912 [April 9, JOURNAL OF THE SENATE eig1r.th. G6'IUIf'QJ Assembl", tlul Sfm(I,te COMII.rring, that the House and Senate meet in a joint convention at 11 :30 a.m. on April 10, 1959, in the House chamber to participate in a program to welcome and receive its honored guests. The motion prevailed and the resolution was adopted. Senator O'Malley called up the following resolution and moved its adoption: HOUSE CONCURRENT RESOLUTION 11 WMreCJB, plans have been formulated for the creation and erection of a Lincoln statue (Lincoln and his son Tad) on the statehouse grounds by a committee selected by the Governor and organized as the "Friends of Lincoln," a non-profit benevolent organization of the State of Iowa, and W1wIreas, the site chosen for the location of such statue is the north fountain circle on the esplanade of the west statehouse front, Therefore, Be It Resolved h1I the House, the Senate CO'nC'Uf"f'ing, that the Fifty-eighth General Assembly of Iowa recommends that the Executive Council of the State of Iowa grant permission and authority to said group or organization, "Friends of Lincoln" to erect such statue at such chosen site. The motion prevailed and the resolution was adopted. HOUSE AMENDMENTS CONSIDERED Senator Shaif called up for consideration Senate Joint Resolution 7, a joint resolution proposing to amend Article Five (V) of the Constitution of the State of Iowa relating to the supervisory and administrative control of the inferior courts by the Supreme Court; to the qualifications, selection, tenure, compensation, powers and duties of judicial nominating commission members, judges and other judicial officers and to the mandatory retirement with compensation of judges of the Supreme and District Courts, amended by the House as follows: Amend Senate Joint Resolution 7 as follows: 1. By inserting after the period (.) in line 21 the following: "Until July', 1973, and thereafter unless otherwise provided by law, the State Judicial Nominating Commission shan be composed and selected as follows:". 2. By inserting after the period (.) in line 34 the following: "Until July', 1973, and thereafter unless otherwise provided by law. District Judicial Nominating Commissions shall be composed and selected as follows:". Senator Putney offered the following amendment to the House and moved its adoption: Amend the House amendment to Senate Joint Resolution 7 as followa: By striking all of divisions 1 and 2 and inserting in lieu thereof the following: Digitized by Coogle 1959] 911 JOURNAL OF THE 'SENATE "1. By strikiDg the period (.) in line 21 and inserting in lieu thereof the following: 'until July 4, 1973, and thereafter unless otherwise provided by law. The State Judicial Nominating Commission shall be composed and selected as follows:'. "2. By striking the period (.) in line 34 and inserting in lieu therepf the following: , 'until July 4, 19'13, and thereafter unless otherwise provided by law. The District Judicial Nominating Commissions shall be composed and selected 8S follows: .... Roll call was demanded. 1• On the question "Shall the amendment to the amendment be adopted T" the vote was: Ayes, 23: Boothby Byers Coleman Edelen Eppers Fisher Nays, 24: Buck Butler Elijah Evans Getting Gilmour Frommelt Gillespie Grimstead Hansen Hoffman Mincks Moore Nolan O'Connor O'Malley Potter Prentis Price Putney Scott Vance Walker Harbor Henry Hill Hoschek• Hoxie Jznes mer Prince Rigler Ringgenberg Schroeder Shaff Shoeman Stuart Turner Weber Wolf Long Absent or not voting. 3: Dewel Dykhouse McCurdy The amendment was lost. Senator Nolan called up the following amendment and moved its adoption: Amend the House amendment as follows: 1. By striking the following in line 4 "Until July 4, 1973. aDd thereafter unless" and inserting in lieu thereof "Unless". 2. By striking the following in line 9 "Until July 4. 1973, and thereatter unless" and inserting in lieu thereof "Unless". Senator Mincks moved the previous question on the amendment to the amendment which motion prevailed. Roll call was demanded. On the question "Shall the amendment to the amendment be adopted 1" the vote was: Ayes, 22: Boothby Byers Coleman Eppers Fisher Frommelt Gillespie Grimstead Hansen Hofl'man Mincks Moore Digitized by Coogle 914 [April 9, JOURNAL OF THE SENATE Potter Nolan Prentis O'Connor O'Malley Price Nays, 27: Getti Buck G'Ilmour ng Butler Dewel Harbor Henry Dykhouse Edelen Hill Elijah Hoschek Hoxie Evans Absent or not voting, 1 : McCurdy Putney Scott Vance Walker Long Lynes Miller Prince Rigler Ringgenberg