Wednesday]

GILLASPY-SKIFF-HALL-GIBSON-SOLOMON.

share. I have some friends out of office, as well
as those in office, who would like to have copies.
I think one thing this con-
Mr. GILLASPY.
vention should do in distributing these books for
the information of the people of this State, is to
send one copy to each county in the State.
This should be done by a vote of the conven-
tion, and not left to individual members. If the
convention undertake to prescribe the manner
in which the members shall distribute their
copies of these debates, I think it would be
equally proper to prescribe some disposition of
the copies of the Code, and the Reports of the
Supreme Court. As to that latter matter, I am

inclined to think that the convention will find
some difficulty, as many of the members have
already disposed of their copies.

Now I think the better way would be to let each member distribute his copies of the debates to suit himself. I am satisfied there is not a member upon this floor, who, when he goes home with twenty-five copies of these debates, will not distribute them among men in his neighborhood who will read them, talk about them, and impart the information they obtain from them to others. It would certainly be a hardship, be entirely unjust, to say that the gentleman from Potawattamie, [Mr. Price,] who represents twenty odd counties, the gentleman from Hardin, [Mr. Winchester,] who represents eleven counties, and the gentleman from Mills, [Mr. Solomon,] who represents seven or eight counties, shall furnish each county they repreLet the State sent with a copy of this work. furnish the counties, and let the members fur

nish individuals.

Mr. SKIFF. The question of spoils here seems to be agitated with much animation. I know it is a very important subject, and one in which all the members of this body feel a deep interest. I therefore move to lay this subject upon the table for the present, for further consideration. I am not able to decide upon this matter at present, and shall not be until we can have a caucus upon the subject. [Laughter.]

[February 25th

ry and the library of the Smithsonian Institute, and a copy to each state historical society; for those institutions of such vast general interest that they should be supplied with a copy of this work. I think that at least five copies should be sent to each county. Many of them already have libraries and institutions of learning, which will desire this work and will be able to obtain them from the counties if we send them there. I have no doubt that members wall distribute them properly, if they are furnished to them. But these resolutions do not propose an equitable mode of distributing them to members. I therefore hope the vote by which this was adopted will be reconsidered, that we may have an opportunity to make some other disposition of the matter.

Mr. GIB ON. It seems to me that we are disposing of these debates a little too fast, acording to an estimate which I have made, I find that to give twenty-five copies to each mem ber of the convention will require nine hundred copies. Give each member of the legislature five copies, which is the number they have appropriated to themselves, and that will take five hundred and forty copies more,-making altogether one thousand four hundred and fortytwo copies. Then the secretaries, reporters and sergeant-at-arms five copies each will require thirty copies, and three copies to the chaplain. As I understand only fiifeen hundred copies have been ordered to be printed; according to estimate only some twenty-seven the above

copies will be left.

Now if we adopt this plan, and vote this number of copies to ourselves and others, the members of the legislature of course will want their copies-we must increase the number to be published. We should consider the matter a little and see whether it would be better to increase the number of copies to be published, or curtail the number of copies to be furnished to each member. If we are not careful we will run short of copies to accomplish the purposes for which the work was designed. There will not be enough copies left to furnish one to each county of the state and each state library.

Mr. SOLOMON, It is evident to my mind that a little calculation should be made in regard to the distribution of these books. And I think it would be better to appoint a committee to examine and recommend the proper mode of distributing these volumes. The committee would be well able to do this now, after the suggestions that have been made here by different members, though no one seems to have prepared anything of the kind now.

The PRESIDENT. The Chair will inform the gentleman from Sasper, [Mr. Skiff] that his motion to lay upon the table will not be in order until the motion to reconsider has been carried. Mr. SKIFF. I m not particular about it. Mr. HALL. I am satisfied myself that giving twenty-five copies to each member of this convention is not the proper way to dispose of those books. The objection to that plan is well founded, from the fact that Lee county, with a small territory, would get some fifty copes, while fifteen or twenty counties out west can I would say in reply to the gentleman from get but twenty-five copies. I think we should Warren, [Mr. Todhunter] that I do not think it so endeavor to distribute these debates as to would be a fair distribution of of these books, have a reasonable number of copies in each to distribute them according to the present popcounty; for although some of those counties ulation of the several counties in this state. I are sparely settled at present,, they will be think every county ought to have at least one If there are a great many more densely populated bye and bye. We ought or two, if not more. also to send two copies to each state and terri- inhabitants in Lee county, this work should be tory library, one each to the congressional libra-placed within the reach of all by being deposi

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CLARK-CLARKE, of H.-PALMER-MARVIN.

