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DOCUMENTS
OEPT.
T H E
CONSTITUTION
0 F :\n K
STATE OF ARKANSAS.
P'RAMED and AdOPXKD «Y TIUJ t_'oX\ K.NTION WHICH ASSEMBLED AT
Little Kock, July 14tji, ;.S7'1, a>' nHatuied
BY THE PEOPLE OF THE STATE,
At the Election hkljj Oct. 13th, 1874.
MARGINAL NOTES,
A^ Documentary History of tlie Constitution,
And a Copious Index, *
IN THE NATO RE OF
A. DiaEST.
By JAMES M. POMKltOV.
OK THS: BAK 'II' MITL,. ROCK.
p. A. LADUE. Printer.
LITTLE ROCK, ARK.
1876.
v^
otv^-
OFFICE OF SECRETARY OF STATE, "^
Little Rock, Arkansas. )
I, B. B. Beavers, Secretary of State of Arkansas, do hereby certify that the
annexed is a true, complete, and full copy of the Constitution of the State of
Arkansas, framed by the Constitutional Convention of the people of said State,
and adopted by the said Convention on the seventh day of September, in the
year of our Lord one thousand eight hundred and seventy-four; as appears by
comparing the same with the original roll of said Constitution now on file in
this office.
^ — ■-'' s In Testimony Whereof, / have hereunto set mij hand and
J ( (Mxcd my official sad, at Little Rock, this ninth day of
^. OF THK > •' ./ I -- •
y SKCRKTAKY }^ Jiiiie, A. D. eighteen hundred and seventy-six!
{.:::::: 4 :^>^^ b.b. beavers.
/^
""" ' Secretary of State.
PREFACE
This edition of the Constitution of Arkansas has been prepared in pursuance
of the provisions of an act of General Assembly, approved December 15th, 1874,
entitled " An Act to provide for the Publication of the Organic Law of the State."
The text is an exact copy of the original, on file in the office of the Secretary
of State ; the punctuation, orthography, etc., having been implicitly follovi^ed in
the minutest particular. A few clerical errors occur in the engrossed document.
In some such instances, superfluous letters or words have been enclosedin brack-
ets, an omission, or other accidental error of orthography, corrected in parenthe-
•sis, by the Editor.
The Index appended has been made so full as to approach the character of a
concordance; every important word being noted, and the same matter indexed
under several heads. As a rule, the text has been more or less fully digested,
under the appropriate principal headings. (See, for example, under " General
Assembly.") Under the subordinate headings, and in other instances, mere
reference to article and section has been given ; the sole. aim of the Editor hav-
ing been to subserve the purposes of practical convenience.
J. M. P.
lAttle Rock, May l^Y, 1876.
Digitized by the Internet Archive
in 2008 with funding from
IVIicrosoft Corporation
http://www.archive.org/details/constitutionofstOOarkarich
CONTENTS OF THE VOLUME.
PAGE
Certtficate of Secretary of State to cop}' of Constitution, ... ii
Preface, ill
Table of Contents of the Volume, ....... v
Documents, etc., Illustrating the History of the Constitution of
Arkansas.
List of Members of the Arkansas Constitutional Convention of 1874, . ix
List of Officers of the Convention, ■ . . xi
Act of General Assembly, approved May 18th, 1874, providing for a
Convention of the People of the State of Arkansas, to frame a New
Constitution, xiii
Act of General Assembly, approved May 28th, 1874, Supplementary
to and Amendatory of the Act providing for Convention to frame
New Constitution, xv
Proclamation by the Governor, giving notice of election to determine
the question of holding a convention for the purpose of framing a
new constitution, and of electing delegates to compose such conven-
tion, if called, , . . . . xvii
Return, to the Delegates elect to the Constitutional Convention, of the
State Board of Election Supervisors appointed under Act of
General Assembly, approved May 18th, 1874, xviii
Abstract of votes cast at the general election held June 30th, 1874,
" for " and " against " the call of a constitutional convention, . . xx
Address, to the People of the State, prepared by order of the Consti-
tutional Convention, xxi
Proclamation, by the State Board of Election Supervisors appointed
by the Schedule to the Constitution, announcing the adoption of the
Constitution, xxiii
[With the above , Abstract of Votes cast at the general election held
Oct.'13th, 1874, '-for " and " against " the adoption of the Constitu-
tion,] xxiii
(V)
CONTENTS OF THE VOLUME.
Syllabus TO Constitution, . . " xxvii
CONSTITUTION OF ARKANSAS, xxxiii
Analytical Index to Constitution, cv
[Table showing Apportionment of Counties to Senatorial Districts, ^ At
lose
as prescribed until after the U. S. Census of 1880, I ch
Table showing Apportionment of Counties to Judicial Circuits, as i of
prescribed until otherwise provided by General Assernbl}^] j Index.
