USA > Iowa > Mills County > History of Mills County, Iowa, containing a history of the county, its cities, towns, etc. > Part 3
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SEC. S. The style of all process shall be, "The state of Iowa," and all prosecutions shall be conducted in the name and by the authority of the same
SEC. 9. The salary of each judge of the supreme court shall be two thousand 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.
SEC. 10. The state shall be divided into eleven judicial districts; and after the year eighteen hundred and sixty, the general assembly may reorganize the judicial districts, and increase or diminish the number of districts, or the number of judges of the said court, and may increase the number of judges of the supreme court; but such increase or diminution shall not be more than one district, or one judge of either court, at any one session: and no reorganization of the districts, or diminution of the number of judges, shall have the effect of removing a judge from office. Such reorganization of the districts, or any change in the boundaries thereof or increase or diminution of the number of judges, shall take place every four years thereafter, if necessary, and at no other time.
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 com- mence on the first day of January next after his election.
SEC. 12. The general assembly shall provide, by law, for the election of an attorney general by the people, whose term of office shall be two years, and until his successor shall have been elected and qualified.
SEC. 13. The qualified electors of each judicial district shall, at the time of the election of district judge, elect a district attorney, 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.
SEC. 14. It shall be the duty of the general assembly to provide for the carrying into effect of this article, and to provide for a general system of practice in all the courts of this state.
ARTICLE VI .- MILITIA.
SECTION 1. The militia of this state shall be composed of all able-bodied male citizens, between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this state; and shall be armed, equipped, and trained, as the general assembly may provide by law.
SEC. 2. No person or persons conscientiously scrupulous of bearing
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arms shall be compelled to do military duty in time of peace; provided, that such person or persons shall pay an equivalent for such exemption in the same manner as other citizens.
SEC. 3. All commissioned officers of the militia (staff officers excepted) shall be elected by the persons liable to perform military duty, and shall be commissioned by the governor.
ARTICLE VII .- STATE DEBTS.
SECTION 1. The credit of the state shall not, in any manner, be given or loaned to, or in aid of, any individual, association, or corporation; and the state shall never assume or become responsible for, the debts or liabili- ties 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 fail- ures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contingent, whether contracted by virtue of one or more acts of the general assembly, or at different periods of time, shall never exceed the sum of two hundred and fifty thousand dollars; and the money arising from the creation of such debts. shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever.
SEC. 3. All losses to the permanent school, or university fund of this state, which shall have been occasioned by the defalcation, mismanage- ment, or fraud of the agents or officers controlling or managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state, in favor of the respective fund sustaining the loss, upon which not less than six per cent annual interest shall be paid. The amount of liability so created shall not be counted as a part of the indebtedness authorized by the second section of this article.
SEC. 4. In addition to the above limited power to contract debts, the state may contract debts to repel invasion, suppress insurrection, or defend the state in war; but the money arising from the debts so contracted shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.
SEC. 5. Except the debts hereinbefore specified in this article, no debt shall be hereafter contracted by or on behalf of this state, unless such debt shall be authorized by some law for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax, sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal of such debt, within twenty years from the time of the contracting thereof; but no such law shall take effect until at a general election it shall have been sub- mitted 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, through- out the state, for three months preceding the election at which it is sub- mitted to the people.
SEC. 6. The legislature mav, at any time after the approval of such law by the people, if no debt shall not 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
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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.
SEC. 7. Every law which imposes, continues, or revives a tax, shall distinctly state the tax, and the object to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object.
ARTICLE VIII .- CORPORATIONS.
SECTION 1. No corporation shall be ereated by special laws; but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided.
SEC. 2. The property 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.
SEC. 4. No political or municipal corporation shall become a stock- holder in any banking corporation, directly or indirectly.
SEC. 5. No act of the general assembly, authorizing or creating corpo- rations 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 passage of the act, and shall have been approved by a majority of all the electors voting for and against it at such election.
SEC. 6. Subject to the provisions of the foregoing section, the general assembly may also provide for the establishment of a state bank, with branches.
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 circula- tion as money.
