The Council Bluffs nonpareil. [volume], June 13, 1857, Image 1

About The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867

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VOLUME
"a.
fesH
I.—NUMBER 7
COWITtTlO* OF THE
STATE OS1 IOWA,
To be lubmitted to the people of Ioua on
the first Monday t» Augiut, loo'
ARTICLE I.—BILL OF RIGHTS.
SECTION 1. All men are, by nature, free
and equal, and have certain unalienable
rights—among which are those of enjoying
and defending life and liberty, acquiring,
possessing, ana protecting property, and
SEC. 3. The General Assembly shall make
no law respecting an establishmont of reli
gion, or prohibiting the free exercise there
of nor shall any person be compelled to
attend any place of worship, pay tithes,
taxes, or other rates, for building or repair
ing places of worship, or the maintenance of
any minister or ministry.
SEC. 4. No religous test shall be required
as a qualification for anv office or public
trust, no person
shall
be deprived of any of
his rights, privileges, capacities, or dis
qualified from the performance of any of
his public or private duties, or ren
dered incompetent to give evidence in any
court of law or equity, in consequence of
his opinions on the subject of religion and
any party to any judicial proceeding shall
have the right to use a witness or take the
testimony of, any other person not disquali
fied on account of interest, who may he cog
nizant of any fact material to the c:i~e and
parties to suits may be witnesses, as provi
ded by law.
SEC. 5. Any citizen of this State who
may hereafter De engaged, either directly or
indirectly in a duel, either as principal or
accessory before the fact, shall forever be
disqualified from holding any office under
the Constitution and laws of this State.
SEC. 6. All laws of a general nature shall
have a uniform operation the General
Assembly shall not grant to any citizen
class of Vitii -us privileges or immun. es
which upon the same terms
shall not equaiiy
belong to all citizens.
SEC. 7. Every person may speak, write
and publish his sentiments on all subjects,
being responsible fur the abuse of that right.
No law shall be passed to restrain or abridge
the liberty of spcech, or of the press. In
all prosecutions or indictment for libel, the
/truth may be given in evidence to the jury,
and if it appear to the jury that the matter
charged as libellous was true, and was pub
lished with good motives and justifiable
eni!s, the party shall be acquitted.
SEC. 8. The right of the people to be
•eecure in their persons, houses, papers and
SEC. 10. ID all criminal prosecutions, and
eases lnvelving the life or liberty of an own adjournment,
Ivtdividnal, the accused shall have a right to
,-A speeJy and public trial hv ail impartial
"jirry to be informed of the accusation against
him, and to have a copy of the same when
desB«ndcd to be confronted with the wit
neeaus against him to have compulsory
proc«ss.for his ewi witnesses and to have
the assistance of counsel.
SEC. 11. All offeases less than felony and
in which the punishment does not exceed a
fine of one hundred dellars, or imprisonment
for thirty days, shall be tried summarily be
fore a Justice of the Peace, or other officer
authemed by law, sn information under
oath, without indictment, or the intervention
SEC. IS. No person shall, after acquittal,
be tried for the same offense. All persons
shall Hofereconviction, be bailable by suffi
cient sureties, exeepi.far capital offenses
•where the proof is evident or the presump
tion great.
SEC. 13. "The writ of habeas carpns shall
not be saspended, or refused when applica
tion is made as required bylaw unless in case
of rebellion «r invasion, the puulic safety
may require it.
SKC. 14. The military shall he subordin
ate to the eivil power. No standing army
shall be kept up by the State in time of
peace and in time if war, no appropriation
for standing army shall- be for a longer
time than two years.
SEC. 15. XA soldier shall, in time of
peace, he quartered in anv house without
SEC. 17. Excessive bail shall not be re
quired excessive fines shall not be imposed
and cruel and unusual punishments shall not
be inflicted.
SEC. 18. Private property shall not b«
taken for public use without just compensa
tion first being made, or secured, to be paid
to the owner thereof, as soon as the dama-
ges shall be assessed by a jury, who shall ^lU ,ubmitted 'to'
that may result to said owner on account of
SEC. 20. The people have the right freely
to assemble together to counsel for the com- bers elected to each"bi"incth
facto law, or law impairing the obligation of
•ontracts, shall ever be pawed.
