USA > Iowa > Mills County > History of Mills County, Iowa, containing a history of the county, its cities, towns, etc. > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82
SEC. 20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their rep- resentatives, and to petition for a redress of grievances.
SEC. 21. No bill of attainder. ex-post-facto law, or law impairing the obligation of contracts, shall ever be passed.
SEC. 22. Foreigners who are, or may hereafter become residents of this state, shall enjoy the same rights in respect to the possession, enjoy- ment, and descent of property, as native born citizens.
SEC. 23. There shall be no slavery in this state; nor shall there be involuntary servitude, unless for the punishment of crime.
SEC. 24. No lease or grant of agricultural lands, reserving any rent or service of any kind, shall be valid for a longer period than twenty years.
SEC. 25. The enumeration of rights shall not be construed to impair or deny others, retained by the people.
ARTICLE II-RIGHT OF SUFFRAGE.
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 hereafter may be authorized by law.
SEC. 2. Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election, during their attendance at such elections, going to and returning therefrom.
SEC. 3. No elector shall be obliged to perform military duty on the day of election, except in time of war or public danger.
SEC. 4. No person in the military, naval or marine service of the United States shall be considered a resident of this state by being stationed in any garrison, barrack, or military or naval place or station within the state. SEC. 5. No idiot or insane person, or person convicted of any infamous crime shall be entitled to the privilege of an elector.
SEC. 6. All elections by the people shall be by ballot.
ARTICLE III .- OF THE DISTRIBUTION OF POWERS.
SECTION 1. The powers of the government of Iowa shall be divided into three separate departments: The Legislative, the Executive and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function apper- taining to either of the others, except in cases hereinafter expressly directed or permitted.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of represen- tatives; and the style of everv law shall be: " Be it enacted by the gen- eral assembly of the state of Iowa."
SEC. 2. The sessions of the general assembly shall be biennial and shall commence on the second Monday in January next ensuing the election of its members; unless the governor of the state shall, in the meantime, convene the general assembly by proclamation.
6
CONSTITUTION OF IOWA.
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 elec- tion, 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 successors are elected and qualified.
SEC. 4. No person shall be a member of the house of representatives who shall not have attained the age of twenty-one years, be a 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 elec- tion shall have had an actual residence of sixty days in the county or dis- trict he may have been chosen to represent.
SEC. 5 Senators shall be chosen for the term of four years, at the same time and place as representatives; they shall be twenty five years of age and possess the qualifications of representatives as to residence and citi- zenship.
SEC. 6. The number of senators shall not be less than one-third nor more than one-half the representative body; and shall be so classified by lot that one class, being as nearly one-half as possible, shall be elected every two years. When the number of senators is increased, they shall be annexed by lot to one or the other of the two classes, so as to keep them as nearly equal in numbers as practicable.
SEC. 7. Each house shall choose its own officers, and judge of the qualification, election and return of its own members. A contested elec- tion shall be determined in such manner as shall be directed by law.
SEC. S. A majority of each house shall constitute a quorum totransact business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
SEC. 9. Each house shall sit upon its own adjournments, keep a jour- nal of its proceedings, and publish the same; determine its rules of pro- ceedings, 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 powers necessary for a branch of the general assembly of a free and independent state.
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 individual, and have the reasons for his dissent entered on the journals; and the yeas and nays of the members of either house, on any question, shall, at the desire of any two members present, be entered on the journals.
SEC. 11. Senators and representatives, in all cases, except treason, fel- ony or breach of the peace, shall be privileged from arrest during the ses- sion of the general assembly, and in going to and returning from the same.
SEC. 12. When vacancies occur in either house, the governor, or the person exercising the functions of governor, shall issue writs of election to fill such vacancies.
SEC. 13. The doors of each house shall be open, except on such occa- sions as, in the opinion of the house, may require secrecy.
SEC. 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.
7
CONSTITUTION OF IOWA.
SEC. 13. Bills may originate in either house, and may be amended, altered or rejected by the other; and every bill having passed both houses, shall be signed by the speaker and president of their respective houses.
