. 2. Provision for periodic revision of the Constitution, Sec. 3. 305 . Miscellaneous. — Article XI., Section 1. Juris- diction. The jurisdiction of justices of the peace shall extend to all civil cases (except cases in chancery, and cases where the question of title to real estate may arise), where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars. The subject matter of this section has already been considered under local government. 306 . Size of New Counties. — Sec. 2. No new county shall be hereafter created containing less than four hundred and thirty-two square miles; nor shall the territory of any organized county be reduced below that area; except the county of Worth, and the counties west of it, along the northern boundary of this State, may be organized without additional territory. This insures a county of twenty-four miles by eight- een miles, containing twelve Congressional townships. 307 . Debt Limits of Political Corporations. — Sec. 3. No county, or other political or municipal corpor- ations, shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggre- gate, exceeding five per centum of the value of the taxable property within such county or corporation — to be ascertained by the last State and county tax lists, previous to the incurring of such indebtedness. 2j6 CIVIL GOVERNMENT OF IOWA Restriction is here placed on the legal indebtedness of counties and cities, just as a check was put upon State indebtedness in Article VII. This does not necessarily restrict the tax rate to five per cent, but applies to the amount of debt incurred. 308 . State Boundaries. — Sec. 4. The boundaries of this State may be enlarged with the consent of Con- gress and the General Assembly. The enlarging of the boundaries of Iowa would encroach upon the territory of some other State, and would require the consent of that State as well as of Iowa and Congress. (United States Constitution, Art. IV., Sec. 3 .) 309 . Oath of Office. — Sec. 5. Every person elected or appointed to any office shall, before entering upon 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 Constitution of the United States requires this oath. (Constitution of the United States, Art. VI., Sec. 3.) 310. Vacancies. — Sec. 6. In all cases of elections to fill vacancies in office, occuring before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term; and all persons appointed to fill vacancies in office shall hold until the next general election, and until their successors are elected and qualified. Sec. 7. The General Assembly shall not locate any of the public lands 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. 8. The seat of government is hereby perma- nently established, as now fixed by law, at the city of Des EDUCATION AND SCHOOL LANDS 277 Moines, in the county of Polk; and the State University at Iowa City, in the county of Johnson. 311. Schedule. — The following schedule provid- ing for transition from the old to the new Constitution is inserted simply as a part of the Constitution, and for reference. Article XII. — Schedule. Section 1. 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 Con- stitution shall remain in force until they shall expire or be repealed. Sec. 3. All indictments, prosecutions, suits, pleas, plaints, processes, and other proceedings pending in any of the courts, shall be prose- cuted 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 offenses, misdemeanors, and crimes that may have been committed 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 Constitution 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 lav/. Sec. 5. All bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to, use of those concerned. Sec. 6. The first election uuder this Constitution shall be held on the second Tuesday in October, in the year one thousand eight hun- dred) 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 hun- dred 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 judges, members of the board of educa- tion, 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 instruc- tion), and such county officers as were elected at the August election, in the year one thousand eight hundred and fifty-six, except prose- cuting attorneys, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-eight: Provided, That the time for 278 CIVIL GOVERNMENT OF IOWA 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, com- mencing on the second Monday of January of said year. Sec. 10. 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 successors shall be elected as may be prescribed by law. Sec. 11. 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 per- son has been or may be elected or appointed shall expire; but no such person shall continue in office after the taking effect of this Constitu- tion, for a longer period than the term of such office in this Consti- tution 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 members of the General Assembly in accordance with the pro- visions 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 Constitution — 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 provided in the twenty-fifth chapter of the Code, and abstracts shall be for- warded to the Secretary of State, which abstracts shall be canvassed in the manner provided for the canvass of State officers. And if it shall appear that a majority of all the votes cast at such election for and against this Constitution 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. 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 EDUCATION AND SCHOOL LANDS 279 of Suffrage shall be separately submitted to the electors of this State for adoption or rejection in the manner following — Namely : A separate ballot may be given by every person having a right to vote at said election, to be deposited in a separate box ; and those given for the adoption of each proposition shall have the words, “ Shall the word ‘white’ be stricken out of the article on the Right of Suffrage? Yes.” And those given against the proposition 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 the 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 District of this State. (Amendment.) Sec. 16. The first general election after the adop- tion of this amendment shall be held on the Tuesday next after the first Monday in November in the year one thousand nine hundred and six, and general elections shall be held biennially thereafter. In the year one thousand nine hundred and six there shall be elected a governor, lieutenant-governor, secretary of State, auditor of State, treasurer of State, attorney-general, two Judges of the Supreme Court, the successors of the Judges of the District Court whose terms of office expire on December 31st, one thousand nine hundred and six, State senators who would otherwise be chosen in the year one thousand nine hundred and five, and members of the House of Representatives. The terms of office of the Judges of the Supreme Court which would otherwise expire on December 31st in odd- numbered years, and all Other elective State, county and township officers whose terms of office would otherwise expire in January in the year one thousand nine hundred and six, and members of the General Assembly whose successors would otherwise be chosen at the general election in the year one thousand nine hundred and five, are hereby extended one year and until their successors are elected and qualified. The terms of office of senators whose successors would otherwise be chosen in the year one thousand nine hundred and seven are hereby extended one year and until their successors are elected and qualified. The General Assembly shall make such changes in the law governing the time of election and terms of office of all other elective officers as shall be necessary to make the time of their election and terms of office conform to this amendment, and shall provide which of the Judges of the Supreme Court shall serve as Chief Justice. The General Assembly shall meet in regular session on the second Monday in January, in the year one thousand nine hundred and six, and also on the second Monday in January in the year one thousand nine hundred and seven, and biennially thereafter. (Sec. 16 is an amendment adopted at the general election of 1904. Before that time there was a general election every year, some officers being elected in the odd-numbered years and some in the even-numbered years.) 