Sic. 22, Foreigner* who W
hereafter beoome residents of the State,
shall enjoy the wu&e righto in respect to the
possession, enjoyment, and descent of prop­
erty,
as native bum citizens.
SEC. 23. There shall be no slavery in
this State nor shall there be involuntary
W», THE PEOPLE or THE STAT* or IOWA, serviture, unless for the punishment of
grateful to the Supreme Being for the
blessings hitherto enjoyed, and feeing our
dependence on Him for a continuation of
those blessing, do ordain and establish
Jl free and independent government, by
the name of the STATU or IOWA, the
boundaries wheyeof shall be as follows:
Beginning in the middle of the main chan
nel of the Mississippi river, at a point due
«ast of the middle of the mouth of the mam
channel of the Des Moines river thence up
the middle of the main channel of the said
Dee Maine* river, to a point on gaid river
•where the northern boundary 'me of the
State of Missouri—as established by the
Constitution of that State, adopted June
l°th 1820—crosses the said middle of the
sain channel of the said Des Moines river
theaee westwardly along the said northern
fcoandarv liae of the State of Missouri, as
established at the time aforesaid, until an
extension of said line intersect the middle
of the main channel of the Missouri river
thenec up the middle of the main channel of
the said Missouri river to a point opposite
the middle at the main channel of the Big
Sioux river, according to Nicollett'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 latitude
thenec cast along said parallel of forty-three
degrees und thirty minutes until said par
allel intersects the middle of the main chan
nel of Mississippi river thence down the
middle of the main channel of said Missis
sippi river to the place of beginning.
crime.
SEC. 24. No lease or grant of agricultu
ral lands, reserving any rent, or service of
anv kind, shall be valid for A longer period
than twenty years.
SEC. 3. No elector shall |E obliged to
perform militia duty on the day of election,
except in time of war or public danger.
SKC. 4. No person in the miita y, naval,
or ma fine service of the United Suites shall
be considered a resident of this State by
being stationed in any garrison, fcarruok, or
military or naval place or station within this
Suite.
SEC. 5. No idiot or insanse person, or
person convicted of any infamens crime,
shall be entitled to the privilege of an elec
ior.
SKC. 6. All elections by the people shall
be by ballot.
ARTICLE HI—OF THE DISTRIBUTION OF POWERS.
SECTION 1. The powers of the govern
ment of Iowa shall be divided in three sep
aratc departments: The Legislative, the
Executive, and the Judicial and no person
charged with the exercise of powers prop-
pursuing and obtaining safety and happi- e.ly belonging to one of these department*,
ness. •u f.."«.«« ......r.
SEC. 2. All political power is inherent in
the people, Goverment is instituted for
the protection, security and benefit of the
people, and they have tne right, at all times,
to alter or reform the same, whenever the
public good may require it.
shall cxeroi.se any function appertaining to
either of the others, except in cases herein
after expressly directed or permitted.
LEGISLATIVE DEPARTMENT.
SECTION. 1. The Legislative authority of
ilirs State shall be vested in tieneral
Assembly, which shall consist of a Sen
ate and* House of Representatives and
the style of every law shall be: "Beit
enacted by the General Assembly of the
St ae of Iowa."
SKC. 2. The sessions of the General As
sembly shall be biennial, and shall com
mence" on the second Monday in January
next en-uing the election of its members
unless the Governor of the State shall, in
the meantime, convene the General Assem
bly by proclamation.
SEC. 3. The members of the House of
Representatives shall be chosen every second
year, by the qualified electors of their re
spective districts, on the second Tuesday in
October, except the years of the Presidential
election, when the election shall be on the
Tuesday next after the first Monday in No
vember and their term of office shall com
incnco on the first day of January next after
the election, and continue two years, and
until their successors arc elected und quali
fied.
