USA > Iowa > The Iowa official register, 1905 > Part 9
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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 banklng 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 requiresecurity 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. SEO. 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.
Cottage-State Hospital for Inebriates, Knoxville.
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Constitution of Iowa.
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. SEO. 9. The governor of the state shall be, ex-officio, a member of said board.
Expenses. SEO. 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.
5-IOR
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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. SEO. 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. SEO. 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. SEO. 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. SEO. 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. SEO. 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. SEC. 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. -
How vacancies filled. SEC. 6. In all cases of elections to fill vacancies in office occurring before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term; and all persons appointed to fill vacancies in office, shall hold until the next general election, and until their sucessors are elected and qualified.
Land grants located. SEC. 7. The general assembly shall not locate any of the public lands which have been, or may be granted by congress to this state, and the location of which may be given to the general assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted, shall not exceed three hundred and twenty acres.
Seat of government; state university. SEC. 8. The seat of government is hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk; and the state university at Iowa City, in the county of Johnson.
ARTICLE XII .- SCHEDULE.
Supreme law. SECTION 1. This constitution shall be the supreme law of the state, and any law inconsistent therewith, shall be void. The general assem- bly shall pass all laws necessary to carry this constitution into effect.
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Constitution of Iowa.
Laws in force. SEO. 2. All laws now in force, and not inconsistent with this constitution, shall remain in force until they shall expire or be repealed.
Proceedings not affected. SEC. 3. All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, and injunctions, shall be carried on in the several courts, in the same manner as now provided by law, and all offenses, misdemeanors, and crimes that may have been committed before the taking effect of this constitu- tion, shall be subject to indictment, trial, and punishment, in the same manner as they would have been had not this constitution been made.
Fines inure to the state. SEC. 4. All fines, penalties, or forfeitures due, or to become due, or accruing to the state, or to any county therein, or to the school fund, shall inure to the state, county, or school fund, in the manner prescribed by law.
Bonds in force. SEC. 5. All bonds executed to the state, or to any officer in his official capacity, shall remain in force and inure to the use of those con- cerned.
First election for governor and lieutenant-governor. SEC. 6. The first election under this constitution shall be held on the second Tuesday in October, in the year one thousand eight hundred and fifty-seven, at which time the electors of the state shall elect the governor and lieutenant-governor. There shall also be elected at such election, the successors of such state senators as were elected at the August election, in the year one thousand eight hundred and fifty-four .and members of the house of representatives, who shall be elected in accordance with the act of apportionment, enacted at the session of the gen- eral assembly which commenced on the first Monday of December, one thou- sand eight hundred and fifty-six.
For secretary, auditor, etc. SEC. 7. The first election for secretary, auditor, and treasurer of state, attorney-general, district judges, members of the board of education, district attorneys, members of congress, and such state officers as shall be elected at the April election, in the year one thousand eight hundred and fifty-seven (except the superintendent of public instruction), and such county officers as were elected at the August election, in the year one thousand eight hundred and fifty-six, except prosecuting attorneys, shall be held on the second Tuesday of October, one thousand eight hundred and fifty- eight; provided, that the time for which any district judge or other state or county officer elected at the April election in the year one thousand eight hun- dred and fifty-eight shall not extend beyond the time fixed for filling like offices at the October election, in the year one thousand eight hundred and fifty-eight.
For judges of supreme court. SEC. 8. The first election for judges of the supreme court, and such county officers as shall be elected at the August election, in the year one thousand eight hundred and fifty-seven, shall be held on the second Tuesday of October, in the year one thousand eight hundred and fifty-nine.
First session general assembly. SEC. 9. The first regular session of the general assembly shall be held in the year one thousand eight hundred and fifty-eight, commencing on the second Monday of January of said year.
Senators. SEO. 10. Senators cleeted at the August election, in the year one thousand eight hundred and fifty-six, shall continue in office until the sec-
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ond Tuesday of October, in the year one thousand eight hundred and fifty-nine, at which time their successors shall be elected as may be prescribed by law.
