USA > Iowa > The Iowa official register, 1904 > Part 12
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Jurisdiction. SEC. 6. The district court shall be a court of law and equity which shall be distinct and separate jurisdictions, and have jurisdiction in civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law.
Conservators of the peace. SEC. 7. The judges of the supreme and district courts shall be conservators of the peace throughout the state. .
Style of process. 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.
Salaries. SEC. 9. The salary of each judge of the supreme court shall be $2, 000 per annum ; and that of each district judge $1,600 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 com- pensation shall not be increased or diminished during the term for which they shall have been elected.
Judicial Districts. 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 judges, shall have the effect of removing a judge from office. Such reorganization of the districts, or any change in the boundaries thereof, or any increase or dimi- nution of the number of judges, shall take place every four years thereafter, if necessary, and at no other time.
[AMENDMENT. ] At any regular session of the general assembly, the state may be devided into the necessary judicial districts for district court purposes, or the said districts may be reorganized and the number of the districts and the judges of said courts increased or diminished ; but no reorganization of the dis- tricts or diminution of the judges shall have the effect of removing a judge from office.
[By proper legislative action (19 G. A., Joint Res. No. 12, and 20 G. A., Joint Res. No. 13) the foregoing was submitted to the electors at the general election in 1884 as a proposed amendment to the constitution, and was by them adopted. ]
When chosen. SEO. 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 commence on the first day of January next after his election.
Attorney-general. SEO. 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.
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County attorney. SEC. 13. The qualified electors of each county shall, at the general election in the year eighteen hundred and eighty-six, and every two years, thereafter elect a county attorney, who shall be a resident of the county for which he is elected, and shall hold his office for two years, and until his successor shall have been elected and qualified.
[By proper legislative action (19 G. A., Joint Res. No. 12, and 20 G. A., Joint Res. No. 13) a proposition to substitute the foregoing for the original section was submitted to the electors at the general election in 1884, and by them adopted. The original section was as follows:
SEC. 13. The qualified electors of each judicial district shall, at the time of the election of the district judge, elect a district attorney, who shall be a resi- dent 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. ]
Carrying into effect. 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. ,
The grand jury. [SEC. 15. ] The grand jury may consist of any number of members not less than five, nor more than fifteen, as the general assembly may by law provide, or the general assembly may provide for holding persons to answer for any criminal offense without the intervention of the grand jury.
[By proper legislative action (19 G. A., Joint Res. No 12 and 20 G. A., Joint Res. No. 13) the foregoing was submitted to the electors at the general election in 1884 as a proposed amendment to the constitution, and was by them adopted. ].
ARTICLE VI. - MILITIA.
Who constitute. 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.
[By proper legislative action a proposed amendment striking the word "white" from this section, as it originally stood, was submitted to the electors at the general election in 1868 and adopted. ]
Exemption. 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.
Officers. 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.
Credit not to be loaned. 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 liabilities of any individual, association, or corporation, unless incurred in time of war for the benefit of the state.
Limitation. SEC. 2. The state may contract debts to supply casual deficits or failures 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 different
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periods of time, shall never exceed the sum of $250, 000; 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 what- ever.
Losses to school funds. SEC. 3. All losses to the permanent school, or university fund of this state, which shall have been occasioned by the defalca- tion, mismanagement, or fraud of the agents or officers controlling and manag- ing 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 6 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.
War debt. 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. -
Question of incurring debt submitted. 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, throughout the state, for three months preceding the election at which it is submitted to the people.
Legislature may repeal. SEC. 6. The legislature may, at any time, after the approval of such law by the people, if no debt shall have been con- tracted 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 im- posed 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 annually collected, until the principal and interest are fully paid.
Tax imposed distinctly stated. SEC. 7. Every law which imposes, con- tinues, 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.
How created. SECTION 1. No corporation shall be created by special laws; but the general assembly shall provide by general laws, for the organiza- tion of all corporations hereafter to be created, except as hereinafter provided.
Property taxable. SEC. 2. The property of all corporations for pecuniary profit shall be subject to taxation the same as that of individuals,
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State not to be a stockholder. 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.
Municipal corporation. SEC. 4. No political or municipal corporation shall become a stockholder in any banking corporation, directly or indirectly.