SEC. 4. No person shall be a member of
the lluus of Representatives who shall nd
have attained the age of twenty-one years,
be a free white male citizen of the United
States, n I -hall have been in inhabitant of
this St.ue one year next prec •din Ins elec
tion, and at the time of his election shall have
had an actual residence of sixty davs in the
county or district he may have Ww uix»»en
to represent.
or
SEC. 5. Senators shall be chosen for the
term of four years, at the same tim- and
place as Representatives they shall be
twenty-five years of age. and possess the
qualification of Representatives as to resi
dence and citizenship,
SEC. 6. The number of Senators shall
not be less than one-third, nor more than
one-half the Representative body and shall
be so classified bv lot, that one class being
as nearly one-half as possible, shall be
elected every two years. When the number
of Senators is increased, they shall be an
nexed by lot to ono or the other of the two
classes,'so as tokcp them as nearly equal
in numbers as practicable.
i
•effect#, against unreasonable seizure* and
SEC. 7. Each House shall choose its own
•searches shall not be violated and no war- officers, and judge of the qualification, elec
raot shall issue but on probable caus •, sup- tion, and return of its own members. A
ported by oath or affirmation particularly
•descrifciag the place to be searched, and tho
persori and things to be seized."
Sic. 9. Tho right of trial by jury shall
remain inviolate but the General Assembly
may authorize trial by a jury of a less num
ber than twelve men in inferior courts but
.-no person shall be deprived of life, liberty
i ar property, without due process of law.
cont -sted election shall be determined
in such a manner as shall be directed by
law.
SEC. 8. A majority of each Ilou.se shall
constitute a quorum to do business but a
smaller numb -r may adjourn from day to
dav, and may compel the attendance of ab
sent members in such manner nod under
such penalties as each Hause may provide.
SEC. 9. Each House shall sit upon its
•V' i '1 "few1 jfeM,* ifl4
1
and
SEC. 25 This enumeration of rights shall
not be construed to impair for deny others,
retained by the people.
ARTICLE II—BIGHT OF JCIREAOE.
SECTION" 1. Everv white male citizen of
the United States of the agfc of tweniy-one
vears, who shall have been a resident of the
State six months next pi ecediug the election,
and the county in which claims his vote
to vote at all
re&fter may be
sixty davs, shall be entitled to vote at all
elections which are now or Ifc
authorized by law.
SEC. 2. Electors shall in all cases except
treason, felony, or breach of the peace, be
privileged om arrest on the days of elec
tion, during their attendanceX such election
going to and returning therefkrm.
i
keep
a journal of its pro-
dings, and publish the same deter
its rules of proceedings, punish members for
disorderly oehavior, and, with the consent
of two-thirds expel a member, but not a
second time for the same offense anil shall i
have all oth''r powers necessary for a branch
of the General Assembly of a tree aid inde
penden State.
See. 10. Every member of the General
Assembly shall have the liberty to dissent i
from or protest against anv act of resolu
tion which he may think injurious to the
public or an individual, and have thereasons
«f a grand jurv, saving to the defendant the house, on any question, shall at
right #f appeal and ne pers n shall be held of any two members present, be
to answer f»r any higher criminal offense, the journals.
anless OR presentment or indictment by a Sec. 11. Senators and Representatives, in
grand jury, except i« eases arising in the all eases, except treason, felony, or breach
of the peace, shall be privileged fro* arrest
during the session of tne General Assembly,
army, er nary, or in the militia, when in
actual service, in time sf war or public dan
*er.
Sec. 12. When vacancies occur in either
House, the Governor, or the person fxerci
sing the functions of Governor, shall issue
writs of election to fill such vacancies.
Sec. 13. The doors of each House shall'
be open, except on such occasion as, in the
opinion of the House, may require secrecy,
Sec. 14. Neither Houje shall, withoat I
the consent of the other, adjourn for more
than three days, nor to any other place than
that in which they may be sitting.
Sec. 15. Bills may orginate in either
House, and may be amended, altered. Or i
rejected by the other anil every bill having
passed both Houses, shall be signed by the i
Speaker and President of their respective
Houses.
Sec. 16. Every bill which shall have pas-
the consent of the owner, nor in time of War ted the General Assembly, shall, before it
except in the manner prescribed by law.
SEC. 16. Treason against the State shall
consist Only in levying war against it, adhe
ring to its enemies, or giving them aid and
comfort. No person shall be convieted of
treason unless on the evidence of two wit
nesses to tho same overt act, or confession
in open Court.
becomes a law, bo presented to the Govern-1
or. If ho approve, he shall sign it if not,'
he shall return it with his objections, to tho
House in which it originated, which shall
enter the same upon their journal, and pro
ceed to rcconsider it if, after such recon
sideration, it again pass both Houses,
by yeas and nays, bv a majority of two-thirds
oi the members of each House, it sluill be
come a law, notwithstanding the Governor's
objections. If any bill shall not be returned
within three days after it'shall have boon
presented to him, (Sunday excepted,) the
same shall be a law in like manner as if he
had signed it,* unless the General Assembly,
by adjournment, prevent such return. Any
the
not take into consideration any advantages approval during the last three
S
Government for his
days
•djonrnment, with his approval, if approved
by him, and with his objections if he disap
proves thereof.
