USA > Iowa > The Iowa official register, 1905 > Part 5
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SEC. 2172. The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the government of the United States, may have become citi- zens of any one of the states, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof, and the chil- dren of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be consid- ered as citizens thereof; but no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the revolutionary war, shall be admitted to become a citizen without the consent of the legislature of the state in which such person was proscribed.
SEO. 2173. The police court of the District of Columbia shall have no power to naturalize foreigners.
SEO. 2174. Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subse- quent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and go d conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States ; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States, anything to the contrary in any act of congress notwithstanding; but such seaman shall, for all purposes of protec-
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Naturalization of Aliens.
tion as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.
SUPPLEMENTARY PROVISIONS.
CHINESE NOT TO BE NATURALIZED.
Sup. to Rev. St. U. S., vol. 1 (2d Ed. ), p. 342.
That hereafter no state or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed.
NATURALIZATION OF ALIENS SERVING IN NAVY OR MARINE CORPS.
Sup. to Rev. St. U. S., vol. 2, p. 206.
Any alien of the age of twenty-one years and upwards who has enlisted or may enlist in the United States navy or marine corps, and has served or may hereafter serve five consecutive years in the United States navy or one enlist- ment i the United States marine corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such ; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States navy or marine corps.
ANARCHISTS NOT TO BE NATURALIZE')-ADDITIONAL PROVISIONS.
Acts of Fifty-seventh Cong. Sess. 11, Chap. 1012.
SEC. 39. That no person who disbelieves in or who is opposed to all organ -- ized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all organized gov -·· ernment, or who advocates or teaches the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific indi- viduals or of officers generally, of the government of the United States or of any other organized government, because offhis or their official character, or- who has violated any of the provisions of this Act, shall be naturalized or be' made a citizen of the United States. All courts and [tribunals and all judges and officers thereof having jurisdiction of naturalization proceedings or duties to perform in regard thereto shall, on the final application for naturalization, make careful inquiry into such matters, and before issuing the final order or certificate of naturalization cause to be entered of record the affidavit of the. applicant and of his witnesses so far as applicable, reciting and affirming the truth of every material fact requisite for naturalization. All final orders and certificates of naturalization hereafter shall show on their face specifically that, said affidavits were duly made and recorded, and all orders and certificates. that fail to show such facts shall be null and void.
That any person who purposely procures naturalization in violation of the provisions of this section shall be fined not more than five thousand dollars, or shall be imprisoned not less than one nor more than ten years, or both, and the 3 IOR
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Naturalization of Aliens.
co 'rt in which such conviction is had shall thereupon adjudge and declare the order or decree and all certificates admitting such person to citizenship null and void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication.
That any person who knowingly aids, advises or encourages any such per- son to apply for or to secure naturalization or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not less than one nor more than ten years, or both.
The foregoing provisions concerning naturalization shall not be enforced until ninety days after approval thereof. Approved March 3, 1903.
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Organic Law of Iowa.
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1537219
ORGANIC LAW OF IOWA AND AMENDMENTS THERETO.
AN ACT TO DIVIDE THE TERRITORY OF WISCONSIN, AND TO ESTABLISH THE TERRITORIAL GOVERNMENT IOWA.
[Approved June 12, 1838. ]
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the third day of July next, all that part of the present territory of Wisconsin which lies west of the Mississippi river, and west of a line drawn due north from the head waters or sources of the Mississippi to the territorial line, shall, for the purposes of temporary government, be and constitute a separate territorial government, by the name of Iowa ; and that, from and after the said third day of July next, the present territorial government of Wisconsin shall extend only to that part of the present territory of Wisconsin which lies east of the Mississippi river. And, after the said third day of July next, all power and authority of the gov- ernment of Wisconsin, in and over the territory hereby constituted shall cease; provided, that nothing in this act contained shall be construed to impair the rights of person or property now appertaining to any Indians within the said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to impair the obligations of any treaty now existing between the United States and such Indians, or to impair or any- wise to effect the authority of the government of the United States to makeany regulations respecting such Indians, their lands, property or other rights, by treaty, or law, or otherwise, which it would have been competent to the gov- ernment to make if this act had never been passed; provided, that nothing in this act contained shall be construed to inhibit the government of the United States from dividing the territory hereby established into one or more other ter- ritories, in such manner and at such times as Congress shall, in its discretion, deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States.
SEC. 2. And be it further enacted, That the executive power and authority in and over the said territory of Iowa shall be vested in a governor, who shall hold his office for three years. unless sooner removed by the president of the United States. The governor shall reside within the said territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve of all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offenses against the laws of said territory, and reprieves for offenses against the law of the United States, until the decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed.
