members of the general assembly at the preceding regular session; and for every mile by the nearest traveled route in going to and returning from the place where the general assembly is held, five cents per mile, but in no case shall the compensation for any extra session exceed six dollars per day exclusive of mileage; to the secretary of the senate and chief clerk of the house, six dollars per day each; to the assistant secretaries of the senate and clerks of the house, five dollars per day each to the enrolling and engrossing clerks, four dollars per day each; to the clerks of committees, two dollars and fifty cents per day each; and the necessary stationery for each of the clerks, secretaries, and their assistants aforesaid; to the sergeant-at-arms, doorkeepers, janitors, postmasters, and mail carriers, three dollars per day each; to the messengers and paper-folders, one dollar and fifty cents per day each. And no other or greater compensation shall be allowed such members, officers, and employes; nor shall there be any allowance of or for stationery, except as above provided, postage, newspapers, or other perquisites, in any form or manner, or under any name or designation. [A substitute for the original section; 18th G. A., ch. 38.] [Fifteenth General Assembly, Chapter 3.] members of SEC. 1. Within thirty days after the convening of the general assembly, the presiding officers of the two houses shall jointly certify to the auditor of state, the names of the members, officers, and employes of their respective houses, and the amount of mile- Mode of paying age due each member respectively, who shall thereupon draw a mileage of warrant upon the state treasurer for the amount due each member general assemfor mileage as above certified. He shall also issue to each mem- bly. ber of the general assembly, at the end of the said thirty days, a warrant for one-half the salary due each member for the session, Same of salary and the remaining one-half at the close of the session, and at the close of any extra or adjourned session the compensation of the members shall be paid upon certificate of the presiding officers of each house, showing the number of days of allowance and the compensation as provided by law. SEC. 2. He shall also issue to each officer and employe of the Payment of of general assembly, upon the certificate of the presiding officer of ficers and employees. the house to which such officer or employe belongs, a warrant, from time to time, for the amount due said officer or employe for services rendered. SEC. 3. He shall also issue warrants from time to time, to the Same. postmaster, assistant postmaster, and mail-carrier, upon certificates signed by the president of the senate and the speaker of the house, for the amount due said officers for services rendered. SEC. 4. Said warrants shall be paid out of any moneys in the Payment of treasury not otherwise appropriated. warrants. SEC. 13. The speaker of the house of representatives shall hold Term of office. his office until the first day of the meeting of a regular session R. ¿ 16, next after that at which he was elected. All others officers elected by either house shall hold their offices only during the session at which they were elected. R. 28. SEC. 14. Each house has authority to punish as a contempt, by Contempt. fine and imprisonment, or either of them, the offense of knowingly C. 51, 12, Fines and im- C. '51, 14. Same. R. 22 9. 11. arresting a member in violation of his privilege, of assaulting or threatening to assault a member, or threatening to do any harm. to the person or property of a member for anything by him said or done in either house as a member thereof; of attempting by menace or other corrupt means to control or influence a member in giving his vote, or to prevent his giving it; of disorderly or contemptuous conduct tending to disturb its proceedings; of refusal to attend, or be sworn, or be examined as a witness before either house, or a committee when duly summoned; of assaulting or preventing any person going to either house, or its committee by order thereof, knowing the same; of rescuing or attempting to rescue any person arrested by order of either house, knowing of such arrest; or knowingly impeding any officer of either house in the discharge of his duties as such. Fines and imprisonment for contempt shall be only by virtue of an order of the proper house entered on its journals, stating the grounds thereof. Imprisonment shall be effected by a warrant under the hand of the presiding officer for the time being of the house ordering it, counters gued by the acting secretary or clerk, running in the name of the state and directed to the sheriff or jailor of the proper county. Under such warrant, the proper officer will be authorized to commit and detain the person. Fines shall be collected by a similar warrant directed to any proper officer of any county in which the offender has property, and executed in the same manner as executions for fines issued from courts of record, and the proceeds paid into the state treasury. SEC. 16. Imprisonment for contempt shall not extend beyond C. 51, 13, 15. the session at which it is ordered, and shall be in the jail of the county in which the general assembly is then sitting; or if there be no such