SEC. 17. No bill shall be passed unless
by the assent of a majority ot all themem
of the tieneral
mon good to make known their opinions Assembly, und the question upon I
to their representatives, and to petition for passage shall be taken imm^liately
the redress of grievances. last reading, and the yea* and navf
as or grievances. ias« reading, ana the yea* and nays entered
4 SIC. 21. No bill of attainder, ex post on the journal.
the final
upon its
-'.'T
PUBLISHED EVERT SATURDAY MORNING, BY MAYNARD it
with the laws at every regular session of the
General Assembly.
S«c. 19. The House of Representatives
shall have (he .ole power of impe.ichmenl,
and all impeachments -hall be tried by the
Senate. When sitting for the- purpos the
Senators shall be upon oath or affirmation
office of profit under this Stale, which
SEC. 22. No person holding any lucra
tive office under the United Slates, or this
State, or any other power, shall be eligible
to hold a seat in the General Assembly.—
But officers in the militia, to which there is
no'annual salary, or the office of justice of
the peace, or post-masters whose compen
sation does not execed one hundred dollars
per annum, or notary public, shall not be
deemed lucrative.
SEC. 23. No person who may hereafter
be a collector or bolder of public moneys,
shall have a seat in either house of the Gen
eral Assemly, or to be eligible to hold any
office of trust or profit in this State, until
he shall have accounted for and paid into
the treasury, all sums for which he may be
liable.
SEC. 24. No mooey shall be drawn from
the treasury but in conscquonce of appro
priations made by law.
SEC. 25. Each member of the first GCD-
Laws passed at a special session shall take
I effect ninety days after the adjournment of
I the General Assembly by wlneh they were
passed, if the General Assembly shall deem
i
anv law of immediate importance, they may
i provide that the -ame
shall
sed
subject matter of wnich shall not have been
f'
irovided for by existing laws, and no pub
ic money or property shall be appropriated
for local or private purposes, unless such
appropriation, compensation, or claim, be
allowed by two-thirds of the members elect
i ed to each branch of the General Assembly.
I SEC. 32. .Members of the General As
sembly shall, before they enter upon ihe du
I ties of their respective offices, take andsub
scribe the following oath or affi mation.—
"I do solemly swear, or affirm, (as the case
may be,) tha'l 1 will support the Constitu
tion of the United States, and the Constitu
tion of the State of Iowa, & that 1
will faith
fully discharge the duty of Senator (or Rep
resentative, as the case may be,) according
to the best of my ability. And members
of the General Assembly are hereby em
powered to administer to each other the
oath or affirmation.
1
for his dissent entered on the journals and i
the veas and nays of the members of either
at the desire i
entered on
all cases, except treason, reion
of the peace, shall be privileged
during the session of tne Gener
and in going to and returning fjoiu tho
same.
SEC. 33. The General Assembly shall in
the years 1859, 1863, 1865, 1867, 1869, and
1875, and every ten years thereafter, cause
an enumeration to be made of all the white
inhabitants of the State.
SEC. 34. The number of Senators shall,
at the next session following eacli period of
making such enumeration, and the next
session following each United States cen
sus, be fixed by law, and apportioned
among the several counties, according to
the number of white inhabitants in each.
SEC. 35. The Senate shall not consist of
more than fifty members, nor the House of
Representatives of more than one hundred
and they shall be apportioned among the
several counties and representative dictricts
of the State, according to the number of
white inhabitants in each, upon ratios to be
fixed by law. But no representative district
shall contain more than four organized coun
ties, aiid shall be entitled to one Represen
tative. Every county and district which
shall have a number of inhabitants equal to
ouc-half of the ratio fixed by law, shall be
y containing
fixed by law one-half of that number, or
more, shall entitled to one additional Rep
resentative. No floating district shall here
after be formed.
SEC. 36. At its first session under
this Constitution, and at every subst^
quent regular session, the General Assem
bly shall fix the ratio of representation and
also form into representative districts those
counties which will not be entitled singly
to a Representative.