DOCUMENTS, ETC.,
II-LUSTUATl.NG THK
HISTORY OF THE
CONSTITUTION OF ARKANSAS.
MEMBERS
H._
Arkansas Constitutional Convention of 1874.
Arkansas County.
JAMES A. GIBSON,
Conway County.
WILLIAM S. HANNA.
Ashley County.
MAKCUS L. HAWKINS.
Craighead County.
JOHN S. ANDERSON. "
Baxter County.
JOHN W. CYPERT.
Crawford County.
HUGH P. THOMASON.
Benton Cmmty
HORACE H. PATTERSON,
A. M. RODGERS.
Boone County.
WILLIAM W. BAILY.
Bradley County.
JOHN R. HAMPTON.
Calhoun County.
BENJAMIN W. JOHNSON.
Carroll County.
BRADLEY BUNCH.
Chicot County.
F. DOWNS.
Clark County.
HARRIS PLANAGIN,*
JESSE A. ROSS.
Clayton County.
E. POSTER BROWN.
Columbia County.
GEORGE P. SMOOTE,
DAWSON L. KILLGORE.
Crittenden County.
W. L. COPELAND.
Cross County.
J. G. PRIERSON.
Dallas County.
W. D. LEIPER.
Desha County.
[X. J. PINDALL.t]
J. PENNOYER JONES.t
Dorsey Connty.
JOHN NIVEN.
Drew Ccmnty.
JAMES P. STANLEY.
Faulkner County.
JOHN DUNAWAY.
Franklin County.
WILLIAM W. MANSPIELD.
Fulton County.
EDWIN R. LUCAS.
Oarland County.
HENRY M. RECTOR.
* Died during the second session of the Convention, Oct. 22d, 1874.
t Resigned, July 20th, 1874.
X Admitted July 21st, 1874, upon contest for the seat oriicinallv occupied by X. J. Pindall.
b ^ " (ix)
MEMBERS OF THE CONVENTION.
Chant County.
DAVIDSON O. D. CUNNINGHAM.
Greene County.
BENJAMIN H. CROWLY.
Hempstead County.
GRANDISON D. ROYSTON,
JOHN^R EAKIN.
Hot Spring County.
W. C. KELLY.
Howard Cotinty.
JACOB CUSTER.
Independence County.
JAMES W. BUTLER,
JAMES RUTHERFORD.
Izard County.
RANSOM GULLEY.
Jackson County.
FRANKLIN DOSWELL.
Jefferson County.
JOHN A. WILLIAMS,
WILLIAM MURPHY,
CYRUS BERRY.
Johnson County.
SETH J. HOWELL.
Lafayette County.
VOLNEY V. SMITH.
Lawreiice County.
PHILIP K. LESTER.
Lee County.
MONROE ANDERSON.
Little River County.
JAMES H. WILLIAMS.
lAncoln County.
REASON G. PUNTNEY.
Lonoke County.
JAMES P. EAGLE.
Madison County.
JOHN CARROLL.
Marion County.
ROBERSON J. PEIRCE.
Mississippi County.
CHARLES BOWEN.
Monroe Cotmiy.
SIMON P. HUGHES.
Montgomery County.
NICHOLAS W. CABLE.
Nevada County.
RUFUS K. GARLAND.
Neivton County.
GEORGE H. S. DODSON.
Ouachita County.
ELIJAH MOSELY,
HENRY G. BUNN.
Perry County.
W. H. BLACKWELL.
Phillips County,
JOHN J. HORNOR,
JAMES T. WHITE,
ROBERT POLK.
Pike County.
HENRY W. CARTER.
Poinsett (Jounty.
RODERICK JOYNER.
Polk County.
STEPHEN C. BATES.
Pope County.
JOHN R. HOMER SCOTT.
Prairie County.
DAVID F. REINHARDT.
Pulaski County.
JAMES F. PAGAN,*
GEORGE N. PERKINS,
JESSE BUTLER,
SIDNEY M. BARNES,
DAN. O'SULLIVAN.t
* Resigned without taking his seat in the Convention,
t Chosen at special election held July 27th, 1874, to fill the vacancy occasioned by the resig-
nation of James F. Fagan.
MEMBERS AND OFFICERS OF CONVENTION.
Randolph County.
JOHN MILLER, Jr.
St. Francis County.
JOHN M. PARROTT.
Saline County.
JABEZ M. SMITH.
Sai'ber County.
BEN. B. CHISM.
Scott County.
J. W. SORRELS.
Searcy County.
WILLIAM S. LINDSEY.
Sebastian County.
R P. PULLIAM,
WILLIAM M. PISHBACK.
Sevier County.
B. H. KINSWORTHY.
Sharp County.
LEWIS WILLIAMS.
Stone County,
WALTER J. OAGLE.
Union County.
HORATIO G. P. WILLIAMS,
ROBERT GOODWIN.
