USA > Iowa > Marion County > The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C. > Part 28
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 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105
8. The having in possession during the close season, except the first five days, of any bird mentioned in section 2, deer or elk, is prima facie evidence of a violation of the law.
9. Prosecutions, except under section 1, may be brought in any county where the game is found, and the court shall appoint an attorney to prose- cute, who shall be entitled to a fee of 810; and the person filing the infor- mation to a fee equal to half the fine imposed on the defendant; both fees to be taxed as costs. The county is, however, in no event liable for either.
FISH AND FISH WAYS.
10. To catch or kill bass or wall-eyed pike from April 1 to June 1; sal- mon or trout from November 1 to February 1. Penalty, $5 to $25.
11. To use any seine or net for the purpose of catching fish, except native minnows, and except by the fish commissioner for propagation and exchange. Penalty, $5 to $50 for first offense; 820 to $50 for second.
12. To place across any river, creek, pond or lake, any trot line, dam, seine, weir, fish-dam, or other obstruction, in such manner as to prevent the free passage of fish, except under the direction of the fish commissioner, and except dams for manufacturing purposes provided with fish-ways. Penalty, 825 to $100, or 10 to 30 days in jail.
13. Fish-ways must be constructed in dam within sixty days after notice from Fish Commissioners, or the same will be built by the county and taxed to the owner. No person can snare, kill or catch fish within 100 yards of a fish-way, under penalty of five to ten dollars, and imprisonment till fine is
219
ABSTRACT OF THE LAWS OF IOWA.
14. Persons raising or propagating fish on their own premises, or own- ing premises on which there are waters having no natural outlet, supplied with fish, shall absolutely own said fish. No person shall take, or attempt to take, fish therefrom without consent of the owner. Penalty, 85 to 825, or 30 days in jail.
The "close " season is when killing is forbidden; the "open " season is when it is not.
PURCHASING BOOKS BY SUBSCRIPTION.
The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorised by the publisher, in order to prevent that as much as possi- ble, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the follow- ing statement is made:
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the pro- spectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely mployed to solicit subscriptions, for which he is usually paid a commis- sion for each subscriber, and has no authority to change or alter the con- ditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional, or modify or change the agreement of the publisher, as set ont by the prospectus and sample, in order to bind the principal, the sub- scriber should see that such condition or changes are stated over or in con- rection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode and have no authority to do it any other way to the pre- judice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery nor bind their principal for the payment of aponses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instru- ment, would examine carefully what it is; and if they cannot read them- selves call on some one disinterested who can.
CONSTITUTION OF STATE OF IOWA.
We, the People of the State of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a con- tinuation of those blessings, do ordain and establish a free and independ- ent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:
Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the month of the main channel of the Des Moines river; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri-as established by the Constitution of that State, adopted June 12, 1820-crosses the said middle of the main channel of the said Des Moines river; thence westwardly along the said northern boundary line of the State of Missouri, as established at the time aforesaid. until an extension of said line intersects the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river, to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three degrees and thirty minutes, until said par- allel intersects the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said Mississippi river, to the place of beginning.
ARTICLE 1 .- BILL OF RIGHTS.
SECTION 1. All men are, by nature, free and equal, and have certain in- alienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.
SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the pub- lic good may require it.
SEO. 3. The General Assembly shall make no law respecting an estab- ment of religion, or prohibiting the free exercise thereof; nor shall any per- son be compelled to attend any place of worship, pay tithes, taxes, or other
981
CONSTITUTION OF THE STATE OF IOWA.
--
rates, for building or repairing places of worship, or the maintenance of any minister or ministry.
Szo. 4. No religious test shall be required as a qualification for any office of public trust, and no person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of re -. ligion; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of any other person, not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to snits may be witnesses, as provided by law.
SEC. 5. Any citizen of this State who may hereafter be engaged either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the Consti- tution of this State.
SEO. 6. All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privi- leges or immunities, which upon the same terms shall not equally belong to all citizens.
Szo. 7. Every person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted.
Szo. 8. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
Soc. 9 The right of trial by jury shall remain inviolate; but the Gen- eral Assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, withont due process of law.
SEO. 10. In all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and pub- lic trial by an impartial jury; to be informed of the accusation against him; to have a copy of the same when demanded; to be confronted with the wit- nesses against him; to have compulsory process for his own witnesses; and to have the assistance of counsel.
SEC. 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace, or other officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for a higher criminal offense, unless on presentment or indictinent by a grand jury, except in cases arising in the army or navy, or in the militia, when in actual service, in time of war or public danger.
Sro. 12. No person shall, after acquittal, be tried for the same offense.
-
222
CONSTITUTION OF THE STATE OF IOWA.
All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great.
