This is ready to go. JW 8/13/02 *** CSTART IA 09/03/1857 99/99/9999 *** CONSTITUTION OF IOWA 1857 *** ASTART 9001.0 IA 1857 *** *** SSTART 001.0 9001.0 0 IA 1857 *** We, the People of the State of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, b the name of The State of Iowa, the boundaries whereof shall be as follows: Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri as established by the Constitution of that State, adopted June 12th, 1820 crosses the said middle of the main channel of the said Des Moines river; thence westawardly along the said northern boundary line of the State of Missouri, as established at the time aforesaid; until an extension of said line intersects the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to the said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three degrees and thirty minutes, until said parallel intersects the middle of the main channel of the Mississippi river; thence down the middle of the main channel of the said Mississippi river to the place of beginning. *** SEND *** *** AEND *** *** ASTART 001.0 IA 1857 *** ARTICLE I BILL OF RIGHTS *** SSTART 001.0 001.0 0 IA 1857 *** SECTION 1. All men are, by nature, free and equal, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. *** SEND *** *** SSTART 002.0 001.0 0 IA 1857 *** SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it. *** SEND *** *** SSTART 003.0 001.0 0 IA 1857 *** SEC. 3.Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes or other rates, for building or repairing places of worship, or the maintenance of any minister or ministry. *** SEND *** *** SSTART 004.0 001.0 0 IA 1857 *** SEC. 4. No religious test shall be required as a qualification for any office, of public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance any of his public or private duties, or rendered 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 as a witness, or take the testimony of, any other person, not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to suits may be witnesses, as provided by law. *** SEND *** *** SSTART 005.0 001.0 0 IA 1857 *** SEC. 5. Any citizen of this State who may hereafter be 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. *** SEND *** *** SSTART 006.0 001.0 0 IA 1857 *** SEC. 6. All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens. *** SEND *** *** SSTART 007.0 001.0 0 IA 1857 *** SEC. 7. Every person may speak, write and publish his sentiments on. all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted. *** SEND *** *** SSTART 008.0 001.0 0 IA 1857 *** SEC. 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized. *** SEND *** *** SSTART 009.0 001.0 0 IA 1857 *** SEC. 9. The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law. *** SEND *** *** SSTART 010.0 001.0 0 IA 1857 *** SEC. 10. In all criminal prosecutions, and in cases involving the life or liberty of in individual, the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusation against him; to have a copy of the same when demanded to be confronted with the witnesses against him; to have compulsory process for his witnesses; and to have the assistance of counsel. *** SEND *** *** SSTART 011.0 001.0 0 IA 1857 *** SEC. 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a Justice of the Peace, or other officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army or navy, or in the militia, when in actual service, in time of war or public danger. *** SEND *** *** SSTART 012.0 001.0 0 IA 1857 *** SEC. 12. No person shall, after acquittal, be tried for the same offense. All persons shall before conviction, be bailable by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great. *** SEND *** *** SSTART 013.0 001.0 0 IA 1857 *** SEC. 13. The writ of habeas corpus shall not be suspended, or refused when application is made as required by law, unless in case of rebellion or invasion the public safety may require it. *** SEND *** *** SSTART 014.0 001.0 0 IA 1857 *** SEC. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace; and in time of war, no appropriation for a standing army shall be for a longer time than two years. *** SEND *** *** SSTART 015.0 001.0 0 IA 1857 *** SEC. 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law. *** SEND *** *** SSTART 016.0 001.0 0 IA 1857 *** SEC. 16. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open court. *** SEND *** *** SSTART 017.0 001.0 0 IA 1857 *** SEC. 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishment shall not be inflicted. *** SEND *** *** SSTART 018.0 001.0 0 IA 1857 *** SEC. 18. Private property shall not be taken for public use without just compensation first being made, or secured to be made, to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken. *** SEND *** *** SSTART 019.0 001.0 0 IA 1857 *** SEC. 19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a military fine in time of peace. *** SEND *** *** SSTART 020.0 001.0 0 IA 1857 *** SEC. 20. The people have the right to freely assemble together to counsel for the common good; to make known their opinions to their representatives, and to petition for a redress of grievances. *** SEND *** *** SSTART 021.0 001.0 0 IA 1857 *** SEC. 21. No bill of attainder ex-post-facto