jail, then in one of the nearest county jails. Punishment for contempt shall not constitute a bar to any other proceeding, civil or criminal for the same act. May compel attendance of witnesses. SEC. 17. Whenever a committee of either house, or a joint committee of both, is charged with an investigation requiring the 11 G. A. ch. 3,21. personal attendance of witnesses, any person may be compelled to appear before such committee as a witness by serving upon him, in the same manner a subpoena is required to be served in a civil action in the district court, an order, naming the time and place he is required to appear, signed by the presiding officer of the house appointing the committee, and attested by its acting secretary or clerk; or, in case of a joint committee, signed and attested by such officers of either house. Compensation of witnesses. Same, 2 2. Joint conventions. R. 22 674, 675. Tellers. SEC. 18. Witnesses shall be entitled to the same compensation for attendance under the preceding section as before the district court, but shall not have the right to demand payment of their fees in advance. SEC. 19. Joint conventions of the general assembly shall meet in the hall of the house of representatives for such purposes as are or shall be provided by law. The president of the senate, or, in his absence, the speaker of the house of representatives shall preside, or, in the absence of both, a temporary president shall be appointed by a joint vote. SEC. 20. After the time for the meeting of the joint convention has been designated and prior thereto, each house shall appoint one teller, and the two shall act as judges of the election. R. & 677. SEC. 21. The clerk of the house of representatives shall act as Record of. secretary of the convention, and he and the secretary of the senate shall keep a fair and correct record of the proceedings of the convention, which shall be entered on the journals of each house. ken. SEC. 22. When any officer is to be elected by joint convention, Vote, how tathe names of the members shall be arranged in alphabetical order R. 678, 679. by the secretaries, and each member shall vote in the order in which his name stands when thus arranged. The name of the person voted for, and of the members voting, shall be entered in writing by the tellers, who, after the secretary shall have called the names of the members a second time, and the name of the person for whom each member has voted, shall report to the president of the convention the number of votes given for each candidate. R. 680. SEC. 23. If no person shall receive the votes of a majority of Second poll. the members present, a second poll may be taken, and so on from time to time until some person receives such majority. SEC. 24. If the purpose for which the joint convention assem- Adjournment. bled is not concluded, the president shall adjourn the same from time to time as the members present may determine. R. 681. election. SEC. 25. When any person shall have received a majority of Certificates of the votes as aforesaid, the president shall declare him to be elected, R. ¿ 682. and shall, in the presence of the convention, sign two certificates of such election, attested by the tellers, one of which he shall transmit to the governor, and the other shall be preserved among the records of the convention and entered at length on the journals of each house. The governor shall issue a commission to the person so elected. ators and can SEC. 26. Joint conventions for the purpose of electing a senator Election of senin the congress of the United States, and canvassing the votes for vass of votes. R. 2 685. governor and lieutenant-governor, shall be conducted according to the foregoing provisions so far as applicable. Rules. SEC. 27. In the absence of other rules, those of parliamentary R. 686. practice comprised in Cushing's Manual shall govern. CHAPTER 3. OF THE STATUTES. bills. SECTION 28. When the governor approves a bill, he shall set Approval of his name thereto with the date of his approval. As to how the fact of approval may As to approval by Governor, see be shown, see note to § 35. Const. Art. 3, § 16. C. '51, 16. turned by gov R. 20. SEC. 29. When a bill, having passed the general assembly, is Proceedings returned by the governor with his objections, and is afterward when bill is repassed as provided in the constitution, a certificate signed by the ernor. presiding officer of each house in the following form shall be en- C.1, 17. dorsed thereon or attached thereto: This bill having been returned by the governor with his objections to the house in which Bill retained by than three days. R. 3 21. it originated, and after reconsideration having again passed both houses by yeas and nays by a majority of two-thirds of the members of each house, has become a law this- — day of See Const. Art. 3, § 16. SEC. 30. When a bill has passed the general assembly, and is governor more not returned by the governor within three days as provided in the constitution, it shall be authenticated by the secretary of state endorsing thereon: "This bill having remained with the governor three days (Sunday excepted), the general assembly being in session, has become a law this day of Secretary of State." C. '51, 18. Laws arranged and prepared for publication. See