Offices not vacated. SEC. 11. Every person elected by popular vote, by a vote of the general assembly, or who may hold office by executive appoint- ment, which office is contin ned by this constitution, and every person who shall be so elected or appointed to any such office, before the taking effect of this constitution (except as in this constitution otherwise provided), shall continue in office until the term for which such person has been or may be elected or appointed shall expire; but no such person shall continue in office after the taking effect of this constitution, for a longer period than the term of such office, in this constitution prescribed.
Judicial districts. SEO. 12. The general assembly, at the first session under this constitution, shall district the state into eleven judicial districts, for district court purposes; and shall also provide for the apportionment of the members of the general assembly in accordance with the provisions of this con- stitution.
Submission of constitution. SEC. 13. This constitution shall be sub- mitted to the electors of the state at the August election, in the year one thou- sand eight hundred and fifty-seven, in the several election districts in this state. The ballots at such election shall be written or printed as follows: those in favor of the constitution, "new constitution-yes." Those against the constitution, "new constitution-no." The elections shall be conducted in the same manner as the general elections of the state, and the poll-books shall be returned and canvassed as provided in the twenty-fifth chapter of the code, and abstracts shall be forwarded to the secretary of state, which abstracts shall be canvassed in the manner provided for the canvass of state officers. And if it shall appear that a majority of all the votes cast at such election for and against this consti- tution are in favor of the same, the governor shall immediately issue his procla- mation stating that fact, and such constitution shall be the constitution of the state of Iowa, and shall take effect from and after the publication of said proc. lamation.
Proposition to strike out the word "white." SEC. 14. At the same election that this constitution is submitted to the people for its adoption or rejection, a proposition to amend the same by striking out the word ""white," from the article on the "right of suffrage, " shall be separately submitted to the electors of this state for adoption or rejection, in the manner following, viz. : a separate ballot may be given by every person having a right to vote at said election, to be deposited in a separate box." And those given for the adoption of such proposition shall have the words, "shall the word 'white' be stricken out of the article on the 'right of suffrage?' yes." And those given against the pro- position shall have the words, "shall the word 'white' be stricken out of the article on the 'right of suffrage?' no." And if at said election the number of ballots cast in favor of said proposition, shall be equal to a majority of those cast for and against this constitution, then said word "white" shall be stricken from said article and be no part thereof.
Mills County. SEC. 15. Until otherwise directed by law, the county of Mills shall be in and a part of the sixth judicial district of this state.
Done in convention at Iowa City, this fifth day of March, in the year of our Lord one thousand eight hundred and fifty-seven, and of the independence of the United States of America, the eighty-first.
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Constitution of Iowa.
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Biennial elections. SEC. 16. The first general election after the adoption of this amendment shall be held on the Tuesday next after the first Monday in November in the year one thousand nine hundred and six, and general elections shall be held biennially thereafter. In the year one thousand nine hundred and six there shall be elected a governor, lieutenant-governor, secretary of state, auditor of state, treasurer of state, attorney general, two judges of the su- preme court, the successors of the judges of the district court whose terms of office expire on December 31st, one thousand nine hundred and six, state sen- ators who would otherwise be chosen in the year one thousand nine hundred and five, and members of the house of representatives. The terms of office of the judges of the supreme court which would otherwise expire on December 31st, in odd-numbered years, and all other elective state, county and township officers whose terms of office would otherwise expire in January in the year one thousand nine hundred and six, and members of the general assembly whose successors would otherwise be chosen at the general election in the year one thousand nine hundred and five, are hereby extended one year and until their successors are elected and qualified. The terms of offices of senators whose successors would otherwise be chosen in the year one thousand nine hundred and seven are hereby extended one year and until their successors are elected and qualified. The general assembly shall make such changes in the law gov- erning the time of election and term of office of all other elective officers as shall be necessary to make the time of their election and terms of office con- form to this amendment, and shall provide which of the judges of the supreme court shall serve as chief justice. The general assembly shall meet in regular session on the second Monday in January, in the year one thousand nine hundred and six, and also on the second Monday in January in the year one thousand nine hundred and seven, and biennially thereafter.
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