law, or law impairing the obligation of contracts, shall ever be passed. *** SEND *** *** SSTART 022.0 001.0 0 IA 1857 *** SEC. 22. Foreigners who are, or may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property, as native born citizens. *** SEND *** *** SSTART 023.0 001.0 0 IA 1857 *** SEC. 23. There shall be no slavery in this State; nor shall there be involuntary servitude unless for the punishment of crime. *** SEND *** *** SSTART 024.0 001.0 0 IA 1857 *** SEC. 24. No lease or grant of agricultural lands, reserving any rent or service of any kind, shall be valid for a longer period than twenty years. *** SEND *** *** SSTART 025.0 001.0 0 IA 1857 *** SEC. 25. This enumeration of rights shall not be construed to impair or deny others, retained by the people. *** SEND *** *** AEND *** *** ASTART 002.0 IA 1857 *** ARTICLE II RIGHT OF SUFFRAGE *** SSTART 001.0 002.0 0 IA 1857 *** SECTION 1. Every white male citizen of the United States of the age of twenty-one years, who shall have been a resident of this State six months next preceding the election, and of the county in which he claims his vote, sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. *** SEND *** *** SSTART 002.0 002.0 0 IA 1857 *** SEC. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such elections, going to and returning therefrom. *** SEND *** *** SSTART 003.0 002.0 0 IA 1857 *** SEC. 3. No elector shall be obliged to perform military duty on the day of election, except in time of war or public danger. *** SEND *** *** SSTART 004.0 002.0 0 IA 1857 *** SEC. 4. No person in the military, naval, or marine service of the United States shall be considered a resident of this state by being stationed in any garrison, barrack, or military or naval place or station within this state. *** SEND *** *** SSTART 005.0 002.0 0 IA 1857 *** SEC. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector. *** SEND *** *** SSTART 006.0 002.0 0 IA 1857 *** SEC. 6. All elections by the people shall be by ballot. *** SEND *** *** AEND *** *** ASTART 003.1 IA 1857 *** ARTICLE III OF THE DISTRIBUTION OF POWERS *** SSTART 001.0 003.1 0 IA 1857 *** SECTION 1. The powers of the government of Iowa shall be divided into three separate departments: The Legislative, the Executive and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted. *** SEND *** *** AEND *** *** ASTART 003.2 IA 1857 *** LEGISLATIVE DEPARTMENT *** SSTART 001.0 003.2 0 IA 1857 *** SECTION 1. The Legislative authority of this state shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives; and the style of every law shall be: "Be it enacted by the General Assembly of the State of Iowa." *** SEND *** *** SSTART 002.0 003.2 0 IA 1857 *** SEC. 2. The sessions of the general assembly shall be biennial, and shall commence on the second Monday in January next ensuing the election of its members, unless the Governor of the State shall, in the meantime, convene the General Assembly by proclamation. *** SEND *** *** SSTART 003.0 003.2 0 IA 1857 *** SEC. 3. The members of the House of Representatives shall be chosen every second year, by the qualified electors of their respective 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 November; and their term of office shall commence on the first day of January next after their election, and continue two years, and until their successors are elected and qualified. *** SEND *** *** SSTART 004.0 003.2 0 IA 1857 *** SEC. 4. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one years, be a free white male citizen of the United States, and shall have been an inhabitant of this state one year next preceding his election, and at the time of his election shall have had an actual residence of sixty days in the county or district he may have been chosen to represent. *** SEND *** *** SSTART 005.0 003.2 0 IA 1857 *** SEC. 5. Senators shall be chosen for the term of four years, at the same time and place as Representatives; they shall be twenty-five years of age, and possess the qualifications of Representatives as to residence and citizenship. *** SEND *** *** SSTART 006.0 003.2 0 IA 1857 *** 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 by lot, that one class being as nearly one- half as possible, when the number of Senators is shall be elected every two years is increased, they shall be annexed by lot to one or the other of the two classes, so as to keep them as nearly equal in numbers as practicable. *** SEND *** *** SSTART 007.0 003.2 0 IA 1857 *** SEC. 7. Each house shall choose its own officers, and judge of the qualification, election, and return of its own members. A contested election shall be determined in such a manner as shall be directed by law. *** SEND *** *** SSTART 008.0 003.2 0 IA 1857 *** SEC. 8. A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such a manner and under such penalties as each House may provide. *** SEND *** *** SSTART 009.0 003.2 0 IA 1857 *** SEC. 9. Each House shall sit upon its own adjournments, keep a journal of its proceedings, and publish the same; determine its rules of proceedings, punish members for disorderly behavior, and, with the consent of two-thirds, expel a member, but not a second time for the same