Van Buren County.
ALLEN R. WITT.
Washington County.
BENJAMIN F. WALKER,
M. F. LAKE,
T. W. THOMASON.
White County.
JESSE N. CYPERT,
JOSEPH W. HOUSE.
Woodruff County.
WILLIAM J. THOMPSON.
Veil County.
JOSEPH T. HARRISON.
Officers of the Convention.
IN. B. Pkarce, of Benton County
R. G. Woods, of Phillips County.
Charles C. Reed, Jr., of Conwi
President, GRANDISON D. ROYSTON, of Hemp.stmd County.
Secretary, Thomas W. Newton, of Pulaski County.
N. B. Pearce, of Benton County.
~ ' " ty.
I way County.
Rev. W. W. Keep, of Pulaski County.
Thomas L. Hill, of Conway County.
Sanford C. Faulkner,* of Pulaski County.
Saneord C. Faulkner, jR.^t of Pulaski County.
Assistant Doorkeeper, . Benjamin McGuire, of Jefferson County.
* Died Aug. 4tl), 1874.
t Elected Aug. 6th, 1874, to till the vacancy occasioned by the death of S. C. Faulkner.
Chaplain, . . .
Sergeant-at'Arms,
Dooorkeeper, . .
ACTS OF GENERAL ASSEMBLY,
PROVIDING FOR CONVENTION TO FRAME NEW CONSTITUTION.
Jk-lsT JLCT
fuSriVERSITY]
Providing fop a Convention of the People of the State of Arkansas to
Frame a New Constitution.
Whereas, it is manifest that there are many defects and objectionable pro-
visions in the present Constitution of the State, and that it is not satisfactory to
the people thereof ; therefore
Be it enacted by the General Assembly of the State of Arkansas, convened in extra-
ordinary session, as follows:
Section 1. That a Convention of the people of the State is called, to
assemble at Little Rock, the capital of the State, on Tuesday, the 14th day of
July, 1874, for the purpose of framing a new Constitution, and providing for
putting the same into force.
Sec. 2. That the Delegates to said Convention shall be chosen by the
qualified electors of each County of the State, in the manner hereinafter provided,
and shall possess the same qualifications as are provided for a member of the
House of Representatives.
Sec. 3. Each County in the State, as now organized, shall be entitled to
one Delegate to said Convention, and the following Counties shall be entitled to
the additional Delegates herein mentioned, to-wit: The County of Washington
shall be entitled to two additional Delegates, Benton one, Clark one, Hempstead
one. Independence one, Jefferson two, Ouachita one, Phillips two, Pulaski three
Sebastian one, Union one. White one, Columbia one.
Sec 4. An election shall be held at the several election precints of every
County in the State, on Tuesday, the 30th day of June, A. D. 1874, for the pur-
pose of electing Delegates to said Convention.
Sec. 5. Said election shall be conducted in accordance with existing laws,
except as herein otherwise provided.
Sec 6. There shall be elected, by the joint vote of the Senate and House
of Representatives, a State Board of Supervisors of said election, to consist of
three men of known intelligence and uprightness, who shall take an oath faith-
(xiii)
DOCUMENTARY HISTORY OF THE CONSTITUTION.
fully and impartially to discharge the duties of their office, a majority of whom
shall constitute a quorum, and who shall perform the duties herein assigned
them.
Sec. 7. Said State Board shall at once proceed to appoint a Board of County
Election Supervisors for each County of the State, consisting of three men of known
intelligence and uprightness of character, who shall take the same oath as above
provided for the State Board ; a majority of each Board shall constitute a
quorum, and shall perform the duties herein assigned them.
Sec. 8. The Board of County Election Supervisors shall at once proceed to
appoint three judges of election for each election precinct in their respective
Counties, and the judges shall appoint three election clerks for their respective
precincts, all of whom shall be good, competent men, and take an oath as above
prescribed.
Sec. 9. The State Board shall prescribe the form of poll-books, and each
County Board shall furnish the judges of each election precinct with three
copies of the poll-books, in the form so prescribed, at the expense of the County,
Sec 10. Should the judges of any election precinct fail to attend at the
time and place provided by law, or refuse to act, the assembled electors shall
choose competent persons, in the manner provided by law, to act in their place,
who shall be sworn as above.
Sec. 11. As the electors present themselves at the polls to vote, the judges
shall pass upon their qualifications, whereupon the clerks of election shall
register their names on the poll-books, if qualified, and such registration by
said clerks shall be a sufficient registration in conformity to the Constitution of
of this State, and then their votes shall be taken: Provided, No person shall vote
outside or elsewhere than in the township, ward or precinct in which he resides.
The electors shall be numbered, and the number of each elector marked on his
ballot by one of the judges, when deposited.
