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The 57th District includes two counties, viz., Monona and Ida.

The following districts, comprising single counties with population as stated, have two representatives each :

2d District, Lee County, population 39,528. 21st District, Des Moines County, population 37,639.

31st District, Pottawattamie County, population 46,024.

37th District, Polk County, population 72,888. 43d District, Scott County, population 45,869. 46th District, Clinton County, population 43,398. 48th District, Linn County, population 49,905. 58th District, Woodbury County, population 46,202. 70th District, Dubuque County, population 60,177.

251, Contiguous Territory.--Sec. 37. When a congressional, senatorial, or representative district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a congressional, senatorial, or representative district.

252, Mode of Voting in Elections in the General Assembly --Sec. 38. In all elections by the General Assembly, the members thereof shall vote viva voce, and the votes shall be entered on the journal.

The General Assembly elects its own officers and United States senators. If there is a tie in the election of governor and lieutenant governor, the General Assembly in joint session elects these officers. (Art. IV., Sec. 4).

TOPIC FOR READING. Auditor Brown (244) was impeached by the House, tried by the Senate, and acquitted. A description of the trial may be found in the Journals of the Assembly.

CHAPTER XIX

ARTICLE IV. -EXECUTIVE DEPARTMENT

253. The Governor–Election, Term, Canvass of Vote.-Section 1. The supreme executive power of the State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Iowa.

Sec. 2. The governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shall hold his office two years from the time of his installation, and until his successor is elected and qualified.

Sec. 3. There shall be a lieutenant-governor, who shall hold his office two years, and be elected at the same time as the governor. • In voting for governor and lieutenant-governor, the electors shall designate for whom they vote as governor, and for whom as lieutenant - governor. The returns of every election for governor and lieutenant-governor shall be sealed up and transmitted to the seat of government of the State, directed to the speaker of the House of Representatives, who shall open and publish them in the presence of both houses of the General Assembly.

As the General Assembly is not in session when the results of the election are canvassed, the returns on the election of governor and lieutenant-governor are forwarded to the executive council, with the returns for other State officers, and retained by the secretary of State till the assembly meets and elects a speaker, when they are turned over to him. 254. Vote Required to Elect.- Sec. 4.

The persons respectively having the highest number of votes for governor and lieutenant-governor shall be declared duly elected; but in case two or more persons shall

have an equal and the highest number of votes for either office, the General Assembly shall, by joint vote, forthwith proceed to elect one of the said persons governor, or lieutenant-governor, as the case may be.

A majority of all electoral votes is necessary to elect a president; a plurality vote by the people will elect the governor. A plurality vote means the largest number given to any one candidate. A majority of votes is more than half of all the votes cast. When a person has a majority of votes, he has more than all the other candidates together.

255. Contested Elections and Eligibility.-Sec. 5. Contested elections for governor, or lieutenant-governor, shall be determined by the General Assembly in such manner as may be prescribed by law. Code § 1239.

Sec. 6. No person shall be eligible to the office of governor or lieutenant-governor who shall not have been a citizen of the United States, and a resident of the State, two years next preceding the election, and attained the age of thirty years at the time of said election.

256, Command of Militia.-Sec. 7. The governor shall be commander-in-chief of the militia, the army, and navy of this State.

When Kelley's army was passing through Iowa on its way to Washington, Governor Jackson called out a portion of the organized militia and kept them near the scene of excitement to be ready for an emergency. The governor has frequently called out the militia in cases of violent strikes among the coal miners.

257, Duties of Governor.-Sec. 8. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices.

Sec. 9. He shall take care that the laws are faithfully executed.

Sec. 10. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the General Assembly, or at the next election by the people.

This does not apply to members of the General Assembly. They are not officers in the constitutional use of the word. In 1894 Governor Boies filled a vacancy on the board of directors of the Iowa State Normal School caused by the resignation of one of its members.

Sec. 11. He may, on extraordinary occasions, convene the General Assembly, by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened.

An extra session of the General Assembly was called for the winter 1896-1897 to act on the revision of the State Code. At such extra sessions, the business of the assembly is not confined to the purpose for which they are called together. For an account of extra sessions read notes on 88 24 and 50.

Sec. 12. He shall communicate, by message, to the General Assembly, at every regular session, the condition of the State, and recommend such matters as he shall deem expedient.

Sec. 13. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the General Assembly to such time as he may think proper; but no such adjournment shall be beyond the time fixed for the regular meeting of the next General Assembly.

Sec. 14. No person shall, while holding any office under the authority of the United States, or this State,

execute the office of governor, or lieutenant-governor, except as hereinafter expressly provided.

Sec. 15. The official term of the governor, and lieutenant governor, shall commence on the second Monday of January next after their election, and continue for two years, and until their successors are elected and qualified. The lieutenant-governor, while acting as governor, shall receive the same pay as provided for governor; and while presiding in the Senate, shall receive as compensation therefor the same mileage and double the per diem pay provided for a senator, and none other.

Sec. 16. The governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the General Assembly at its next meeting, when the General Assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the General Assembly, at its next meeting, each case of reprieve, commutation or pardon granted, and the reason therefor; and also all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted.

Reprieves postpone punishment. Commutations lighten punishment. Pardons remove punishment. Notice that the pardoning power of the governor does not extend to cases of impeachment or treason. The President's pardoning power is restricted only in respect to cases of impeachment. By statute (Code, $ 5626),, the governor is required to consult the assembly before pardoning a case of murder in the first degree.

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