[February 25th

ted at the county seat. If they are distributed period of time, than we would to allow them to among and according to the present population be distributed in any other way. of the State, there will be, in a few years, in these new counties, when they come to be settled, a large population which was not taken

into the calculation at all.

The very time when a proposition is submitted to amend this constitution, which may be years hence, will be the time when these books will be most valuable to the people, and I think | that it is highly important that every county, whether organized or not, every portion of the state destined to be a county, should have its proportion of these works. And if it is necessary in order to make that provision, I am willing to vote for this reconsideration. I do not exactly like the idea of each of us taking twentyfive copies of this work. The people will look upon it as an appropriation for our own uses, and indeed as it is, we are not, and cannot be, compelled by any ruling of this body, or any other to distribute these books among the people if we take them. I know it will be with the understanding that we will distribute them over the state at large; but it is a mere matter of understanding, there is no compulsion about it. Now I want to relieve myself from this by providing for the distribution of these books at once by this convention.

Mr. CLARK, of Alamakee. I am in favor of making some provision here so as to have one copy of these debates deposited with some proper person in each county for the use of the people of that county. But I am opposed to this of giving each member of this convention an equal number of copies for distribution, for I believe that would be unfair and unjust.

I find that Lee and Van Buren counties are represented here by four members, Messrs. Ayres, Day, Johnston and Patterson and they have a population of forty-three thousand and ninetyfour. If we appropriate twenty-five copies to each member, those counties would have one hundred copies, or one copy to every four hundred and thirty persons. Now I represent a population of twenty-three thousand and fiftytwo and would have but twenty-five copies, or about one copy to every thousand persons. The constituents of these gentlemen, would get, in proportion to their number, more than double the copies of these debates that my constituents would get.

Now I have some eleven counties in my district, and I suppose they will expect to have the same number of these reports, in proportion to their population, that other counties in other districts of the State would have. I am in favor, however, when we come to decide upon the number of copies each delegate shall have, of allowing them to distribute them among their constitutents as they please, as I believe they would be better qualified to do it than any other persons can be. We will thus be more sure to accomplish the object we had in view in printing these debates, and to do so within a shorter

Mr. CLARKE, of Henry. The only question sideration. Now the great difficulty which we before us, I suppose, is in regard to the reconfind here, results from the cutting down the number of copies of these debates, that we have ordered to be printed, from three thousand to one thousand five hundred. We now find ourselves in the very same difficulty that many of us anticipated when the number was reduced. We have adopted a resolution, appropriating twenty-five copies to each of the members of this convention. Now we must repudiate the action of the general assembly in appropriating copies to each of its members, or we must reconsider our action here, for we cannot have twenty-five copies apiece, and still let the members of our legislature have the number of copies they have voted themselves.

Mr. PALMER. I am informed by the Secretary of State that we have been laboring under of Representatives upon this matter. a mistake in regard to the action of the House ate voted themselves five copies apiece, but the The SenHouse of Representatives did not provide that number for its members.

Now I

Mr. CLARKE, of Henry. I supposed that would be deposited here with the State under these books of debates, after they are published, the control of a proper officer of the State, to be distributed in some equitable manner. do not think we can distribute them equitably here, either by distributing them according to districts or according to counties. I think we should content ourselves with taking five copies each, as our Senators did, and let the matter go at that.

Mr. MARVIN. I am in favor of the proposition to allow the State to distribute among the counties from two to five copies each of this work. tend to move at the proper time to increase our And I would say to members that I insupply of this work. I understand that we cra increase it to two thousand copies without much additional expense, as the printers have struck off enough additional copies to amount to that number, and we can have them as well as anybody else, and they will be put to a better use if we take them than they would likely to be otherwise.