SEC. 37. When a Congressional,
of a
es8ion of the General Assemblv, shall be
the improvement for which it is taken. deposited by him in the office of the Seere
SEC. 19. No person shall be imprisoned tary 0f Stato within thirty days after the
for a debt in any civil action, on mesne or
final process, unless in case of fraud and
no person shall be imprisoned for a militia
fine in ae of peace.
shall be divided in forming •, Con^Ms.on-
.1 Senator.a or
COUNCIL BLU
years from the time of hi/
until his successor is electl
SEC. 3. There shall be I
ernor, who shall hold his
and be elected at the sam^
vernor." In voting for
tenant Governor, the ele
no person shall be convicted, w uhout i nate for whom they vote
the coucui'reucc of two-thirds of the mem- for whom as Lieutenant
bers present.
SEC. 21. "S*o Senator or Representative
shall, during the time for which he
have been lected,
return of every election for
Lieutenant Governor, shall I
transmitted to the seat of]
the State, directed to the
House of Representatives,
and publish them in the prd
SEC. 20. The Governor, Judges of the
Supreme & District Courts, and other State
offices, shall be liable to impeachment for
an misdemeanor or inall'e isanee in office
but judgment in such cases -hall extend on
ly to removal from ollice, and i squall fica -j Houses of the tieneral A
tion to hold any ollice of honor, trust or SKC. 4. The personam
prOilt
under this State but the party con- the highest number of vot
victed or acquit led, shall ncvei ihles be and Lieutenant Governor
duly elected but in case W
suns shall have an equall
number of votes for eithe
liable to indictment, trial and punishment
according to law. All other civil officers
shall be tried for misdemeanors and malfea
sance in office in such manner, .is the Gen
eral Assembly may provide.
eral Assembly shall, by
with proceed to elect
Governor or Lieutenao
case may be.
shall
be
appointed to any civil
SEC. 5. Contested elJ
or or Lieutenant Govern
mined by the General
manner as may be prescn
.shall
have been created, or the
emoluments
of
whieh shall have been increased during such
term, except such offices its may be tilled by
elections by the people
SEC. 6. No person si
the office of Governor,
vernor, who shall not
of the United States, an
State for two years next i
tion, and attained the age
the time of said elect
take effect by
publication in newspapers in, the State.
SEC. 27. No divorce shall be granted by
I the General Assembly.
SEC. 28. No lottery shall be authorized
by this State nor shall the sale of lottery
tickets be allowed.
ion
SKC. 7. The Goverooj
der-in-chief of the milit
and navy of this State.
SEC. 8. He shall tr
business with tho officer
civil and military, and mar require inJ
mation in writing from the officers of tH
Executive Department upon any subject rc-^
lating to the duties of their respective offi
ces.
eral Assembly under this Constitution, slialM 'a commission, which shall expire at the end
of the next session of the General Assem
bly, or at the next election by the people.
reoeivo three dollars per diem while in ses
sion and the further sum of three dollars
for e\ ery twenty miles traveled in going to
and returning from ihe place where such
'session is held, by the nearest traveled route
alter which, they shall be fixed by law but
no General Assembly shall have the power
to increse the compensation of its own inem
I bers. And when convened in extra session,
they shall receive ihe same mileage and per
dieui compensation as fixed by law for the
regular session, and none other.
I SEC. 26. No law of the General Assein
i bly, passed at ihe regular session, of a pub
lie nature, shall take effect until the 4lhday
of July next after the passage thereof.—
thl
nui
•very
and at!
SEC. 9. He shall take care that the laws
are faithfully executed.
SEC. 10. When any office shall, from
any cause, become vat-ant, 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
SEC. 11. He may, on extraordinary oc
casions, convene the General Assembly by
proclamation, and shall state to both Houses
when assembled, the purpose for which they
sh ill have been convened.
SEC. 12. He shall communicate, by mes
sage, to the General Assembly, at every
regular session, the condition of the State,
and recommend such matters as he shall
deem expedient.
SEC. 13. In case of disagreement be
tween the two Houses with respect to the
time of adjournment, the Governor shall
have power to adjourn the ne al Assem
bly to such time us he may think proper
but no such adjournment shall be beyond
the time fixed for the regular meeting of
the next General Assembly.