Schroeder Shaff Shoeman Stuart Turner Weber Wolf The amendment to the amendment was lost. Senator Shaff moved that the Senate concur in the House amendments, which motion prevailed, and the Senate concurred in the House amendments. Senator Shaff moved that the resolution as amended by the House and concurred in by the Senate be read a last time now, which motion prevailed, and the resolution was read a last time. Senate Joint Resolution 7, a joint resolution proposing to amend Article Five (V) of the Constitution of the ttate of Iowa relating to the supervisory and administrative control of the inferior courts by the Supreme Court; to the qualifications, selec'tion, tenure, compensation, powers and duties of judicial nominating commission membors, judges and other judicial officers and to the mandatory retirement with compensation of judges of the Supreme and District Courts. Be It Resolved by the General As.c;embly of the State of Iowa: Section 1. An amendment to the Constitution of the State of Iowa as it appears in the Code of 1958 is proposed as follows: Article Five (V) is amended in the following manner: 1. Section four (4) is amended by striking from lines eight (8) and nine (9) of such section the words, "exercise a supervisory" and inserting in lieu thereof the words, "shall exercise a supervisory and administrative". 2. Sections three (3), five (5), nine (9) and eleven (11) are repealed. 3. The following sections are added thereto: "Section 15. Vacancies in the Supreme Court and District Court shall be filled by appointment by the Governor from lists of nominees submitted by the appropriate judicial nominating commission. Three Digitized by Coogle 1959] 916 JOURNAL OF THE SENATE nominees shall be submitted for each Supreme Court vacancy, and two nominees shall be sU'bmitted for each District Court vacancy. If the Governor fails for thirty days to make the appointment, it shall be made from such nominees by the Chief Justice of the Supreme Court. "Section 16. There shall be a State Judicial Nominating Commission. Such commission shall make nominations to fill vacancies in the Supreme Court. Until July 4, 1973, and thereafter unless otherwise provided by law, the State Judicial Nominating Commission shall be composed and selected as follows: There shall be not less than three nor more than eight appointive members, as provided by law, and an equal number of elective members on such Commission, all of whom shall be electors of the state. The appointive members shall be appointed by the Governor suhject to confirmation by the Senate. The elective members shall be elected by the resident members of the bar of the state. The judge of the Supreme Court who is senior in length of service on said Court, other than the Chief Justice, shall also be a member of such Commission and shall be its chairman. "There shall ,be a District Judicial Nominating Commission in each judicial district of the state. Such commissions shall make nominations to fill vacancies in the District Court within their respective districts. Until July 4, 1973, and thereafter unless otherwise provided by law, District Judicial Nominating Commissions shall be composed and selected as follows: There shall be not less than three nor more than six appointive members, as provided by law, and an equal number of elective members on each such commission, all of whom shall be electors of the district. The appointive members shall be appointed by the Governor. The elective members shall be elected by the resident members of the bar of the district. The district judge of such district who is senior in length of service shall also be a member of such commission and shall be its chairman. "Due consideration shall be given to area representation in the appointment and election of Judicial Nominating Commission members. Appointive and elective members of Judicial Nominating Commissions shall serve for six year tenns, shall be ineligible for a second six year term on the same commission, shall hold no office of profit of the United States or of the state during their terms, shall be chosen without reference to political affiliation, and shall have such other qualifications as may be prescribed by law. As near as may be, the terms of one-third of such members shall expire every two years. "Section 17. Members of all courts shall have such tenure in office as may be fixed by law, but terms of Supreme Court Judges shall be not less than eight years and terms of District Court Judges shall be not less than six years. Judges