I think that members from our new counties, as they are mostly young men with considerable ambition, and have made considerable many speeches, and will desire political promotion hereafter, should be allowed to take these books for distribution among their constituents. I would not deprive them of that opportunity, and I do not know that they could be put to any better use, than they will be if placed in their hands. It is but human nature that they should desire to do so. They are not different in that from other people. And if we place these books in their hands they will distribute them better than some dull county judge, who will have his

Wednesday]

CLARKE, of J.- PALMER-WINCHESTER-HALI, &C.

friends, and the first who ask will get them, a d that will be the end of the matter.

[February 25th

Sec. 5. The session of said Board shall be limited to twenty days, and but one session shall be held in one year, except upon extraordinary occasions, when, upon the recommendation of two-thirds of the Board, the Governor may order a special session.

Sec. 6. The Board of Education shall organize by appointing from their boty a presiding

Mr. CLARKE, of Johnson. I am advised by one of the clerks of the late House of Representatives, that during the last night of the session the House did appropriate a certain number of copies of this work to each of its members. Mr. PALMER. But one copy each. The question was upon the motion to recon-officer, and the appointment of a Secretary and sider the vote by which the resolutions in relation to the distribution of the debates of the convention were adopted.

The question being taken the motion to reconsider was agreed to.

The question recurred upon the adoption of the resolution as amended.

Mr. WINCHESTER moved that the resolution be referred to a select committee of three, who should recommend the manner in which these reports should be distributed.

The question being taken, the motion was agreed to.

Mr. PALMER moved to further instruct the committee to inquire into the expediency of having printed a greater number than one thousand five hundred of these reports printed.

The question being taken, the motion was agreed to.

Committee of the Whole.

On motion of Mr. HALL,

The convention resumed the consideration, in committee of the whole, (Mr. Parvin in the chair,) of the report of the committee on education and school lands.

other inferior officers usual in Legislative Assemblies. They shall keep and publish a journal of their proceedings, which shall be distributed in the same manner as the journals of the General Assembly.

Sec. 7. All rules and regulations made by said Board, shall be published and distributed to the several Counties, Townships, and such School Districts as may be provided for by said Board, and when so passed, published and distributed, they shall have the force and effect of law.

Sec. 8. Said Board shall have full power and authority to legislate and make all needful rules and regulations in relation to Common Schools and other institutions of learning that are instituted to receive aid from the School or University funds of the State.

Sec. 9. Said Board may appoint a Chancellor, who shall have jurisdiction over all questions that may arise under the laws, rules, and regulations of the Board, and from all decisions and judgments of said Chancellor, an appeal may be taken to the Supreme Court.

Sec. 10. The Board of Education shall provide a system of Common Schools, by which a School shall be organized and kept in each district at least three months in each year. DisThe CHAIRMAN stated the question to be up-tricts failing to organize and keep up a School, on striking out the following from the report of the majority of the committee:

Section 1. The Educational interests of the State, to include Common Schools and other Educational Institutions, shall be under the management and control of a Board of Education, which shall consist of sixteen members.

Sec. 2. No person shall be eligible as a member of said Board who shall not have attained the age of twenty-five years, and been two years a citizen of the State.

Sec. 3. The General Assembly shall district the State into sixteen Educational Districts, and one member of said Educational Board shall be chosen by the qualified electors of each district, and shall hold their offices for the term of four years, and after the first election under this constitution, the Board shall be divided by lot into two equal classes, and the seats of the first class shall be vacated after the expiration of two years, and one-half of the Board shall be chosen every two years thereafter.

may be deprived of their portion of the School Fund.

Sec. 11. The Board of Education shall establish one University, which shall be located at some central point in the State, Provided, that until such time as such location may be made, and suitable buildings erected, said University shall continue as at present located.

And to insert in lieu thereof the following:

"The General Assembly shall provide for the election or appointment of a Board of Education, to be composed of twelve persons, who shall be the trustees of the University, and shall have the general charge and control of education in the State. They shall have power to appoint a Secretary of the Board, who shall be their executive agent, and perform such duties as may be imposed upon him by the Board of Education or the laws of the State."

Mr. SOLOMON called for a division of the question, which was accordingly ordered. The question was upon the motion to strike Sec. 4. The first session of the Board of Ed-out the first eleven sections of the majority reucation shall be held at the seat of Government, port. after which said Board may fix the time and place of meeting.

Mr JOHNSTON. I submitted the motion to strike out these sections and insert in lieu there

Wednesday,]

SOLOMON-JOHNSTON-SKIFF-HALL.

of the first section of the minority report. I stated at the time, that I submitted this motion for the purpose of testing the sense of the committee in regard to these two reports.