SKC. 14. No person shall, while holding
any office under the authority of the United
States, or this State, execute the office of
Governor, except as hereinafter expressly
provided.
SF.C. 15. The official term of the Gover
nor and Lieutenant Governor, shall com
mence on the second Monday of January
SEC. 29. Everv act shall embrace but S next after their election, and continue for
one subject, ..nd matters properly connected i two years, and until their successors are
therewith winch subject
shall
be expressed elected and qualified. The Lieutenant Go-
iu the t'ule. liilt if anv subject shall be em- vernor, while acting as Governor, shall re
braced in an act which" shall not be expres- i ceive the same pay us provided for Gover-
in the title, such act shall be void only I nor and while presiding in the Senate,
a* to »a uuuili m. ..Ii tl| not be ex- 1 shall receive as compensation therefor, the
pressed in the title. I
8!,me
SEC. 18. The Lieutenant Governor shall
be President of the Senate, but shall only
vote when the Senate is equally divided, anii
in case of his impeachment, or when he
shall exercise the office of Governor, the
Senate shall choose a President pro tem
pore.
SKC. 19. If the Lieutenant Governor,
while acting as Governor, shall be impeach
ed 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 Goveiror until the va
cancy is filled, or the disability removed
and if the President of the Senate, for any
of the above causes, shall be rendered inca
pable of performing the duties pei tiiuiiiig
to the office of Governor, the same shall
devolv upon the Speaker of the House of
Representatives.
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
tho Great Seal of the State of Iowa.
SF.C. 21. All grants and commissions
shall be in the name and by the authority of
the people of the State ol' Iowa, sealed wilh
the Great Seal of the State, signed by the
Governor, and countersigned by the Secre
tary of State.
SEC. 22. A Secretary of State, Auditor
of State, and Treasurer of State, shall be
elvcted by the qualified electors, who shall
continue in office two years, and until their
successors are elected and qualified and
perform such duties as uiay be required by
law.
ARTICLE V.—JUDICIAL DEPARTMENT.
SEC. 1. The judicial power shall be
vested in a Supreme Court, Distaicl Courts,
and such other Courts, inferior to the Su
reine Court, as the General Assembly may
fire:
roi
county containing in addition to the ratio
rom time to time, establish.
""".7"""* '—T," I SEC. 2. The Supreme Court shall consist
entitled to one Representative and any one
of thm. Jud of who|n shall COUsli.
.u^ '0tw'0
tut0aqu0]
"i .. ji, „lqSena-
tonal or Representative district shall be
Represen
or of
SEC. 18. An accurate statement of the
receipts and expenditures of the public
ma7
K
.^-
a ive distnct.
Ssc. 38. In all the elections by the
hol(1 Court
SEC. 3. The Judges of the Supreme
Court shall be elected by the qualified vo
ters of the State, and shall hold their Court
at such time and place as the General As
sembly may prescribe. The Supreme Judges
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 expira-
ii tion of their terms of office, under such class-
ificntion tho
,€rm
composed of" two or preme Court hall be six years, and until his
not be entirely separated by any county be- £uccegg ,hal|
longmg to another district no county ified
SEC. 11
mileage and tfOuble the per diem pay
SEC. 30. The General Assembly shall1 provided for a Senator, and none other,
not pass local or special laws in the follow- SEC. 16. The Governor shall have pow
ing cases:
tor the asses
ment and collection of tax-
I es for Stale, County or Road purposes:
For la.ing out, opening and working
roads or highways:
For changing the names of persons
For the incorporation of cities and towns
For vacating roads, town plats, streets,
alleys or public squares
For locating or changing county seats.
In nil the cases above enumerated, and in
all other cases, where a general law can be
made applicable, all laws shall be general,
and of uniform operation throughout the
State and no law changing the boundarv
lines of anv county shall have effect until
er to grant reprieves, commutations and par
dons, after conviction, for all offences ex
cent treason, and eases of impeachment,
subject to such regulations as may be provi
ded by law. Upon conviction for treason,
he shall have power to suspend the execu
tion 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 sen
tence, 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 tieneral As
sembly at its next meeting, each ease of re-
upon being submitted to the people of the prieve, commutation, or pardon granted,
counties effected by the change, at a gener- and the reasons therefor ami also all per
al election, it shall be approved by a ma- sons in whose favor remissi n of fines and
jority of the votes in each county, cast for
ami against it.