offense; and shall have all other powers necessary for a branch of the General Assembly of a free and independent State. *** SEND *** *** SSTART 010.0 003.2 0 IA 1857 *** SEC. 10. Every member of the General Assembly shall have the liberty to dissent from or protest against any act or resolution which he may think injurious to the public or an individual, and have the reasons for his dissent entered on the journals; and the yeas and nays of the members of either House, on any question, shall, at the desire of any two members present, be entered on the journals. *** SEND *** *** SSTART 011.0 003.2 0 IA 1857 *** SEC. 11. Senators and Representatives, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same. *** SEND *** *** SSTART 012.0 003.2 0 IA 1857 *** SEC. 12. When vacancies occur in either House, the Governor, or the person exercising the functions of Governor, shall issue writs of election to fill such vacancies. *** SEND *** *** SSTART 013.0 003.2 0 IA 1857 *** SEC. 13. The doers of each House shall be open, except on such occasions as, in the opinion of the House, may require secrecy. *** SEND *** *** SSTART 014.0 003.2 0 IA 1857 *** SEC. 14. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. *** SEND *** *** SSTART 015.0 003.2 0 IA 1857 *** SEC. 15. Bills may originate in either House, and may be amended, altered, or rejected by the other; and every bill having passed both Houses, shall be signed by the Speaker and President of their respective Houses. *** SEND *** *** SSTART 016.0 003.2 0 IA 1857 *** SEC. 16. Every bill which shall have passed the General Assembly, shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which shall enter the same upon their journal, and proceed to reconsider it; if, after such reconsideration, it again pass both Houses, by yeas and nays, by a majority of two thirds of the members of each House, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within three days after it shall have been 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 bill submitted to the Governor for his approval during the last three days of a session of the General Assembly, shall be deposited by him in the office of the Secretary of State within thirty days after the adjournment, with his approval, if approved by him, and with his objections if he disapproves thereof. *** SEND *** *** SSTART 017.0 003.2 0 IA 1857 *** SEC. 17. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the General Assembly, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered upon the journal. *** SEND *** *** SSTART 018.0 003.2 0 IA 1857 *** SEC. 18. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at every regular session of the General Assembly. *** SEND *** *** SSTART 019.0 003.2 0 IA 1857 *** SEC. 19. The House of Representatives shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. *** SEND *** *** SSTART 020.0 003.2 0 IA 1857 *** SEC. 20. The Governor, Judges of the Supreme and District Courts. and other State officers, shall be liable to impeachment for any misdemeanor or malfeasance in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the party convicted or acquitted shall nevertheless be liable to indictment; trial, and punishment according to law. All other civil officers shall be tried for misdemeanors and malfeasance in office, in such manner as the General Assembly may provide. *** SEND *** *** SSTART 021.0 003.2 0 IA 1857 *** SEC. 21. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people. *** SEND *** *** SSTART 022.0 003.2 0 IA 1857 *** SEC. 22. No person holding any lucrative office under the United States, or this State, or any other power, shall be eligible to hold a seat in the General Assembly; but offices in the militia, to which there is attached no annual salary, or the office of Justice of the Peace, or Postmaster, whose compensation does not exceed one hundred dollars per annum, or notary public, shall not be deemed lucrative *** SEND *** *** SSTART 023.0 003.2 0 IA 1857 *** SEC. 23. No person who may hereafter be a collector or holder of public moneys, shall have a seat in either House of the General Assembly, or 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. *** SEND *** *** SSTART 024.0 003.2 0 IA 1857 *** SEC. 24. No money shall be drawn from the treasury but in consegence of appropriations made by law. *** SEND *** *** SSTART 025.0 003.2 0 IA 1857 *** SEC. 25. Each member of the First General Assembly under this Constitution shall receive three dollars per diem while in session; and the further sum of three dollars for every twenty miles traveled in going to and returning from the place where such session is held, by the nearest traveled route; after which they shall receive such compensation as shall be fixed by law; but no General Assembly shall have the power to increase the compensation of its members. And when convened in extra session they shall receive the same mileage and per diem compensation as fixed by law for the regular session and none other. *** SEND *** *** SSTART 026.0 003.2 0 IA 1857 *** SEC. 26. No law of the General Assembly, passed at a regular session of a public nature, shall take effect until the fourth day of July next after the passage