USA > Iowa > The Iowa official register, 1905 > Part 6
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Organic Law of Iowa.
SEC. 15. And be it further enacted, That all suits, process and proceed- ings, and all indictments and informations, which shall be undetermined on the third day of July next, in the district courts of Wisconsin territory, west of the Mississippi river, shall be transferred to be heard, tried, prosecuted and determined in the district courts hereby established, which may include the said counties.
SEC. 16. And be it further enacted, That all justices of the peace, consta- bles, sheriffs, and all other executive and judicial officers, who shall be in office on the third day of July next in that portion of the present territory of Wis- consin which will then, by this act, become the territory of Iowa, shall be, and are hereby authorized and required to continue to exercise and perform the duties of their respective offices, as officers of the territory of Iowa, temporarily, and until they or others shall be duly appointed to fill their places by the terri- torial government of Iowa, in the manner herein directed; provided, that no officer shall hold or continue in office by virtue of this provision over twelve months from the said third day of July next.
SEC. 17. And be it further enacted, That all causes which shall have been or may be removed from the courts held by the present territory of Wisconsin, in the counties west of the Mississippi river, by appeal or otherwise into the supreme court for the territory of Wisconsin, and which shall be undetermined therein on the third day of July next, shall be certified by the clerk of the said supreme court, and transferred to the supreme court of said territory of Iowa, there to be proceeded in to final determination, in the same manner that they might have been in the said supreme court of the territory of Wisconsin.
, SEC. 18. And be it further enacted, That the sum of $5,000 be, and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to be expended by and under the direction of the governor of said territory of Iowa in the purchase of a library, to be kept at the seat of govern- ment, for the accommodation of the governor, legislative assembly, judges, secretary, marshal and attorney of said territory, and such other persons as the governor and legislative assembly shall direct.
SEO. 19. And be it further enacted, That from and after the day named in this act for the organization of the territory of Iowa, the term of the members of the Council and House of Representatives of the territory of Wisconsin shall be deemed to have expired, and an entirely new organization of the Council and House of Representatives of the territory of Wisconsin, as constituted by this act, shall take place as follows: As soon as practicable, after the passage of this act, the governor of the territory of Wisconsin shall apportion the thirteen members of the Council, and twenty-six members of the House of Representa- tives, among the several counties or district; comprised within said territory, according to their population, as nearly as may be (Indians excep ed). The first election shall be held at such time as the governor shall appoint and direct, and shall be conducted, and returns thereof made, in all respects according to the provisions of the laws of said territory, and the governor shall declare the person having the greatest number of votes to be elected, and shall order a new election, when there is a tie between two or more persons voted for, to supply the vacancy made by such tie. The persons thus elected shall meet at Madison, the seat of government, on such day as he shall appoint, but thereafter the apportioning of the representation in the several count es to the council and House of Representatives according to population, the day of their election, and the day for the commencement of the session of the legislative assembly. shall be prescribed by law.
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Organic Law of Iowa.
SEC. 20. And be it further enacted, That temporarily, and until otherwise provided by law of the legislative assembly, the governor of the territory of Iowa may define the judicial dist. icts of said territory, and assign the judges who may be appointed for said territory to the several districts, and also appoint the time for holding courts in the several counties in each district, by proclama- tion to be issued by him ; but the legislative assembly, at their first or any sub- sequent session, may organize, alter or modify such judicial districts, and assign the judges, and alter the times of holding the courts, or any of them.
AMENDMENTS TO THE ORGANIC LAW.
AN ACT TO ALTER AND AMEND THE ORGANIO LAW OF THE TER- RITORIES OF WISCONSIN AND IOWA.
[Approved March 3, 1839, ]
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every bill which shall have passed the Council and House of Representatives of the territories of Iowa and Wisconsin shall, before it become a law, be presented to the governor of the territory ; if he approve he shall sign it, but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of that house it shal become a law. But in all such cases, the votes of both houses, shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journals of each house, respectively. If any bill shall not be returned by the governor within three days (Sunday s excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly by adjournment prevent its return, in which case it shall not be a law.
SEC. 2. And be it further enacted, That this act shall not be so construed as to deprive Congress of the right to disapprove of any law. passed by the said legislative assembly, or in any way to impair or alter the power of Congress over laws passed by said assembly.
