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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 shall have been elected.
SEC. 4. 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, prcscribe; 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.
Sec. 5. The district court shall consist of a single judge, who shall be elected by the qualified voters 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 supreme judge, during the term for which he was elected.
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.
Sec. 7. The judges of the supreme and district courts shall be conservators of the peace throughout the same.
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.
Sec. 9. The salary of each judge of the supreme court shall be two thousand dollars per annum; and that of each district judge, sixteen hundred dollars per annum, until the year 1860; 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.
SEC. 10. The State shall be divided into eleven judicial districts; and, after the year 1860, 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 reorganization of the districts, or diminution of the judges, shall have the effect of removing a judge from office. Such reorganization of the districts, or any change in the boundaries thereof, or increase or diminution of the number of the judges shall take place every four years thereafter, if necessary, and at no other time.
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.
Sec. 12. The general assembly shall provide, by law, for the election of an attorneygeneral by the people, whose term of office shall be two years, and until his successor is elected.
SEC. 13. The qualified electors of each judicial district shall, at the time of election of district judge, elect a district attorney, who shall be a resident of the district for which he is elected, and shall hold his office for the term of four years, and until his successor shall have been elected and qualified.
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 the State.
MILITIA. 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.
* Stricken out in 1868.
SEC. 2. 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.
SEC. 3. 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.
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.
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.
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 6 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.
Sec. 4. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection, or defend the State in war; but the money arising from the debts so contracted shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.
SEC. 5. Except the debts hereinbefore specified in this article, no debt shall 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 or against it at such election; and all the 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.
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 may 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.
SEC. 7. Every law which imposes, continues, or revives a tax, shall distinctly state the tax and the object to which it is applied; and it shall not be sufficient to refer to any other law to fix such tax or object.
CORPORATIONS. SECTION 1. No corporation shall be created by special laws; but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided.
SEC. 2. The property of all corporations for pecuniary profit now existing, or hereafter created, shall be subject to taxation the same as that of individuals.
Sec. 3. The State shall not become a stockholder in any corporation, nor shall it assume or pay the debt or liability of any corporation, unless incurred in time of war for the benefit of the State.
Sec. 4. No political or municipal corporation shall become a stockholder in any banking corporation, directly or indirectly.
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.
SEC. 6. Subject to the provisions of the foregoing section, the general assembly may also provide for the establishment of a State bank with branches.
SEC. 7. If a State bank be established, it shall be founded on an actual specie basis, and the branches shall be mutually responsible for each other's liabilities upon all notes, bills, and other issues intended to circulate as money.
SEC. 8. If a general banking-law shall be enacted, it shall provide for the registry and countersigning, by an officer of state, of all bills or paper-credit designed to circulate as money, and require security to the full amount thereof, to be deposited with the State treasurer, in United States stock, or in interest-paying stocks of States in good credit and standing, to be rated at 10 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 said stocks, to the amount of 10 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, and the time of any transfer, and to whom.
SEC. 9. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such stockholder.
SEC. 10. In case of the insolvency of any banking institution, the bill-holders shall have a preference over its other creditors.
SEC. 11. The suspension of specie payments by banking institutions shall never be permitted or sanctioned.
SEC. 12. Subject to the provisions of this article, the general assembly shall have power to amend or repeal all laws for the organization or creation of corporations, or granting of special or exclusive privileges or immunities, by a vote of two-thirds of each branch of the general assembly; and no exclusive privileges, except as in this article provided, shall ever be granted.
EDUCATION AND SCHOOLS. SECTION 1. The educational interest of the State, to include common schools and other educational institutions, shall be under the management of a board of education, which shall consist of the lieutenant-governor, who shall be the presiding officer of the board, and have the casting vote in case of a tie, and one member to be elected from each judicial district in the State.
SEC. 2. No person shall be eligible as a member of said board who shall not have attained the age of twenty-five years and been one year a citizen of the State.
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.
SEC. 4. The first session of the board of education shall be held at the seat of government, on the first Monday of December, after their election; after which the general assembly may fix the time and place of meeting.
SEC. 5: The session of the board shall be limited to twenty days, and but one session shall be held in any one year, except on extraordinary cccasions, when, upon the recommendation of two-thirds of the board, the governor may order a special session.
Sec. 6. The board of education shall appoint a secretary, who shall be the executive officer of the board, and perform such duties as may be imposed upon him by the board, and the laws of the State. They shall keep a journal of their proceedings, which shall be published and distributed in the same manner as the journals of the general assembly.
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 passed, published, and distributed, they shall have the force and effect of law.
SEC. 8. The board of education shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools, and other educational institutions, that are instituted, to receive aid from the school or university fund of this State ; but all acts, rules, and 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 reenacted by the board of education. Sec.
The governor of the State shall be, ex officio, a member of said board. Sec. 10. The board shall have power to levy taxes, or make appropriations of money. The contingent expenses shall be provided for by the general assembly.
Sec. 11. The State University shall be established at one place, without branches at any other place, and the university-fund shall be applied to that institution, and no other.
Sec. 12. The members of 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 may be deprived of their portion of the school-fund.
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.
SEC. 14. The majority of the board shall constitute a quorum for the transaction of business; but no rule, regulation, or law for the regulation and government of common schools or other educational institutions shall pass without the concurrence of a majority of all the members of the board, which shall be expressed by the yeas and nays on the final passage. The style of all the acts of the board shall be, “Be it enacted by the board of education of the State of Iowa.”
SEC. 15. At any time after the year of 1863, the general assembly shall have power to abolish or reorganize said board of education, and provide for the educational interest of the State in any other manner that to them shall reem best and proper.
SCHOOL-FUNDS AND SCHOOL-LANDS.
SECTION 1. The educational and school funds and lands shall be under the control and management of the general assembly of this State.
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.
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 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 may have been 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.
Sec. 4. The money which may have been or shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid, or fine collected, among the several school-districts of said counties, in proportion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establishment of libraries, as the board of education shall from time to time provide.
SEC. 5. The general assembly shall take measures for the protection, improvement, or other disposition of such lands as have been or may thereafter be reserved or granted by the United States, or any person or persons, to this State, for the use of a university, and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of the 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
Sec. 6. The financial agents of 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.
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 age of five and twenty-one years, in such manner as may be provided by the general assembly.
AMENDMENTS TO THE CONSTITUTION. SECTION 1. Any amendment or amendments to this constitution may be proposed in either house of the general assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be 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.