145. Militia.-The township assessor also enters in these books a list of all able-bodied men between the ages of eighteen and forty-five years, as belonging to the State militia and liable to military service. It is from this list that the drafts are made for soldiers in time of war, when volunteers are not numerous enough to serve the needs of the country.

Students

of United States history will remember the terrible riots in 1863, when President Lincoln ordered a draft from the militia of the United States to aid in carrying on the war against the Rebellion. The men between eighteen and forty-five years of age, so enrolled, comprise the unorganized militia. There is also an organized militia, consisting of the Iowa National Guard. This includes all military companies organized in the towns and cities of Iowa, under the control of the State and its various military officers. By virtue of their special enlistment, they are liable to be called out by the Governor in time of public danger, but cannot be sent beyond the borders of the State without their own consent.1 The Governor of the State is ex-officio commander-in-chief of the Iowa militia. The next officer in rank and the active commander is the Adjutant General, who also has charge of the State arsenal and grounds, and all military stores and affairs. Honorably discharged soldiers of the United States army, and firemen during active service, and after ten years of such active service, are exempt from military duty under the State. Firemen and members of the National Guard are also exempt from all poll taxes and from jury duty.

1 1 Except on requisition of the President. Code § 2169.

CHAPTER XIII

MUNICIPALITIES

146. Classification. Municipalities (cities) are divided into three classes, determined by population. 1. Cities of the first class, with a population of 15,000 and upwards.

2. Cities of the second class, with a population of 2,000 and less than 15,000.

3. (Incorporated) Towns, including all municipal corporations with a population of less than 2,000.

of

Any census taken by the authority of the State, or any town or city, and duly reported to the secretary of state, is the legal basis for classifying the municipality. Towns platted and unincorporated are, by the new law (1897), called villages, but are not ranked as municipalities.

147. The (Incorporated) Town.-When a small settlement begins to build stores, and assume the appearance of a village, it is often thought best to incorporate it as a town, with a government better adapted than that of the township to the social and business relations of the community. The steps necessary are as follows: A petition for incorporation, signed by at least twenty-five qualified voters of the settlement, is presented to the district court, accompanied by a description of the territory to be embraced in the proposed town, an accurate plat or map of the town, the proposed name, and satisfactory proof of the number of inhabitants within the limits of said

territory. A commission of five members is then appointed by the court to advertise and conduct an election, at which the voters living within the platted territory shall decide, by a majority vote, for or against incorporation. If the vote is favorable, the same commissioners conduct another election to choose the proper officers, under whom the town government is organized.

148. The Officers of an Incorporated Town.

149. The Council and their Duties.-The council consists of six trustees who are divided into three classes by lot at the organization after the first election, just as are the supervisors in a newly organized county, and the United States Senators from a newly organized State. The mayor is a member of the council, and presiding officer thereof, with the same right to vote as a councilman. Code § 658, (5).

He may veto all ordinances, but they may afterwards be passed over his veto by a two-thirds vote. Code S 685. The duties of the town council are similar to those

*"In towns, the council shall appoint a street commissioner, and such other officers as are necessary-all to be appointed after the organization of the new council." Code § 651. "All persons appointed to office in any city or town, may be removed by the officer or body making the appointment, unless otherwise provided." Code § 657.

Vacancies in any office in an incorporated town are filled by the council. Code § 668, (9).

of the trustees of the township, except that they do not act as overseers of the poor. Money is drawn from the treasury by order of the council on warrants signed by the mayor and clerk. The relations of the council and clerk to elections are similar to those of township trustees, but in municipal elections the abstract of votes cast and the sealed wire on which the votes are strung are retained by the clerk for six months, the time allowed for contesting an election. The council act as a board of health, but they do not act as overseers of the poor, a poor-master being appointed by the board of supervisors. The marshal is appointed by the mayor, and may be discharged by him. Formerly the consent of the council was essential, but the mayor now has full control of his appointment and removal. Code § 652.

150. Cities of the Second Class.-When there are two thousand inhabitants in an incorporated town, it is required to reorgnize as a city of the second class. The officers of such a city are quite similar to those of an incorporated town, as shown in the following table:

OFFICERS OF A CITY OF THE SECOND CLASS.

The council would seem by analogy to be the proper authorities to act as overseers of the poor, just as the trustees do in the township, but this is not the case. The county supervisors appoint a poor-master to act for them, and there are always private organizations, such as the Woman's Relief Corps and the King's Daughters, that inquire into cases of destitution and give aid to the worthy poor. The council does, however, act as a board of equalization of taxes between individuals, sitting for that purpose in April; also as a board of health, and as judges and canvassers of elections. Returns of the general election in November are made to the county auditor, but the returns of the municipal elections in March are made to the city clerk, as in all municipalities. Code § 1093.

151. Ordinances and Wards.-The city laws passed by the council are called ordinances, and require three readings before they go into effect. The mayor is a member of the council with a right to vote only in case of a tie. Code § 658 (5). In cities of the second class, as in towns, the mayor may veto any ordinance. (Code § 685.) He has fourteen days in which to consider the matter, after which the proposed ordinance goes into effect, if he does not formally veto it. It may be carried over his veto by again being passed by a two-thirds vote. A city of the second class must have three wards, and cannot have over seven. One councilman is elected from each ward annually, and his term of service is two years. This provides two councilmen for each ward in all cities of the second class.

152.

Number of Cities of the Second Class.