USA > Iowa > Page County > History of Page County, Iowa : containing a history of the county, its cities, towns, etc. : a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Page County, constitution of the state of Iowa, reminiscences, miscellaneous matters, etc > Part 82
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 | Part 83
Sec. 36. At its first session under this constitution, and at every sub- sequent regular sesssion, the general assembly shall fix the ratio of repre- sentation, and also form into representative districts those counties which will not be entitled singly to a representative.
Sec. 37. When a congressional, senatorial, or representative district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be di- vided 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
*Stricken out by a vote of the people at the general election held November 3d, 1868.
793
CONSTITUTION OF IOWA.
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 publish them in the presence of both houses of the general assembly.
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 have an equal, and the highest number of votes for either office, the general assembly shall, by joint vote, forth- with proceed to elect one of said persons governor, or lieutenant governor, as the case may be.
Sec. 5. 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 at- tained 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 as- sembly by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened. 1
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
794
CONSTITUTION OF IOWA.
general assembly to such time as he may think proper; but no such ad- journment 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 re- ceive 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 re- port to the general assembly, at its next meeting, each case of reprieve, 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 of- fice for the residue of the term, or until he shall be acquitted, or the disa- bility 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 ab- sence 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- sentatives.
Sec. 20. There shall be a seal of this state, which shall be kept by the
795
CONSTITUTION OF IOWA.
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 ineligible 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 throughout the state.
Sec. 5. The district court shall consist of a single judge, who shall be elected by the qualified electors of the district in which he resides. The judge of the district court shall hold his office for the term of four years, and until his successor shall have been elected and qualified; and shall be ineligible to any other office, except that of judge of the supreme court, during the term for which he was elected.
Sec. 6. The district court shall be a court of law and equity, which shall be distinct and separate jurisdiction, and have jurisdiction in civil and
796
CONSTITUTION OF IOWA.
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.
Sec. 8. The style of all process shall be, "The state of Iowa," and all prosecutions shall be conducted in the name and by the authority of the same.
Sec. 9. The salary of each judge of the supreme court shall be two thousand 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 re- organize the judicial districts, and increase or diminish the number of dis- tricts, 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 there- of 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.
797
CONSTITUTION OF IOWA.
ARTICLE VI .- MILITIA.
Section 1. The militia of this state shall be composed of all able-bodied white* male citizens, between the ages of eighteen and forty-five years, ex- cept 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 arms shall be compelled to do military duty in time of peace; Provided, That such person or persons shall pay an equivalent for such exemption in the same manner as other citizens.
Sec. 3. All commissioned officers of the militia (staff officers excepted) shall be elected by persons liable to perform military duty, and shall be commissioned by the governor.
ARTICLE VII .- STATE DEBTS.
Sec. 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 fail- ures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contingent, whether con- tracted by virtue of one or more acts of the general assembly, or at dif- ferent 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 re- pay 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 outhorized 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 de-
*Stricken out by a vote of the people at the general election held November 3, 1868.
₹
798
CONSTITUTION OF IOWA.
fend 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 dis- tinctly 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 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 therin 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 an- nually collected, until the principal and interest are fully paid.
Sec. 7. Every law which imposes, continues, or revives a tax, shall dis- tinctly state the tax, and the object to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object.
ARTICLE VIII .- CORPORATIONS.
Section 1. No corporation shall be created by special laws; but the general assembly shall 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 generl assembly, authorizing or creating corpo- rations or associations with banking powers, nor amendments thereto, shall
799
CONSTITUTION OF IOWA.
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. S. 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.
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.
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 im- munities, 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.
800
CONSTITUTION OF IOWA.
ARTICLE IX-EDUCATION AND SCHOOL LANDS.
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 consist 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 a 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 qualified 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 elec- tion under this constitution, the board shall be divided as nearly as prac- ticable, into two equal classes, and the seats of the first class shall be va- cated 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 elec- tion; after which the general assembly may fix the time and place of meet- ing.
Sec. 5. The session of the board shall be limited to twenty days, and but one session shall be held in any one year, except upon extraordinary occasions, when, upon the recommendation of two-thirds of the board, the governor may order a special session.
Sec. 6. The board of education shall appoint a secretary, who shall be the executive officer of the board, and perform such duties as may be im- posed 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 published and distributed to the several counties, townships and school districts as may be provided for by the board, and when so made, published and dis- tributed, they shall have the force and effect of law.
Sec. 8. The board of education shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools and other educational institutions that are instituted, to receive aid from the school or university fund of this state; but all acts, rules and regulations of said board may be altered, amended, or repealed by the general assembly; and when so altered, amended, or repealed they shall not be re-enacted by the board of education.
801
CONSTITUTION OF IOWA.
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 appro- priations of money. Their contingent expenses shall be provided 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 consecutive years, to organize and keep up a school, as aforesaid, may be deprived of their por- tion of the school fund.
Sec. 13. The members of the board of education shall each receive the same per diem during the time of their session, and mileage going to and returning therefrom, as members of the general assembly.
Sec. 14. A majority of the board shall constitute a quorum for the transaction of business; but no rule, regulation, or law, for the govern- ment of common schools or other educational institutions shall pass with- out 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 borad 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-organ- ize said board ofeducation, and provide for the educational interest of the state in any other manner that to them shall seem best and proper.
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 ap- propriated for the support and benefit of said university.
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.