AN ACT TO AUTHORIZE THE ELECTION OR APPOINTMENT OF CERTAIN OFFICERS IN THE TERRITORY OF IOWA, AND FOR OTHER PURPOSES.
[Approved March 3, 1839 ]
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the legislative assembly of the territory of Iowa, shall be, and are hereby, authorized to provide by law for the election or appointment of sheriffs, judges of probate, justices of the peace and county surveyors within the said territory, in such way or manner, and at such times and places, as to them may seem proper; and, after a law
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Organic Law of Iowa.
snall have been passed by the legislative assembly for that purpose, all elections or appointments of the above named officers thereafter to be had or made shall be in pursuance of such law
SEO. 2. And be it further enacted, That the term of service of the present delegate for said territory of Iowa shall expire on the twenty-seventh day of October, eighteen hundred and forty ; and the qualified electors of said territory may elect a delegate to serve from the said twenty-seventh day of October to the fourth day of March thereafter, at such time and place as shall be prescribed by law by the legislative assembly, and thereafter a delegate shall be elected, at. such time and place as the legislative assembly may direct, to serve for a Con- gress as members of the House of Representatives are now elected.
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Admission of Iowa.
ADMISSION OF IOWA INTO THE UNION.
AN ACT FOR THE ADMISSION OF THE STATES OF IOWA AND FLORIDA INTO THE UNION.
[Approved March 3, 1845. ]
WHEREAS, The people of the territory of Iowa did, on the seventh day of October, eighteen hundred and forty-four, by a convention of delegates called and assembled for that purpose, form for themselves a constitution and state government ; and whereas, the people of the territory of Florida did, in like manner, by their delegates, on the eleventh day of January, eighteen hundred and thirty-nine, form for themselves a constitution and state government, both of which said constitutions are republican ; and said conventions having asked the admission of their respective territories into the union as states, on equal footing with the original states:
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the states of Iowa and Florida be, and the same are hereby, declared to be states of the United States of America, and are hereby admitted into the union on equal footing with the original states, in all respects whatsoever.
SEC. 2. And be it further enacted, That the following shall be the boun- daries of the said state of Iowa, to-wit : beginning at the mouth of the Des Moines river, at the middle of the Mississippi, thence by the middle of the channel of that river to a parallel of latitude passing through the mouth of the Mankato or Blue-earth river, thence west along the said parallel of latitude to a point where it is intersected by a meridian line, seventeen degrees and thirty minutes west of the meridian of Washington city, thence due south to the northern boundary line of the state of Missouri, thence eastwardly following that boundary to the point at which the same intersects the Des Moines river, thence by the middle of the channel of that river to the place of beginning.
SEC. 3. And be it further enacted, That the said state of Iowa shall have concurrent jurisdiction on the river Mississippi, and every other river bordering on the said state of Iowa, so far as the said rivers shall form a common boundary to said state and any other state or states now or hereafter to be formed or bounded by the same; such rivers to be common to both; and that the said river Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free, as well to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost or toll there- for, imposed by the said state of Iowa.
SEO. 4. And be it further enacted, That it is made and declared to be a fundamental condition of the admission of said state of Iowa into the union,
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Admission of Iowa.
that so much of this act as relates to the said state of Iowa shall be assented to by a majority of the qualified electors at their township elections, in the manner and at the time prescribed in the sixth section of the thirteenth article of the constitution adopted at Iowa City the first day of November, Anno Domini eighteen hundred and forty-four, or by the legislature of said state. And, so soon as such assent shall be given, the president of the United State shall announce the same by proclamation ; and therefrom, without further proceed- ings on the part of congress, the admission of the said state of Iowa into the union, on an equal footing in all respects whatever with the original states, . shall be considered as complete.
SEO. 5. And be it further enacted, That said state of Florida shall embrace the territories of East and West Florida, which, by the treaty of amity, settle- ment and limits between the United States and Spain, on the twenty-second day of February, eighteen hundred and nineteen, were ceded to the United States.
SEC. 6. And be it further enacted, That, until the next census and appor- tionment shall be made, each of said states of Iowa and Florida shall be entitled to one representative in the House of Representatives of the United States.
SEC. 7. And be it further enacted, That said states of Iowa and Florida are admitted into the union on the express condition that they shall never interfere with the primary disposal of the public lands lying within them, nor levy any tax on the same whilst remaining the property of the United States ; provided, that the ordinance of the convention that formed the constitution of Iowa, and which is appended to the said constitution, shall not be deemed or taken to have any effect or validity, or to be recognized as in any manner obligatory upon the government of the United States.
