USA > Iowa > Warren County > The history of Warren County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics &c > Part 30
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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.
SEC. 5. Except the debts hereinbefore specified in this article, no debt shall hereafter be 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 dis- tinctly 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; bnt no such law shall take effect until at a general election it shall have been submitted 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 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 peo- ple.
SEC. 6. The Legislature may, at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may, at any time, forbid the contracting of
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any further debt, or liability under such law; but the tax imposed 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 an- nually collected, until the principal and interest are fully paid.
SEC. 7. Every law which imposes, continues, or revives a tax, shall dis- tinctly 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 8 .- CORPORATIONS.
SECTION 1. No corporation shall be created by special laws; but the General Assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided.
SEC. 2. The property of all corporations for pecuniary profit, shall be subject to taxation, the same as that of individuals.
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.
SEC. 4. No political or municipal corporation shall become a stock- holder in any banking corporation, directly or indirectly.
SEC. 5. No act of the General Assembly, authorizing or creating corpo- rations or associations withi banking powers, nor amendments thereto shall take effect, nor in any manner be in force, until the same shall have been submitted separately, to the people, at a general or special election, as pro- vided by law, to be hield 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.
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.
SEC. 7. If a State Bank be established, it shall be founded on an actual specie basis, and the branches shall be mutually responsible for each others' liabilities upon all notes, bills, and other issues intended for circulation as money.
SEC. 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of State, of all bills, or paper credit designed to circulate as money, and require security to the full amount thereof, to be deposited with the State Treasurer, in United States stocks, or in interest paying stocks of States in good credit and standing, to be rated at ten per cent below their average value in the city of New York, for the thirty days next preceding their deposit; and in case of a deprecia- tion of any portion of said stocks, to the amount of ten per cent on the dollar, the bank or banks owning said stocks shall be required to make up said deficiency by depositing additional stocks; and said law shall also pro- vide 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.
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 re- spective shares so held, for all its liabilities, accruing while he or she re- mains such stockholder.
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SEC. 10. In case of the insolvency of any banking institution, the bill- holders shall have a preference over its other creditors.
SEC. 11. The suspension of specie payments by banking institutions shall never be permitted or sanctioned.
SEC. 12. Subject to the provisions of this article, the General Assembly shall have power to amend or repeal all laws for the organization or creation of corporations, or granting of special or exclusive privileges or immunities, by a vote of two-thirds of each branch of the General Assembly; and no exclusive privileges, except as in this article provided, shall ever be granted.
ARTICLE 9 .- EDUCATION AND SCHOOL LANDS
1 .- 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.
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.
SEC. 3. One member of said board shall be chosen by the qualified elec- tors 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.
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 meeting.
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 oc- casions, when, upon the recommendation of two-thirds of the board, tlie Governor may order a special session.
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 im- posed 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.
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, published, and dis- tributed, they shall have the force and effect of law.
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
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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.
SEC. 9. The Governor of the State shall be, ex-officio, a member of said board.
Src. 10. The board shall have no power to levy taxes, or make appro- priations of money. Their contingent expenses shall be provided for by the General Assembly.
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.
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 or- ganize and keep up a school, may be deprived of their portion of the school fund.
SEo. 13. The members of the board of education shall each receive the same per diem during the time of their session, and mileage going to and returning therefrom, as members of the General Assembly.
SEO. 14. A majority of the board shall constitute a quorum for the transaction of business, but no rule, regulation or law, for the regulation and 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."
SEC. 15. At any time after the year one thousand eight hundred and sixty-three, the General Assembly shall have power to abolish or re-organize 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.
2 .- School Funds and School Lands.
SECTION 1. The educational and school funds and lands, shall be under the control and management of the General Assembly of this State.
SEO. 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 ap- propriated for the support and benefit of said university.
SEC. 3. The General Assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improve- ment. 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 hun- dred thousand acres of land granted to the new States, under an act of Congress, 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,
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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 As- sembly may provide, shall be inviolably appropriated to the support of common schools throughout the State.
SEC. 4. The money which may have been, or shall be, paid by persons as an equivalent for exemption from military 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 commen schools, or the establishment of libraries, as the board of education shall, from time to time, provide.
