USA > Iowa > The Iowa official register, 1905 > Part 8
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Oath of members. SEC. 32. Members of the general assembly shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States, and the constitution of the state of Iowa, and that I will faithfully discharge the duties of senator (or representative, as the case may be), according to the best of my ability." And members of the general assembly are hereby empowered to administer to each other the said oath or affirmation.
Census. SEC. 33. The general assembly shall, in the years one thousand eight hundred and fifty-nine, one thousand eight hundred and sixty-three, one thousand eight hundred and sixty-five, one thousand eight hundred and sixty- seven, one thousand eight hundred and sixty-nine, and one thousand eight hundred and seventy-five and every ten years thereafter, cause an enumeration to be made of all the inhabitants of the state.
[By proper legislative action (11 G. A. Chap. 98 and 12 G. A., Joint Res. No. XI, ) 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. ]
Apportionment. SEC. 34. The senate shall be composed of fifty mem- bers to be elected from the several senatorial districts, established by law and at the next session of the general assembly held following the taking of the state and national census, they shall be apportioned among theseveral counties or districts of the state, according to population as shown by the last preceding census.
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Constitution of Iowa.
Districts. SEC. 35. The house of representatives shall consist of not more than one hundred and eight members. The r tio of representation shall be determined by dividing the whole number of the population of the state as shown by the last preceding state or national census by the whole number of counties then existing or organized, but each county shall constitute one representative district and be entitled to one representative, but each county having a population in excess of the ratio number, as herein provided of three- fifths or more of such ratio number shall be entitled to one additional represen- tative, but said addition shall extend only to the nine counties having the greatest population.
Ratio ofrepresentation. SEC. 36. The general assembly shall, at the first regular session held following the adoption of this amendment, and at each succeeding regular session held next after the taking of such census, fix the ratio of representation, and apportion the additional representatives as herein before required.
+[By proper legislative action [29 G. A., Joint Res. No. 2 and 30 G. A., Joint Res. No. 2 ] a proposed amendment repealing Sections 34, 35 and 36 of Article III and adopting the three preceding sections in lieu thereof, was submitted to the electors at the general election in 1904 and adopted. The three sections repealed were as follows:
*"Apportionment. SEC. 34. The number of senators shall, at the next session following each period of making such enumeration, and the next session following each United States census, be fixed by law, and apportioned among the several counties according to the number of inhabitants in each.
*"Districts. SEC. 35. The Senate shall not consist of more than fifty mem- bers, nor the House of Representatives of more than one hundred; and they shall be apportioned among the several counties and representative districts of the state according to the number of inhabitants in each, upon ratios to be fixed by law; but no representative district shall contain more than four organized counties, and each district shall be entitled to at least one representative. Every county and district which shall have a number of inhabitants equal to one-half of the ratio fixed by law, shall be entitled to one representative; and any one county containing in addition to the ratio fixed by law one-half of that number, or more, shall be entitled to one additional representative. No floating district shall hereafter be formed
"Ratio ofrepresentation. SEC. 36 At its first session under this consti . tution, and at every subsequent regular session, the general assembly shall fix the ratio of representation, and also form into representative districts those counties which will not be entiled singly to a representative."]
+The vote on this amendment was 171, 382 for and 165, 076 against its adoption. Practically the same amendment was, by proper legislative action [26 G. A. Joint Res. No. 9. and 27 G. A. Joint Res. No. 1. ], submitted to the electors at the general election in 1898 and was rejected, the vote belng 33,872 for and 76, 931 against its adoption.
*By proper legislative action [11 G. A., Ch. 98 and 12 G. A., Joint Res. No. XI. ], 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."
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Constitution of Iowa.
Districts. SEo. 37. When a congressional, senatorial, or representative district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a congressional, senatorial, or representative district.
Elections by general assembly. SEc. 33. In all elections by the gen- eral assembly, the members thereof shall vote viva voce; and the vote shall be entered on the journal.
ARTICLE IV. - EXECUTIVE DEPARTMENT.
Governor. SECTION 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Iowa.
Election and term. SEC. 2. The governor shall be elected by the qualified electors at the time and place of voting for members of the general assembly, and shall hold his office two years from the time of his installation, and until his successor is elected and qualified.
Lieutenant-governor; returns of elections. SEC. 3. There shall be a lieutenantgovernor, who shall hold his office two years, and be elected at the same time as the governor. In voting for governor and lieutenant- governor, the electors shall designate for whom they vote as governor, and for whom as lieutenant-governor. The returns of every election for governor and lieutenant-governor shall be s-aled up and transmitted to the seat of gov. . ernment of the state, directed to the speaker of the House of Representatives, who shall open and publish them in the presence of both houses of the general assembly.
Election by general assembly. SEC. 4. The persons respectively having the highest number of votes, for governor and lieutenant-governor, shall be declared duly elected ; but in case two or more persons shall have an equal, and the highest number of votes for either office, the general assembly shall, by joint vote, forthwith proceed to elect one of said persons governor, or lieuten- ant-governor, as the case may be.