thereof. Laws passed at a special session shall take effect ninety days after the adjournment of the General Assembly by which they were passed. If the General Assembly shall deem any law of immediate importance, they may provide that the same shall take effect by publication in newspapers in the State. *** SEND *** *** SSTART 027.0 003.2 0 IA 1857 *** SEC. 27. No divorce shall be granted by the General Assembly. *** SEND *** *** SSTART 028.0 003.2 0 IA 1857 *** SEC. 28. No lottery shall be authorized by this State; nor shall the sale of lottery tickets be allowed. *** SEND *** *** SSTART 029.0 003.2 0 IA 1857 *** SEC. 29. Every act shall embrace but one subject, and matters properly connected therewith; which subject, shall be expressed in the title, but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. *** SEND *** *** SSTART 030.0 003.2 0 IA 1857 *** SEC. 30. The General Assembly shall not pass local or special laws in the following cases: For the assessment and collection of taxes for state, county, or road purposes; For laving 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 all 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 boundary lines of an county shall have effect until upon being submitted to the people of the counties affected by the change at a general election, it shall be approved by a majority of the votes in each county, cast for and against it. *** SEND *** *** SSTART 031.0 003.2 0 IA 1857 *** SEC. 31. No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the contract entered into; nor shall any money be paid on any claim, the subject matter of which shall not have been provided for by pre- existing laws, and no public 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 elected to each branch of the General Assembly. *** SEND *** *** SSTART 032.0 003.2 0 IA 1857 *** 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. *** SEND *** *** SSTART 033.0 003.2 0 IA 1857 *** 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 sixty-nine, and one thousand eight hundred and seventy-five, and every ten years thereafter, cause an enumeration to be made of all the white inhabitants of the State. *** SEND *** *** SSTART 034.0 003.2 0 IA 1857 *** 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 white inhabitants in each. *** SEND *** *** SSTART 035.0 003.2 0 IA 1857 *** 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 districts in 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 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. *** SEND *** *** SSTART 036.0 003.2 0 IA 1857 *** SEC. 36. At its first session under this Constitution, 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 entitled singly to a Representative. *** SEND *** *** SSTART 037.0 003.2 0 IA 1857 *** SEC. 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 districts. *** SEND *** *** SSTART 038.0 003.2 0 IA 1857 *** SEC. 38. In all elections by the General Assembly, the members thereof shall vote-viva voce; and the votes shall be entered on the journal. *** SEND *** *** AEND *** *** ASTART 004.0 IA 1857 *** ARTICLE IV EXECUTIVE DEPARTMENT *** SSTART 001.0 004.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 002.0 004.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 003.0 004.0 0 IA 1857 *** SEC. 3. There shall be a Lieutenant Governor, 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 sealed up and transmitted to the seat of Government 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. *** SEND *** *** SSTART 004.0 004.0 0 IA 1857 *** 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 Lieutenant Governor, as the case may be. *** SEND *** *** SSTART 005.0 004.0 0 IA 1857 *** SEC. 5. Contested elections for Governor, or Lieutenant Governor, shall be determined by the General Assembly in such manner as may be prescribed by law. *** SEND *** *** SSTART 006.0 004.0 0 IA 1857 *** 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 a resident of the State two years next preceding the election, and attained the age of thirty years at the time of said election. *** SEND *** *** SSTART 007.0 004.0 0 IA 1857 *** SEC. 7. The Governor shall be commander in chief of the militia, the army, and navy of this State. *** SEND *** *** SSTART 008.0 004.0 0 IA 1857 *** SEC. 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 tiny subject relating to the duties of their respective offices. *** SEND *** *** SSTART 009.0 004.0 0 IA 1857 *** SEC. 9. He shall take care that the laws are faithfully executed. *** SEND *** *** SSTART 010.0 004.0 0 IA 1857 *** SEC. 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. *** SEND *** *** SSTART 011.0 004.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 012.0 004.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 013.0 004.0 0 IA 1857 *** SEC. 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. *** SEND *** *** SSTART 014.0 004.0 0 IA 1857 *** SEC. 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. *** SEND *** *** SSTART 015.0 004.0 0 IA 1857 *** SEC. 15. The official term of the Governor, and Lieutenant-Governor, shall commence on the second Monday 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 them pay provided for a Senator, and none other. *** SEND *** *** SSTART 016.0 004.0 0 IA 1857 *** SEC. 