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 83
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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 con-
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gress, distributing the proceeds of the public lands among the several states of the Union, approved in the year of our Lord one thousand eight hun- dred 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 estab- lishment 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 disposition 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.
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
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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 as- sembly, 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 ex- ceed 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 or- ganized 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 in- debtedness.
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Sec. 4. The boundaries of the state may be enlarged, with the consent of congress and the general assembly.
Sec. 5. Every person elected or appointed to 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 occurring be- fore 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 sucessors 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. 8. 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 constitu- tion, shall be subject to indictment, trial and punishment, in the same man- ner as they would have been had this constitution not been made.
Sec. 4. All fines, penalties or forfeitures due, or to become due, or ac- cruing to the state, or to any county therein, or to the school fund, shall inure to the state, county, or school fund, in the manner prescribed by law.
Sec. 5. All bonds executed to the state, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned.
Sec. 6. The election under this constitution shall be held on the second Tuesday in October, in the year one thousand eight hundred and fifty-
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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 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 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 Tuesday of October, in the year one thousand eight hundred and fifty- nine.
Sec. 9. The first regular session of the general assembly shall be held in the year one thousand eight hundred and fifty-eight, commencing on the second Monday of January of said year.
Sec. 10. Senators elected at the August election in the year one thous- and 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 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 constitution, (except as in this constitution otherwise provided) shall con- tinue 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.
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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 apportionment of the members of the general assembly in accordance with the provisions of this constitu- tion.
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 ab- stracts 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 of Sugrage" shall be separately submitted to the electors of this state, for adoption or re- jection, in the manner following, viz: A separate ballot may be given by every person having a right to vote at said election, to be deposited in a sep- arate box. And those given for the adoption of such proposition shall have the words, "Shall the word 'white' be stricken out of the article on the 'Right of Suffrage?' Yes." And those given against the proposition shall have the words, "Shall the word 'white' be striken out of the article on the ' Right of Suffrage?' No." And if at said election the number of ballots cast in favor of said proposition shall be equal to a majority of those cast for and against this constitution, then said word "white" shall be stricken from said article and be no part thereof.
Sec. 14. Until otherwise directed by law, the county of Mills shall be in and a part of the sixth judicial district of this state.
Done in convention at Iowa City, this fifth day of March, in the year of our Lord one thousand eight hundred and fifty-seven, and of the inde- pendence of the United States of America, the eighty-first.
FRIDS-RÖSTER.
När de mäktiga på jorden Trampa en föraktad ätt, Och i sëdern och i norden Styrkan ëfver allt har rätt: När den svagare förtryckte Svekets dolk i gördlen bär, I din egen barm du flyckte Och slut' frid med verlden der!
Stiger dagen på det hëga, Blickar glad och fridsäll ner, Hata ej! hans rena ëga Djupet af ditt hjerta ser. Kommer qvällen med sin stjerna, Qvällen är med friden släkt: Stäng ditt bröst för hat, så gerna, Som din dörr fër nattens fläkt.
Dëm ej straxt den vilsefërda, Stolte broder, med fërakt! Icke vägde du den bërda Odet på hans skuldra lagt, Icke tålde du de strider, Som han stridde för sin dygd, Icke vet du hvad han lider Af sin ånger, af sin blygd.
Du som hämd och hat förkunnar I din egen himmels namn, Ser du icke, himlen unnar Rum åt alla i sin famn. Om den slutna evighetens Dolda rådslag, hvad vet du? Hvem har matt barmhertighetens Bottenlësa djup ännu?
Ack hvad gör det, hur vi kalla Denne far, som dock är vår? Hvad tillfälligt är må falla, Det väsentliga består. Månn' den vise med sin lära; Än så djup så konstig byggd, Kommer verldens Gud mer nära, Än den vilde med sin dygd?
Hër mig, hër mig, gode fader, Väsen bakom verlden gëmdt! Ibland jordens myriader Lys de många som dig glömt! Tyd för dem instiktnings-orden Till hvad ädlast jorden såg: "Gudi ära frid på jorden Menniskor en helig håg!"
Menska någon himmelsk flamma Lefver i dig, vårda den; Frid och kärlek måste stamma Från din faderlige vän.
Vet du på din lefnads gåta Något tröstligare svar, Än att älska och förlåta Sënerna af samma far?
Är du lycklig, väl, så gläd dig Åt din lycka med enhvar, Och ju mer du delar med dig, Desto mera har du qvar. Räck oss handen, vägra ingen Låt hvar glädje som du njët, Flyga genom brëdra-ringen Liksom en elektrisk stët!
Om du lider om du faller Miskänd utan tröst och hopp, Genom lifvets fängsel galler Se i ëppna himlen opp, Der hvar hatful själ hvar bitter Svartnar som ett slocknad brand, Och försonligheten sitter På den högstes högra hand.
Yngling du hvars sjerna rullar Ofver lifvets paradis, Sola dig på dina kullar; Hata ej, var glad och vis! Medan än bekymret tiger, Drick ur kärlekens pokal, Drick dig varm förrän du stiger Ner i årens kalla dal!
Du som ren med fulla händer Uppå lifvets höjder står, Gör det goda förr'n du vänder Åter med fërblekta hår! Bygg med svettig flit din boning, Bygg den uti fridens land, Bjud hvar ovän till försoning Och hvar vän till stëd din hand.
Du som släpar sista stenen Opp till lifvets pyramid, Vill du från dess höjd se scenen Utan fasa, så äg frid! Ack du vet ej, hvar du landar Ifrån dëdens stilla haf, Derfër mana goda andar, Endast goda till din graf!
Innan än din plats är ëde Bland de lefvande, gër godt, Dë, och hoppas bland de dëde Ingen hämd försoning blott! Ingen ånger, ingen vrede Till din sotsäng tränge sig! Stilla saligheter brede Sina vingar ëfver dig.
BY ISAIAH TEGNER.
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