CH. 57]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

CHAPTER 57.

DEPARTMENT OF PUBLICITY, DEVELOPMENT AND GENERAL WELFARE.

S. F. 226.

AN ACT authorizing cities to establish by ordinance, upon the approval of the voters thereof, a department of publicity, development and general welfare, and to levy a tax therefor. (Additional to title five (V) of the code.)

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

SECTION 1. Department authorized superintendent-assistants. Any city in this state shall have power to establish by ordinance, upon the terms and conditions hereinafter prescribed, a department under control of the city council, said department to be known as the "department of publicity, development and general welfare," and the mayor, with the approval of the council, shall have power to appoint a superintendent of such department, and may employ such assistants as may be necessary to perform the work of said department, upon such compensation as may be fixed by resolution of such city council.

SEC. 2. Purposes. Said department shall be for the purpose of collecting and distributing, by correspondence, advertising and other means, information relating to the industrial, commercial, manufacturing, residential, educational and other advantages and resources of such city; and for the purpose of encouraging and promoting the establishment and development of industries and manufacturing, commercial and other interests in such cities and the increase of population thereof; and for the purpose of investigating, promoting and doing such things as may be for the general welfare of such city and the inhabitants thereof; provided, however, nothing in this act shall be construed as authorizing cities to invest any funds raised by taxation in private enterprises or to pay from such funds any bonuses for same. The duties of the superintendent and other employes of said department shall be such as may be prescribed from time to time by the city council, and they shall be at all times under the supervision and control of the mayor in performing said duties.

SEC. 3. How established-question submitted-how re-established. The said department can only be established upon the approval of sixty per cent of the legal voters of said city who shall vote on said question, and which question may be submitted by the council of such city at any general, city, or special election for such purpose, at which election the question submitted shall be: "Shall the city of (naming it) establish a department of publicity, development and general welfare?" If said question shall be answered in the affirmative by not less than sixty per cent of the voters voting thereon, the said department may be established for a period of not to exceed five (5) years from the date of such election. Within one year of the end of such period or at any time thereafter the question may be re-submitted and said department re-established for a like period, provided that not less than sixty per cent of the voters thereon vote in favor thereof.

Expenses-how paid. The expenses of said department may be defrayed out of any and all funds received by such city from fines and penalties and out of any funds that may be in the treasury of said city, not derived from general taxation nor from special taxes levied for other purposes.

SEC. 5. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 59

and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa.

Approved April 3, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 4, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 58.

PRIMARY ELECTIONS.

H. F. 353.

AN ACT to amend sections one thousand eighty-seven-a-four (1087-a-4) and one thousand eighty-seven-a-nineteen (1087-a-19) of the supplement to the code, 1907, as amended, relating to the holding of primary elections by political parties.

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

SECTION 1. When held. Section one thousand eighty-seven-a4 (1087-a4) of the supplement to the code, 1907, is hereby amended by striking out the last four words in the third line; and by inserting the word "twelve" in lieu of the word "eight" in the fourth line.

SEC. 2. Canvass by board of supervisors. Section one thousand eightyseven-a19 (1087-a19) of the supplement to the code, 1907, is hereby amended by inserting after the word "on" in the first line and before the word "Tuesday" in the second line the words "the second".

Approved March 30, A. D. 1911.

CHAPTER 59.

PRIMARY ELECTIONS.

H. F. 474.

AN ACT to repeal section one thousand eighty-seven-a-nineteen (1087-a-19) chapter two-A (2-A) of title six (VI) of the supplement to the code, 1907, as amended by seetion ten (10) of chapter sixty-nine (69) acts of the thirty-third general assembly and to enact a substitute therefor, relating to canvass by board of supervisors and certificates in primary elections.

