LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 20

CHAPTER 20.

COMMITTEE ON RETRENCHMENT AND REFORM.

H. F. 519.

AN ACT to amend section one hundred eighty-one (181) of the code relating to joint committee on retrenchment and reform.

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

SECTION 1. Committee on retrenchment and reform. That section one hundred eighty-one (181) of the code be amended by adding after the comma following the word "respectively" in the third line of said section the following "and two (2) members of the minority party from the senate and two (2) members of the minority party from the house."

SEC. 2. Minority members added. That said section one hundred eightyone (181) of the code be amended by adding thereto the following; "The minority members herein before provided for shall be appointed by the president of the senate and the speaker of the house, respectively, and if there be more than one (1) minority party represented in either the house or senate, consisting of five or more members, one (1) member shall be appointed from each of said minority parties and if there be more than two (2) such minority parties, the appointment shall be from the two (2) minority parties having the greatest representation."

SEC. 3. Additional authority granted-organization-expenses-how paid. That said section one hundred eighty-one (181) of the code is hereby amended by adding thereto additional to the amendment in section two (2) hereof, the following; "The authority granted by law to the joint committee on retrenchment and reform shall continue after adjournment of the legislature and until the succeeding legislature shall reconvene and organize, with the same force and effect as is now granted by law to such committee during the period the legislature is in session. Said committee shall organize by the election of one (1) of its members as chairman and another of its members as secretary and may meet at such times and places as may be ordered by resolution or upon call of the chairman and three (3) other members of said committee, and the actual expenses of attendance at meetings other than those held during the time the legislature is in session shall be presented and audited by the executive council and paid from any funds in the state treasury not otherwise appropriated and said committee shall make a record of its meetings and transactions, which record shall be kept in the office of the secretary of state and shall be open to public inspection."

SEC. 4. In effect. This act being deemed of immediate importance shall tale effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa.

Approved April 16 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader and Des Moines Capital April 19, 1913.

W. S. ALLEN. Secretary of State.

CH. 21]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 21.

LIABILITY FIXED ON CONTRACTS ENTERED INTO WITH STATE OR ANY MU

NICIPAL CORPORATION.

H. F. 380.

AN ACT to fix and declare the liability of persons, firms or private corporations, enter ing into contracts with the state of Iowa, or with any county, city, town, city organized under special charter, school corporation or with any municipal corporation now existing or hereafter created and to provide for immunity to witnesses in proceedings to establish such liability, and to fix and declare the measure of damages for violation of this act. [Additional to chapter nine (9) of title two (II) of the code relating to duties assigned to two or more officers and general regulations.]

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

SECTION 1. Certain statutory terms in every contract-obtaining contracts by collusion prohibited-liquidated damages. The following provision shall be deemed and held to be a part of every contract hereafter entered into by any person, firm or private corporation with the state of Iowa, or with any county, city, town, city acting under special charter, cities acting under commission form of government, school corporation or with any municipal corporation, now or hereafter created, whether said provision be inserted in such contract or not, to-wit:

The party to whom this contract has been awarded, hereby represents and guarantees that he has not, nor has any other person for or in his behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby he has paid or is to pay to any other bidder or public officer any sum of money or anything of value whatever in order to obtain this contract; and that he has not, nor has another person, for or in his behalf, directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this contract and agrees that the establishment of the falsity of these representations and guaranties, or any of them, and he hereby agrees that in case it hereafter be established that such representations or guarantees, or any of them, are false, he will forfeit and pay not less than five per cent (5%) of the contract price but in no event be less than three hundred dollars ($300.00), as liquidated damages to the other contracting party.

SEC. 2. Witness required to testify-evidence not incriminating. In any action in any court wherein the falsity of such representations and guaranties are at issue, no witness shall be privileged from testifying to any matter or from producing any books, papers, or letters, on the ground that the same might or would tend to render such witness criminally liable, but such witness shall not be prosecuted for any offense whatever growing out of or connected with the matters and things so testified to or produced by him, provided such witness shall not be exempt from prosecution for perjury committed in so testifying.

Approved April 19 A. D. 1913.

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 22

CHAPTER 22.

ORGANIZATION OF SUPREME COURT.

H. F. 160.

AN ACT to repeal sections one hundred ninety-three (193) and one hundred ninetyfour (194) of the code and to enact a substitute there for providing for an increase in the number of judges in the supreme court of Iowa and providing for a division of said court into sections, and to amend section ten hundred sixty-six (1066) of the supplement to the code, 1907, in reference to the selection of the chief justice of said court.

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

SECTION 1. Repeal-additional judge. Section one hundred ninety-three (193) of the code is hereby repealed and the following enacted in lieu thereof. That hereafter the supreme court of Iowa shall consist of seven judges, four of whom shall constitute a quorum to hold court, but one (1) alone thereof may adjourn from day to day or to a certain day or until the next term.