Sec. 12. After the ballots are counted by the judges, and the result certified
on the poll-books by them, the poll-books and the ballots, sealed up, shall be re-
turned to the County Board of Election Supervisors, who shall proceed to cast up
the votes, ascertain the result, and furnish the persons elected as Delegates to the
Convention with certificates of election. Each County Board shall return to the
State Board the name or names of the Delegates elected ; and a full list of the
Delegates shall be laid before the Convention, on the day it assembles, by the
State Board.
Sec 13. Each County Board shall also return to the State Board the names
of all persons voted for, with the number of votes received by each.
Sec. 14. If there is a failure to hold an election in any County, or a vacancy
occurs in the office of Delegate, the President of the Convention may order an
election in such County forthwith, to elect a Delegate or Delegates to fill such
vacancy or vacancies.
Sec. 15. If a majority of the Delegates elected to the Convention are not
present on the day fixed for it to meet, the members i)resent may adjourn from
day to day until a majority is present, and then proceed to be organized.
Skc. 16. The Delegates and officers of the Convention shall take an oath to
support the Constitution of the United States.
ACTS OF GENERAL ASSEMBLY.
Sec. 17. Any election officer, elected or appointed under the provisions of
this Act, who shall fraudulently and corruptly register, cast up or make a false
return of said election, shall be deemed guilty of a felony, and on conviction
thereof shall be imprisoned in the jail and penitentiary house not less than five
nor more than ten years. And any person who shall vote more than once, or
bribe any person to vote contrary to his wishes, or intimidate or prevent any
elector by threats or promises from voting, shall be guilty of a felony, and, upon
conviction thereoi, shall be imprisoned in the jail and penitentiary house not
less than one year or more than five years, and the Judges of the several Circuit
and Criminal Courts of this State shall give this section specially in charge to the
grand jurors of their respective jurisdictions.
Sec. 18. The Convention shall have power to determine the election, qualifi-
cations and returns of its members.
Seo. 19. A sufficient amount of money is hereby appropriated out of the
State Treasury to pay the necessary expenses of said Convention, should one be
held.
Sec. 20. That at said election the electors shall have written or printed on
their ballots, in addition to the name or names voted for as Delegate or Dele-
gates, " For Convention," or " Against Convention," and said returning officers
shall certify the vote for and against Conyention in the same manner that the
vote for Delegates is required to be certified; and if a majority voting for a Con-
vention, said Convention shall be held at the time herein specified, and
the Delegates to said Convention shall receive the same mileage and per diem
as is now received by the members of the General Assembly.
Sec. 21. The Governor shall immediately issue his proclamation for an elec-
tion under the provisions of this Act.
Sec. 22. That all Acts and parts of Acts in conflict with this Act be, and the
same are hereby, repealed, and this act shall take effect and be in force from and
after its passage.
Approved May 18, 1874.
Supplementary to and Amendatory op an Act entitled an Act Providing
FOR A Convention of the People of the State of Arkansas, to frame a
New Constitution, May, 1874.
Be it enacted by the General Assembly of the State of Arkansas :
Section 1. That all Judges of this State are prohibited from issuing any
writ of process whatever, or taking any action, or assuming any jurisdiction in
or about, or in connection with the election provided for in the Act to which this
is supplementary and amendatory, except in so far as may be necessary for the
preservation of peace and order, and to secure the holding such election : Pro-
vided, however, That the provisions of this section shall not be construed as to
amend, or in any wise impair the criminal jurisdiction of Criminal and Circuit
Courts, as specified in the Act to which this is supplementary and amendatory.
xvi DOCUMENTARY HISTORY OP THE CONSTITUTION.
Sec. 2. In case of a vacancy or vacancies occurring in the Board of State
Supervisors provided for in the Act to which this is supplementary and amend-
f.tory, the same shall he filled at once by the remaining Supervisor or Supervi-
sors, appointing a person or persons of known intelligence and uprightness to
fill such vacancy or vacancies.
Sec. 3. The members of said Boar.l of Supervisors shall receive the same
mileage and per diem as is now allowed by law to the members of the General
Assembly, to be paid out of any moneys in the treasury of the State not other-
wise appropriated.
Seg. 4. That the members of the Board of Supervisors of the several coun-
ties shall receive two ($2) dollars each per day while actually engaged in the du-
ties of their offices, to be paid out of any moneys in the treasuries of their re-
spective counties not otherwise appropriated.
Sec. 5. That all Acts and parts of Acts in conflict with this Act be, and
the same are hereby, repealed, and that this Act take effect and be in force from
and after its passage.
Approved May 28, 1874.
PROCLAMATION BY THE GOVERNOR.
PROCLAMATION BY THE GOVERNOR,
GIVING NOTICE OF ELECTION TO DETERMINE THE QUESTION OF HOLDINS
A CONVENTION FOR THE PURPOSE OF FORMING A NEW CONSTITU-
TION, AND OF ELECTING DELEGATES TO COMPOSE -SUCH CONVENTION,
IF CALLED.