AN ACT SUPPLEMENTAL TO THE ACT FOR THE ADMISSION OF THE STATES OF IOWA AND FLORIDA INTO THE UNION.
[Approved March 3, 1845. ]
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That the laws of the United States, which are not locally inapplicable, shall have the same force and effect within the state of Iowa as elsewhere within the United States.
SEC. 2. And be it further enacted, That the said state shall be one district and be called the district of Iowa, and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold, at the seat of government of the said state, two sessions of the said district court annually, on the first Monday in January, and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled,. "An act to establish the judicial courts of the United States." He shall appoint a clerk for the said district, who shall reside and keep the records of the said court at the place of holding the same; and shall receive, for the services per- formed by him, the same fees to which the clerk of the Kentucky district is by law entitled for similar services.
SEC. 3. And be it further enacted, That there shall be allowed to the judge of the said district court the annual compensation of $1, 500, to commence from
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Admission of Iowa.
the date of his appointment, to be paid quarterly at the treasury of the United States.
SEC. 4. And be it further enacted, That there shall be appointed in the said district a person learned in the law to act as attorney for the United States; who shall, in addition to his stated fees, be paid annually by the United States $200, as a full compensation for all extra services ; the said payments to be made quarterly, at the treasury of the United States.
SEO. 5 And be it further enacted, That a marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regula- tions and penalties, and be entitled to the same fees, as are prescribed and allowed to marshals in other districts; and shall, moreover, be entitled to the sum of $200 annually as a compensation for all extra services.
SEC. 6. And be it further enacted, That, in lieu of the propositions sub- mitted to the Congress of the United States by an ordinance passed on the first day of November, eighteen hundred and forty-four, by the convention of dele- gates at Iowa City, assembled for the purpose of making a constitution for the State of Iowa, which are hereby rejected, the following propositions be, and the same are hereby, offered to the legislature of the State of Iowa, for their acceptance or rejection ; which, if accepted, under the authority conferred on the said legislature, by the convention which framed the constitution of the said state, shall be obligatory upon the United States.
1. That section numbered sixteen in every township of the public lands, and where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of schools.
2. That the seventy-two sections of land set apart and reserved for the use and support of a university, by an act of congress approved on the twentieth jay of July, eighteen hundred and forty, entitled "An act granting two town- phips of land for the use of a university in the territory of Iowa, " are hereby granted and conveyed to the state, to be appropriated solely to the use and sup- port of such university, in such manner as the legislature may prescribe.
3. That five entire sections of land, to be selected and located under the direction of the legislature, in legal divisions of not less than one quarter sec- tion, from any of the unappropriated lands belonging to the United States within the said state, are hereby granted to the state for the purpose of completing the public buildings of the said state, or for the erection of public buildings at the seat of government of the said state, as the legislature may determine and direct.
4. That all salt springs within the state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to the said state for its use; the same to be selected by the legislature thereof within one year after the admission of said state, and the same, when so selected to be used on such terms, conditions and regulations as the legislature of the state shall direct ; provided, that no salt spring, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said state, and provided, also, that the General Assembly shall never lease or sell the same, at any one time, for a longer period than ten years, without the consent of Congress.
5. That five per cent. of the net proceeds of sales of all public lands lying within the said state, which have been or shall be sold by Congress, from and after the admission of said state, after deducting all the expenses incident to the same,
46
Admission of Iowa.
shall be appropriated for making public roads and canals within the said state, as the legislature may direct; provided,. that the five foregoing propositions herein offered are on the condition that the legislature of the said state, by virtue of the powers conferred upon it by the convention which framed the con- stitution of the said state, shall provide by an ordinance, irrevocable without the consent of the United States, that the said state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers thereof ; and that no tax shall be imposed upon lands the property of the United States; and that in no case shall non-resident pro- prietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the state. whether for state, county, township, or any other purpose, for the term of three years from and after the date of the patents, respectively.
BOUNDARIES OF IOWA.
AN ACT TO DEFINE THE BOUNDARIES OF THE STATE OF IOWA, AND TO REPEAL SO MUCH OF THE ACT OF THE THIRD OF MARCH, ONE THOUSAND EIGHT HUNDRED AND FORTY-FIVE AS RELATES TO THE BOUNDARIES OF IOWA.
