Contents of certificates.

Certificate preserved.

Chap. 161 amended.

Inapplicable to school elections.

Chap. 161 amended.

Amendment.

on said day of election, shall prove to the satisfaction of said registers that he is a lawfully qualified elector of said voting precinct. These certificates shall contain all the data showing the qualification of the voter, as is required for regular registration, and in addition, the special matter showing the voter's right to a certificate under this section. The proper statement shall be signed and sworn to by the voter before one of the registers, and it shall be supported by the affidavit of a freeholder who is a registered voter in that precinct, who shall make oath to the qualification of the applicant as a voter in that precinct; and if the applicant be one whose name was stricken from the registry list, said affidavit of such freeholder shall contain the fact showing the right of said applicant to vote in that precinct. The certificate shall be handed in to the judges of election with the voter's ballot. The data therefrom, showing the voters' name and his qualification as a voter, shall be entered on the registry lists by the judges and clerks of the election, under the appropriate headings, and the original certificate shall be returned to the city clerk, who shall carefully preserve it, in the same manner, and for the same time as the registry lists and poll books. The certificate, before delivery to the applicant, shall be certified by the registers to the effect that the person therein named is a qualified voter in that precinct, and that he is entitled to be registered as such, under this section.

SEC. 8. For every election to which the registry law is applicable, and which may be held prior to the general annual election in 1888, the registry lists for the general annual election in 1887 shall be used, in the same manner as is provided in section 3 hereof.

SEC. 9. Section 13 of said chapter 161 is hereby amended by inserting in the second line thereof, after the word "cities the following: And in any voting precinct made up of the township outside of the city limits, whose polling place is within the corporate limits of said city, as hereinafter provided.

SEC. 10. This act, and the act to which it is amendatory, are hereby declared inapplicable to elections held under and in accordance with the school laws of the State.

SEC. 11. So much, and so much only, of chapter 161, acts of the Twenty-first General Assembly of the State of Iowa, as is in conflict herewith, is hereby repealed.

SEC. 12. That section 7 of chapter 161, acts of the 21st General Assembly be amended by striking out the word "aforesaid" in the second line thereof, and inserting in lieu thereof the words "for each general annual election." And that section 3 of said act be amended by inserting after the word "State" in the first line thereof the following words " having a population of Twenty five hundred (2500) or more as determined by the last preceding State or National census."

SEC. 13. This act being deemed of immediate importance Publication. shall take effect and be in force from and after its publication in the Iowa State Register and the Des Moines Leader, newspapers published in Des Moines, Iowa.

Approved Feb. 8th, 1888.

I hereby certify that the foregoing act was published in the lowa State Register and Des Moines Leader February 9, 1888.

FRANK D. JACKSON, Secretary of State.

CHAPTER 49.

CONTESTING ELECTION OF PRESIDENTIAL ELECTORS.

AN ACT Providing for Contesting the Election of Presidential S. F. 176. Electors, Additional to Chapter 6, Title 5 of the Code of 1873.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. The election of any presidential Elector may be contested by any eligible person who received votes for the same office for any of the causes enumerated in chapter six (6) title five (5) of the Code of 1873.

SEC. 2. The court for the trial of contested elections for Court, how constituted. presidential Electors shall consist of the Chief Justice of the Supreme Court who shall be presiding Judge of the Court and the four Judges of the district court, not interested, being nearest the capital of the State-two of whom with the Chief Justice shall constitute a quorum for the transaction of the business of the court. If the Chief Justice should for any cause be unable to attend at the trial-the next senior Judge or the one longest on the Supreme court bench if of equal rank-shall preside in place of the chief Justice-And any question arising as to the membership of the court shall be determined by the members of the court not interested in the question. The Secretary Secretary of of State shall be the clerk of the court or in his absence or ina- clerk. bility to act, the clerk of the Supreme Court shall be the clerk. Each member of the court before entering upon the discharge of his duties, shall take an oath before the Secretary of State or some officer qualified to administer oaths--that he will support the Constitution of the United States and that of the State of Iowa and that without fear, favor, affection or hope of reward he will, to the best of his knowledge and ability administer Justice according to law and the facts in the case.

SEC. 3. The contestant shall file the statement provided for in this chapter in the office of the Secretary of State within ten (10) days from the day on which the returns are canvassed by the State board of canvassers, and within the same time

State to be

Clerk's duty.

Judgment of the court.

serve a copy of the same, with a notice of the contest, on the incumbent.

SEC. 4. The clerk of the court shall immediately after the filing of the statement notify the Judges specified in Sec. 2-of this act and fix a day for the organization of the court within three days thereafter and also notify the parties to the contest. The Judges shall meet on the day fixed and organize the court and make and announce such rules for the trial of the case as they shall deem necessary for the protection of the rights of each party and a just and speedy trial of the case and commence the trial of the case as early as practicable thereafter and so arrange for and conduct the trial that a final determination of the same and judgment shall be rendered at least six (6) days before the 2nd Monday in January then next following.