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Organic Law of Iowa.
SEC. 3. And be it further enacted, That there shall be a secretary of the said territory, who shall reside therein, and hold his office for four years, unless sooner removed by the president of the United States ; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department ; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first Monday in December in each year, to the president of the United States; and, at the same time, two copies of the laws to the speaker of the House of Repre entatives, for the use of Congress. And in case of the death, removal, resignation or necessary absence of the governor from the territory, the secretary shall have, and he is hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.
SEC. 4. And be it further enacted, That the legislative power shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall consist of twenty-six members, possessing the same quali- fications as prescribed for the members of the Council, and whose term of service shall continue one year. An apportionment shall be made as nearly equal as practicable among the several counties, for the election of the Council and Representatives, given to each section of the territory representation in the ratio of its population, Indians excepted, a nearly as may be. And the said
members of the Council and House of Representatives shall reside in and be inhabitants of the district for which they may be elected. Previous to the first election, the governor of the territory shall cause the census or enumeration of the inhabitants of the several counties in the territory to be taken and made by the sheriffs of the said counties, respectively, unless the same shall have been taken within three months previous to the third day of July next, and returns thereof made by said sheriffs to the governor. The first election shall be held at such time and place, and be conducted in such manner, as the governor shall appoint and direct, and he shall at the same time, declare the number of mem- bers of the Council and House of Representatives to which each of the counties or districts are entitled under this act. The number of persons authorized to be elected, having the greatest number of votes in each of the said counties or districts for the Council, shall be declared by the said governor to be duly elected to the said Council ; and the person or persons having the greatest nun- ber of votes for the House of Representatives, equal to the number to which each county may be entitled, shall also be declared by the governor to be duly elected; provided, the governor sliall order a new election when there is a tie between two or more persons voted for, tosupply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall meet at such place and on such day as he shall appoint; but thereafter the time, place and manner of holding and conducting all elections by the people, and the apport- ioning the representation in the several counties to the Council and House of Representatives according to population, shall be prescribed by law, as well as the day of the annual commencement of the session of the said legislative assembly ; but no session in any year shall exceed the term of seventy-five days.
SEC. 5. And be it further enacted, That every free white male citizen of the United States above the age of twenty-one years, who shall have been an inhabi
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Organic Law of Iowa.
Fall of sala territory at the time of its organization, shall be entitled to vote at the first election, and shall be eligible to any office within the said territory, but the qualifications of voters at all subsequent elections shall be such as shall be determined by the legislative assembly ; provided, that the right of suffrage shall be exercised only by citizens of the United States.
SEC. 6. And be it further enacted, That the legislative power of the terri tory shall extend to all rightful subjects of legislation ; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States ; nor shall the lands or other property of non- residents be taxed higher than the lands or other property of residents. All the laws of the governor and legislative assembly shall be submitted to, and, if disapproved by, the Congress of the United States, the same shall be null and of no effect.
SEC. 7. And be it further enacted, That all township officers, and all county officers except judicial officers, justices of the peace, sheriffs and clerks of courts shall be elected by the people in such manner as is now prescribed by the laws of the territory of Wisconsin, or as may, after the first election, be provided by the governor and legislative assembly of Iowa territory. The governor shall nominate, and, by and with the advice and consent of the legislative council, shall appoint all judicial officers, justices of the peace, sheriffs, and all militia officers, except those of the staff, and all civil officers not herein provided for. Vacancies occurring in the recess of the Council shall be filled by appointments from the governor, which shall expire at the end of the next session of the legislative assembly; but the said governor may appoint, in the first instance, the aforesaid officers, who shall hold their offices until the end of the next session of the said legislative assembly.
SEC. 8. And be it further enacted, That no member of the legislative assem- bly shall hold, or be appointed to, any office created, or the salary or emolu- ments of which shall have been increased, whilst he was a member, during the term for which he shall have been elected, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, or any of its officers except as a militia officer, shall be a member of the said Council or House of representatives, or shall hold any office under the government of the said territory.