SEO. 13. The writ of habeas corpus shall not be suspended, or refused when application is made as required by law, unless in the case of rebellion or invasion, the public safety may require it.
SEo. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace; and in time of war no appropriation for a standing army shall be for a longer time than two years.
SEC. 15. No soldier shall, in time of peace, be quartered in any honse without the consent of the owner, nor in time of war except in the manner prescribed by law.
SEO. 16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.
SEO. 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.
SEC. 18. Private property shall not be taken for public use without just compensation first being made, or secured to be made, to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.
SEO. 19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be im- prisoned for a military fine in time of peace.
SEO. 20. The people have the right freely to assemble together to coun- sel for the common good; to make known their opinions to their represen- tatives, and to petition for a redress of grievances.
Sno. 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, enjoyment, and descent of property, as native born citizens.
SEC. 23. There shall be no slavery in this State; nor shall there be in voluntary servitude, unless for the punishment of crime.
SEO. 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. This enumeration of rights shall not be construed to impair or deny others, retained by the people.
ARTICLE 2 .- RIGHT OF SUFFRAGE.
SECTION 1. Every 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 pre- ceding the election, and in 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.
SEO. 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.
CONSTITUTION OF THE STATE OF IOWA.
Sso. 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 this State. Sro. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.
Szo. 6. All elections by the people shall be by ballot.
ARTICLE 3 .- 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 appertaining 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 every law shall be-" Be it enacted by the General Assembly of the State of lowa."
Szo. 2. The sessions of the General Assembly shall be biennial, and chall 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.
SEC. 3. The members of the House of Representatives shall be chosen every second year, by the qualified electors of their respective districts, ou 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 continne two years, and until their successors are elected and qualified.
Sto. 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 election shall have had an actual residence of sixty days in the county or district he may have been chosen to represent.
Sza. 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.
Szo. 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 an- nezed by lot to one or the other of the two classes, so as to keep them as nearly equal in numbers as practicable.
CONSTITUTION OF THE STATE OF IOWA.
SEO. 7. Each Honse shall choose its own officers, and judge of the quali- fication, election and return of its own members. A contested election shall be determined in such mannor as shall be directed by law.
Szo. 8. A majority of each house shall constitute a quorum to transact business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
SEo. 9. Each house shall sit upon its own adjournments, keep a journal of its proceedings, and publish the saine; determine its rules of proceed- ings, 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.
SEO. 10. Every member of the General Assembly shall have the liberty to digsent 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 meinbers present, be entered on the journals.
SEO. 11. Senators and Representatives, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same.
Szo. 12. When vacancies occur in either house, the governor, or the per- son exercising the functions of governor, shall issne writs of election to fill such vacancies.
Szo. 13. The doors of each house shall be open, except on such occas. sions as, in the opinion of the house, may require secrecy.
SEO. 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.
SEO. 15. Bills may originate in either honse, and may be amended, al- tered, or rejected by the other; and every bill having passed both houses, shall be signed by the Speaker and President of their respective houses.
SEO. 16. Every bill which shall have passed the General Assembly, shall, before it becomes a law, be presented to the Governor. If he approve, be 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 ad- journment, prevent such return. Any bill submitted to the Governor for his approval during the last three days of a session of the General Assem- bly, 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.
SEo. 17. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the General Assembly, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered upon the journal.
225
CONSTITUTION OF THE STATE OF IOWA.
Szo. 18. An accurate statement of the receipts and expenditures of the public money shall be attached to and and published with the laws at every regular session of the General Assembly.
Szo. 19. The House of Representatives shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present.
Sto. 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 neverthe- less 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.
Szo. 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.
Szo. 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 uo annnal salary, or the office of justice of the peace, or postinaster, whose compensation does not exceed one hundred dollars per annum, or notary public, shall not be deemed lucrative.
Szo. 23. No person who may hereafter be a collector or holder of pub- lie 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.
SEC. 24. No money shall be drawn from the treasury but in consequence of appropriations made by law.
SEC. 25. Each member of the first General Assembly under this consti- tation 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 return- ing 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; bat no General Assembly shall have the power to increase the compensa- tion of its members. And when convened in extra session they shall re- ceive the same mileage and per diem compensation as fixed by law for the regular session, and none other.
SEo. 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 publication in newspapers in the State.
Smo. 97. No divorce shall be granted by the General Assembly.
15
226
CONSTITUTION OF THE STATE OF IOWA.
SEO. 28. No lottery shall be authorized by this State; nor shall the sale of lottery tickets be allowed.
SEO. 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 ex- pressed in the title.
SEO. 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 general law can be made applicable, all laws shall be general, and of uniform ope- ration 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 ap- proved by a majority of the votes in each county, cast for and against it.
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.