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ARTICLE 5. — JUDICIAL DEPARTMENT.

   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.
   SEC. 2. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum to hold court.
   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 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.
   SEC. 4. The Supreme Court shall have appellate jurisdiction only on 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.
   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.
   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

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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 State.
   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 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 have been elected.
   SEC. 10. The State shall be divided into eleven judicial districts; and after the year eighteen hundred and sixty, the General Assembly may re-organize 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 in more than one district, or one judge of either court, at anyone session; and no re-organization of the districts, or diminution of the 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 any increase or diminution of the number of 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 Attorney-General by the people, whose term of office shall be two years, and until his successor shall have been elected and qualified.
   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.
   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.

ARTICLE 6.-MILITIA.

   SECTION 1. The militia of this State shall be composed of all able-bodied 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.
   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.

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   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.

ARTICLE 7.-STATE DEBTS.

   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.
   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 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 officers controlling or 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.
   SEC. 4. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection, or defend the State in war; but the money arising from the debts so contracted shall be applied to the purpose for which it was raised; or to repay such debts, and to no other purpose whatever.
   SEC. 5. Except the debts hereinbefore specified in this article, no debt shall hereafter be contracted by, or on behalf of this State, unless such debt shall be authorized by some law for some single work or object, to be 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 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

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any further debt, or liability under such law; but the tax imposed by such law, in proportion to the debt or liability, which may have been contracted in pursuance thereof, shall remain in force and be irrepealable, and be annually collected, until the principal and interest are fully paid.
   SEC. 1. 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.

ARTICLE 8. - CORPORATIONS.

   SECTION 1. No corporation sha11 be created by special laws; but the General Assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided.
   SEC.2. The property of all corporations for pecuniary profit, shall be subject to taxation, the same as that of individuals.
   SEC. 3. The State shall not become a stockholder in any corporation, nor shall it assume or pay the debt or liability of any corporation, unless incurred in time of war for the benefit of the State.
   SEC. 4. No political or municipal corporation shall become a 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, nor in any manner be in force, until the same shall have been submitted separately, to the people, at a general or special election, as 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 others' liabilities upon all notes, bills, and other issues intended for circulation as money.
   SEC. 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of State, of all bills, or paper credit designed to circulate as money, and require security to the full amount thereof, to be deposited with the State Treasurer, in United States stocks, or in interest paying stocks of States in good credit and standing, to be rated at ten per cent below their average value in the city of New York, for the thirty days next preceding their deposit; and in case of a depreciation of any portion of said stocks, to the amount of ten per cent on the dollar, the bank or banks owning said stacks 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 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.

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   SEC. 10. In case of the insolvency of any banking institution, the bill holders shall have a preference over its other creditors.
   SEC. 11. The suspension of specie payments by banking institutions shall never be permitted or sanctioned.
   SEC. 12. Subject to the provisions of this article, the General Assembly shall have power to amend or repeal all laws for the organization or creation of corporations, or granting of special or exclusive privileges or immunities, by a vote of two-thirds of each branch of the General Assembly; and no exclusive privileges, except as in this article provided, shall ever be granted.

ARTICLE 9.-EDUCATION AND SCHOOL LANDS

I.-Education.

   SECTION 1. The educational interest of the State, including common schools and other educational institutions, shall be under the management of a board of education, which shall consist of the Lieutenant Governor, who shall be the presiding officer of the board, and have the casting vote in case of a tie, and one member to be elected from each judicial district in the State.
   SEC. 2. No person shall be eligible as a member of said board who shall not have attained the age of twenty-five years, and shall have been one year a citizen of the State.
   SEC. 3. One member of said board shall be chosen by the qualified 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 anyone year, except upon extraordinary occasions, 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 made, 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

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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.
   SEC. 9. The Governor of the State shall be, ex-officio, a member of said board.
   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.
   SEC. 11. The .State University shall be established at one place, without branches at any other place, and the university fund shall be applied to that institution, and no other.
   SEC. 12. The board of education shall provide for the education of all the youths of the State, through a system of common schools; and such schools shall be organized and kept in each school district at least three months in each year. Any district failing, for two consecutive years, to 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. A majority of the board shall constitute a quorum for the transaction of business, but no rule, regulation or law, for the regulation and government of common schools or other educational institutions, shall pass without the concurrence of a majority of all the members of the board, which shall be expressed by the yeas and nays on the final passage. The style of all acts of the board shall be, "Be it enacted by the board of education of the State of Iowa."
   SEC. 15. At any time after the year one thousand eight hundred and sixty-three, the General Assembly shall have power to abolish or re-organize said board of education, and provide for the educational interest of the State in any other manner that to them shall seem best and proper.

2.-School Funds and School Lands.

   SECTION 1. The educational and school funds and lands, shall be under the control and management of the General Assembly of this State.
   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 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,

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shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the General 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 commen [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 lauds as have been, or may here after be reserved, or granted by the United States, or any person or persons, to this State, for the use of a university, and the funds accruing from the rents or sale of such lands, or from any other source for the purpose 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.
   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.
   SEC. 7. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths, between the ages of five and twenty-one years, in such manner as may be provided by the General Assembly.

ARTICLE 10.-AMENDMENTS TO THE CONSTITUTION.