The State of Arkansas to thk Sheriffs of the several Counties, Greeting:
Whereas, by an act of the General Assembly of the State of Arkansas,
approved May 18th, 1874, it is provided that a convention of the people of the
State is called to assemble at Little Rock on Tuesday, the 14th day of July, A. D.
1874, for the purpose of framing a new Constitution, and providing for and
putting the same in force, and that an election shall be held at the several election
precincts of every county of the State, on Tuesday, the 30th day of June, A. I).
1874, for the purpose of electing delegates to said convention :
Now, THEREFORE, I, Elisha Baxter, Governor of the State of Arkansas, do
hereby proclaim that on Tuesday, the 30th day of June, A. D. 1874, an election
by the qualified electors of the State of Arkansas, in accordance with said Act,
will be held at the several election precincts of each county of said State, for the
following number of delegates to said Constitutional Convention from each
county respectively, to-wit:
Arkansas one (1), Ashley one (1), Baxter one (1), Benton two
(2), Boone one (1), Bradley one (1), Calhoun one (1), Carroll one
(1), Chicot one (Ij, Clark two (2), Clayton one (1), Columbia two
(2), Conway one (1), Craighead one (1), Crawford one (1), Crittenden
one (1), Cross one (1), Dallas one (1), Desha one (1), Dorsey one (1),*
Drew one (1), Faulkner one (1), Franklin one (1), Fulton one (1), Garland
one (1), Grant one (1), Greene one (1), Hempstead two (2), Hot Spring one (1),
Howard one (1), Independence two (2), Izard one (1), Jackson one (1), Jefferson
three (3), Johnson one (1), Lafayette one (1), Lawrence one (1), Lee one (1),
Lincoln one (1), Little River one (1), Lonoke one (1), Madison one (1), Marion
one (1), Mississippi one (1), Monroe one (1), Montgomery one (1), Nevada
one (1), Newton one (1), Ouachita two (2), Perry one (1), Phillips three (3j,
Pike one (1), Poinsett one (1), Polk one (1), Pope one (1), Prairie one (1),
Pulaski four (4), Randolph one (1), Saline one (1), St. Francis one (1), Searcy
one (1), Sebastian two (2), Sevier one (1), Scott one (1), Sarber one (1), Sharp
one (1), Stone one (1), Union one (1), Van Buren one (1), Washington one (1),
White two (2), Woodruff one (1), Yell one (1).
""A proclamation identical with this, except that the clause providinB for a rote for or against the hold-
ing of a convention, was omitted, had been issued May 22d.— BDiTga.
xviii DOCUMENTARY HISTORY OF THE CONSTITUTION.
At said election, the electors shall have written or printed on their ballots, in
addition to the name or names voted for as delegates, " For Convention " or
" Against Convention."
The Sheriffs of the several counties are hereby required to cause said elec"
tion to be conducted according to law.
In Testimony Whereof, I have hereunto put
my hand and caused the seal of the State to be
% affixed, at the Executive Office, at the City of Lit-
*^^i:^*
Jtle Rock, this 16th dav of June, A. D. 1874.
f ELISHA BAXTER,
Governor of Arkansas.
By the Governor:
J. M. Johnson,
Secretary of State.
RETURN, TO THE DELEGATES ELECT TO THE
CONSTITUTIONAL CONVENTION,
OF THE STATE BOARD OF ELECTION SUPERVISORS
APPOINTED UNDEK THE ACT OF GENERAL ASSEMBLY
APPROVED MAY 18. 1876.
To THE Honorable the Delegates to the Constitutional Convention of the
State of Arkansas:
Gentlemen .-—We transmit herewith our report as the State Board of Election
Supervisors of the election held on the 30th ult., under the provisions of the
Act of the General Assembly, entitled " An Act providing for a Convention of
the People of the State of Arkansas, to frame a new Constitution," approved
May 18th, 1874; which report is embraced in the following-named abstracts and
lists, to-wit :
RETURN, TO CONVENTION, OF ELECTION SUPERVISORS, xix
" A:" List of County Election Supervisors appointed by the State Board.
'' B :" Abstract, from official returns, of votes cast for Delegates to Consti-
tutional Convention.
*'C:" List of Delegates elected to the Constitutional Convention, as shown
by official returns.
'^ D :" Abstract of votes cast for and against Convention.
The official oath of the State Supervisors, and the official oaths and returns
of the County Supervisors, are held subject to the order of the Convention.
All of which is respectfully submitted.
A. H. GARLAND,
DUDLEY E. JONES,
GORDON N. PEAY,
State Board of Election Supervisors.
[Appended to the Return are the exhibits referred to. The list of Delegates
elect is published on p. ix, the abstract of the vote for and against Convention
on p. XX, of this volume.]
DOCUMENTARY HISTORY OF THE CONSTITUTION.