280 CIVIL SERVICE IN IOWA 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. In testimony whereof we have hereunto subscribed our names. Timothy Day, S. G. Winchester, David Bunker, D. P. Palmer, Geo. W. Ells, J. C. Hall, John H. Peters, Wm. H. Warren, H. W. Gray, Robt. Gower, H. D. Gibson, Thomas Seeley, A. H. Marvin, J. H. Emerson, R. L. B. Clarke, James A. Young, D. H. Solomon, Francis M. W. Robinson, Lewis Todhunter, John Edwards, J. C. Traer, James F. Wilson, Amos Harris, John T. Clarke, S. Ayres, Harvey J . Skiff, J. A. Parvin, W. Penn Clark, Jere. Hollingsworth, Wm. Patterson, D. W. Price, Alpheus Scott, George Gillaspy, Edward Johnstone, Springer, President . Attest : Th. J. Saunders, Secretary. E. N. Bates, Assistant Secretary. TOPIC FOR FURTHER STUDY. The subject of Educational Land Grants is not gen- erally well understood. A study of the article in the Report of the Commissioner of Education for 1892 and ’93, Vol. II., pp. 1268-1283, and of the same subject as treated in Dr. Hinsdale’s The Old Northwest, will correct several mistakes very common among teachers. The Act of July 23, 1787, is often confused with the great Ordinance of 1787, and the latter makes no such dedication of land. Even the Act of July 23 was per- missory rather than mandatory, and the actual educa- tional land grants have been made by special acts, and not by any single grant for all States. PART III. The Government of the United States. CHAPTER XXIII. THE MAKING OF THE GOVERNMENT. The American Government. Sections 66-222 inclusive. The United States, both as forty-six individual States and as a Nation, are an outgrowth of the Thirteen Eng- lish Colonies planted on the eastern shore of North America in the years 1607 - 1732 . The process by which this change was effected, will be briefly described in this chapter. 3 1 2 . The Colonial Governments. — The Kings of England gave to the companies, proprietors, and associations that planted the Colonies certain political powers and rights. These powers and rights were formally granted in documents called charters and patents; they were duly protected by regular govern- ments, and so became the possession of the people of the Colonies. While differing in details, these governments were alike in their larger features. There was in every Colony (1) an Assembly or popular house of legislation; (2) a Council, which served as an upper house of legislation in most of the Colonies and as an 281 282 THE GOVERNMENT OF THE UNITED STATES. advisory body to the governor in all of them; (3) a Gov- ernor, and (4) Courts of Law. The members of the as- sembly were chosen by the qualified voters. The mem- bers of the council and the governors were elected by the people in Connecticut and Rhode Island, and were appointed by the proprietors in Maryland and Pennsyl- vania, and by the king in the other colonies. The judges were generally appointed by the king or his representatives. Powers of local government were distributed to local officers in every Colony. 3 1 3 . The Home Government. — The Kings who granted the charters and patents, for themselves and their descendants, guaranteed to their subjects who should settle in the Colonies and their children, all liberties, franchises, and immunities of free denizens and native subjects within the realm of England. Previous to the troubles that led to the Revolution, the Home govern- ment commonly left the Colonies practically alone as free 'states to govern themselves in their own way. Still they were colonies. The charters enjoined them not to infringe the laws of England, and Parliament passed an act expressly declaring that all laws, by-laws, usages, and customs which should be enforced in any of them contrary to any law made, or to be made, in England relative to said Colonies, should be utterly void and of none effect. Moreover, the power to decide what was so contrary the Home government retained in its own hands. 3 1 4 . Dual Government.— Thus from the very begin- ning the Colonies were subject to two political authorities; one their own Colonial governments, the other the Crown and Parliament of England. In other words, govern- ment was double, partly local and partly general. This fact should be particularly noted, for it is the hinge upon THE MAKING OF THE GOVERNMENT. 283 which our present dual or federal system of government turns. The American, therefore, as has been said, has always had two loyalties and two patriotisms. 3 1 5 . Division of Authority. — In general, the line that separated the two jurisdictions was pretty plainly marked. It had been traced originally in the charters and patents, and afterwards usage, precedent, and legislation served to render it the more distinct. The Colonial gov- ernments looked after purely Colonial matters; the Home government looked after those matters that affected the British Empire. The Colonies emphasized one side of the double system, the King and Parliament the other side. There were frequent disagreements and disputes; still the Colonists and the Mother Country managed to get on together with a good degree of har- mony until Parliament, by introducing a change of policy, brought on a conflict that ended in separa- tion. 3 ( 6 . Causes of Separation. — The right to impose and collect duties on imports passing the American cus- tom houses, the Home government had from the first as- serted and the Colonies conceded. But local internal taxation had always been left to the Colonial legislatures. Beginning soon after 1760, or about the close of the war with France, which had left the Mother Country burdened with a great debt, Parliament began to enforce such taxes upon the people directly. These taxes the Colonies resisted on the ground that they were imposed by a body in which they were not represented or their voice heard. Taxation without representation they declared to be tyranny. At the same time, the acts relative to American navigation were made more rigorous, and vigorous measures were taken to enforce them. In the meantime the Colonies had greatly increased in 284 THE government of the united states. numbers and in wealth, and the idea began to take root that such a people, inhabiting such a country, could not permanently remain dependent upon England but must become an independent power. The Stamp tax was one of the objectionable taxes. 3 I 7. Independence. — The Home government dropped or changed some of its obnoxious measures, but still adhered to its chosen policy. New and more obnoxious measures were adopted, as the Massachusetts Bay Bill and the Boston Port Bill. The Congresses of 1765 and 1774 protested, but to no real purpose. Some of the Colonies, like Massachusetts, began to take measures looking to their defense against aggression; and the attempt of General Gage, commanding the British army in Boston, to counteract these measures led to the battle of Lexington, April 19, 1775, and immediately brought on the Revolutionary war. All attempts at composing the differences failing, and the theater of war continuing to widen, the American Congress, on July 4, 1776, cut the ties that bound the Thirteen Colonies to England. After eight years of war the British govern- ment acknowledged American Independence. 