SEC. 16. Every bill which shall have passed the general assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, which shall enter the same upon their journal, and proceed to reconsider it; if, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house, it shall become a law, notwithstanding the governor's objec- tions. 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 adjourn- ment, 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 members elected to each branch of the general assembly, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered upon the journal.
SEC. 18. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at every regular session of the general assembly.
SEC. 19. The house of representatives shall have the sole power of im- peachment, and all impeachments shall be tried by the senate. When sit- ting 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.
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 never- theless 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.
SEC. 21. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
SEC. 22. No person holding any lucrative office under the United States, or this state, or any other power, shall be eligible to hold a seat in the general assembly. But offices in the militia to which there is attached no annual salary, or the office of the justice of the peace, or postmaster whose compensation does not exceed one hundred dollars per annum, or notary public, shall not be deemed lucrative.
SEC. 23. No person who may hereafter be a collector or holder of pub- lic 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.
S
CONSTITUTION OF IOWA.
SEC. 24. No money shall be drawn from the treasury but in conse- quence of appropriations made by law.
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 compensation as shall be fixed by law : but no general assembly shall have the power to increase the compensation of its members. And when convened in extra session they shall receive the same mileage and per diem compensation as fixed by law for the regular session, and none other.
SEC. 26. No law of the general assembly, passed at a regular session, of a public nature, shall take effect until the fourth day of July next after the passage thereof. Laws passed at a special session shall take effect ninety days after the adjournment of the general assembly by which they were passed. If the general assembly shall deem any law of immediate importance, they may provide that the same shall take effect by publica- tion in newspapers in the state.
SEC. 27. No divorce 'shall be granted by the general assembly.
SEC. 28. No lottery shall be authorized by this state; nor shall the sale of lottery tickets be allowed.
SEC. 29. Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
SEC. 30. The general assembly shall not pass local or special laws in the following cases :
For the assessment and collection of taxes for state, county or road pur- poses;
For laying out, opening and working roads or highways;
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 cases where a gen- eral law can be made applicable, all laws shall be general, and of uniform operation throughout the state: and no law changing the boundary lines of any county shall have effect until upon being submitted to the people of the counties affected by the change, at a general election, it shall be approved by a majority of the votes in each county, cast for and against it.
SEC. 31. No extra compensation shall be made to any officer, public agent or contractor, after the service shall have been rendered, or the con- tract entered into; nor shall any money be paid on any claim, the subject matter of which shall not have been provided for by pre-existing laws, and no public money or property shall be appropriated for local or pri- vate purposes, unless such appropriation, compensation or claim be allowed by two-thirds of the members elected to each branch of the gen- eral assembly.
SEC. 32. Members of the general assembly shall, before they enter upon the duties of their respective offices, take and subscribe to the fol- lowing 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
9
CONSTITUTION OF IOWA.
constitution of the state of Iowa, and that I will faithfully discharge the duties of senator, (or regresentative, as the case may be) according to the best of my ability." And members of the general assembly are hereby empowered to administer to each other the said oath or affirmation.
SEC. 33. The general assembly shall, in the year one thousand eight hundred 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 thousand 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 inhabitants of the state.
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 be apportioned among the several counties according to the numbers of inhabitants in each.
SEC. 35. The senate shall not consist of more than fifty members, nor the house of representatives of more than one hundred; and they shall be apportioned among the several counties and representative districts of the state according to the number of inhabitants in each, upon ratios to be fixed by law; but no representative district shall contain more than four organized counties, and each district shall be entitled to at least one representative. Every county and 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.
SEC. 36. At its first session under this constitution, and at every subse- quent regular session, the general assembly shall fix the ratio of represen- tation, and also form into representative districts those counties which will not be entitled singly to a representative.
SEC. 37. When a congressional, senatorial, or representative district shall be composed of two or more counties, it shall not be entirely sepa- rated by any county belonging to another district; and no county shall be divided in forming a congressional, senatorial, or representative district.
SEC. 38. In all elections by the general assembly, the members thereof shall vote viva-voce; and the votes shall be entered on the journal.
ARTICLE IV .- EXECUTIVE DEPARTMENT.
SECTION 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Iowa.