SEO. 5. The General Assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may here- after be reserved, or granted by the United States, or any person or persons, to this State, for the use of a university, and the funds accruing from the rents or sale of such lands, or from any other source for the purpose afore- said, 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 pro- vide effectual means for the improvement and permanent security of the funds of said university.
SEC. 6. The financial agents of the school funds shall be the same, that by law, receive and control the State and county revenue, for other civil pur- poses, under such regulations as may be provided by law.
SEC. 7. The money subject to the support and maintenance 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 manner as may be provided by the General Assembly.
ARTICLE 10 .- AMENDMENTS TO THE CONSTITUTION.
SECTION 1. Any amendment or amendments to this constitution may be proposed in either House of the General Assembly; 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 cho- sen at the next general election, and shall be published, as provded 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 Consti- tution of this State.
SEO. 2. If two or more amendments shall be submitted at the same
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time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately.
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 time 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 As- sembly ; 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 Conven- tion for such purpose, the General Assembly, at its next session, shall pro- vide by law for the election of delegates to such Convention.
ARTICLE 11 .- MISCELLANEOUS.
SECTION 1. The jurisdiction of justices of the peace shall extend in all cases (except cases in chancery, and cascs 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.
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 or- ganized county be reduced below that area, except the county of Worth, and the counties west of it, along the northern boundary of the State, may be or- ganized without additional territory.
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 prop- arty within such county or corporation-to be ascertained by the last State and county tax lists, previons to the incurring of such indebtedness.
SEC. 4. The boundaries of the State may be enlarged, with the consent of Congress and the General Assembly.
SEC. 5. Every person elected or appointed to any office shall, before en- tering 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.
SEC. 6. In all cases of elections to fill vacancies in office occurring be- fore 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 successors are elected and qualified.
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 lo- cation 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.
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.
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ARTICLE 12 .- SOHEDULE.
SECTION 1. This Constitution shall be the supreme law of the State, and any law inconsistent therewith shall be void. The General Assembly shall pass all laws necessary to carry this Constitution into effect.
SEC. 2. All laws now in force, and not inconsistent with this Constitu- tion, shall remain in force until they shall expire or be repealed.
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 errors, 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 Constitution, shall be subject to indictment, trial and punishment, in the same manner as they would have been had not this constitution been made.
SEC. 4. All fines, penalties, or forfeitures due, or to become due, or ac- cruing to the State, or to any county therein, or to the school fund, shall inure so the State, county, or school fund, in the manner prescribed by law.
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 concerned.
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 General Assembly which commenced on the first Monday of December, one thouasnd eight hundred and fifty-six.
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 thon- sand eight hundred and fifty-six, except Prosecuting Attorney, 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 any other State or county officer, elected at the April election in one thousand eight hundred 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.
SEC. S. 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.
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.
SEC. 10. Senators elected at the Angust election, in the year one thou-
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sand eight hundred and fifty-six, shall continue in office until the second 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.
SEC. 11. Every person elected by popular vote, by a vote of the General Assembly, or who may hold office by Executive appointment, which office is continued 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 ap- pointed 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.
SEO. 12. The General Assembly, at the first session under this constitu- tion, shall district the State into eleven judicial districts, for District Court purposes; and shall also provide for the apportionment of the General As- sembly, in accordance with the provisions of this constitution.
SEC. 13. The foregoing constitution shall be submitted to the electors of the State at the August election, in the year one thousand 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 constitu- tion-"New Constitution-Yes." Those against the constitution, "New Con- stitution-No." The election shall be conducted in the same manner as the general elections of the State, and the poll-books shall be returned and can- vassed as provided in the twenty-fifth chapter of the Code; and abstracts shall be forwarded to the Secretary of State, which abstracts shall be can- vassed 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 constitution are in favor of the same, the Governor shall imme- diately issue his proclamation 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 proclamation.
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 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 proposition shall have the words, "Shall the word 'white ' be stricken ont of the article on the 'Right of Suffrage?' -- No." And if at said election the number of ballots cast in favor of said proposi- tion, shall be equal to a majority of those cast for and against this constitu- tion, then said word "white" shall be stricken from said article and be no part thereof.
SEO. 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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