3 fi 8. The Political Effects of Independence. — The Declaration of Independence involved two facts of the greatest importance. One was the declaration that the Colonies were free and independent States, absolved from all allegiance to the British crown. The other was the formation of the American Union. The original members of the Union as States and the Union itself were due to the same causes. The language of the Declaration is, “We, the representatives of the United States of America, in general congress assembled, . . . do, in the name, and by the authority, of the good people of these Colo- nies, solemnly publish and declare” their independence. THE MAKING OF THE GOVERNMENT. 285 The States took their separate position as a nation among the powers of the earth. Thus, before the Rev- olution there were Colonies united politically only by their common dependence upon England; since the Revolution there have been States united more or less closely in one federal state or union. 3 1 9. The Continental Congress. — The body that put forth the Declaration of Independence, known in history as the Continental Congress, had, in 1775, assumed con- trol of the war in defense of American rights. It had adopted as a National army the forces that had gathered at Boston, had made Washington its commander-in-chief, and had done still other things that only governments claiming nationality can do. And so it continued to act. First the American people, and afterwards foreign gov- ernments, recognized the Congress as a National govern- ment. But it was a revolutionary government, resting upon popular consent or approval, and not upon a writ- ten constitution. A government of a more regular and per- manent form was called for, and to meet this call Con- gress, in 1777, framed a written constitution to which was given the name, “Articles of Confederation and Perpet- ual Union.” Still Congress had no authority to give this constitution effect, and could only send it to the States and ask them for their ratifications. Some delay ensued, and it was not until March 1, 1781, that the last ratifica- tion was secured and the Articles went into operation. 320. The Confederation. — The government that the Articles provided for was very imperfect in form. It con- sisted of but one branch, a legislature of a single house called Congress. Such executive powers as the Govern- ment possessed were vested in this body. The States ap- pointed delegates in such manner as they saw fit, and had an equal voice in deciding all questions. Nine States were 286 THE GOVERNMENT OF THE UNITED STATES. necessary to carry the most important measures, and to amend the Articles required unanimity. In powers the Government was quite as defective as in form. It could not enforce its own will upon the people, but was wholly dependent upon the States. It could not impose taxes or draft men for the army, but only call upon the States for money and men ; and if the States refused to furnish them, which they often did, Congress had no remedy. Much of the disaster and distress attending the war grew out of the weakness of Congress, and when peace came, the States became still more careless, while Con- gress became weaker than ever. Meantime the state of the country was as unsatisfactory as that of the Govern- ment. The State governments were efficient, but they looked almost exclusively to their own interests. Com- mercial disorder and distress prevailed throughout the country. As early therefore as 1785 the conviction was forcing itself upon many men’s minds that something must be done to strengthen the Government or the Union would fall to pieces. 32 i . Calling of the Federal Convention. — In 1785 Commissioners representing Virginia and Maryland met at Alexandria, in the former State, to frame a compact concerning the navigation of the waters that were common to the two States. They reported to theii respective Legislatures that the two States alone could do nothing, but that general action was necessary. The next year commissioners representing five States met at Annapolis to consider the trade of the country, and these commissioners concluded that nothing could be done to regulate trade separate and apart from other general interests. So they recommended that a general convention should be held at Philadelphia to consider the situation of the United States, to devise further pro- THE MAKING OF THE GOVERNMENT. 287 visions to render the Articles of Confederation adequate to the needs of the Union, and to recommend action that, when approved by Congress and ratified by the State Legislatures, would effectually provide for the same. This recommendation was directed to the Legislatures of the five States, but copies of it were sent to Congress also and to the Governors of the other eight States. So in February, 1787, Congress adopted a resolution invit- ing the States to send delegates to such a convention to be held in Philadelphia in May following. And the Legislatures of all the States but Rhode Island did so. 322 . The Constitution Framed. — On May 25, 1787. the Convention organized, with the election of Washing- ton as President. It continued in session until September 17, when it completed its work and sent our present National Constitution, exclusive of the fifteen Amend- ments, to Congress. In framing this document great difficulties were encountered. Some delegates favored a government of three branches; others a government of a single branch. Some delegates wanted a legisla- ture of two houses; some of only one house. Some delegates wished the representation in the houses to be according to the population of the States; others were determined that it should be equal, as in the Old Congress. Differences as to the powers to be exercised by Congress were equally serious. There were also controverted questions as to revenue, the control of commerce, the slave trade, and many other matters. Furthermore, the opinions that the dele- gates held were controlled in great degree by State considerations. The large States wanted representation to be according to population; a majority of the small ones insisted that it should be equal. The commercial States of the North said Congress should control the 288 THE GOVERNMENT OF THE UNITED STAGES. subject of commerce, which the agricultural States of the South did not favor. Georgia and the Carolinas favored the continuance of the slave trade, to which most of the other States were opposed. But progress- ively these differences were overcome by adjustment and compromise, and, at the end, all of the delegates who remained but three signed their names to the Constitu- tion, while all the States that were then represented voted for its adoption. What had been done, however, was to frame a new constitution and not to patch up the old one. The body that framed it is called the Fed- eral Convention. 323 . The Constitution Ratified. — The Convention had no authority to make a new constitution, but only to recommend changes in the old one. So on the comple- tion of its work, it sent the document that it had framed to Congress with some recommendations. One of these was that Congress should send the Constitution to the States, with a recommendation that the Legislatures should submit it to State conventions to be chosen by the people, for their ratification. Congress took such action, and the States, with the exception of Rhode Island, took the necessary steps to carry out the plan. Ultimately every State in the Union ratified the Constitution ; but North Carolina and Rhode Island did not do so until the new Government had been some time in operation. Nor was this end secured in several of the other States, as Massachusetts, New York, and Virginia, without great opposition. 