Act creating banking associations. SEC 5. No act of the general assem- bly, authorizing or creating corporations 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.
State bank. 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.
Specie basis. SEC. 7. If a state bank be established, it shall be founded on an actual specie basis, and the branches shall be mutually responsi- ble for each other's liabilities upon all notes, bills and other issues intended for circulation as money.
General banking law. SEC. 8. 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 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.
Stockholders responsible. 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 its liabilities accruing while he or she remains such stockholder.
Bill-holders preferred. SEC. 10. In case of the insolvency of any banking institution, the bill-holders shall have a preference over its other creditors.
Suspension of specie payments. SEC. 11. The suspension of specie payments by banking institutions shall never be permitted or sanctioned.
Amendment or repeal of charters; exclusive privileges. 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 creation of corporations, or granting of special or exclusive privileges or immunities, 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.
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ARTICLE IX-EDUCATION AND SCHOOL LANDS.
1. -- Education.
Board of 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.
Who eligible. 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.
How elected. 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 election under this constitution, the board shall be divided, as nearly as practicable, into two equal classes, and the seats of the first class shall be vacated after the expiration of two years; and one-half of the board shall be chosen every two years thereafter.
First session. 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 election; after which the general assembly may fix the time and place of meet- ing.
Limited. 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 gover- nor may order a special session.
Secretary. 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 imposed 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.
Rules and regulations. 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, pub- lished, and distributed, they shall have the force and effect of law.
Power to make. 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 gen- eral assembly; and when so altered, amended, or repealed, they shall not be re-enacted by the board of education.
Governor ex-officio a member. SEC. 9. The governor of the state shall be, ex-officio, a member of said board.
Expenses. SEC. 10. The board shall have no power to levy taxes, or make appropriations of money. Their contingent expenses shall be provided for by the general assembly.
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State university. 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.
Common schools. 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 portion of the school fund.
Compensation. SEC. 13. The members of the board of education shall each receive the same per diem during the term of their session, and mileage going to and returning therefrom, as members of the general assembly.
Quorum; style of acts. SEC. 14. A majority of the board shall consti- tute a quorum for the transaction of business; but no rule, regulation, or law, for the government of common schools or other educational institutions shall pass without 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 board shall be, "Be it enacted by the board of education of the state of Iowa."
Board may be abolished. SEC. 15. At any time after the year one thousand eight hundred and sixty-three, the general assembly shall have power to abolish or reorganize said board of education, and provide for the educational interest of the state in any other manner that to them shall seem best and proper.
[The board of education was abolished by 10th G. A., ch. 52, ยง 1. ]
2-School Funds and School Lands.
Under control of general assembly. SECTION 1. The educational and school funds and lands shall be under the control and management of the general assembly of this state.
Permanent fund. 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.
Lands appropriated. SEC. 3. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agri- cultural improvement. 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 hundred thousand acres of land granted to the new states, under an act of Con- 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 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 assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state.
Fines, etc., how appropriated. SEC. 4. The money which may have been or shall be paid by persons as an equivalent from exemption from military
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duty, and the clear proceeds 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 enumeration in such districts, to the support of common schools or the establishment of libraries, as the board of education shall from time to time provide.
Proceeds of lands. SEC. 5. - The general assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be reserved, or granted by the United States, or any person or persons 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 purpose 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.
Agents of school funds. SEC. 6. The financial agents of the school funds shall be the same that, by law, receive and control the state and county rev- enue, for other civil purposes, under such regulations as may be provided by law,
Distribution. SEC. 7. The money subject to the support and mainten- ance 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 man- ner as may be provided by the general assembly.
ARTICLE X-AMENDMENTS TO THE CONSTITUTION.
How proposed; submission. SECTION 1. Any amendment or amend- ments to this constitution may be proposed in either house of the general assem- bly ; 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 amendment 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.
More than one. SEO. 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.
Convention. 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
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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 convention.
ARTICLE XI-MISCELLANEOUS.
Jurisdiction of justice of the peace. SECTION 1. The jurisdiction of jus- tices 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. -
"Counties. 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.
Indebtedness of political or municipal corporations. 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 on 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 indebtedness.
Boundaries. SEC. 4. The boundaries of the state may be enlarged, with the consent of congress and the general assembly.
Oath of office. 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.
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