SEC. 5. The Judgment of the Court shall determine which of the parties to the action is entitled to hold the office of Presidential Elector and shall be authenticated by the presiding Judge and clerk of the court and filed with the Secretary of State and the Judgment so rendered shall constitute a final determination of the title to the office and a certificate of appointment shall be issued to the successful party as an elector.

SEC. 6. Sections 723, 724 and 725 of the Code shall apply

to this act.

Approved April 13, 1888.

S. F. 175.

Sec. 665, 666, 668 Code repealed.

Substitute.

CHAPTER 50.

ELECTORS OF PRESIDENT AND VICE PRESIDENT U. S.

AN ACT to Amend Chapter 4 Title 5 of the Code of 1873-Relating to Electors of President and Vice President of the United States.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 665, 666, and 668 of Chapter 4 Title 5 of the Code of 1873 be and the same are hereby repealed and that the following be enacted in lieu thereof

Section 665. After the expiration of ten days from the day the canvass is completed the Governor shall issue a certificate of election under his hand and the Seal of the State and cause it to be served on each person elected, notifying him to attend at the seat of Government at noon on the second Monday in January next following their appointment and report himself to the Governor as in attendance; but in case of a contest of election of an elector the Governor shall withhold the certificate until the contest is determined.

Section 666. The electors so attending shall meet at noon of said Monday and the Governor shall provide them a list of all the electors, and in case of the absence of any elector or if the proper number of electors shall, for any cause, be deficient, those present shall forthwith elect from the citizens of the State, so many persons as will supply the deficiency.

Section 668. The College of Electors, being full, shall meet at the Capitol at noon of the said second Monday in January or as soon thereafter on that day as practicable and proceed to the election in conformity with the Constitution of the United States and the laws of Congress enacted by authority thereof: And it shall be the duty of the Governor, as soon as practicable, to communicate under the seal of the State to the Secretary of State of the United States, a certifi cate or certificates complying with the requirements of section 3 of the Act of Congress entitled An Act to fix the day for the meeting of the Electors of President and Vice President and other purposes approved February 3rd 1887.

Approved April 13, 1888.

Meeting of

electors.

CHAPTER 51.

ELECTIONS IN INDEPENDENT SCHOOL DISTRICTS.

AN ACT to Amend Section 1789, of the Code, with Reference to S. F. 51. Elections in Independent School Districts.

Be it enacted by the General Assembly of the State of Iowa:

open.

SECTION 1. That Section 1789 of the code be amended by Time polls striking out the words "The polls shall remain open from nine shall remain O'clock A. M. to four o'clock P. M." and insert in lieu thereof the following,--The polls shall remain open from Twelve o'clock M. to seven o'clock P. M.

SEC. 2. This act being deemed of immediate importance, Publication. shall take effect from and after its publication in the Iowa State Register and Des Moines Leader.

Approved Feb. 9, 1888.

I hereby certify that the foregoing act was published in the Iowa State Register and Des Moines Leader, February 11, 1888.

FRANK D. JACKSON, Secretary of State.

MINING.

H. F. 10.

Inspectors to reside in their district.

Board of examiners appointed.

Oath.

CHAPTER 52.

APPOINTMENT OF STATE MINE INSPECTORS.

AN ACT To amend Section 4, Chapter 140 of the Laws of the Twenty first General Assembly and to amend Chapter 21 of the Laws of the Twentieth General Assembly relative to State Mine Inspectors, their duties and manner of appointment.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That section 4 chapter 140 of the acts of the twenty first General Assembly be and the same is hereby amended by adding thereto the following words, "And each of said Mine inspectors shall during his term of office have and keep a residence in the district to which he is assigned without expense to the State. Also have and keep an office at a place designated by the Governor accessable to railroad and telegraph in their respective districts where at all reasonable times and when not actually engaged elsewhere such inspectors shall be found.

SEC. 2. That Chapter 21 laws of the twentieth General Assembly be and the same is hereby amended by enacting the following supplementary sections.

Section 22. The executive Council shall appoint a board of examiners composed of two practical miners— two mine operators and one mining engineer who shall have at least five years experience in his profession. The members of said board shall be of good moral character, and citizens of the United States and State of Iowa and they shall before entering upon their duties take the following oath (or affirmation) I do solemnly swear (or affirm) that "I will perform the duties of examiner of candidates for the office of mine inspector to the best of my ability and that in recommending any candidate I will be governed by the evidence of qualification to fill the position under the law creating the same, and not by any consideration of political or personal favors; that I will grant certificates to candidates according to their qualifications and the requirements of the law" They shall hold their office for two years.