SEC. 9. And be it further enacted, That the judicial power of the said territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate judges, any two of whom shall be a quorum, and who shall hold a term at the seat of government of the said territory annually; and they shall hold their offices during the term of four years. The said territory sh 'll be divided into three judicial districts ; and a district court or courts shall be held in each of the three districts, by one of the judges of the supreme court, at such times and places as may be prescribed by law ; and the said judges shall, after their appointment, respectively, reside in the districts which shall be assigned to them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law ; provided, however, that justices of the peace shall not have jurisdiction of any matter of controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. And the said supreme and district courts, respectively, shall possess a chancery as well as a common law jurisdiction. Each district court shall appoint its clerk, who shall keep his office at the place where the court
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Organic Law of Iowa.
may be held, and the said clerks shall also be the registers in chancery ; and any vacancy in said office of clerk, happening in the vacation of said court may be filled by the judge of said district, which appointment shall continue until the next term of said court. And writs of error, bills of exception, and appeals in chancery causes, shall be allowed in all cases from the final decisions of the said district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court may appoint its own clerk, and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed. And writs of error and appeals from the final decision of the said supreme court shall be allowed and taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed $1,000. And each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitu- tion and laws of the United States as is vested in the circuit and district courts of the United States. And the first six days of every term of the said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws. And writs of error and appeals from the final decisions of the said courts, in all such cases, shall be made to the supreme court of the territory, in the same manner as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of Wisconsin territory now receive for similar services.
SEC. 10. And be it further enacted, That there shall be an attorney for the said territory appointed, who shall continue in office for four years, unless sooner removed by the president, and who shall receive the same fees and salary as the attorney of the United States for the present territory of Wisconsin. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner removed by the president, who shall execute all process issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States. He shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present terri- tory of Wisconsin; and shall, in addition, be paid the sum of $200 annually as a compensation for extra services.
SRO. 11. And be it further enacted, That the governor, secretary, chief justice and associate judges, attorney and marshal shall be nominated, and, by and with the advice and consent of the senate, appointed, by the president of the United States. The governor and secretary, to be appointed as afore- said, shall, before they act as such, respectively take an oath or affirmation before some judge or justice of the peace in the existing territory of Wisconsin, duly commissioned and qualified to administer an oath or affirmation, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States, and for the faithfu! discharge of the duties of their respective offices; which said oaths, when so taken, shall be certified by the person before whom the same shall have been taken, and such certificate shall be received and recorded by the said secreta: y among the executive proceedings. And, afterwards, the' chief justice and associate judges, and all other civil officers in said territory, before they act a+ such, shall take a like oath or affirmation, before said governor, or secretary.
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Organic Law of Iowa.
or some judge or justice of the territory, wno may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the secretary, to be by him recorded as afore- said; and, afterwards, the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. The governor shall receive an annual salary of $1, 500 as governor, and $1, 000 as superintend- ent of Indian affairs. The said chief judge and associate justices shall each receive an annual salary of $1, 500. The secretary shall receive an annual salary of $1, 200. The said salaries shall be paid quarter-yearly, at the treasury of the United States. The members of the legislative assembly shall be entitled to receive three dollars each, per day, during their attendance at the session thereof, and three dollars each for every twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route. There shall be appropriated annually the sum of $350 to be expended by the governor to defray the contingent expenses of the ter- ritory ; and there shall also be appropriated annually a sum sufficient, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses ; and the secretary of the territory shall annually account to the sec- retary of the treasury of the United States for the manner in which the afore- said sum : hall have been expended.
SEC. 12. And be it further enacted, That the inhabitants of the said territory shall be entitled to all the rights, privileges and immunities heretofore granted and secured to the territory of Wisconsin, and to its inhabitants. and the exist- ing laws of the territory of Wisconsin shall be extended over said territory, so far as the same be not incompatible with the provisions of this act, subject, nevertheless, to be altered, modified or repealed by the governor and legislative assembly of the said territory of Iowa; and, further, the laws of the United States are hereby extended over and shall be in force in said territory, so far as the same, or any provisions thereof, may be applicable.
SEC. 13. And be it further enacted, That the legislative assembly of the territory of Iowa shall hold its session at such time and place in said territory as the governor thereof shall appoint and direct ; and at said session, or as soon thereafter as may by them be deemed expedient, the said governor and legis- lative assembly shall proceed to locate and establish the seat of government for said territory, at such place as they may deem eligible, which place, however, shall thereafter be subject to be changed by the governor and legislative assem- bly. And the sum of $20, 000 out of any money in the treasury not otherwise appropriated, is hereby granted to the said territory of Iowa, which shall be applied by the governor and legislative assembly thereof to defray the expenses of erecting public buildings at the seat of government.
SEO. 14. And be it further enacted, That a delegate to the House of Repre- sentatives of the United States, to serve for the term of two years, may be elected by the voters qualified to elect members of the legis ative assembly, who shall be entitled to the same rights and privileges as have been granted to the delegates from the several territories of the United States to the said House of Representatives. The first election shall be held at such time and place or places, and be conducted in such manner, as the governor shall appoint and direct. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given to the person so elected.
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