416 



IOWA. 



the Supreme Court for review, where the de- 

 cision was reversed. A long and exhaustive 

 opinion was pronounced by Judge Buskirk, in 

 which the constitutional bearings of the case 

 were discussed. Kegarding the limitations im- 

 posed upon the powers of the State by the 

 thirteenth and fourteenth amendments of the 

 Federal Constitution, the court said : 



1. The State cannot in the future, while a member 

 of the Federal Union, change her constitution so as 

 to create or establish slavery or involuntary servi- 

 tude, except as a punishment for crimes whereof the 

 party shall have been convicted thus protecting the 

 new class of citizens, i. e., negroes and inulattoes, 

 from being again reduced to slavery. 



2. The State cannot deny to nor deprive a citizen 

 of the United States, i. e., any negro or mulatto, of 

 those national rights, privileges, or immunities, 

 which belong to him as such citizen. 



3. The State must recognize as its citizen any citi- 

 zen of the United States, i. e., any negro or mulatto, 

 who is or becomes a bona-fide resident therein. 



4. The State must give to such, i. e., to such negro 

 or mulatto, who is or who becomes a lona-jide resi- 

 dent therein, the same rights, privileges, and immu- 

 nities, secured by her constitution and laws to her 

 other, i. e., to her white citizens. 



And speaking of the effect of the fourteenth 

 amendment upon the rights of the negroes, the 

 court said : 



The Legislature, under our State constitution as it 

 existed without the limitation imposed upon the 

 sovereign power of the State by the fourteenth 

 amendment, as hereinbefore stated, had the power 

 to provide for the education only of the white 

 children of the State ; but, since its ratification, no 

 system of public schools would be general, uniform, 

 and equally open to all, which did not provide for 

 the education of the colored children of the State. It 

 being settled that the Legislature must provide for 

 the education of the colored children as well as for 

 the white children, we are required to determine 

 whether the Legislature may classify such children, 

 by color and race, and provide for their education in 

 separate schools, or whether they must attend the 

 same school, without reference to race or color. In 

 our opinion the classification of scholars on the basis 

 of race or color, and their education in separate 

 schools, involve questions of domestic policy which 

 are within the legislative discretion and control, and 

 do not amount to an exclusion of either class. In 

 other words, the placing of the white children of the 

 State in one class and the negro children of the State 

 in another class, and requiring these classes to be 

 taught separately, provision being made for their 

 education in the same branches, according to age, 

 capacity, or advancement, with capable teachers, and 

 to the extent of their pro-rata share in the school 

 revenue, does not amount to a denial of equal priv- 

 ileges to either, nor conflict with the open character 

 of the system required by the constitution. 



The conclusion is as follows : 



"We are very clearly of the opinion that the act of 

 May 13 ; 1869, is constitutional, and that, while it re- 

 mains in force, colored children are not entitled to 

 admission into the common schools which are pro- 

 vided for the education of the white children. 



Judge Osborn, the only Eepublican on the 

 bench, entered a qualified dissent from the 

 views of the court, without going into any 

 discussion of the subject. 



IOWA. The biennial session of the Legisla- 

 ture of Iowa began at Des Moines the llth of 

 January, and came to a final adjournment on 



the 19th of March. About two weeks were 

 spent by the House of Representatives in an 

 attempt to elect a Speaker, there being an ex- 

 actly equal division between the supporters of 

 J. H. Gear, the candidate of the Republicans, 

 and J. W. Dixon, the candidate of the Anti- 

 Monopolists. About 140 ballots were taken 

 without any material variation in the vote, but 

 finally some of the supporters of Dixon gave 

 way and Gear was elected. Scarcely any im- 

 portant legislation was effected during the ses- 

 sion. The subject that absorbed the largest 

 share of attention was that of the regulation 

 of railroad transportation. Early in the ses- 

 sion the following resolution was referred to 

 the Committee on Railroads in the Senate : 



Resolved, That the Eailroad Committee be re- 

 quested to report a bill or bills, if they deem proper, 

 as soon as possible, upon the following subjects : 



1. Kegulating and providing for a reasonable max- 

 imum rate of freights and passenger-fare on and over 

 the railroads of this State. 



2. Prohibiting railroad companies doing business 

 in this State from hereafter buying or holding any 

 more- real estate than is necessary to carry on the 

 legitimate business of railroading therein, and to 

 prohibit the consolidation of parallel or competing 

 lines of railway in this State, and to prevent the 

 issuing of any stock or bonds by any railway com- 

 pany, except the same is in good faith actually paid 

 for in money or other valuable consideration. 



8. Prohibiting railroad companies from issuing 

 free passes or passes at a discount from the uniform 

 rate to any person holding office as a member of the 

 General Assembly or Judges of the Supreme Court, 

 Circuit or District Court, Judges or State officers. 



4. And prohibiting railroad companies from grant- 

 ing or giving to any of its officers any special privi- 

 lege in carrying passengers or freight by express 

 or otherwise over their respective lines or roads; 

 and 



5. Taxing railroads and railroad property as the 

 property of individuals. 



These subjects were under consideration a 

 large share of the time during the session, and 

 a variety of bills were offered and debated, but 

 the only act passed was one "to establish 

 reasonable maximum rates of charges for the 

 transportation of freight and passengers on the 

 different railroads of this State." This fixes 

 the maximum rate for passenger-fare at three 

 cents a mile, and provides that the Executive 

 Council shall, previous to the 4th day of July 

 in each year, classify the several roads of the 

 State, the classification to be based on the re- 

 ports of earnings of rbads made by their respec- 

 tive officers. A schedule of rates for the trans- 

 portation of freight is provided for each class 

 of roads. The reports of the officers of all rail- 

 roads located in the State are required to be 

 made during the month of January, 1875, and 

 each succeeding January thereafter ; but for 

 the purposes of classification for the year end- 

 ing July 3, 1875, it is provided that the "re- 

 ports from the railroad corporations of this 

 State for the year 1873, made pursuant to the 

 provisions of section 1,280 of the Code," shall 

 be used. It so happens that section 1,280 of 

 the Code provides no penalty for failure to 

 make reports, the only remedy being that any 