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 reason therefor; and also all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted. *** SEND *** *** SSTART 017.0 004.0 0 IA 1857 *** SEC. 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 until he shall be acquitted. or the disability removed, shall devolve, upon the Lieutenant- Governor. *** SEND *** *** SSTART 018.0 004.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 019.0 004.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 020.0 004.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 021.0 004.0 0 IA 1857 *** SEC. 21. All grants and commissions shall be in the name and by the authority or 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. *** SEND *** *** SSTART 022.0 004.0 0 IA 1857 *** SEC. 22. A Secretary of State, Auditor of State, and Treasury 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. *** SEND *** *** AEND *** *** ASTART 005.0 IA 1857 *** ARTICLE V JUDICIAL DEPARTMENT *** SSTART 001.0 005.0 0 IA 1857 *** 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 General Assembly may, from time to time, establish. *** SEND *** *** SSTART 002.0 005.0 0 IA 1857 *** SEC. 2. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum to hold Court. *** SEND *** *** SSTART 003.0 005.0 0 IA 1857 *** 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 classification, the term of each Judge of the Supreme Court shall be six years, and until his successor 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 have been elected. *** SEND *** *** SSTART 004.0 005.0 0 IA 1857 *** SEC. 4. The Supreme Court 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 prescribe; and shall have power to issue all writs and process necessary to secure justice to parties, and exercise a supervisory control over all inferior judicial tribunals throughout the State. *** SEND *** *** SSTART 005.0 005.0 0 IA 1857 *** SEC. 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. *** SEND *** *** SSTART 006.0 005.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 007.0 005.0 0 IA 1857 *** SEC. 7. The Judges of the Supreme and District Courts shall be conservators of the peace throughout the State *** SEND *** *** SSTART 008.0 005.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 009.0 005.0 0 IA 1857 *** SEC. 9. The salary of each Judge of the Supreme Court shall be two thousand dollars per annum; and that of each District Judge, one thousand six hundred dollars 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 compensation shall not be increased or diminished during the term for which they shall have been elected. *** SEND *** *** SSTART 010.0 005.0 0 IA 1857 *** 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 re-organization of the Districts, or diminution of the number of Judges, shall have the effect of removing a Judge from office. Such re-organization of the Districts, or any change in the boundaries thereof, or increase or diminution of the number of Judges, shall take place every four years thereafter, if necessary, and at no other time. *** SEND *** *** SSTART 011.0 005.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 012.0 005.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 013.0 005.0 0 IA 1857 *** SEC. 13. The qualified electors of each Judicial District shall, at the time of the election of District Judge, elect a District Attorney, who shall be a resident 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. *** SEND *** *** SSTART 014.0 005.0 0 IA 1857 *** 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. *** SEND *** *** AEND *** *** ASTART 006.0 IA 1857 *** ARTICLE VI MILITIA *** SSTART 001.0 006.0 0 IA 1857 *** SECTION 1. The militia of this State shall be composed of all able-bodied white 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. *** SEND *** *** SSTART 002.0 006.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 003.0 006.0 0 IA 1857 *** SEC. 3. All commissioned officers of the militia (staff officers excepted) shall be elected by persons liable to perform military duty, and shall be commissioned by the Governor. *** SEND *** *** AEND *** *** ASTART 007.0 IA 1857 *** ARTICLE VII STATE DEBTS *** SSTART 001.0 007.0 0 IA 1857 *** SECTION 1. The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, 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. *** SEND *** *** SSTART 002.0 007.0 0 IA 1857 *** 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 contracted by virtue of one or more acts of the General Assembly, or at different periods of time, shall never exceed the sum of two hundred and fifty thousand dollars; 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 whatever. *** SEND *** *** SSTART 003.0 007.0 0 IA 1857 *** SEC. 3. All losses to the Permanent, School, or University fund of this State, which shall have been occasioned by the defalcation, mismanagement, or fraud of the agents or officers controlling and managing 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 six 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. *** SEND *** *** SSTART 004.0 007.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 005.0 007.0 0 IA 1857 *** SEC. 