324 . Friends and Enemies of the Constitution. — Those who favored the ratification of the Constitution have been divided into these classes: (1) Those who saw that it was the admirable system that time has proved it to be; (2) those who thought it imperfect but still be- THE MAKING OF THE GOVERNMENT. 289 lieved it to be the best attainable government under the circumstances; (3) the mercantile and commercial classes generally, who believed that it would put the industries and trade of the country on a solid basis. Those who opposed it have been thus divided: (1) Those who re- sisted any enlargement of the National Government, for any reason; (2) those who feared that their importance as politicians would be diminished; (3) those who feared that public liberty and the rights of the States would be put in danger; (4)those who were opposed to vigorous government of any kind, State or National. 1 325 . The New Government Inaugurated. — The new Constitution was to take effect as soon as nine States had ratified it, its operation to be limited to the number ratifying. When this condition had been complied with, the Continental Congress enacted the legislation neces- sary to set the wheels of the new Government in motion. It fixed a day for the appointment of Presidential Elec- tors by the States, a day for the Electors to meet and cast their votes for President and Vice-President, and a day for the meeting of the new Congress. The day fixed upon for Congress to meet was March 4, 1789; but a quorum of the House of Representatives was not secured until April 1, and of the Senate not until April 6, owing to various causes. On the second of these dates the Houses met in joint convention to witness the counting of the Electoral votes. Washington was declared elected Pres- ident, John Adams Vice-President. Messengers were at once sent to the President- and Vice-President-elect summoning them to New York, which was then the seat of government. Here Washington was inaugurated April 30. The Legislative and Executive branches of the Government were now in motion. 1 G. T. Curtis: History of the Constitution , Vol. II, pp. 495,496. CHAPTER XXIV. AMENDMENTS MADE TO THE CONSTITUTION. The American Government . Sections 457-4.60; 467-J+74; 536-557; 604-607 ; 623-652. It was anticipated that amendments to the Constitu- tion would be found necessary, and a method was ac- cordingly provided for making them. This method em- braces the two steps that will now be described. 326. Proposing an Amendment. — This may be done in either of two ways. First, Congress may propose an amendment by a two-thirds vote of each House; sec- ondly, Congress shall, on the application of the Legisla- tures of two-thirds of the States, call a convention of the States for that purpose. The first way is evidently the simpler and more direct of the two, and it is the one that has always been followed. 327. Ratifying an Amendment. — This also may be done in one of two ways. One is to submit the amend- ment to the Legislatures of the States, and it becomes a part of the Constitution when it is ratified by three- fourths of them. The other way is to submit the amend- ment to conventions of the States, and it becomes binding when three-fourths of such conventions have given it their approval. Congress determines which of the two ways shall be adopted. The first is the simpler and more direct, and it has been followed in every instance. 328. Amendments I— X. — One of the principal ob- jections urged against the Constitution when its ratifica- tion was pending in 1787-88, was the fact that it lacked a bill of rights. Such a bill, it may be observed, is a 290 AMENDMENTS MADE TO THE CONSTITUTION. 2gi statement of political principles and maxims. The States had fallen into the habit of inserting such bills in their constitutions. At its first session, Congress undertook to remedy this defect. It proposed twelve amendments, ten of which were declared duly ratified, December 15, 1791. These amendments, numbered I to X, are often spoken of as a bill of rights. 329. Amendment XI. — Article III of the Constitu- tion made any State of the Union suable by the citizens of the other States and by citizens or subjects of foreign states. (See section 2, clause 1.) This was obnoxious to some of the States, and when such citizens began to exercise their right of suing States a movement was set on foot to change the Constitution in this respect. An amendment having this effect was duly proposed, and was declared ratified January 8, 1798. 330. Amendment XII. — According to the original Constitution, the members of the Electoral colleges cast both their ballots for President and neither one for Vice- President. The rule was that the candidate having most votes should be President, and the one having the next larger number Vice-President, provided in both cases it was a majority of all the Electors. In 1800 it happened that Thomas Jefferson and Aaron Burr had each an equal number of votes and a majority of all. The Democratic-Republican party, to which they be- longed, had intended Jefferson for the first place and Burr for the second. The election went to the House of Representatives, and was attended by great excite- ment. Steps were taken to prevent a repetition of such a dead-lock. This was accomplished by an amendment declared ratified September 25, 1804. 33 I . Amendment XIII. — Slavery was the immediate exciting cause of the Civil War, 1861-65. In the course 2g2 THE GOVERNMENT OF THE UNITED STATES. of the war President Lincoln, acting as commander-in- chief of the army and navy of the United States, declared all the slaves held in States and parts of States that were engaged in the war against the Union free. The other Slave States, Delaware, Maryland, Kentucky, Tennes- see, and Missouri, and parts of Louisiana and Virginia, his power did not reach as they were not in rebellion. The conviction grew strong throughout the country that slavery should not survive the war. This conviction asserted itself in Amendment XIII, which took effect December 18 , 1865 . 332 . Amendment XIV. — At the close of the Civil War Congress was called upon to deal with the im- portant question of readjusting the States that had seceded from the Union. It was thought necessary to incorporate certain new provisions into the Constitution. So an elaborate amendment was prepared and duly rati- fied. It was declared in force July 28 , 1868 . The most far-reaching of the new provisions were those in relation to citizenship contained in the first section. 333 . Amendment XV. — Down to 1870 the States had fixed the qualifications of their citizens for voting to suit themselves. At that time most of the States, and all of the Southern States, denied suffrage to the negroes. The emancipation of the slaves, together with Amend- ment XIV, made the negroes citizens of the United States and of the States where they resided. But the negroes had no political power, and so no direct means of defending their civil rights. To remedy this state of things a new amendment was proposed and ratified, bearing the date of March 30 , 1870 . It declared that the right of citizens to vote should not be abridged, either by the United States or by any State, on account of race, color, or previous condition of servitude. CHAPTER XXV. THE SOURCE AND NATURE OF THE GOVERNMENT. The American Government. Sections 223-262 ; 610-613; 613-620; 655-658; 773-782. The source of the Government of the United States, and some of its leading features, are either stated or suggested in the first paragraph of the Constitution. This paragraph is commonly called the Preamble, but it is really an enacting clause, since it gives the instrument its whole force and validity. 334. The Preamble. — “We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.” The following propositions are either asserted or im- plied in this language : — 1. The Government proceeds from the people of the United States. They ordain and establish it. It is therefore: a government of the people, by the people, and for the people. 