[February 25th

tion to strike out the first eleven sections of the majority report, it was rejected.

The CHAIRMAN stated that the report would now be read and considered by sections.

Number of Board of Education.

I desire to say, before I am called upon to vote upon this question, that when these two reports-recommending the same system, the one being more in detail than the other-were first presented to the Convention, I was decidedly in favor of the minority report. But I confess that my opinions have been very considerably shaken by the discussion of this morning. I did not hear the discussion of yesterday after-consist of sixteen members." noon, but the speeches made this morning have led me to believe that there is something more in the report of the majority than I had at first supposed.

The first section was then read as follows: "The educational interests of the State to include common schools and other educational institutions, shall be under the management and control of a board of education, which shall

The committee will observe that the principle contained in these two reports is the same. The object, it appears, is, to get rid of the office of superintendent of public instruction, as the controlling agent of the educational interest of the school fund of the State. So far, they agree. The difference consists chiefly in the fact that the report of the majority goes into details, making the members of the board elective by the people, rendering them constitutional officers, provides for their meetings, &c. I, myself, am opposed to that portion of the section I have of fered as a substitute for these eleven sections, which provides for the appointment of this board of education. I am in favor of the election of the board by the people by districts.

The principal objection which I have had to the report of the majority, has been in regard to the details. But after the discussion which has taken place this morning, I am willing to endeavor to have this changed so as, if possible, to meet my views, and I do not know but what that may be done. I shall, therefore, when the question is taken, vote against the motion to strike out. I make this statement, being the

author of this motion.

Mr. SOLOMON. I would suggest to the gentleman from Lee, [Mr. Johnston,] that he can

withdraw his motion to strike out if he has become satisfied that it is not necessary.

Mr. JOHNSTON. My object in submitting that motion was to have a test vote upon these two reports, and I desire, therefore, to have my motion put to the vote.

Mr. SKIFF. Upon consultation with some of the members of the committee, it has been suggested that perhaps it would be well to have the same number of educational districts as of judicial districts in the State. The committee on the judiciary, as I understand, have reported in favor of having but eleven judicial districts. I therefore move to strike out the word "sixteen," and insert the word "eleven;" and insert after the word "members," the words, "to be increased from time to time, as the number of judicial

districts are increased."

Mr. HALL. I do not consider that amendment as of any considerable impor ance one way or the other. The difficulty is this: the manner in which we will be obliged to lay out our judicial districts must necessarily lead to there being a vast disparity of population between the different districts. Take, for instance, the first judicial district. That, I suppose, will be the most populous district in the State. It will contain from sixty to seventy-five thousand inhabitants. But in the western part of the State there will not be half that number of inhabitants in a judicial district. Yet, as this board will be clothed with power over but a single subject, I should not anticipate any serious evil would flow from such an arrangement. But I would prefer, for the sake of the harmonious working of the system, to apportion these districts according to the inhabitants of the State, so that the several districts will have about an equal number of inhabitants, and be represented in this board each by one member.

That is the only objection I have to the proposed amendment. The reduction of the number is no great matter, although I do not believe that the number "sixteen" is too large. I would go further than this report goes, if I had my Mr. SOLOMON. I would ask that the major-way about it. I would make each member of ity report be taken up and considered, section by section, separately.

The CHAIRMAN. That will be done if the motion to strike out is not agreed to.

Mr. SOLOMON. I have called for a division of the motion to strike out and insert. I suppose I can call for a further division upon striking out each section separately.

The CHAIRMAN. The gentleman can accomplish his object equally well the other way.

The question being then taken upon the mo

this board the superintendent of the schools in

his district. I would endeavor to make the machinery of this system more permanent and more efficient.

But I wish it to be understood that I am not

going to stand upon any matters of the character of this amendment, though I think we should have their representation in this board upon an actual population basis.

Mr. SOLOMON. I would suggest to the mover of this amendment, that it would serve the same purpose, if he could make it a little shorter. I

No further amendments being offered to the ed by slight alterations, so as to remove the ob first section

The question was taken, and the amendment after the expiration of two years, and one-half was not agreed to. of the Board shall be chosen every two years thereafter."

No other amendments being offered to the end: second section