SEC. 8. If a general banking law shall be enacted, it shall provide for 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 stock shall be required to make up said deficiency by depositing additional stocks; and said law shall also provide for the recording of the names of all stockholders in such corporations, the amount of stock held by each, the time of any transfer and to whom.
SEc. 9. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all of its liabilities, accruing while he or she remains such stockholder.
SEC. 10. In case of the insolvency of any banking institution, the bill holders shall have a preference over its other creditors.
SEC. 11. The suspension of specie payments by banking institutions shall never be permitted or sanctioned.
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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 crea- tion of corporations, or granting of special or exclusive privileges or immu- nities, by a vote of two-thirds of each branch of the general assembly; and no exclusive privileges, except as in this article provided, shall ever be granted.
ARTICLE IX-EDUCATION AND SCHOOL LANDS.
[Sections 1 to 15, inclusive, creating the board of education for the government of com- mon schools, are omitted, the board having been abolished by the general assembly, as by authority conferred by section 15.]
SECOND-SCHOOL FUNDS AND SCHOOL LANDS.
SECTION 1. The educational and school funds and lands shall be under the control and management of the general assembly of this state.
SEC. 2. The university lands, and the proceeds thereof, and all moneys belonging to said fund shall be a permanent fund for the sole use of the state university. The interest arising from the same shall be annually appropriated for the support and benefit of said university.
SEC. 3. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improve- ment. 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 hun- dred thousand acres of land granted to the new states, under an act of congress, distributing the proceeds of the public lands among the several states of the Union, approved in the 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 assem- bly may provide, shall be inviolably appropriated to the support of com- mon schools throughout the state.
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 pro- ceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied in the several counties in which such money is paid, or fine collected, among the several school districts of said counties, in proportion to the number of youths subject to enumer- ation in such districts, to the support of common schools, or the establish- ment of libraries, as the board of education shall from time to time provide.
SEC. 5. The general assembly shall take measures for the protection, improvement or other dispositions of such lands as have been or may here- after be reserved, or granted by the United States, or any person or per- sons, to this state, for the use of the university, and the funds accruing from the rents or sale of such lands, or from any other source for the pur- pose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the support of said university, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.
SEC. 6. The financial agents of the school funds shall be the same that by law receive and control the state and county revenue, for other civil purposes, under such regulations as may be provided by law.
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SEC. 7. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths between the ages of five and twenty-one years, in such manner as may be provided by the general assembly.
ARTICLE X .- AMENDMENTS TO THE CONSTITUTION.
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 amend- ment 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 amendments shall become a part of the constitution of this state.
SEC. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately.
SEC. 3. At the general election to be held in the year one thousand eight hundred and seventy, and in each tenth year thereafter, and also at such times as the general assembly may by law provide, the question, "Shall there be a convention to revise the constitution, and amend the same?" shall be decided by the electors qualified to vote for members of the general assembly; and in case a majority of the electors so qualified, voting at such election for and against such proposition, shall decide in favor of a convention for such purpose, the general assembly, at its next session, shall provide by law for the election of delegates to such con- vention.
ARTICLE XI .- MISCELLANEOUS.
SECTION 1. The jurisdiction of justices of the peace shall extend to all civil cases, (except cases in chancery, and cases where the question of title to real estate may arise), where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars.
SEC. 2. No new county shall be hereafter created containing less than four hundred and thirty-two square miles, nor shall the territory of any organized county be reduced below that area, except the county of Worth, and the counties west of it, along the northern boundary of this state, may be organized without additional territory.
SEC. 3. No county, or other political or municipal corporation, shall be allowed to become indebted, in any manner or for any purpose, to an amount, in the aggregate, 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 indebt- edness.
SEC. 4. The boundaries of the state may be enlarged, with the consent of congress and the general assembly.
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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.
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 resi- due 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 actu- ally settled, without the consent of the occupant. The extent of the claim of such occupant so exempted shall not exceed three hundred and twenty acres.
SEC. S. The seat of government is hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk: and the State University at Iowa City, in the county of Johnson.