2. The ends for which it is ordained and established are declared. It is to form a more perfect union, estab- lish justice, etc. 3 . It is a constitutional government. It rests upon a written fundamental law. On the one part it is opposed 293 294 THE government of the united states. to an absolute government, or one left to determine its own powers, like that of Russia; and on the other, it is opposed to a government having an unwritten consti- tution, consisting of maxims, precedents, and charters, like that of England. 4. The terms Union and United States suggest that it is a federal government. The peculiarity of a federal state is that local powers are entrusted to local author- ities, while general powers are entrusted to general or national authorities. How this division of powers orig* inated, and how it affected the country in 1785-1789, was pointed out in the last chapter. The government of a State has been described in Part II. of this work. Part III. is devoted to the Government that is over all the States. 5. The same terms suggest that the Government is one of enumerated powers. It must be remembered that when the Constitution was framed thirteen State governments were already in existence, and that no one dreamed of destroying them or of consolidating them into one system. The purpose was rather to delegate to the new Government such powers as were thought necessary to secure the ends named in the Preamble, and to leave to the States the powers that were not delegated, unless the contrary was directly specified. 335. The Constitution in Outline. — The Constitu- tion is divided into seven Articles, which are again divided into sections and clauses. Article I. relates to the Legislative power. Article II. relates to the Executive power. Article III. relates to the Judicial power. Article IV. relates to several subjects, as the rights and privileges of citizens of a State in other States, the surrender of fugitives from justice, the admission of SOURCE AND NATURE OF THE GOVERNMENT. 295 new States to the Union, the government of the National territory, and a guarantee of a republican form of government to every State. Article V., a single clause, relates to the mode of amending the Constitution. Article VI. relates to the National debt and other engagements contracted previous to 1789 and the su- premacy of the National Constitution and laws. Article VII., consisting of a single sentence, pre- scribes the manner in which the Constitution should be ratified, and the time when it should take effect. The fifteen Amendments relate to a variety of sub- jects, as has been explained in Chapter XXIV. 336. The Three Departments. — It has been seen that the Constitution distributes the powers of government among three departments, which it also ordains and establishes. This was done partly to secure greater ease and efficiency of working, and partly as a safe- guard to the public liberties. Absolute governments are simple in construction, concentrating power in the hands of one person, or of a few persons; while free governments tend to division and separation of powers. In the words of Mr. Madison: “The accumulation of all powers, legislative, executive, and judiciary in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny .” 1 1 The Federalist , No. 47 . CHAPTER XXVI. THE COMPOSITION OF CONGRESS AND THE ELECTION OF ITS MEMBERS. The American Government . Sections 263-301; 324.-330. 337 . Congress a Dual Body. — From an early time, the English Parliament has consisted of two chambers, the House of Commons and the House of Lords. Such a legislature is called bicameral, as opposed to one that is unicameral. The words mean consisting of two cham- bers and of one chamber. The great advantage of a bicameral legislature is that it secures fuller and more deliberate consideration of business. One house acts as a check or balance to the other; or, as Washing- ton once put it, tea cools in being poured from the cup into the saucer. Countries that English- men have founded have commonly followed the example of the Mother Country in respect to the duality of their legislatures. Such was the case with the Thirteen Colonies, but such was not the case with the American Confederation from 1775 to 1789. In the Convention that framed the Constitution, the question arose whether the example of England and of the Colonies, or the example of the Confederation, should be followed. It wasfinally decided that all the legislative powers granted to the new Government should be vested in a Congress 296 CONGRESS AND ELECTION OF ITS MEMBERS. 297 which should consist of a Senate and a House of Repre- sentatives. 338. Composition of the Two Houses. — The House of Representatives is composed of members who are apportioned to the several States according to their respective numbers of population, and are elected for two years by the people of the States. The Senate is composed of two Senators from each State who are chosen by the Legislatures thereof, and each Senator has one vote. The composition of Congress at first sharply divided the Federal Convention. Some members wanted only one house. Others wanted two houses. Some members were determined that the States should be represented in the new Congress equally, as had been the case in the old one. Others were determined that representation should be according to population. These controversies were finally adjusted by making two houses, in one of which representation should be equal and in the other proportional. This arrangement explains why New York and Nevada have each two Senators, while they have respectively thirty-seven members and one member in the House of Representatives. This equality of representation in the Senate is the most unchangeable part of the National Government. The Constitution expressly provides that no State shall, without its own consent, ever be deprived of its equal suffrage in the Senate, which is equivalent to saying that it shall never be done at all. No such provision is found in relation to any other subject. 339. Qualifications of Representatives and Sena- tors. — A Representative must be twenty-five years old, and must be a citizen of the United States of at least 298 THE GOVERNMENT OF THE UNITED STATES. seven years’ standing. A Senator must be thirty years of age and must be nine years a citizen. The Representative and the Senator alike must be an inhabitant of the State in which he is elected or for which he is chosen. Previous absence from the State, even if protracted, as in the case of a public minister or consul to a foreign country, or a traveler, does not unfit a man to sit in either house. Representatives are not required by law to reside in their districts, but such is the custom. No person can be a Senator or Representative, or an Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who having once taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an Executive or Judicial officer of any State, to support the Constitution of the United States, has afterwards engaged in insurrection or rebellion against the same, or given assistance to their enemies. But Congress may remove this disability by a two-thirds vote of each house. 340 . Regulation of Elections. — The times, places, and manner of electing Senators and Representatives are left, in the first instance, to the Legislatures of the States, but they are so left subject to the following rule: “Con- gress may, at any time, by law, make or alter such reg- ulations, except as to the places of choosing Senators.” Defending this rule in 1788, Mr. Hamilton said: “Every government ought to contain in itself the means of its own preservation; while it is perfectly plain that the States, or a majority of them, by failing to make the necessary regulations, or by making improper ones, could break up or prevent the first elections of the Houses of CONGRESS AND ELECTION OF ITS MEMBERS. 