shall serve for one year after Digitized by Coogle 916 [Aprll 9, JOURNAL OF THE SENATE appointment and until the first day of Janu6ry following the next judicial election after the expiration of such year. They shall at such judicial election stand for retention in office on a separate ballot which shall submit the question of whether such judge shall be retained in office for the tenure prescribed for such office and when such tenure is a term of years, on their request, they shall, at the judicial election next before the end of each term, stand again for retention on such ballot. Present Supreme Court and District Court Judges, at the expiration of their respective terms, may be retained in office in like manner for the tenure prescribed for such office. The General Assembly shall prescribe the time for holding judicial elections. "Section 18. Judges of the Supreme Court and District Court shall receive salaries from the state, shall be members of the bar of the state and shall have such other qualifications as may be prescribed by law. Judges of the Supreme Court and District Court shall be ineligible to any other office of the state while serving on said court and for two years thereafter, except that District Judges shall be elgible to the office of Supreme Court Judge. Other judicial officers shall be selected in such manner and shall have such tenure, compen· sation and other qualification as may be fixed by law. The General Assembly shall prescribe mandatory retirement for Judges of the Supreme Court and District Court at a specified age and shall provide for adequate retirement compensation. Retired judges may be subject to special assignment to temporary judicial duties by the Supreme Court, as provided by law." Sec. 2. The foregoing proposed amendment to the Constitution of the State of Iowa is hereby referred to the General Assembly to be chosen at the next general election and the Secretary of State is directed to cause the same to be published as provided by law for three months previous to the time of making such choice. On the question "Shall the resolution pass ttl the vote was: Yeas, 30: Buck Butler Coleman Dewel Dykhouse Edelen Elijah Evans Fisher Getting Gillespie Gilmour Hansen Henry Hill Hoffman Nays, 16: Boothby Byers Eppers Frommelt Grimstead Harbor Hoxie Mincks Hoschek Long Lynes Miller O'Malley Prince Rigler Nolan O'Connor Potter .Prentis Schroeder Shaff Shoeman Stuart Walker Weber Wolf Putney Ringgenberg Scott Turner Digitized by Coogle 1959] 917 .JOURNAL: OF THE SENATE Abeent or Dot votiDg. 4: HcCurdy Moore Price Vance The resolution having received a constitutional majority. clared to have passed the Senate and the title was agreed W, Senator Sha1f· moved that the vote by which the resolution passed the Senate be· reconsidered and that the motion to reconsider be laid on the table, which motion prevailed. UNFINISHED BUSINESS On motion of Senator Nolan, House File 340, a bill for ail' aot relating to the highway systems in the state, .was taken up for further consideration. . . Senator Nolan offered the following amendment: 1. Amend Houl4I File 340 by striking all of linea 20 and 21 and inserting in lieu thereof the following: "year the traffic on the section in question exceeds three hundred (300) vehicles per day it shall remain in the pri- mary". 2. Further amend House File 840 by striking all of line 28 and inserting in lieu thereof the following: "section does not exceed three hundred (800) vehicles per day,", Senator Dykhouse offered the following amendment to the amendment, filed by Senators Schroeder and Dykhouse, and moved its adoption: Amend the amendment by striking in line 3, the words and figures i'three hundred (300)'" and inserting in lieu thereof the words and figures "seven hundred (700)",· . Further amend the Nolan amendment by striking in line 7, tile Words and figures "three hundred (300)" and inserting in lieu thereof the words and figures "seven hundred (700)". . The amendment to the amendment was lost. Senator Nolan offered the following amendment to the amendment . and moved its adoption : Amend the amendment as follows: 1. Lines 1 and 2 by striking the figures "20 and 21" and inserting in lieu thereof "22 and 23". 2. Line 6 by striking the figure "23" and inserting in lieu thereof "25", The amendment to the amendment was adopted .. Senator Nolan asked unanimous consent to withdraw his amendment as amended. Objeetion was raised. . On the adoption of the amendment as amended roll call was delJ1anded. Digitized by Coogle