Contested elections. SEC 5. Contested elections for governor, or lieu- tenant-governor, shall be determined by the general assembly in such manner as may be prescribed by law.
Eligibility. SEC. 6. No person shall be eligible to the office of governor, or lieutenant-governor, who shall not have been a citizen of the United States, and; resident[of the state two years next preceding the election, and attained the age of thirty years at the time of said el ction.
Commander-in-chief. SEC. 7. The governor : hall be commander-in-chief of the militia, the army, and navy of this state.
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Constitution of Iowa.
Duties. SEO. 8. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices.
Execution of laws. SEO. 9. He shall take care that the laws are faith- fully executed.
Vacancies. SEO. 10. When any office shall, from any cause, become vacant, and no mode is provided by the constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the general assembly, or at the next election by the people.
Convening assembly. SEC. 11. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened.
Message. SEC. 12. He shall communicate, by message, to the general assembly, at every regular session, the condition of the state, and recommend such matters as he shall deem expedient.
Adjournment. SEO. 13. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he may think proper ; but no such adjournment shall be beyond the time fixed for the regular meeting of the next general assembly.
Disqualification. SEO. 14. No person shall, while holding any office under the authority of the United States, or this state, execute the office of governor, or lieutenant-governor, except as hereinafter expressly provided.
Term; compensation of Lieutenant-governor. SEO. 15. The official term of governor and lieutenant-governor, shall commence on the second Mon- day of January next after their election, and continue for two years, and until their successors are elected and qualified. The lieutenant-governor, while acting as governor, shall receive the same pay as provided for governor; and while presiding in the senate, shall receive as compensation therefor, the same mileage and double the per diem pay provided for a senator, and none other.
Pardons. SEO. 16. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the general assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and the rea- sons therefor ; and also all persons in whose favor remission of fines and forfeit- ures shall have been made, and the several amounts remitted.
Lieutenant-governor to act as governor. SEO. 17. In case of the death, impeachment, resignation, removal from office, or other disability of the governor, the powers and duties of the office for the residue of the term, or
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until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant-governor.
President of senate. SEC. 18. The lieutenant-governor shall be president of the senate, but shall only vote when the senate is equally divided ; and in case of his absence, or impeachment, or when he shall exercise the office of governor, the senate shall choose a president pro tempore.
Vacancies. SEC. 19. If the lieutenant-governor, while acting as governor, shall be impeached, displaced, resign, or die, or otherwise become incapable of performing the duties of the office, the president pro tempore of the senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of governor, the same shall devolve upon the speaker of the house of representatives.
Seal of state. SEC. 20. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the State of Iowa.
Grants and commissions. SEC. 21. All grants and commissions shall be in the name and by the authority of the people of the state of Iowa, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state.
Secretary, auditor and treasurer. SEC. 22. A secretary of state, auditor of state, and treasurer of state, shall be elected by the qualified electors, who shall continue in office two years, and until their successors are elected and qualified ; and perform such duties as may be required by law.
ARTICLE V-JUDICIAL DEPARTMENT.
Courts. SECTION 1. The judicial power shall be vested in a supreme court. district court, and such other courts, inferior to the supreme court, as the gen- eral assembly may, from time to time, establish.
Supreme court. SEC. 2. The supreme court shall consist of three judges, two of whom shall constitute a quorum to hold court.
[As to the number of judges, see statutory provision. ]
Judges elected. SEC. 3. The judges of the supreme court shall be elected by the qualified electors of the state, and shall hold their court at such time and place as the general assembly may prescribe. The judges of the supreme court so elected, shall be classified so that one judge shall go out of office every two years; and the judge holding the shortest term of office under such classification, shall be chief justice of the court during his term, and so on in rotation. After the expiration of their terms of office, under such classifica- tion, the term of each judge of the supreme court shall be six years, and until his sucessor shall have been elected and qualified. The judges of the supreme court shall be ineligible to any other office in the state, during the term for which they shall have been elected.
'Jurisdiction. SEC. 4. The supreme courts shall have appellate jurisdiction only in cases in chancery, and shall constitute a court for the correction of errors at law, under such restrictions as the general assembly may by law pre- scribe; and shall have power to issue all writs and process necessary to secure
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Justice vo parties, and exercise a supervisory control over all inferior judicial tribunals throughout the state.
District court and judge. SEO. 5. The district court shall consist of a single judge, who shall be elected by the qualified electors of the district in which he resides. The judge of the district court shall hold his office for the term of four years, and until his successor shall have been elected and qualified; and shall be ineligible to any other office, except that of judge of the supreme court, during the term for which he was elected.
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. SEC. 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. SEC. 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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Constitution of Iowa.
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 (11 G. A., chapter 98 and 12 G. A., Joint Res. No. XI), 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 individval, 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, inismanagement, 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. SEO. 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.
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