299 Congress. ” The right to name the places where Senators shall be chosen is denied to Congress for a very sufficient reason. If Congress possessed that power it could deter- mine, or at least largely influence, the location of the State capitals. 341 . Elections of Senators. — Previous to 1866, the Legislature of every State conducted these elections as it pleased. Sometimes the two houses met in joint con- vention, a majority of the whole body determining the choice. Sometimes the two houses voted separately, a majority of each house being required to elect. It is obvious that the two methods might operate very differ- ently. If the same political party had a majority in both houses, the result would probably be the same in either case; but if the two houses were controlled by different parties, then the party having the majority of votes on a joint ballot would probably elect the Senator. If the second plan was followed, and the two houses differed in regard to a choice, there were delays, and elec- tions were sometimes attended by serious scandals. So Congress, in 1866, passed a law providing that the Legis- lature next preceding the expiration of a Senator’s term, in any State, shall, on the second Tuesday after its meeting and organization, proceed to elect a Senator in the following manner: — 1. Each house votes, viva voce , for Senator. The next day at twelve o'clock the two houses meet in joint session, and if it appears from the reading of the journals of the previous day’s proceedings that the same person has received a majority of all the votes cast in each house, he is declared duly elected. 2. If no election has been made, the joint assembly proceeds to vote, viva voce , for Senator, and if any 300 THE GOVERNMENT OF THE UNITED STATES. person receive a majority of all the votes of the joint assembly, a majority of all the members elected to both houses being present and voting, such person is declared duly elected. 3. If a choice is not made on this day, then the two houses must meet in joint assembly each succeeding day at the same hour, and must take at least one vote, as before, until a Senator is elected or the Legislature ad- journs. 4. If a vacancy exists on the meeting of the Legislature of any State, said Legislature must proceed, on the second Tuesday after its meeting and organization, to fill such vacancy in the same manner as in the previous case; and if a vacancy occur when the session is in prog- ress, the Legislature must proceed, as before, to elect on the second Tuesday after they have received notice of the vacancy. 342 . Vacancies. — When a vacancy occurs in the recess of the Legislature of a State, owing to death or other cause, the Governor makes an appointment that continues until the next meeting of the Legislature, when the vacancy is filled in the usual manner. In all cases of vacancies the appointed or newly elected Senator only fills out the term of his predecessor. 343 . Division of Senators. — The Senators are equally divided, or as nearly so as may be, into three classes with respect to the expiration of their terms, as follows: Class 1, 1791, 1797. 1893, 1899 Class 2, 1793, 1799 1895, 1901 Class 3, 1795, 1801 1897, 1903 The two Senators from a State are never put in the same class; and as the terms of the first Senators from a State now admitted to the Union expire with the terms CONGRESS AND ELECTION OF ITS MEMBERS. 301 of the classes to which they are assigned, one or both of them may serve less than the full term of six years. 344. Electors of Representatives. — The persons who may vote for the most numerous branch of the State Legislature in any State, or the house of representatives, may also yote for members of the National House of Rep- resentatives. Usually, however, a State has only one rule of suffrage; that is, a person who may vote for members of the lower house of the State Legislature may vote also for all State and local officers. Practically, there- fore, the rule is that State electors are National electors; or, in other words, the Constitution adopts for its purposes the whole body of the State electors, whoever they may be. In Wyoming, Colorado, Idaho, and Utah women vote on the same terms and conditions as men. But in most of the States only males twenty-one years of age and upwards, having certain prescribed qualifica- tions, are permitted to vote. In Massachusetts, Missis- sippi, and many other States, there is an educational qualification for the suffrage. 345. Apportionment of Representatives in the Constitution. — The Constitution provides that members of the House of Representatives shall be apportioned among the several States according to their respective numbers. The original rule for determining these num- bers was that all free persons, including apprentices or persons bound to service for a term of years, but excluding Indians not taxed (or Indians living in tribal relations), and three-fifths of all other persons, should be counted. The “ other persons” were the slaves. The abolition of slavery and the practical disappearance of apprentice- ship have considerably simplified matters. The Four- teenth Amendment to the Constitution provides that Representatives shall be apportioned according to 302 THE GOVERNMENT OF THE UNITED STATES. population, counting the whole number of persons in a State, excluding Indians who are not taxed. This rule is applied to the people of the States regardless of age, sex, color, or condition. The Constitution further pro- vides that the number of Representatives shall not exceed one for every 30,000 people, but that every State shall have one Representative regardless of popula- tion. 346 . The Census. — The Constitution of 1787 fixed the number of members of the House of Representatives at 65 , and apportioned them among the States as best it could, using the information in respect to population that was accessible. It also provided that an actual enumera- tion of the people should be made within three years of the first meeting of Congress, and that it should be re- peated thereafter within every period of ten years. This enumeration was also called the census. In conformity with this provision, decennial censuses of the United States have been taken in 1790> 1800, 1810, etc. 347 . Method of Apportionments. — The decennial apportionment of members of the House is made by Con- gress, and that body has performed the duty in different ways. The apportionment of 1893 was made in the fol- lowing manner: First, the House was conditionally made to consist of 356 members. Next, the population of the country, not counting the Territories, was divided by this number, which gave a ratio of 173 , 901 . The popu- lation of every State was then divided by this ratio and the quotients added, giving 339 . The numbers of Repre- sentatives indicated by these quotients were then assigned to the several States, and one Representative each in addition to the seventeen States having fractions larger than one-half the ratio, thus making the original num- ber, 356 . CONGRESS AND ELECTION OF ITS MEMBERS. 303 When a new State comes into the Union, its Rep- resentative or Representatives are added to the number previously constituting the House. 