SEC. 31. No extra compensation shall
be made to any officer, public agent, or con
tractor, after the service shall have been
rendered, or the contract entered into nor
shall any money be paid on any claim, the
forfeitures shall have been made, and the
several amounts remitted.
Si:c. 17. In e.ise of the death, impeach
ment, resignation, removal from ofliee, or
other disability of the Governor, the power
and duties of the office for the r-sidue of
the term, or until he shall be acquitted, or
the disability removed, shall devolve upon
the Lieutenant Governor.
and Distrit!
general elect!?
each Judge shaT
of January nest, al
Sic. 12. The Gel
provide, by law, for tl
tornev tieneral by theL
of oftfee shall be two yea
successor a elected.
of each'Jll(J of the Su.
have bee£
elected and qual-
Th„ Jud e8 of the me
ghaU bo inel ibfe to llnv otherP 0Bce in the
s dllring
General Assembly, the thereof, The Supreme Court sh.ll have
shall rote rtvavoce, and the votes shall be ,lato
the State of Iowa. tiee to parties, and exercise a super-'—~
Sic. 2. The Governor shall be elected control over all inferior judicial tril
by the qualified electors at the time and throughout the State.
of voting for members of the general i ^8«c. 5'. The District Court^shall consist
money, shall be attached to and published I Assembly, and shall hold his oflce two of a single Judge, who shall be elected by
the term for which they shall
P(1
jurigdict!o„
entered upon the journaL chancery, and shall constitute a Conn for
ARTICLE IT.—EXECUTIVE DEPARTMENT. be corrections at law, under such restric
Sic. 1. The Supreme executive power tions as the tieneral Assembly may, by law,
of this State shall be vested in a Chief prescribe and shall have power to issue all
Magistrate, who shall be styled the Govern- writrand process necessary to secure jus-
only in all case* in
SEC. 13. The qualified
judicial district shall, at the til
of District Judge, elect a LHstr
who shall be a resident of the
which he is elected, and shall hoi
for the term of four years, and unl
csssor shall have been elected and 1
See. 14. It shall be the duty of tl
eral Assembly to provide for the el
into effect of this article, and to pro\
a general system of practice in
Courts of this State.
ARTICLE TL.—MILITIA.
SEC. 1, The militia of this Stafl
be composed of all able-bodied whl
citizens between the ages of eight
forty-five years, except such a# are
hereafter be exempt by the laws of t,
ted States, or of this State, and i
armed, equipped, and trained as
al Assembly lijiay provide by law.
SEC. 2. No person or persons!
tiouily scrupulous of bearing a
compelled to do militia duty
peace: Provided, That susj) pe
sons shall pay an equivaleut'frm
tion in the same manner as othcrJ
SEC. 3. All commissioned oSc
militia,(staff officers excepted,)
elected by th\persons liable to perfofl
ilurv duty, knd shall be irtrnypii^y IIB
tke Governor.
ARTICLE TIL.—STATE DBBRC
SEC. I. The creditof tlie'BI ITE Jl^all
in any manner, be given or loandP to, or]
aid of, arifc individual, assoeutiiyor ci
poration and the State st^ull-^err assti
or become responsible ftir, J'de'jt
liabilities of any individual, asfwttio
corporation.
SKC. 2. The St:ffosmay cJftrai-t i
to supply casual Jeticit^o^-f Jures injT?'
enues or to meet expenses ft oih^vise
provided for but the aggrej* anient ot
i «uch debts, direct aud coniifpnt. whether I duties
contracted by virtue of one /mtre acts of,
the General Assembly, or affliferent peri- I
ah
i
od of time, shall never eaedthe sum of
w'
two hundred and fifty (hou-^id itollars ana 1
I the money arising.from thjsreation of such
4cbtS, lin 'innllixI t/vlhfi Wil'DOsC fOT
bts, shall be applied to'the purpose Tor
liich it was obtain*!, orjb repay the debts
i contracted, anJ to ID otner
purpo-e
whatever.
vhich
Si c. 3.