Const. Art. 3, § 16. SEC. 31. The original acts of the general assembly shall be deposited with and kept by the secretary of state. The original act thus deposited with the secretary of state is the ultimate proof of the statute, whatever errors there may be in the printed copies thereof; and the court will inform itself and take cognizance of the true reading as thus shown: Clare v. The State, 5-509; commented up on in The State v. Donehey, 8–396. The acts thus deposited are the bills which receive the signatures of the officers, &c., and behind them it is impossible for any court to go for the purpose of ascertaining what the law is: Duncombe v. Prindle, 12-1, 11. SEC. 32. Acts of a private nature which do not prescribe the time when they take effect, shall do so on the thirtieth day next after they have been approved by the governor, or endorsed as provided in this chapter. SEC. 33. Acts which are to take effect by publication in newspapers, shall be published in at least two papers, one at least of them at the seat of government, and if such papers are not designated in the act, the same may be designated by the secretary of state, and the act published accordingly. All such acts shall take effect on the twentieth day after the date of the last publica- Certificate of secretary that act was published in one newspaper, held not sufficient: Welch v. Battern, 47-147. The general assembly may provide that an act shall take effect by publi cation, and the courts have no power to prevent the injustice which may result therefrom. (Decided under old constitution.) Pierson v. Baird, 2 Gr. 235. See Const. Art. 3, § 26. SEC. 34. All other acts and resolutions of a public nature passed at regular sessions of the general assembly, shall take effect on the fourth day of July following their passage. See Const. Art. 3, § 26, and notes. SEC. 35. Within twenty days after the adjournment of the R. 62, 63, 144. general assembly, the secretary of the state shall prepare a manu C. 51, 46, 47. script or printed copy of all the laws, joint resolutions, and memorials passed thereat, arranging the same in chapters, with marginal notes and index, to which he shall attach his certificate that the acts, resolutions, and memorials therein contained are truly copied from the original rolls, which shall be presumptive evidence of their correctness, and deliver them to the state printer. [See note to § 40.] While the statement appended to the printed act that it is "approved is evidence of that fact, it is not essential to the validity of the act, and the approval may be shown from the lished. SEC. 36. The acts of each general assembly shall be printed in How pubpages of the same size, and as near as may be, of the same style, type and appearance with the edition of this code. [See note to § 40.] Secretary of tion. SEC. 37. The secretary of state shall superintend the printing state to superof the laws as above directed. In the absence of any other pro- intend publicavision the number of copies to be printed and bound, and the time within which the same shall be completed, may be fixed by resolution of each general assembly, or, in case no such resolution is passed, shall be determined by the executive council. [See note to § 40.] ing code, shall SEC. 38. Every act passed in amendment of or in addition to Laws amend any chapter or section of this code,or in amendment of or in ad- refer to portion dition to any previous act of the same kind, shall contain in the amended. title thereof a reference to the number and name of the chapter so amended or added to, and if such reference be omitted, the secretary of state shall, in preparing such act for publication, supply the omission. [See note to § 40.] To whom, and Privat laws. SEC. 39. The secretary of state shall distribute the laws afore- number distribsaid as follows: To the state library for distribution to other states uted. and territories, and for exchange, two hundred copies; two copies 14 G. A. ch. 100 to each state institution, to each judge of a court of record, and to ? 4. each state officer; one copy to each member of the general assembly; ten copies to the library of the law department of the state university; one copy to the state historical society; all of the foregoing to be in law sheep; thirteen thousand copies of the laws bound in boards for distribution to county auditors upon their requisition. [See note to § 40.] shall supply. state. SEC. 40. Each county officer, justice of the peace, township County auditor clerk and mayor of a city or incorporated town shall be supplied Same, 5. with a copy of the laws for the use of his office, which shall be delivered to his successor in office, Distribution shall be made County auditor shall make re upon the requisition of the county auditor upon the secretary of quisition on state, which requisition shall state the number of copies required secretary of for distribution under the provisions of this section, and also the number of copies requisite for sale in the county, and said requisition shall be made before the first day of March in each year, and thereupon the secretary of state shall forward the number so certified and file with the auditor of state a certificate thereof, which shall be charged to such county by the auditor of state. The |