ABSTRACT OF VOTES
CAST AT THE ELECTION HELD ON THE 30TH DAY OF JUNE, 1874, "FOR'
AND "AGAINST" THE CALL OF A CONSTITUTIONAL CONVENTION FOR'
THE STATE OF ARKANSAS.*
COUNTIES.
Arkansas
ASHLKY
Bknton
BOONK
Beadlkt
Baxtbb
Calhouk
Carboll
Chicot
Clakk
Columbia
Conway
Crawfobo
.Crittenden ....
Craighead
Cross
Clayton
Dallas
Desha
Drew
DORSKY
Franklin
Fulton
Faulkner
Grant
Greene
Howard
Hempstead
Hot Spring
Garland
Independence.
Izard
Jackson
Jkffkbson
Johnson
Lafayette
Lawrence
Little Riveb.
Lek
639
2365
1277
842
535
fil9
1260
1593
12^)9
9(>6
1610
1012
540
843
1298I
75'
1(115
1110
748
1155
491
12?;^
667
921
825
1330
629
758
1870
745
1372
1116
13961
849
952
!i^
2
^
S^-
9
pi'
• o'
«-»■
: "
417
578
11 628
7| 2358
26 1251
13 829
31 504
6 527
8 611
5 1255
rG2 1031
23 1276
2141 752
5: 1005
123 889
25 5151
843!
16 1282!
20 7371
12 10031
117; 9931
207 541
1150
491
1199
636
921
37
^!
1.33J 625
18; 1852
81 737
42 1330
1321
771 1319
1!
2411
COUNTIES..
Lonoke 1506
Lincoln ! 918
Madison i037
Marion ; 545
Mississippi 602
Monroe 1614
Montgomery.
Newton
Nevada
Ouachita
Perry
Phillips
Pike
Poinsett
Polk
Pope
Prairie
I'ULASKI
Randolph
St. Francis..
Saline
Scott
Stone
Searcy
Sharp
Sevier
Sebastian
Sarber
Union
Van Buren...
Washington
White
Woodruff
Yell
Total.
496
542
935
1010
301
3296
301
313
432
1047
1103
2673
1179
1412
874
1058
432
407
819
545
2145
1248
18-M
2776
1931
1732
1702
8025^
u>.
iS
^
< *.
a.
^.^
?
S2
s
• w.
<
: <^
o
a
: ?
m
1.38.S
6<H
224
131
906
10
535
18
584
24
1590
3
493
?i\
.119
,55
880
a
1(K)2
.55
246
3296
119
IS2
5
:mw
2
m)
29
1018
400
703
H'>
2.591
7
1172
1412
•874
1
1(1.57
4
428
a5
312
4
815
4
541
2
2143
101
1147
1
^m
n
H55
?.5
2751
2
1929
>*
1724
9
1693
8547
2 °
rg
Total vote " For Convention "
Total vote " Against Convention "
80,259
8,547
Majority " For Convention
71,712t
Trom the official returns to the delegates elect to the Constitutional Convention, of the State Board
of Election Supervisors appoin'ed under the Act of General Assembly, approved May 18th, 1874, entitled
"An Act providing for a Convention of the People of the State of Arkansas, to frame a new Constitution"
<p. xiii).
tThe official return, through some clerical error, states t'-e vote "Against Convention" at 8,607, and
the consequent majority "For Convention" at 71.652. The totals as here given result from the footings of
the votes given for the several counties.— JIuitok.
ADDRESS OF CONVENTION, TO THE PEOPLE.
ADDRESS
TO THE PEOPLE OF THE STATE,
PREPARED BY ORDER OF THE CONSTITUTIONAL CONVENTION,
Aud appended to the official copies of the Constitution, circulated for
public information,
Fellow Citizens :
Your Delegates in Convention assembled to frame a Constitution for the
State of Arkansas, now submit the result of their labors for your approval.
We commend to your favorable consideration the Constitution accompany-
ing this address, as the fruits of the united efforts and untiring labor of a truly
representative body, whose interests are identified with those of the people of
the entire State.
An examination of this-CJonstitution will show its distinguishing features —
as compared with the Constitution of 1868-— to consist in submitting the election
of all officers of the government to the popular vote; in diminishing the num-
ber of offices to such number as is necessary to an economical and successful
administration of the government; in limiting the rate of taxation, by the Leg-
islature, on the assessed value of all property ; in protecting the public credit,
by expressly prohibiting ^the Legislature from contracting any debt, save for
certain specified purposes ; and in prohibiting all local and special legislation.
It is believed the main corrective of the abuses which we have for several
years past sustained, will be found in that feature of the Constitution which sub-
mits all elections of civil officers to the people, thereby depriving the Executive
Department of the State of the power of appointment. The necessity of free
• and fair elections, uncontrolled by partisan appliances, has long been felt by our
people. The abuse of this right— so long held inviolable — has stifled the popu-
lar voice, given the reins of government to a faction, reduced our people to bank-
ruptcy and impoverishment, inaugurated intestine feuds and revolutions, and
disgraced our vState.