1 348 . Elections of Representatives. — For fifty years Congress allowed the States to elect their Represen- tatives in their own way. The State Legislatures fixed the times and the places and regulated the manner of holding the elections; the elections were conducted with- out any regulation or control whatever being exercised by the National Government. Very naturally there were considerable differences of practice. Congress has now" exercised its power of regulation in three points: 1. In 1842 Congress provided by law that, in every case where a State was entitled to more than one Representative, the members to which it was entitled should be elected by districts composed of contiguous territory equal in number to the number of Representa- tives to be chosen, no district electing more than one. It is, however, provided that when the number of Repre- sentatives to which a State is entitled has been diminished at any decennial apportionment, and the State Legislature has failed to make the districting conform to the change, * The Numbers of the House and the Ratios of Representation are set down in the following table, with the period: Period. Size of House. Ratio. 1789-1793 65 1793-1803 105 1803-1813 141 1813-1823 181 1823-1833 212 40,000 1833-1843 240 47,700 1843-1853 223 70,680 1853-1863 234 93,503 1863-1873 241 127,941 1873-1883 292 .... 130,533 1883-1893 1893-1903 356 173,901 1903-1913 386 194,182 304 THE GOVERNMENT OF THE UNITED STATES. the whole number shall be chosen by the State as a unit and not by districts. It is also provided that if the number apportioned to any State is increased, and the Legislature fails to district the State, the old districting shall stand, but that the additional member or members shall be elected by the State as a whole. Representa- tives elected on a general ticket, and not by district tickets, from States having more than one member, are called Representatives-at-large. Since 1872 Congress has prescribed that the districts in a State must, as nearly as practicable, contain an equal number of inhabitants. Congress has never constituted the Congressional dis- tricts, as they are called, but has always left that duty to the State Legislatures. As a rule the division of the States into districts, when once made, is allowed to stand for ten years, or until a new apportionment is made; but not unfrequently it is changed, or the State is re- districted, as the saying is, for the sake of obtaining some political advantage. The operation called “gerrymandering” 1 is only too well known in American history. 2. In 1871 Congress enacted that all votes for Repre- sentatives should be by printed ballots, but since 1899 voting machines also have been allowed. 3. In 1872 Congress prescribed that the elections should be held on the Tuesday next after the first Monday in November in every even numbered year, 1874, 1876 . . . . 1896, 1898, etc. Later legislation exempted from the J The Century Dictionary gives the following history of this word: “ Gerrymander . In humorous imitation of Salamander , from a fancied resemblance of this animal to a map of one of the districts formed in the redistricting of Massachusetts by the legislature in 1811, when Elbridge Gerry was Governor. The districting Was intended (it was believed, at the instigation of Gerry), to secure unfairly the election of a majority of Democratic Senators. It is now known, however, that he was opposed to the measure.” CONGRESS AND ELECTION OF ITS MEMBERS. 305 operation of this rule such States as had prescribed a different day in their constitutions. Accordingly Oregon elects her Representatives the first Monday of June, Vermont hers the first Tuesday of September, and Maine hers the second Monday of the same month. In nearly every case, if not indeed in every one, the State elects State officers at the same time that the elections of the National House of Representatives are held. Moreover, the elections of Representatives are con- ducted by the same officers that conduct the State elec- tions. These officers count the votes and make the returns required by law. The Representative receives his certificate of election from the Governor of his State. If a vacancy occurs in any State, owing to any cause, the Governor issues a proclamation, called a writ of elec- tion, appointing a special election to fill the vacancy. 349 . Compensation of Members of Congress. — Senators and Representatives receive a compensation from the Treasury of the United States. Congress fixes by law the pay of its own members, subject only to the President’s veto . 1 1 The compensation at different times is exhibited in the follow- ing table : 1789-1815 1815-1817 1817-1855 1855-1865 1865-1871 1871-1873 7500.00 a year. 1873-1907 5000.00 a year. 1907- 7500.00 a year. Save for a period of only two years, Senators and Representa- tives have always received a mileage or traveling allowance. At present this allowance is twenty cents a mile for the necessary dis- tance traveled in going to and returning from the seat of govern- ment. The Vice-President and the Speaker of the House of Representatives now receive each a salary of $ 12,000 a year. 306 the government of the united states. 350. Privileges of Members of Congress. — In all cases but treason, felony, and breach of the peace, Sen- ators and Representatives are exempt from arrest during their attendance at the session of their respective houses and in going to and returning from the same. In other words, unless he is charged with one or more of the grave offenses just named, a member of either house cannot be arrested from the time he leaves his home to attend a session of Congress until he returns to it. Further, a Senator or Representative cannot be held responsible in any other place for any words that he may speak in any speech or debate in the house to which he belongs. This rule protects him against prosecution in the courts, even if his words are slanderous. Still more, speeches or debates, when published in the official report called “The Congressional Record, ” are also privileged matter, and the speakers cannot be held accountable for libel. This freedom from arrest and this exemption from responsibility in respect to words spoken in the discharge of public duty, are not privileges accorded to the Senator and Representative in their own interest and for their own sake, but rather in the interest and for the sake of the people whom they represent. If they were liable to arrest for any trivial offense, or if they could be made to answer in a court of law for what they might say on the floor of Congress, the business of the country might be interfered with most seriously. The rights of legislative bodies must be rigidly maintained. The one rule given above is necessary to protect the freedom of representation, the other to protect the free- dom of debate. 35 I . Prohibitions Placed Upon Members of Con- gress. — -No Senator or Representative can, during the time for which he was elected, be appointed to any civil CONGRESS AND ELECTION OF ITS MEMBERS. 307 office under the United States that is created, or the pay of which is increased, during such time. Appointments to many offices, and to all of the most important ones, are made by the President with the advice and consent of the Senate. Moreover, the President is always interested in the fate of measures that are pending before Congress, or are likely to be introduced into it. There is accord- ingly a certain probability that, if he were at liberty to do so, the President would enter into bargains with members of Congress, they giving him their votes and he rewarding them with offices created or rendered more lucrative for that very purpose. This would open up a great source of corruption. A Senator or Representa- tive may, however, be appointed to any office that ex- isted at the time of his election to Congress, provided the compensation has not been since increased. Still he cannot hold such office while a member of Congress. On the other hand, the Constitution expressly declares: “No person holding any office under the United States shall be a member of either house during his continu- ance in office.” 