IOWA

ITS STATE AND LOCAL GOVERNMENT

WITH THE

STATE CONSTITUTION

TO TEACHERS

Knowledge of the general nature of our state government and of the laws which command our obedience is indispensable to a high standard of citizenship, Every man and woman is charged with public as well as private responsibilities; and upon the manner in which the young are trained to meet those responsibilities depends the destiny of our country.

To aid in imparting instructions along these lines, the following chapters have been written.

The subject treated is generally, but very erroneously, supposed to be too complex and abstruse for any but trained lawyers to understand. The machinery of our government is remarkable for its simplicity, and its practical operation can readily be made plain and full of interest to every intelligent child.

Practical illustration of the administration of government, in some of its minor features at least, is always at hand for the use of the apt instructor; and such familiar examples as the working of public roads, annual school meetings, annual and special elections, proceedings of school directors, city councils, boards of supervisors, mayors, and justices of the peace, the assessment and collection of taxes, and other similar matters, can be made topics of profitable discussion and inquiry.

Concerning other features not coming within the range of personal observation, pupils should be encouraged to go beyond the outline lesson and investigate for themselves all available sources of information.

Among the authorities in easy reach are the Code, containing a compilation of all the statutes of general importance; the Official

Register, published yearly by the Secretary of State; the Census Reports; reports of all the various State Offices; Annals of Iowa; Academy of Science; Handbook for Iowa Teachers, published annually for free distribution. Of these, the first can be found in the office of every lawyer and magistrate; while the other documents named may usually be obtained without expense, by applying to the proper officer at the State Capitol.

Many other helps will be discovered by the student who cultivates the habit of independent investigation and independent thought.

No word or phrase, made use of in the text, should be passed until its meaning is fully explained and understood. Studied in this manner and with this spirit, the time employed upon these pages cannot be otherwise than well spent.

CHAPTER I

CONSTITUTION OF IOWA

The heavy face figures in the margin are inserted for convenience of reference.

1 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 these blessings, do ordain and establish a free and independent government, by the name of THE STATE OF IOWA, the boundaries whereof shall be as follows:

Beginning in the middle of the main channel of the Missis sippi 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 Stateadopted June 12, 1820-crosses the said middle of the main channel of the said Des Moines river; thence westwardly 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 main channel of the Missouri river; thence up the middle of the main channel of the said

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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 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 said Mississippi river to the place of beginning.

Article I. Bill of Rights

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.

SEC. 2. All political power is inherent to 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. SEC. 3. The General 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.

SEC. 4. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the performance of 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

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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.

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.

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.

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.

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.

SEC. 9. The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by a 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.

SEC. 10. In all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a

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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.

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.

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.

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.

16 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.

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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.

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, un