The new Constitution is framed with a view of correcting these abuses by
keeping, as nearly as may be, all power'in the hands of the people, and holding
their agents in office directly responsible to them — the chief end and aim of all
popular, representative government. It is liberal in its provisions, and chal-
xxii DOCUMENTARY HISTORY OF THE CONSTITUTION.
lenges the admiration and support alike of Democrats and Republicans, who are
not biased by party feeling. It gives equal rights to all, regardless of race or
color, or previous condition of servitude.
With provisions so liberal, with features so well calculated to correct the
abuses of the past, and being the work of delegates chosen by a popular vote so
large and overwhelming, it is not surprising that the enemies of the new Constitu-
tion should despair of defeating it by an appeal to the people at the coming elec-
tion upon its ratification or rejection. We have every reason to believe that, if
the new Constitution is ratified by the popular vote, and the government under
it inaugurated, the present numerous and gross abuses, as the result of misrule,
will give way, the angry feeling which has been engendered between the mem-
bers of the two political parties, by restless office-seekers, and disturbers of the
peace, will gradually disappear, and our State will assume that honorable posi-
tion in the confederacy of States, for which nature has so eminently endowed
her.
On the contrary, if this Constitution should be defeated or set aside, we can
no longer have reasonable grounds of hope for a restoration of local self-gov-
ernment in Arkansas, and we forbear to contemplate the scenes which a defeat
or failure would entail upon a people already bowed to the earth with suffering
and sorrow.
In conclusion, we ask all, regardless of party, who are tired of strife, and
who long for a permanent restoration of peace, to unite in supporting the new
Constitution, that we may have in its behalf the moral effect of the largest pop-
ular majority that is possible of attainment under the circumstances. And we
urge, most earnestly, each and every one to go forward, peacefully but resolutely,
to the discharge of his duty in giving the State this organic law, regardless of all
promises, all overtures, and all threats, from those who, under the guise of friend-
ship, seek only to complete your ruin. This opportunity lost, you and your
State are lost ; but improved and availed of, you and your State are saved, with
every promise of a future of peace and of prosperity'.
H. M. RECTOR,
R. K. GARLAND,
J. W. BUTLER,
S. P. HUGHES,
BRADLEY BUNCH,
Committee.
ANNOUNCEMENT OF ADOPTION OF CONSTITUTION. xxiii
PROCLAMATION
BY THE
STATE BOARD OF ELECTION SUPERVISORS.*
OFFICE OF STATE BOARD OF ELECTION SUPERVISORS,
Little Rock, Ark., October 30, 1874.
In pursuance of the provisions of Section seventeen of the Schedule to the
Constitution recently framed for the State of Arkansas, the undersigned do
hereby proclaim and make known, that at a general election held on the thir-
teenth day of October, A. D. 1874, the following votes were cast " For " and
" Against " said Constitution, in the several counties of said State, as appears
by the ofi&cial returns made to said Board by the County Boards of Election
Supervisors, to-wit :t
COUNTIES.
9
1
1
©■§•;
a g
1
: O
: §
i 1
: f'
P
if
'§,
1875
1309
697
524
583
1005
"776
1007
547
1235
"852
481
735
487
"592
710
1196
535
1151
580
953
964
483
999
4^9
Is
ft
i
1
"894
"528
"377
::::::i
I
";::.'
1753'
COUNTIES.
a
a
: S.
i ?
i 9
■ 3
fl-
it'
h
\ 1
Arkansas
1211
1147
1954
1374
762
569
594
1011
417
1438
1376
1444
426
858
701
746
682
425
1253
920
1377
535
1216
631
953
1046
798
1676
539
2023
1229
1743
1052
1264
1070
1176
470
430
320
79
65
65
45
11
1311
341
1
11|
802
661
210
181
"1
677i
110
Lee
1760
1500
886
1143
683
936
985
594
402
1198
1101
323
1958
400
329
467
1317
911
3054
1246
1102
1019
1083
655
518
945
1742
1192
1322
976
2200
2377
1260
1430
78697
2 ^ 17.=i8
Ashley
] Lonoke
83
948
111
19
26
.744
24
157
211
21841
1
368;
21.35i
"478;
1
104'
1417
1032
66-1
910
241
570
245
987
176
210
"266
326
418
1292
543
919
1246
624
1019
994
648
414
Lincoln
62
Bradley
Marion
Calhoun
Monroe
Carroll
Montgomery
Clark
Nevada
Conway
Perry
Crawford
Phillips.. . .
226
Pike
Gross
Polk
Pope
■
Dallas
Prairie
Desha
Pulaski
Saline
Scott
Faulkner
Stone
......
