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Authority over membership as to
Restrictions, Sec. 14.
In case of disagreement, Art., IV., Sec. 13; Records. The power to enforce the attendance of absent members through the action of the sergeant-at-arms might at times be necessary to prevent serious delay in legislation. Such absence is sometimes intentional on the part of those opposed to bills before the house, and prevents a quorum.
224, Rights of Individuals. - Sec. 10. Every member of the General Assembly shall have the liberty to dissent from, or protest against, any act or resolution which he may think injurious to the public or an individual, and have the reasons for his dissent entered on the journals; and the yeas and nays of the members of either house, on any question, shall at the desire of any two members present be entered on the journals.
Sec. 11. Senators and Representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same.
The right to protest, and having that protest recorded, is only justice to members whose constituency might blame them seriously for the passage of some measure unfavorable to that community. The yea and nay vote consists in calling the roll of members
and giving each member the chance to vote “yea “nay" on the question. These votes are recorded, also the number of members not voting because of absence. In the Congress of the United States, the demand of one fifth of those present is necessary to call for yea and nay votes. In the legislature of Iowa, all bills, at their final reading, require this kind of vote. This is not necessary in Congress.
Notice the three conditions and three exceptions to the privilege from arrest. Without this privilege, a member of the General Assembly might be required to be present at some case in court involving only private business, and perhaps trumped up simply to deprive the Assembly of his vote.
225. Freedom of Speech.- Members of Congress also have exemption from legal liability for anything said in debate on the floor of the house. This privilege, though not granted by our State constitution, is given by statute. (Code, $11). However, a member may not publish and distribute his speech without being liable for whatever sentiments it
Of course the official publication of a member's speech in the House or Senate Journal does not render him liable. Any impropriety of speech may be punished by the house according to its own rules under Sec. 9 of this Article.
226, Vacancies.-Sec. 12. When vacancies occur in either house, the governor, or the person exercising the functions of governor, shall issue writs of election to fill such vacancies.
Such writs of election are issued to the sheriff, and notice of said election is by him posted in public
places and published in the leading papers. (Code, § 1062). Below is a copy of a governor's proclamation for a general election, and the sheriff's notice of the same election in Black Hawk County :
BY THE GOVERNOR.
A PROCLAMATION For a General Election, to be Held Tuesday, Novem
ber 3, 1896.
Pursuant to Law, I, Francis M. Drake, Governor of the State of Iowa, do proclaim that at the General Election to be held on the Tuesday next after the first Mon. day in November, it being the third day of that month, in the year one thousand eight hundred and ninety-six, the offices hereinafter named are to be filled, to-wit :
By vote of all electors in the State:
The office of Elector of President and Vice-President of the United States, to be filled by the choice of thirteen Electors, each ballot for such office to contain the name of at least one inhabitant of each district into which the State is divided, and to designate against the name of each person voted for the number of the congressional district to which he belongs.
The office of Secretary of State.
The office of Judge of the Supreme Court, to succeed James H. Rothrock.
The office of Railroad Commissioner.
By vote of the electors in the several Congressional districts :
The office of Representative in Congress from each of said districts.
By vote of the electors of certain Judicial districts the office of Judge of the District Court, as follows:
In the Twelfth Judicial District, to succeed Porter W. Burr.
In the Fourteenth Judicial District, to succeed Lot Thomas.
In the Fifteenth Judicial District, to succeed Nathan W. Macy.
In the Twentieth Judicial District, to succeed Winfield S. Withrow.
And I do further proclaim and give notice that on the day of said general election, certain offices, having become vacant, are to be filled by the electors throughout the State and in the districts named, to-wit:
The office of Railroad Commissioner in the place of John W. Luke, deceased, said office being now tempo. rarily filled by Edward A. Dawson.
The office of Judge of the Fifth Judicial District, in the place of John H. Henderson, resigned, the office being now temporarily filled by John A. Storey.
The office of Judge of the Seventeeth Judicial Dis. trict, under the provisions of chapter one hundred and twenty-two, of the acts of the Twenty-sixth General Assembly, said office being now filled by Obed Caswell.
The office of Judge of the Eighteenth Judicial District, in the place of William P. Wolf, deceased.
WHEREOF, all electors throughout the State will take due notice, and the Sheriffs of the several counties will take official notice, and be governed accordingly.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
Done at Des Moines, this twenty-eighth day of September, in the year of our Lord one thousand eight hundred and ninety-six, of the Independence of the United States the one hundred and twenty-first, and of the State of Iowa the fiftieth. By the Governor : (SEAL]
F. M. DRAKE.
Secretary of State. STATE OF Iowa, Black Hawk County:
Pursuant to Law, I, W. M. Law, Sheriff of Black Hawk county, Iowa, do hereby proclaim that at the general election to be held on the Tuesday next after
the first Monday in November, it being the third day of that month, in the year one thousand eight hundred and ninety-six, the offices hereinafter named are to be filled by vote of all the electors of the county, to-wit:
The office of Clerk of the District Court.
The office of Supervisor—3d Supervisor district (to fill vacancy).
The office of Supervisor-6th Supervisor district.
WHEREOF, all the electors of the county will take due notice, and govern themselves accordingly.
Witness my hand this 16th day of October, A. D. 1896.
W. M. Law,
Sheriff of Black Hawk County, Iowa. 227. Publicity of Sessions.-Sec. 13. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy.
228. Adjournment.Sec. 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. 229. Bills – Their Origin. - Sec. 15.
Bills may originate in either house, and may be amended, altered, or rejected by the other; and every bill having passed both houses shall be signed by the speaker and president of their respective houses.
Four States, Ohio, North Carolina, Rhode Island, and Delaware, do not require bills to be signed by the governor. Thirteen other States, among which is New York, go to the other extreme and give the governor an absolute veto on objectionable portions of financial bills. (See Fiske's Civil Government, pp. 171-172.) Very unwise measures are sometimes