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23. Defaulters. 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 any office of trust or profit under this state, until he shall have accounted for and paid into the treasury, all sums for which he may be liable.

24. Appropriations. No money shall be drawn from the treasury but in consequence of appropriations made by law.

25. Compensation. Each member of the general assembly shall receive a compensation to be fixed by law, for his services, to be paid out of the treasury of the state. Such compensation shall not exceed two dollars per day for the period of fifty days from the commencement of the session, and shall not exceed the sum of one dollar per day for the remainder of the session: when convened in extra session by the governor, they shall receive such sum as shall be fixed for the first fifty days of the ordinary session. They shall also receive two dollars for every twenty miles they shall travel, in going to and returning from their place of meeting, on the most usual route: provided, however, that the members of the first general assembly under this constitution shall receive two dollars per day for their services during the entire session.

26. Object and title of laws. Every law shall embrace but one object, which shall be expressed in the title.

27. Publication. No law of the general assembly, of a public nature, shall take effect until the same shall be published and circulated in the several counties of this state, by authority. If the general assembly shall [8] deem any law of immediate importance, they may provide that the same shall take effect by publication in newspapers in the state.

28. Divorce. No divorce shall be granted by the general assembly.

29. Lotteries. No lottery shall be authorized by this state, nor shall the sale of lottery tickets be allowed.

30. Oath of office. 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.

31. Census—apportionment. Within one year after the ratification of this constitution, and within every subsequent term of two years, for the term of eight years, an enumeration of all the white inhabitants of this state shall be made, in such manner as shall be directed by law. The number of senators and representatives shall, at the first regular session of the general assembly, after such enumeration, be fixed by law, and apportioned among the several counties according to the number of white inhabitants in each ; and (the general assembly) shall also, at every subsequent regular session, apportion the house of representatives, and every other regular session the senate, for eight years; and the house of representatives shall never be less than twenty-six, nor greater than thirty-nine, until the number of white inhabitants shall be one hundred and seventy-five thousand; and after that event, at such ratio that the whole number of representatives shall never be less than thirty-nine nor exceeding seventy-two.

32. Districts. When a congressional, senatorial, or representative district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a congressional, senatorial, or representative district.

33. Viva voce. In all elections by the general assembly, the members thereof shall vote viva voce, and the votes shall be entered on the journal.

34. Salaries. For the first ten years after the organization of the government, the annual salary of the governor shall not exceed one thousand dollars; secretary of state, five hundred dollars; treasurer, four hundred dollars; auditor, six hundred dollars; judges of the supreme and district courts, each one thousand dollars.

[9] ARTICLE V.

EXECUTIVE DEPARTMENT.

1. Governor. 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.

2. Election. 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 four years from the time of his installation, and until his successor shall be qualified.

3. Who is eligible. No person shall be eligible to the office of governor, who has not 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.

4. Returns of election. The returns of every election for governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the house of représentatives, who shall, during the first week of the session, open and publish them in presence of both houses of the general assembly. The person having the highest number of votes shall be governor; but in case any two or more have an equal and the highest number of votes, the general assembly shall, by joint vote, choose one of said persons so having an equal and the highest number of votes, for governor.

5. Commander. The governor shall be commander-in-chief of the militia, the army, and navy of this state.

6. Duty of governor. IIe shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of their respective offices.

7. As to laws. He shall see that the laws are faithfully executed.

8. As to vacancies. 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.

9. Extra session. 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.

10. Message. He shall communicate by message to the general assembly, at every session, the condition of the state, and recommend such matters as he shall deem expedient.

11. As to adjournment. In case of disagreement between the two houses, with respect to (10] the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he may think proper, provided it be not beyond the time fixed for the meeting of the next general assembly.

12. Persons disqualified. No person shall, while holding any other office under the United States, or this state, execute the office of governor, except as hereinafter expressly provided.

13. Pardons. The governor shall have power to grant reprieves and pardons, and commute punishments after conviction, except in cases of impeachment.

14. Compensation. The governor shall, at stated times, receive for his services, a compensation which shall neither be increased nor diminished during the time for which he shall have been elected.

15. Seal. 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.

16. Grants and Commissions. All grants and commissions shall be in the name and by the authority of the people of the state of Iowa, sealed with the great seal of this state, signed by the governor and countersigned by the secretary of state.

17. State officers-duty of secretary. A secretary of state, auditor of public accounts, and treasurer, shall be elected by the qualified electors, who shall continue in office two years. The secretary of state shall keep a fair register of all the official acts of the governor, and shall, when required, lay the same, together with all papers, minutes and vouchers relative thereto, before either branch of the general assembly, and shall perform such other duties as shall be assigned him by law.