SEC. 2. Appointment by governor-confirmed by senate-term. The additional judge provided for in this act shall be filled by appointment by the governor after the taking effect of this act. The governor shall communicate such appointment to the senate. No nomination shall be considered by the senate until the same has been referred to a committee of five to be appointed by the president of the senate without the formality of a motion, which committee shall make its report to the senate in executive session at any time when called for by the senate. The consideration of the nomination by the senate shall not be had on the same legislative day the nomination is referred. The appointee shall be voted on and it shall require the concurrence of twothirds of all the members elected to the senate to confirm such appointment. The person so appointed and confirmed shall hold office until the first day of January following the general election in the year 1914 and until his successor is elected and qualified which successor shall, at the general election in the year 1914 and each six years thereafter, be elected for the full term of six years.

SEC. 3. Repeal-organization. Section one hundred ninety-four (194) of the code is hereby repealed and the following enacted in lieu thereof:

The court shall organize after the appointment and confirmation of the additional judge provided for by this act and may then be divided into two sections, the chief justice presiding in open court with each of said sections. The said sections so provided for in this act may hold open court separately and cases may be submitted to each section separately in accordance with the rules that shall be provided for by the supreme court. The said supreme court shall also adopt rules for the submission of any case or petition for rehearing whenever differences shall arise between members of either section or whenever the chief justice shall order or direct the submission of said question or petition for rehearing to the whole court. The supreme court shall make all rules and regulations necessary to provide for the submission of cases to the entire bench or to the separate sections herein provided for.

SEC. 4. Chief justice how chosen. Section ten hundred sixty-six (1066) of the supplement to the code, 1907, is hereby amended by striking out the words "and the judge whose term of office shall soonest expire shall be chief justice and when it occurs that two judges shall be equally entitled, they shall

CH. 23]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

each hold the place of chief justice for one year and the one who is senior in age shall hold for the first of the two years to which they are equally entitled," and insert in lieu thereof the following:

"Of the judges whose terms of office first expire, the senior in time of service shall be chief justice for one year, and, if there be but two of them, the junior for one year, and so on in rotation. If two or more are equal in time of service, then the right to the position and the order in which they serve shall be determined by seniority in age. And at the last term in each year, the supreme court shall determine and enter of record, who, under these rules, shall be chief justice for the year next ensuing."

SEC. 5. Acts in conflict repealed. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 6. 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 and the Des Moines Capital, newspapers published in Des Moines, Iowa.

Approved April 15 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital April 16, 1913.

W. S. ALLEN, Secretary of State.

CHAPTER 23.

APPOINTMENT OF ASSISTANT ATTORNEY GENERAL.

S. F. 348.

AN ACT to repeal section two hundred twelve (212) of the supplement to the code, 1907, relating to the appointment of an assistant attorney general and to his salary, and to enact a substitute therefor.

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

SECTION 1. Repeal-assistant-salary. That section two hundred twelve (212) of the supplement to the code, 1907, be and the same is hereby repealed, and the following enacted in lieu thereof:

"He may appoint one (1) assistant who shall be required to devote his entire time to the duties of his office and who shall receive an annual salary of twenty-five hundred dollars ($2500)."

SEC. 2. In effect. This act being deemed of immediate importance shall be in full force and effect from and after its passage and publication in the Register and Leader, and the Des Moines Capital, newspapers published at Des Moines, Iowa.

Approved April 19 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader, and the Des Moines Capital April 25, 1913.

W. S. ALLEN, Secretary of State.

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 25

CHAPTER 24.

TENTH JUDICIAL DISTRICT.

H. F. 391.

AN ACT to amend the law as it appears in section two hundred and twenty-seven (227) of the supplement to the code, 1907, relative to judicial districts and the number of judges therein and to provide for three judges in the tenth judicial district.

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

SECTION 1. Number of judges in tenth district. That the law as it appears in section two hundred twenty-seven (227) of the supplement to the code, 1907 be and the same is hereby amended by striking out the eleventh (11th) paragraph of said section, and inserting in lieu thereof the following:-"The tenth district shall consist of the counties of Delaware, Buchanan, Black Hawk and Grundy, and have three judges."

SEC. 2. Appointment by governor to fill vacancy. That upon this act becoming a law, it shall be the duty of the governor to appoint a judge to fill the vacancy which will then exist in the tenth judicial district, and the judge so appointed shall serve until January 1st, 1915 and until his successor is elected and qualified, which successor shall be elected at the general election in 1914 and every four years thereafter.

SEC. 3. In effect. This act being deemed of immediate importance, shall be in full force and effect from and after its publication in the Des Moines Capital and The Register and Leader, newspapers published at Des Moines, Iowa.

Approved April 9 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader and in the Des Moines Capital April 14, 1913.

W. S. ALLEN, Secretary of State.

CHAPTER 25.

JUDICIAL DISTRICTS COMPOSED WHOLLY OF ONE COUNTY.

H. F. 110.

AN ACT to provide for the nomination of district judges in judicial districts composed wholly of one county and having a population of 75,000 or more, at the primary election. [Additional to chapter five (5) of title three (III) of the code relating to the district court.]

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

SECTION 1. Judges-how nominated and elected. That in any county of this state which is or shall hereafter become a judicial district of itself and which has a population of 75,000 or more as shown by any national or state census, the judges of the district court of such judicial district shall be nominated at the primary election provided for by the laws of this state and all the provision of the primary law relative to the nomination of county offi