   SECTION 1. Any amendment or amendments to this constitution may be proposed in either House of the General Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be 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.
   SEC. 2. If two or more amendments shall be submitted at the same

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time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately.
   SEC. 3. At the general election to be held in the year one thousand eight hundred and seventy, and in each tenth year thereafter, and also at such time as the General Assembly, may, by law, provide, the question: "Shall there be a Convention to revise the Constitution and amend the same?" shall be decided by the electors qualified to vote for members of the General Assembly; and in case It 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.

ARTICLE H.-MISCELLANEOUS.

   SECTION 1. The jurisdiction of justices of the peace shall extend in all 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.
   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 the State, may be organized without additional territory.
SEC. 3. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount in the aggregate exceeding five per centum on the value of the taxable property within such county or corporation-to be ascertained by the last State and county tax lists, previous to the incurring of such indebtedness.
   SEC. 4. The boundaries of the State may be enlarged, with the consent of Congress and the General Assembly.
   SEC. 5. Every person elected or appointed to any office shall, before 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.
   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.
   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 General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted, shall not exceed three hundred and twenty acres.
   SEC. 8. The seat of government is hereby permanently established, as now fixed by law, at the City of Des Moines, in the county of Polk and the State University at Iowa City, in the county of Johnson.

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ARTICLE 12.-SCHEDULE.

   SECTION 1. This Constitution shall be the supreme law of the State, and any law inconsistent therewith shall be void. The General Assembly shall pass all laws necessary to carry this Constitution into effect.
   SEC. 2. All laws now in force, and not inconsistent with this Constitution, shall remain in force until they shall expire or be repealed.
   SEC. 3. All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of errors, certiorari, and injunctions, shall be carried on in the several courts, in the same manner as now provided by law; and all offenses, misdemeanors and crimes that may have been committed before the taking effect of this Constitution, shall be subject to indictment, trial and punishment, in the same manner as they would have been had not this constitution been made.
   SEC. 4. All fines, penalties, or forfeitures due, or to become due, or accruing to the State, or to any county therein, or to the school fund, shall inure so the State, county, or school fund, in the manner prescribed by law.
   SEC. 5. An bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned.
   SEC. 6. The first election under this constitution shall be held on the second Tuesday in October, in the year one thousand eight hundred and fifty-seven, at which time the electors of the State shall elect the Governor and Lieutenant Governor. There shall also be elected at such election, the successors of such State Senators as were elected at the August election, in the year one thousand eight hundred and fifty-four, and members of the House of Representatives, who shall be elected in accordance with the act of apportionment, enacted at the session of the General Assembly which commenced on the first Monday of December, one thousand eight hundred and fifty-six.
   SEC. 7. The first election for Secretary, Auditor, and Treasurer of State, Attorney-General, District Judges, Members of the Board of Education, District Attorneys, members of Congress, and such State officers as shall be elected at the April election, in the year one thousand eight hundred and fifty-seven (except the Superintendent of Public Instruction), and such county officers as were elected at the August election, in the year one thousand eighth hundred and fifty-six, except prosecuting Attorney, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-eight; Provided, that the time for which any District Judge, or any other State or county officer, elected at the April election in one thousand eight hundred and fifty-eight, shall not extend beyond the time fixed for filling like offices at the October election in the year one thousand eight hundred and fifty-eight.
   SEC. 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 of October, in the year one thousand eight hundred and fifty-nine.
   SEC. 9. The first regular session of the General Assembly shall be held in the year one thousand eight hundred and fifty-eight, commencing on the second Monday of January of said year.
   SEC. 10. Senators elected at the August election, in the year one thou-

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sand eight hundred and fifty-six, shall continue in office until the second Tuesday of October, in the year one thousand eight hundred and fifty-nine, at which time their successors shall be elected as maybe prescribed by law.
   SEC. 11. Every person elected by popular vote, by a vote. of the General Assembly, or who may hold office by Executive appointment, which office is continued by this constitution, and every person who shall be so elected or appointed, to any such office, before the taking effect of this constitution, (except as in this constitution otherwise provided) shall continue in office until the term for which such person has been or may be elected or 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.
   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 General Assembly, in accordance with the provisions of this constitution.
   SEC. 13. The foregoing constitution shall be submitted to the electors of the State at the August election, in the year one thousand eight hundred and fifty-seven, in the several election districts in this State. The ballots at such election shall be written or printed as follows: Those in favor of the 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.
   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 "Fight of Suffrage," shall be separately submitted to the electors of this State for adoption or rejection, in manner following, viz:
A separate ballot may be given by every person having a right to vote at said election, to be deposited in a separate box; and those given for the adoption of such proposition shall have the words, "Shall the word 'white' be stricken out of the article on the 'Right of Suffrage? '-Yes." And those given against the proposition shall have the words, "Shall the word 'white' be stricken 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.
   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.

   Done in convention at Iowa City, this fifth day of March, in the year of our Lord one thousand eight hundred and fifty-seven, and of the independence of the United States of America, the eighty-first.

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   In testimony whereof, we haveunto subscribed our names:

ATTEST:

TH. J. SAUNDERS, Secretary
E. N. BATES, Assistant Secretary

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