18. Vacancy of governor. In case of the impeachment of the governor, his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the secretary of state, until such disability shall cease, or the vacancy be filled.

19. Further vacancy. If, during the vacancy of the office of governor, the secretary of state shall be impeached, displaced, resign, die, or be absent from the state, the powers and duties of the office of governor shall devolve upon the president of the senate; and should a vacancy occur by impeachment, death, resignation, or absence from the state, of the president of the senate, the speaker of the house of representatives shall act as governor till the vacancy be filled.

[11] ARTICLE VI.

JUDICIAL DEPARTMENT.

1. Courts. The judicial power shall be vested in a supreme court, district courts, and such inferior courts, as the general assembly may from time to time establish.

2. Justices. The supreme court shall consist of a chief justice and two associates, two of whom shall be a quorum to hold court.

3. Supreme judges how elected-jurisdiction-powers. The judges of the supreme court shall be elected by joint vote of both branches of the general assembly, and shall hold their courts at such time and place as the general assembly may direct, and hold their offices for six years, and until their successors are elected and qualified, and shall be ineligible to any other office during the term for which they may be elected. The supreme court shall have appellate jurisdiction only in all 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 prescrihe. The surreme court shall have power to issue all writs and process necessary to do justice to parties, and exercise a supervisory control over all inferior judicial tribunals, and the judges of the supreme court shall be conservators of the peace throughout the state.

4. District court, judge elected—jurisdiction and powers—districts. The district court shall consist of a judge, who shall be elected by the qualified voters of the district in which he resides, at the township election, and hold his office for the term of five years, and until his successor is duly elected and qualified, and shall be ineligible to any other office during the term for which he may be elected. The district court shall be a court of law and equity, and have jurisdiction in all civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. The judges of the district courts shall be conservators of the peace in their respective districts. The first session of the general assembly shall divide the state into four districts, which may be increased as the exigencies require.

5. Attorney and clerk. The qualified voters of each county, shall at the general election, elect one prosecuting attorney and one clerk of the district court, who shall be residents therein, and who shall hold their several offices for the term of two years and until their successors are elected and qualified.

6. Style of process. 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.

(12) ARTICLE VII.

MILITIA.

1. Military. 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.

2. Scruples. No person or persons conscientiously scrupulous of bearing arms, shall be compelled to do militia 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.

3. Officers elected. All commissioned officers of the militia, (staff officers excepted,) shall be elected by the persons liable to perform military duty, and shall be commissioned by the governor.

ARTICLE VIII.

STATE DEBTS.

1. Debts. The general assembly shall not in any manner create any debt or debts, liability or liabilities, which shall singly or in the aggregate with any previous debts or liabilities, exceed the sum of one hundred thousand dollars, except in case of war, to repel invasion, or suppress insurrection, unless the same shall be authorized by some law for some single object or work to be distinctly specified therein; which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within twenty years from the time of the contracting thereof, and shall be irrepealable until the principal and the interest thereon shall be paid and discharged; 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 thereby created; and such law shall be published in at least one newspaper in each judicial district, if one is published therein, throughout the state, for three months preceding the election at which it is submitted to the people.

[13] ARTICLE IX.

INCORPORATIONS.

1. Banks prohibited. No corporate body shall hereafter be created, renewed, or extended, with the privilege of making, issuing, or putting in circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money. The general assembly of this state shall prohibit, by law, any person or persons, association, company or corporation, from exercising the privileges of banking, or creating paper to circulate as money.

2. Corporations, how created—liabilities. Corporations shall not be created in this state by special laws, except for political or municipal purposes ; but the general assembly shall provide by general laws, for the organization of all other corporations, except corporations with banking privileges, the creation of which is prohibited. The stockholders shall be subject to such liabilities and restrictions as shall be provided by law. The state shall not directly or indirectly become a stockholder in any corporation.

ARTICLE X.

EDUCATION AND SCHOOL LANDS.

1. Superintendent public instruction. The general assembly shall provide for the election, by the people, of a superintendent of public instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the general assembly may direct.

2. Encouragement and appropriations. 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 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, A. D. 1841, and all estates of deceased persons, who may have died without leaving a will, or heir; and also such per cent. as may 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 the 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.

3. Common schools. The general assembly shall provide for a system of common schools, by which a school shall be kept up and supported in each school [14] district, at least three months in every year; and any school district neglecting to keep up and support such a school may be deprived of its proportion of the interest of the public fund during such neglect.

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