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 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 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. *** SEND *** *** SSTART 006.0 007.0 0 IA 1857 *** 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 any further debt, or liability, under such law; but the tax imposed by such law, in proportion to the debt or liability, which ma 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. *** SEND *** *** SSTART 007.0 007.0 0 IA 1857 *** SEC. 7. Every law which imposes, continues, 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. *** SEND *** *** AEND *** *** ASTART 008.0 IA 1857 *** ARTICLE VIII CORPORATIONS *** SSTART 001.0 008.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 002.0 008.0 0 IA 1857 *** SEC. 2. The property of all corporations for pecuniary profit shall be subject to taxation, the same as that of individuals. *** SEND *** *** SSTART 003.0 008.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 004.0 008.0 0 IA 1857 *** SEC. 4. No political or municipal corporation shall become a stockholder in any banking corporation., directly or indirectly. *** SEND *** *** SSTART 005.0 008.0 0 IA 1857 *** SEC. 5. No act of the General Assembly, 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. *** SEND *** *** SSTART 006.0 008.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 007.0 008.0 0 IA 1857 *** 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 other's liabilities upon all notes, bills, and other issues intended for circulation as money. *** SEND *** *** SSTART 008.0 008.0 0 IA 1857 *** 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 depreciation of any portion of such 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 provide for the recording of the names of all stockholders in such corporations, the amount of stock held by each, the time of transfer, and to whom. *** SEND *** *** SSTART 009.0 008.0 0 IA 1857 *** 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 of its liabilities, accruing while he or she remains such stockholder. *** SEND *** *** SSTART 010.0 008.0 0 IA 1857 *** SEC. 10. In case of the insolvency of any banking institution, the bill holders shall have a preference over its other creditors. *** SEND *** *** SSTART 011.0 008.0 0 IA 1857 *** SEC. 11. The suspension of specie payments by banking institutions shall never be permitted or sanctioned. *** SEND *** *** SSTART 012.0 008.0 0 IA 1857 *** 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. *** SEND *** *** AEND *** *** ASTART 009.1 IA 1857 *** ARTICLE IX EDUCATION AND SCHOOL LANDS 1ST EDUCATION *** SSTART 001.0 009.1 0 IA 1857 *** 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. *** SEND *** *** SSTART 002.0 009.1 0 IA 1857 *** 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. *** SEND *** *** SSTART 003.0 009.1 0 IA 1857 *** 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. *** SEND *** *** SSTART 004.0 009.1 0 IA 1857 *** 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. *** SEND *** *** SSTART 005.0 009.1 0 IA 1857 *** 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 Governor may order it special session. *** SEND *** *** SSTART 006.0 009.1 0 IA 1857 *** 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 it journal of their proceedings, which shall be published and distributed in the same manner as the journals of the General Assembly. *** SEND *** *** SSTART 007.0 009.1 0 IA 1857 *** 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 distributed, they shall have the force and effect of law. *** SEND *** *** SSTART 008.0 009.1 0 IA 1857 *** 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 General Assembly; and when so altered, amended, or repealed, they shall not be re- enacted by the Board of Education. *** SEND *** *** SSTART 009.0 009.1 0 IA 1857 *** SEC. 9. The Governor of the State shall be, ex-officio, a member of said Board. *** SEND *** *** SSTART 010.0 009.1 0 IA 1857 *** SEC. 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. *** SEND *** *** SSTART 011.0 009.1 0 IA 1857 *** 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. *** SEND *** *** SSTART 012.0 009.1 0 IA 1857 *** 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. *** SEND *** *** SSTART 013.0 009.1 0 IA 1857 *** SEC. 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. *** SEND *** *** SSTART 014.0 009.1 0 IA 1857 *** SEC. 14. A majority of the Board shall constitute 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." *** SEND *** *** SSTART 015.0 009.1 0 IA 1857 *** 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. *** SEND *** *** AEND *** *** ASTART 009.2 IA 1857 *** 2ND SCHOOL FUNDS AND SCHOOL LANDS *** SSTART 001.0 009.2 0 IA 1857 *** SECTION 1. The educational and school funds and lands, shall be under the control and management of the General Assembly of this State. *** SEND *** *** SSTART 002.0 009.2 0 IA 1857 *** 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. *** SEND *** *** SSTART 003.0 009.2 0 IA 1857 *** SEC. 3. The General Assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural 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 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, 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. *** SEND *** *** SSTART 004.0 009.2 0 IA 1857 *** SEC. 4. The money which may have been or shall be paid by persons as an equivalent from 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 common schools, or the establishment of libraries, as the Board of Education shall from time to time provide. *** SEND *** *** SSTART 005.0 009.2 0 IA 1857 *** SEC. 