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

SECTION 1. Repeal-canvass by supervisors-certificates. That the law as it appears in section one thousand eighty-seven-a19 (1087-a19) of the supplement to the code, 1907, as amended by section ten (10) chapter sixty-nine (69) acts of the thirty-third general assembly, is hereby repealed and the following substitute enacted in lieu thereof:

"On the second Tuesday next following the primary election in June, the board of supervisors shall meet, open, and canvass the returns from each voting precinct in the county, and make abstracts thereof, stating in words written at length the number of ballots cast in the county by each political party, separately, for each office, the name of each person voted for and the number of votes given to each person for each different office and shall sign and certify thereto and file the same with the county auditor. Such canvass and sertificate shall be final as to all candidates for nomination to any elective county

CH. 60]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

office or office of a sub-division of a county; and the candidate or candidates of each political party for each office to be filled by the voters of any sub-division of a county having received the highest number of votes shall be duly and legally nominated as the candidate of his party for such office. Provided, however, that no candidate whose name is not printed on the official primary ballot, who receives less than five per centum of the votes cast in such sub-division for governor on the party ticket with which he affiliates, at the last general election, nor less than five votes shall be declared to have been nominated to any such office; and the candidate or candidates of each political party for each office to be filled by the voters of the county having received the highest number of votes, and not less than thirty-five per centum of all the votes cast by the party for such office, shall be duly and legally nominated as the candidate of his party for such office. Provided, however, that no candidate whose name is not printed on the official ballot, who receives less than ten per centum of the whole number of votes cast in the county for governor on the party ticket with which he affiliates, at the last general election, shall be declared to have been nominated to any such office; and each candidate so nominated shall be entitled to have his name printed on the official ballot to be voted for at the general election without other certificate, and the board shall prepare and certify a list of the candidates of each party so nominated, separately, and deliver to the chairman of each party central committee for the county a copy of the list of candidates nominated by the party he represents; and shall also prepare, certify and deliver to such chairman a list of the offices to be filled by the voters of a county for which no candidate of his party was nominated, together with the names of the candidates for each of such offices voted for at the primary election and the number of votes received by each of such candidates."

Approved April 11, A. D. 1911.

CHAPTER 60.

REMOVAL OF OFFICERS FOR MISFEASANCE, MALFEASANCE OR NONFEASANCE

IN OFFICE.

S. F. 201.

AN ACT to amend the law as it appears in chapter seventy-eight (78) acts of the thirtythird (33d) General Assembly relating to the removal of officers for misfeasance, malfeasance or nonfeasance in office.

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

SECTION 1. Supervisors included. That the law as it appears in section one (1) chapter seventy-eight (78) acts of the thirty-third (33d) general assembly be and the same is hereby amended by adding after the word "county attorney" in line 1 of section 1 the following; "any member of the board of supervisors".

Approved April 12, A. D. 1911.

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[CH. 62

CHAPTER 61.

EXEMPTION OF PROPERTY FROM TAXATION.

S. F. 90.

AN ACT to amend the law as same appears in section thirteen hundred and four (1304), of the supplement to the code, 1907, relating to the exemption of property from taxation.

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

SECTION 1. Real estate owned by educational institution. Paragraph two (2) of the law as it appears in section thirteen hundred and four (1304), of the supplement to the code, 1907, is hereby amended by striking from said section and repealing the following words, found in lines 14, 15 and 16 of paragraph two (2), thereof: "provided, however, that real estate owned by an educational institution of this state as part of its endowment fund shall not be taxed", and substituting therefor the following words: "real estate to the extent of not to exceed one hundred sixty (160) acres in any civil township, owned by any educational institution of this state as a part of its endowment fund, shall not be taxed".

Approved April 11, A. D. 1911.

CHAPTER 62.

EXEMPTION OF PROPERTY FROM TAXATION.

S. F. 24.

AN ACT to repeal subdivision seven (7) of section thirteen hundred and four (1304) of the supplement to the code, 1907, and to enact a substitute therefor pertaining to the exemption from taxation of property of an honorably discharged union soldier or sailor of the Mexican war or the war of the rebellion or of the widow of such soldier or sailor.

