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chancellor of the State University of Iowa) and F. E. Bissell (an attorney of Dubuque), the commissioners. The work desired was promptly done, and a report made to the assembly through the governor; but no action was ever taken on it as a whole, though some use was doubtless made of the same, in constructing the law of March 12, 1868, since a number of the recommended features were adopted. This law provided for a county superintendent of schools, for a county teachers' institute at the expense of the State, recognized the State University as the head of the public educational system, and provided for the opening of a normal department in connection with the University that would grant free instruction to teachers.

In 1874, the institute system was modified by continuing the State appropriation of $50 for each county each year, increasing the power of the county superintendent in regard to the management of institutes, providing for the holding of normal institutes annually, when the schools were not in session, and providing a fee of one dollar for each examination for a teacher's certificate, and also the fee of one dollar for enrollment as a member of an institute; thus creating a fund for the support of these valuable summer schools for teachers. Great benefit has been derived from these means, of preparing of a corps of teachers for the public schools of the State.

123. Education not Supported by Public Taxation. Outside of the public schools and higher State educational institutions, there are colleges, seminaries and parochial schools supported by churches and other benevolent organizations. In 1895 there were 169 such schools with buildings valued at $4,179,250, and endowments amounting to $1,157,000. These schools employed 1,301 instructors, of whom

418 were of strictly collegiate grade. They enrolled 36,839 students, of whom 2,481 graduated in 1894. 124. Other Educational Influences. Under the laws of the State, free public libraries can be established in cities and towns. A number of such libraries are in existence, reporting 361,624 volumes. The State library has 50,000 volumes and is one of the best law libraries in the Union. There are published in the State 1,019 periodicals and newspapers, with a circulation of 2,410,748 copies. The teachers' institutes and conventions and also the farmers' institutes, now organized in every county, are also useful as educational agencies. Such organizations are authorized in each county, and can hold at least an annual session, and are encouraged and financially aided by the state.

125. Religion.-In 1895 Iowa maintained 4,862 individual church organizations and possessed 4,489 church buildings. The value of this property is estimated at $15, 105,085, while the seating capacity amounted to about half the entire population. There were 571,264 communicants, amounting to one-sixth of the entire population. The census also shows the religious belief of the people of ten years of age and over, distributing the larger number as follows:

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The State Board of Control.-From time to time the State has provided institutions for the insane, the reform and correction of offenders, the education of the people, and the care or training of the unfortunate and deficient classes. (Chapter IX.) As these institutions were founded, the several legislatures provided some system of management by the creation of a separate board for each one, whose duties and membership were regulated by the character and the mission of the institution established. This system of organization was a source of much trouble to the several State officers in making their biennial reports to the Governor, and also was unsatisfactory to the General Assembly because of the difficulty to know the comparative needs of these institutions in providing for their support and maintenance. Hence, in 1898, the Twenty-seventh General Assembly abolished the several separate systems of independent management and organized a new system under one single management, called, The State Board of Control." This board was granted complete authority regarding the management of all the State institutions excepting the university, the agricultural college and the normal school, over which institutions it has supervisory control. It was thought best to leave the internal management of the educational institutions to their respective boards as they formerly existed, but included them under the Board of Control so far as the financial management of their affairs was concerned. This Board of Control, consisting of three members appointed by the Governor with the approval of twothirds of the Senate in executive session, assumed authority July 1, 1898.

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PART II

CIVIL GOVERNMENT OF IOWA

CHAPTER XI

126.

LOCAL GOVERNMENT

The Formation of the American Union.— The United States is one nation made by the voluntary union of many States. Its motto, E pluribus Unum, one from many, describes its peculiarity in this particular. At the close of the Revolution, the thirteen American Colonies, having secured their independence of English control, might have become thirteen separate States, each independent of the others, like the several States of continental Europe; but, realizing that there is strength and safety in union, they agreed to unite under a central government. In forming this union, they did not give up all their rights as States, but simply agreed upon the rights which they would resign and the authority which they would grant to the Central Government.

127. The Constitution.-This agreement is recorded in the Constitution of the United States, and can be changed only by the formal consent of threefourths of the States composing the Union. (Constitution of the United States, Art. V.) The powers which belong to the Central or Federal Government

are, then, only such powers as are granted to it in the Constitution. The Constitution is the fundamental law of the land, on which all other laws must be based. The Federal Government may make such laws and treaties as are consistent with the Constitution, and the Constitution, laws, and treaties of the United States are the supreme law of the land. (Constitution of the United States, Art. VI., 2.) We have then the following outline:

The Supreme Law of the land, comprising:

128.

I. The Constitution or fundamental law.
2. The United States laws or statutes.
3. Treaties.

The Reserved Rights of the States.-The powers not resigned by the several States, or granted to the General Government, are retained by the States. (Constitution of the United States, Amendment X.) The State may, then, exercise any power not inconsistent with the supreme law of the land. Anything which is inconsistent with the Constitution is said to. be unconstitutional, and any act or law pronounced unconstitutional by the United States Supreme Court is null and void. The Supreme Court cannot decide upon the constitutionality of a law unless some one suffering under that law appeals to that court against the enforcement of the law. The late decision on the income tax law, by which it was declared unconstitutional, is an example illustrating this fact. (Read Current History, Vol. IV., p. 537, and Vol. V. pp. 271-284.) There are now (1897), forty-five States in the Union. Our own State, Iowa, is one of these, having been admitted into the Union in the year 1845,

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