State or Territorial.

A Secretary of the Territory was provided for in the third section. This
officer stood next to the Governor in importance; and in case of the
death, removal, resignation, or necessary absence from the Territory of
the latter he was authorized and required to execute and perform the
gubernatorial powers and duties. The Secretary was appointed by the
President for a term of four years, but was subject to removal at
any time. His chief duty was to record and preserve the laws, acts, and
proceedings of both the Legislative Assembly and the Governor, and
yearly transmit copies thereof to the President of the United States and
to the Speaker of the House of Representatives.

The legislative power was, by the fourth section of the Constitution,
"vested in the Governor and a Legislative Assembly." The Assembly was a
representative body organized on the bicameral plan into a "Council" and
a "House of Representatives." The Council consisted of thirteen members,
elected biennially; while the House of Representatives had just double
that number, elected annually. The members of both houses were chosen
directly by the qualified voters of the Territory. They were
elected by districts, and apportioned on the basis of population. The
Assembly was to meet annually; "but no session in any year shall exceed
the term of seventy-five days."

A lavish delegation of power was granted to the Legislative Assembly by
the sixth section of the Constitution which provided "that the
Legislative power of the Territory shall extend to all rightful subjects
of legislation." Just what is meant by "rightful subjects of
legislation" is nowhere stated. But from the pages of the Territorial
statutes it is manifest that the important subjects of legislation were
in general the establishment of local government, the creation of
business and public corporations, the maintenance of the institution of
private property, the fulfilment of contracts, and the guarantee
of personal security. The sphere of legislation granted to the Territory
was larger than that reserved to the Commonwealth of Iowa.

It would, however, be a grave mistake to view the powers of the
Legislative Assembly as unlimited, since the Constitution of the
Territory contains (_a_) certain specific prohibitions, (_b_) a
general limitation, and (_c_) a Bill of Rights. The specific
prohibitions are: "no law shall be passed, interfering with the
primary disposal of the soil