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

SECTION 1. Repeal-what property exempt. That sub-division seven of section thirteen hundred and four (1304) of the supplement to the code, 1907, be and the same is hereby repealed and the following enacted in lieu thereof:

"The property not to exceed twelve hundred dollars in actual value, of any honorably discharged union soldier or sailor of the Mexican war or of the war of the rebellion or of the widow remaining unmarried of such soldier or sailor. It shall be the duty of every assessor annually to make a list of such soldiers, sailors, widows, and to return such list to the county auditor, upon forms to be furnished by such auditor for that purpose; but the failure on the part of any assessor so to do shall not affect the validity of any exemption. All soldiers, sailors or widows thereof referred to herein shall receive a reduction of twelve hundred dollars at the time said assessment is made by the assessor unless waiver thereof is voluntarily made of said exemption at said time."

Approved March 17, A. D. 1911.

CH. 63]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

CHAPTER 63.

TAXATION OF MONEYS AND CREDITS, BANK STOCKS AND BANKING CAPITAL.

S. F. 387.

AN ACT amending sections thirteen hundred and ten, (1310), and thirteen hundred and eleven, (1311), of the code, and the law as it appears in section thirteen hundred and twenty-one (1321), of the supplement to the code, 1907, relating to the taxation of moneys and credits and private banks, and repealing the law as it appears in section thirteen hundred and twenty-two (1322), of the supplement to the code, 1907, and enacting a substitute therefor relating to the taxation of the shares of stock of national banks, state and savings banks and loan & trust companies, and defining moneyed capital, and providing for the taxation thereof.

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

SECTION 1. Millage tax on moneys and credits-moneyed capital-how and where assessed. Section thirteen hundred and ten (1310), of the code is hereby amended by striking from the last line thereof the words "as provided in this chapter", and substituting therefor the words "and, excepting shares of stock of national, state and savings banks and loan and trust companies, and moneyed capital as hereinafter defined, shall be taxed upon the uniform basis throughout the state of five (5) mills on the dollar of actual valuation, same to be assessed and collected where the owner resides. The millage tax here provided for shall be in lieu of all other taxes upon moneys and credits and shall be levied by the board of supervisors, placed upon the tax list and collected by the county treasurer, and the amount collected in the various taxing districts of the state shall be divided between the various funds upon the same pro rata basis as other taxes collected in such taxing district are apportioned. All moneyed capital within the meaning of section five thousand two hundred and nineteen (5219) of the revised statutes of the United States shall be listed and assessed against the owner thereof at his place of business, and if a corporation at its principal place of business, at the same rate as state, savings, national bank and loan and trust company stock is taxed, in the same taxing district, and at the actual value of the moneyed capital so invested. The person or corporation using moneyed capital in competition with bank capital shall furnish the assessor upon demand a full and complete itemized sworn statement showing the amount of moneyed capital so used." SEC. 2. No deduction for debts on bank stocks or moneyed capital. Section thirteen hundred and eleven (1311), of the code is hereby amended by adding thereto the following words: "Provided, however, that no deduction for debts shall be allowed from the shares of stock of any state, savings or national bank or loan and trust company, nor from moneyed capital used in competition with banks, within the meaning of section five thousand two hundred and nineteen (5219), of the revised statutes of the United States."

SEC. 3. Private banks. The law as it appears in section thirteen hundred and twenty-one (1321), of the supplement to the code, 1907, is hereby amended by striking from lines four and five of sub-division five thereof the words "and of debts owing by such bank, as provided in this chapter", and by also striking from line six of said sub-division five the words "exempt, or".

SEC. 4. National, state and savings banks. Section thirteen hundred and twenty-two (1322), of the supplement to the code, 1907, is hereby repealed and the following enacted in lieu thereof:

"Shares of stock of national banks and state and savings banks, and loan & trust companies, located in this state, shall be assessed to the individual stockholders at the place where the bank or loan and trust company is located.