All
l^ses & the permaner
School or UniveiSiiy f#d of this Sui
which
shall
have been oeqjsioned by the'
falcation, lnismAii e. eBMj»t or fraud
igents or officei* coutAJI'Ug and
the same, shall be aunitea by
authorities of the State. The
sndited shall ^e a permanent li
against the SM(e, in favor of the^^«pC(.^,Vc.
iuod, sustaining the los«, uponKfhieh not
less than six per cent, annual jy yrest shall
be paid. Tie amount of li.ibilUfy ,0 created
ihall not belcounted asapaiu^f tlie indebt
edness authorised by the »e£oud section of
:his article*' v
SKC. 4. /In Addition tjitlie above limited
power to contract xne Si ate may con
tract debtf to repel 'j^Tasion, suppress in
-urreciion, or the State iu war: but
the leonevarisrWfrom the debts so contrac
ted shall lfc) all bed to the purpo-e for
tvhich it w is railed, or to rep.iv such debts,
ind to no other purpose whaiever.
SEC. 5. Except the debts herein before
ipeciiied in this article, no debt shall here
ifter be contracted by, or on behalf of this
State, unless such debts shall lie authorized
by some law for some single work or object,
to be distinctly specitied therein and such
Uw shall impose and provide for the collec
tion of a direct annual tax, sufficient to pay
tU interest on such debt, within twenty
y.sirs from the time of ihe contracting there
of but such law shall take effect until at
a ner il election it shall have been submit
ted to the people, and havo received a ma
jority of all tne votes cast for and against
it at such electiou: and all money raised by
authority of such law, shall be applied only
to tie specific object therein stated, or to
the payment of the debt created thereby
anil lueh law shall be published in at,least
one newspaper in each county, if one be
published therein, throughout the Stato»for
thre« months preceding the election at which
it is submitted to the people.
SEC. 6. The Legislature may, at any
time, after the approval of such law by the
people, if uo debt shall have been contracted
in pursuance thereof, repeal the same und
may, at any time forbid the contracting of
any further debt, or liabili'v under such
law but the tax imposed by such law, in
proportion to the debt or liability, which
may have beeu contracted in pursuance
thereof shall remain in force ana be irre
peulaMe, and be annually collected, until
the principal and interest are fully paid.
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 Ix such tax or ol^ject.
ARTICLE TIN.—COETORATIOKS.
£ourt
SEC. 1. No corporation shall be crested
by special laws but the General Assembly
snail provide, by general laws, for the OT- me interns*
ranization of all corporations hereafter to
Sic. 5.
authorising or creating
awj
thonty
'he
full power and
and make all needful:
in relation to Common Schoo
educational institutions, that i
to receive aid from the School or I
tv fund of this State but all the acts,:
and regulations of said Board may
ed, amended, or repealed by tin
Assemblv and when so altered,
or repealed, thev shall not be re-e
the Board of Education.
Sec. 9. The Governor of the
be, ex officio, a member of said
Sec. 10. The Board shall ha'
to levy taxes, or make approp
money. The contingent exp
established
at one place wi
any other place, aud ihe Un^
shall be applied to that insti/
other.
Sec. 12. Tho members of
Education shall provide for 1
of all the youths of the State,
tem of common schools. An
shall be organized and kept u.
district at least three months
i
Any district failing, for two
years, to organize aqd aeep nf
may be deprived of their partil
school fund. A
Sec. 13. The members of
Education shall each reo
diem during the tune of i
mileage going to and retur
as the members ofbe GeneiJ
Sec. 14.
A
majority of th
constitute a quotwn for tho tr*
business but nit, regulatia
for the regulation aud governmeaf
mon schools or other educational
tions shall pass without the concurrence
a majority of all the members of the Boa
which shall be expressed bv 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
1863, the General Assembly shall have
er to abolish or re-organize said Boai
Education, and provide for the educaV
interest of the Stato in any other
that to them shall seem best and prop
School Fundi and School.
Sec. 1. The educational and a
and lands shall be under the i
management of the General /f
this State.
Sec. 2. The University,.^
proceeds thereof, and all tfe
mg said fund shall ber
for the sole use of the.* q*
The interest wising f'^
annually
approjma|£v^
be created, except as hereinafter provided, benefit of twd Uy/- 9*
Sic. 2. The property of all corporation* I See. S. *h®f "fc
nor shall it may be,
stockholder in any corporation, nor shi
assume trpf^^ie debt or liability of any this
corporation, aim incurred in time of war which i
for the benefit of tlfcSUte,
SEC. 4. No poHtNfor municipal ocvpo
ration shall beooatt ilftokholder in