[Approved August 4, 1846. ]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following shall be, and they are hereby, declared to be the boundaries of the Stateof Iowa in lieu of those prescribed by the second section of the act of the third of March, eighteen hun -. dred and forty-five, entitled an "Act for the Admission of the States of Iowa and Florida into the Union, " viz: Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth 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 twelfth, eighteen hundred and twenty, crosses the said middle of the main channel of the said Des Moines river; thence, west- wardly, 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 Nicollet'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 lati- tude; thence east along said parallel of forty-three degrees and thirty minutes, until said parallel 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.
SEC. 2. And be it further enacted, That the question which has heretofore bern the subject-matter of controversy and dispute between the state of Mis-
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Admission of Iowa.
souri and the territory of Iowa, respecting the precise location of the northern boundary line of the state of Missouri, shall be, and the same is hereby, referred to the supreme court of the United States for adjudication and settle- ment, in accordance with the act of the legislature of Missouri, approved March twenty five, eighteen hundred and forty-five, and the memorial of the council and House of Representatives of the territory of Iowa, approved January seventeenth, eighteen hundred and forty. six, by which both parties have agreed to "the commencement and speedy determination of such suit as may be necessary to procure a final decision by the supreme court of the United States upon the true location of the northern boundary of that state;" and the said supreme court is hereby invested with all the power and authority neces- sary to the performance of the duty imposed by this section.
SEC. 3. And be it further enacted. That, until the next census and appor- tionment shall be made, the state of Iowa shall be entitled to two represent- atives in the House of Representatives of the United States.
SEC. 4. And be it further enacted, That so much of the act of the third of March, eighteen hundred and forty-five, entitled "An act for the admission of the states of Iowa and Florida into the union, " relating to the said state of Iowa, as is inconsistent with the provisions of this act, be, and the same is hereby, repealed.
ADMISSION OF IOWA.
AN ACT FOR THE ADMISSION OF THE STATE OF IOWA INTO THE UNION.
[Approved December 28, 1846. ]
WHEREAS, The people of the territory of Iowa did, on the eighteenth day of May, Anno Domini eighteen hundred and forty-six, by a convention of dele- gates called and assembled for that purpose, form for themselves a con- stitution and state government-which constitution is republican in its character and features-and said convention has asked admission of the said territory into the Union as a state, on an equal footing with the original states, in obedience to "An act for the admission of the states of Iowa and Florida into the Union. " approved March third, eighteen hundred and forty- five, and "An act to define the boundaries of the State of Iowa, and to repeal so much of the act of the third of March, one thousand eight hundred and forty-five as relates to the boundaries of Iowa, " which said last act was approved August fourth, Anno Domini eighteen hundred and forty-six: Therefore-
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Iowa shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states in all respects what- soever.
SEC. 2. And be it further enacted, That all the provisions of "An act supplemental to the act for the admission of the states of Iowa and Florida into the Union, " approved March third, eighteen hundred and forty-five, be, and the same are hereby declared to continue and remain in full force as applicable to the State of Iowa, as hereby admitted and received into the Union.
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48
Admission of Iowa.
ACCEPTING PROPOSITIONS OF CONGRESS.
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AN ACT AND ORDINANCE ACCEPTING THE PROPOSITION MADE BY CONGRESS ON THE ADMISSION OF IOWA INTO THE UNION AS A STATE.
[Approved January 15, 1849. ]
SECTION 1. Be it enacted and ordained by the General Assembly of the State of Iowa, That the propositions to the state of Iowa on her admission into the union, made by the act of Congress, entitled "An act supplemental to the act for the admission of the states of Iowa and Florida into the Union, "approved March third, eighteen hundred and forty-five, and which are contained in the sixth section of that act, are hereby accepted in lieu of the propositions submitted to Congress by an ordinance, passed on the first day of November, eighteen hun- dred and forty-four, by the convention of delegates which assembled at Iowa City on the first Monday of October, eighteen hundred and forty-four, for the. purpose of forming a constitution for said state, and which were rejected by Congress ; provided, the general assembly shall have the right, in accordance . with the provisions of the second section of the tenth article of the constitution of Iowa, to appropriate the five per cent. of the net proceeds of sales of all public lands lying within the state which have been or shall be sold by Congress from and after the admission of said state, after deducting all expenses, incident to . the same, to the support of common schools.
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