SEC. 2. The governor shall be elected by the qualified electors at the time and place of voting for members of the general assembly, and shall hold his office two years, from the time of his installation, and until his successor is elected and qualified.
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 representatives, who shall open and publishthem in the presence of both houses of the general assembly.
SEC. 4. 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 have an equal, and the highest number
10
CONSTITUTION OF IOWA.
of votes for either office, the general assembly shall, by joint vote, forth- with proceed to elect one of said persons governor, or lieutenant gover- nor, as the case may be.
SEC. 3. Contested elections for governor, or lieutenant governor, shall be determined by the general assembly in such manner as may be pre- scribed by law.
SEC. 6. No person shall be eligible to the office of governor, or lieu- tenant 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 election.
SEC. 7. The governor shall be commander-in-chief of the militia, the army and navy of this state.
SEC. S. He shall transact all executive business with the officers of gov- ernment, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices.
SEC. 9. He shall take care that the laws are faithfully executed.
SEC. 10. When any office shall, from any cause, become vacant, and no mode is provided by the constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the general assembly, or at the next election by the people.
SEC. 11. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to both houses, when assem- bled, the purpose for which they shall have been convened.
SEC. 12. He shall communicate, by message, to the general assembly at every regular session, the condition of the state, and recommend such matters as he shall deem expedient.
SEC. 13. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he may think proper; but no such adjournment shall be 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, execute the office of governor, or lieu- tenant 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 elec- tion, and continue for two years, and until their successors are elected and qualified. The lieutenant governor, while acting as governor, shall receive the same pay as provided for governor: and while presiding in the senate, shall receive as 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, commuta- tions and pardons, after conviction, for all offences except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execu- tion of the sentence until the case shall be reported to the general assem- bly at its next meeting, when the general assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeit- ures, under such regulations as may be prescribed by law; and shall report to the general assembly, at its next meeting, each case of reprieve,
/
11
CONSTITUTION OF IOWA.
commutation, or pardon granted, and the reason therefor; and also all per- sons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted.
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 upon the lieutenant governor.
SEC. 18. The lieutenant governor shall be 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 choose a president pro tempore.
SEC. 19. If the lieutenant governor, while acting as governor, shall be impeached, displaced, resign or die, or otherwise become incapable of per- forming 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 repre- setatives.
SEC. 20. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the state of Iowa.
SEC. 21. All grants and commissions shall be in the name and by the authority of the people of the state of Iowa, sealed with the great seal of the state, signed by the governor,and countersigned by the secretary of state.
SEC. 22. A secretary of state, auditor of state, and treasurer of state, shall be elected by the qualified electors, who shall continue in office two years, and until their successors are elected and qualified, and perform such duties as may be required by law.
ARTICLE V .- JUDICIAL DEPARTMENT.
SECTION 1. The judicial power shall be vested in a supreme court, district court, and such other courts, inferior to the supreme court, as the general assembly may, from time to time, establish.
SEC. 2. The supreme court shall consist of three judges, two of whom shall constitute a quorum to hold court.
SEC. 3. The judges of the supreme court shall be elected by the quali- fied 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 classification, shall be chief justice of the court during his term, and so on in rotation. After the expiration of their terms of office, under such clas- sification, 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 inelibible to any other office in the state dur- ing the term for which they have been elected.
SEC. 4. The supreme court shall have appellate jurisdiction only in cases in chancery, and shall constitute a court for the correction of errors at law, under such restrictions as the general assembly may by law pre- scribe; and shall have power to issue all writs and process necessary to secure justice to parties, and exercise a supervisory control over all infer- ior judicial tribunals througout the state.
SEC. 5. The district court shall consist of a single judge, who shall be
12
CONSTITUTION OF IOWA.
1
elected by the qualified electors of the district in which he resides. The judge of the district court shall hold his office for the term of four years, and until his successor shall have been elected and qualified; and shall be ineligible to any other office, except that of judge of the supreme court, during the term for which he was elected.
SEC. 6. The district court shall be a court of law and equity, which shall be distinct and separate jurisdictions, and have jurisdiction in civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law.
SEC. 7. The judges of the supreme and district courts shall be con- servators of the peace throughout the state.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.