352. Length of Congress. — The term Congress, is used in two senses. It is the name of the National Legislature as a single body, and it is also the name of so much of the continuous life of that body as falls within the full term of office of the Representative. We speak of Congress, and of a Congress. Thus there are a First, Second, .... and Fifty-fourth Congress, filling the periods 1789-1791, 1791-1793 1895-1897. The length of a Congress was fixed when the Convention of 1787 made the Representative’s term two years. The time of its beginning and ending was due to an accident. The Old Congress provided in 1788 for setting the new Government in operation; it named 308 the government of the united states. the first Wednesday of March, 1789, as the day when the two Houses of Congress should first assemble, which happened to be the fourth day of that month. Thus a point of beginning was fixed and, as the rule has never been changed, our Congresses continue to come and go on the fourth of March of every other year. The pres- ent procedure is as follows: Representatives are chosen in November of every even year, 1892, 1894, 1896, while their terms, and so the successive Congresses, begin on March 4 of every odd numbered year, 1893, 1895, 1897. While Representatives come and go together at in- tervals of two years, Senators come and go in thirds at the same intervals. The result is that while a House of Representatives lasts but two years, the Senate is a per- petual body. 353 . Meeting of Congress. — Congress must assem- ble at least once every year, and such meeting is on the first Monday of December, unless by law it names another day. Hence every Congress holds two regular sessions. Furthermore, Congress may by law provide for special sessions, or it may hold adjourned sessions, or the President, if he thinks it necessary, may call the houses together in special session. As a matter of fact, all of these things have been done at different times. As the law now stands the first regular session of Congress begins on the first Monday of December following the beginning of the Representative’s term, and it may continue until the beginning of the next regular session, and commonly does continue until midsummer. The second regular session begins the first Monday of December, but can continue only until March 4 of the next year, or until the expiration of the Representative’s term. It is the custom to call these the long and the short sessions. CHAPTER XXVII. THE ORGANIZATION OF CONGRESS AND ITS METHOD OF DOING BUSINESS. The American Government. Sections 273; 293-294; 312-323; 331 - 340 . 354. Officers of the Senate. — The Vice-President of the United States is President of the Senate, but has no vote unless the Senators are equally divided. The Senate chooses its other officers, the Secretary, Chief Clerk, Executive Clerk, Sergeant-at-Arms, Door Keeper, and Chaplain. The duties of these officers are indicated by their titles. The Senators also choose one of their number President pro tempore , who presides in the absence of the Vice-President or when he has succeeded to the office of President. The Senate is a perpetual body, and is ordinarily fully organized, although not in actual session, at any given time. 355. Officers of the House of Representatives. — The House chooses one of its members Speaker, who pre- sides over its proceedings. It also chooses persons who are not members to fill the other offices, the Clerk, Sergeant-at-Arms, Postmaster, and Chaplain. The Speaker has the right to vote on all questions, and must do so when his vote is needed to decide the question that is pending. He appoints all committees, designat- ing their chairmen, and is himself chairman of the important Committee on Rules. His powers are very great, and he is sometimes said to exercise as much 809 310 THE GOVERNMENT OF THE UNITED STATES. influence over the course of the Government as the President himself. The Speaker’s powers cease with the death of the House that elects him, but the Clerk holds over until the Speaker and Clerk of the next House are elected, on which occasions he presides. It is com- mon to elect an ex-member of the House Clerk. 356. The Houses Judges of the Election of their Members. — The Houses are the exclusive judges of the elections, returns, and qualifications of their members; that is, if the question arises whether a member has been duly elected, or whether the returns have been legally made, or whether the member himself is qualified, the house to which he belongs decides it. In the House of Representatives contested elections, as they are called, are frequent. As stated before, the Governor of the State gives the Representative his certificate of elec- tion, which is duly forwarded to Washington addressed to the Clerk of the House next preceding the one in which the Representative claims a seat. The Clerk makes a roll of the names of those who hold regular certificates, and all such persons are admitted to take part in the organization of the House when it convenes. Still such certificate and admission settle nothing when a contestant appears to claim the seat. The House may then investigate the whole case from its very beginning, and confirm the right of the sitting member to the seat, or exclude him and admit the contestant, or declare the seat vacant altogether if it is found that there has been no legal election. In the last case, there must be a new election to fill the vacancy. The Governor of the State also certifies the election of the Senator. A Senator- elect appearing with regular credentials is admitted to be sworn and to enter upon his duties, but the Senate is still at liberty to inquire into his election and qualifi- THE ORGANIZATION OF CONGRESS. 3 1 I cations, and to exclude him from his seat if, in its judg- ment, the facts justify such action. In respect to qualifications, it maybe said that persons claiming seats, or occupying them, have been pronounced disqualified because they were too young, or because they had not been naturalized a sufficient time, or because they have been guilty of some misconduct. From the decision of the Houses in such cases there is no appeal. 357 . Quorums. — The Houses cannot do business without a quorum, which is a majority of all the members; but a smaller number may adjourn from day to day, and may compel the attendance of absent members. Whether a quorum is present in the House of Representatives or not, is determined by the roll-call or by the Speaker’s count. If a quorum is not present, the House either adjourns or it proceeds, by the method known as the call of the House, to compel the attendance of absentees. In the latter case officers are sent out armed with writs to arrest members and bring them into the chamber. When a quorum is obtained, the call is dispensed with and business proceeds as before. In several recent Con- gresses a rule has prevailed allowing the names of members who were present but who refused to vote to be counted, if necessary, for the purpose of making a quorum. 358 . Rules of Proceedings. — Each house makes its own rules for the transaction of business. The rules of the Senate continue in force until they are changed, but those of the House of Representatives are adopted at each successive Congress. Still there is little change even here from Congress to Congress. Owing to the greater size of the body, the rules of the House are much more complex than the rules of the Senate. The rules of both Houses, like the rules of all legislative 312 THE GOVERNMENT OF THE UNITED STATES. assemblies in English-speaking countries, rest ultimately upon what is known as Parliamentary Law, which is the general code of rules that has been progressively developed by the English Parliament to govern the transaction of its business. Still many changes and modifications of this law have been found necessary, t