ARTICLE XII .- SCHEDULE.
SECTION 1. 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 constitu- tion shall remain in force until they shall expire or be repealed.
SEC. 3. All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari. and injunctions, shall be carried on in the several courts, in the same man- ner 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 this constitution not been made.
SEC. 4. All fines, penalties or forfeitures due, or to become due, or accruing to the state, or to any county therein, or to the school fund, shall inure to the state, county, or school fund, in the manner prescribed by law.
SEC. 5. All bonds executed to the state, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned.
SEC. 7. The first election under this constitution shall be held on the sec- ond Tuesday in October, in the year one thousand eight hundred and fifty- seven, at which time the electors of the state shall elect the governor and lieutenant governor. There shall also be elected at auch election the suc- cessors of such state senators as were elected at the August election in the year one thousand eight hundred and fifty-four, and members of the house of representatives, who shall be elected in accordance with the act of apportionment, enacted at the session of the general assembly which commenced on the first Monday of December, one thousand eight hun- dred and fifty-six.
SEC. 7. The first election for secretary, auditor and treasurer of state, attorney-general, district judges, members of the board of education, dis- trict attorneys, members of congress, and such state officers as shall be elected at the April election in the year one thousand eight hundred and
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fifty-seven, (except the superintendent of public instruction,) and such county officers as were elected at the August election in the year one thousand eight hundred and fifty-six, except prosecuting attorneys, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-eight: Provided, that the time for which any district judge or other state or county officer elected at the April election in the year one thousand eight hundred and fifty-eight, shall not extend beyond the time fixed for filling like offices at the October election in the year one thousand eight hundred and fifty-eight.
SEC. 8. The first election for judges of the supreme court, and such county officers as shall be elected at the August election in the year one thousand eight hundred and fifty-seven, shall be held on the second Tues- day of October, in the year one thousand eight hundred and fifty-nine.
SEC. 9. The first regular session of the general assembly shall be held in the year one thousand eight hundred and fifty-eight, commencing on the second Monday of January of said year.
SEC. 10. Senators elected at the August election in the year one thou- sand 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 gen- eral 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 con- stitution, (except as in this constitution otherwise provided) shall continue in office until the term for which such person has been or may be elected or appointed shall expire; but no such person shall continue in office after the taking effect of this constitution, for a longer period than the term of such office, in this constitution prescribed.
SEC. 12. The general assembly, at the first session under this constitu- tion, shall district the state into eleven judicial districts, for district court purposes; and shall also provide for the appointment of the members of the general assembly in accordance with provisions of this constitution.
SEC. 13. This constitution shall be submitted to the electors of the state at the August election, in the year one thousand eight hundred and fifty- seven, in the several election districts in this state. The ballots at such election shall be written or printed as follows: Those in favor of the con- stitution, "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 forwarded 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 con- stitution shall be the constitution of the state of Iowa, and shall take effect from and after the publication of said proclamation.
THE NORTHWEST TERRITORY.
GEOGRAPHICAL POSITION.
When the Northwestern Territory was ceded to the United States by Virginia in 1784, it embraced only the territory lying between the Ohio and the Mississippi Rivers, and north to the northern limits of the United States. It coincided with the area now embraced in the States of Ohio, Indiana, Michigan, Illinois, Wisconsin, and that portion of Minnesota lying on the east side of the Mississippi River. The United States itself at that period extended no farther west than the Mississippi River ; but by the purchase of Louisiana in 1803, the western boundary of the United States was extended to the Rocky Mountains and the Northern Pacific Ocean. The new territory thus added to the National domain, and subsequently opened to settlement, has been called the "New Northwest," in contradistinction from the old "Northwestern Territory."
In comparison with the old Northwest this is a territory of vast magnitude. It includes an area of 1,887,850 square miles ; being greater in extent than the united areas of all the Middle and Southern States, including Texas. Out of this magnificent territory have been erected eleven sovereign States and eight Territories, with an aggregate popula- tion, at the present time, of 13,000,000 inhabitants, or nearly one third of the entire population of the United States.
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