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. *** SEND *** *** SSTART 006.0 009.2 0 IA 1857 *** 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 purposes, under such regulations as may be provided by law. *** SEND *** *** SSTART 007.0 009.2 0 IA 1857 *** 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. *** SEND *** *** AEND *** *** ASTART 010.0 IA 1857 *** ARTICLE X AMENDMENTS TO THE CONSTITUTION *** SSTART 001.0 010.0 0 IA 1857 *** 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 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. *** SEND *** *** SSTART 002.0 010.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 003.0 010.0 0 IA 1857 *** 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 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. *** SEND *** *** AEND *** *** ASTART 011.0 IA 1857 *** ARTICLE XI MISCELLANEOUS *** SSTART 001.0 011.0 0 IA 1857 *** SECTION 1. The jurisdiction of Justices 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. *** SEND *** *** SSTART 002.0 011.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 003.0 011.0 0 IA 1857 *** 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 of 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. *** SEND *** *** SSTART 004.0 011.0 0 IA 1857 *** SEC. 4. The boundaries of the State may be enlarged, with the consent of Congress and the General Assembly. *** SEND *** *** SSTART 005.0 011.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 006.0 011.0 0 IA 1857 *** 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 successors are elected and qualified. *** SEND *** *** SSTART 007.0 011.0 0 IA 1857 *** 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 Ceneral 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. *** SEND *** *** SSTART 008.0 011.0 0 IA 1857 *** 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. *** SEND *** *** AEND *** *** ASTART 012.0 IA 1857 *** ARTICLE XII SCHEDULE *** SSTART 001.0 012.0 0 IA 1857 *** SECTION 1. The 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. *** SEND *** *** SSTART 002.0 012.0 0 IA 1857 *** SEC. 2. All laws now in force and not inconsistent with this Constitution, shall remain in force until they shall expire or be repealed. *** SEND *** *** SSTART 003.0 012.0 0 IA 1857 *** 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 he 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 is they would have been had not this Constitution been made. *** SEND *** *** SSTART 004.0 012.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 005.0 012.0 0 IA 1857 *** SEC. 5. All bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to use of those concerned. *** SEND *** *** SSTART 006.0 012.0 0 IA 1857 *** 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 thousand eight hundred and fifty-six. *** SEND *** *** SSTART 007.0 012.0 0 IA 1857 *** 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 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. *** SEND *** *** SSTART 008.0 012.0 0 IA 1857 *** 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 in October, in the year one thousand eight hundred and fifty-nine. *** SEND *** *** SSTART 009.0 012.0 0 IA 1857 *** 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. *** SEND *** *** SSTART 010.0 012.0 0 IA 1857 *** SEC. 10. Senators elected at the August election, in the year one thousand 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. *** SEND *** *** SSTART 011.0 012.0 0 IA 1857 *** 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 the 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. *** SEND *** *** SSTART 012.0 012.0 0 IA 1857 *** SEC. 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 Constitution. *** SEND *** *** SSTART 013.0 012.0 0 IA 1857 *** SEC. 13. This 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 Constitution, "New Constitution-Yes." Those against the Constitution, "New Constitution-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 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 Constitution are in favor of the same, the Governor shall immediately 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. *** SEND *** *** SSTART 014.0 012.0 0 IA 1857 *** 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, Namely: 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 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. *** SEND *** *** SSTART 015.0 012.0 0 IA 1857 *** 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. *** SEND *** *** AEND *** *** ASTART 9016.0 IA 1857 *** 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. In testimony whereof, we have hereunto subscribed our names. FRANCIS SPRINGER, President. Attest: TH. J. SAUNDERS, Secretary. E. N. BATES, Assistant Secretary. *** AEND *** *** CEND ***