Grant
Searcy
28: 1 917
801 609
606 1136
1831 1009
744 I 578
46 930
234 1966
58i 1 2319
39o! 865
236, j 1194
24807' '
Sevier
Howard
' Sebastian
Hempstead
Sarber.
Independence
349 1 1674
Van Buren '.......'..'.
36
45
2805
,^
41
1193
1698
1165
25
1173
47
White
Johnson
Yell
Lafayette
Totai
Lawrence
Little River
Total vote " For Constitution " - . - 78,697
Total vote " Against Constitution " - . - 24,807
Majority " For Constitution " - - 53,890
Given under our hands this thirteenth day of October, 1874.
U. M. ROSE,
DUDLEY E. JONES,
GORDON N. PEAY,
State Board Election Supervisors.
'''■ Appointed by Sec. 7 of the Schedule to the Constitution.
tFor convenience of reference, the majorities, in the several counties, for and against the Constitution,
which do not appear in the original, are here interpolated.— Editor.
CONSTITUTION OF ARKANSAS.
SYLLABUS
C0:NrSTITUTION OF ARKANSAS
ARTICLE I.
Boundaries of the State.
Seat of Government.
ARTICLE II.
declaration of rights.
Section-
1. Source of political power. -Object of govern-
ment.—Right of reform and abolition.
2. Natural freedom and independence of men.—
Inalienable rights.— Origin of government.
3. Equality of all persons before the law.
4 Right of public assembly, and of petition.
5. Right to bear arms,
6. Liberty of the press and of speech.— Libel.
7. Trial by Jury.
8. Xo person to be held to answer for crime, but
on presentment or indictment.— Exceptions.—
No person to be twice put in jeopardy for
same offence.- Or be compelled to be witness
against him-self.- Security for life, liberty,
and property.— Right to bail.
9. Excessive bail and fines, cruel punishments,
and detention of witnesses, prohibited,
10. Rights of accused in criminal prosecutions.
11. Habeas corpus,
12. Suspension of the laws.
13. Redress of wrongs.
14. Treason.
15
Security against unreasonable searches and
seizures.
16. Imprisonment for debt prohibited.
17. Attainder, laws, ex post facto, impairing con-
tracts, etc., prohibited,
18. Equality of privileges and immunities,
19. Perpetuities, monopolies, and hereditary dis-
tinctions, prohibited.
20. Resident aliens.
21. Life, liberty, and property, how secured.— Ban-
ishment prohibited.
22. Private property taken for public use.
23. State's right of eminent domain, and of taxa-
tion.—Delegation of taxing power.
24. Right of religious liberty.
Section-
So. Protection of religious liberty.
26. Religious tests prohibited.— Oaths or affirma-
tions required.
27. Involuntary servitude, except for crime, pro-
hibited,—Standing army.— Military subordi-
nate to civil power, — Quartering of Troops,
28. Tenure of lands,
29. This enumeration of rights not to disparage
other rights.— Paramount authority of De-
claration of Rights, and of Constitution.
ARTICLE III.
FRANCHISE AND ELECTION'S,
1. Qualifications of electors.
2. Freedom of elections.— Right of suffrage not
to depend on previous registration.— Or im-
pairable except on conviction for felony.
3. Elections to be by ballot.— Numbering of bal-
lots.— Secrecy of the ballot.
4. Privilege of electors.
5. Idiots and insane.
6. Corrupt violation of election laws to disqualify
for oflBce.
7. U, S. soldiers, sailors, and marines
8. Time of holding general elections.
9. Testimony in cases of contested elections.
10. Causes of disqualification as election officer.
11 Votes unlawfully refused, to be counted on
trial of contest.
12. Elections by parties representative,
ARTICLE IV.
DEPARTMENT.'?.
1. Departments of government,
2. Separation of departments.
ARTICLE V.
LEOI.=?LATlVK,
1. General Assembly-
2. Holuse of Representatives.
3. Senate,
( xxvii
CONSTITUTIOX OF ARKAI^SAS.
Section.
4. Qualifications of Senators and Representa-
tives.
5. Times of meeting.
6. Vacancies.
7. Officers ineligible to General Assembly,
8. Holders of public moneys disqualified for of-
fice, until settlement.
9. Conviction of infamous crime to disqualify
for office.
10. Senator or Representative disqualified for civil
office.
11. Each house to appoint its officers and deter-
mine qualifications, etc., of its members.—
Quorum.
12. Rules.— Expulsion of members.— Punishment
for contempt. —Enforcement of process. — Pro-
tection of members.— Journal,— Yeas and
nays.
13. Proceedings to be public.
14. Elections by joint or concurrent vote.
15. Privileges of Senators and Representatives.
16. Pay and mileage — Term to begin with election.
17. Duration of sessions.
18. Presiding officers.— President of Senate to suc-
ceed to Governorship in case of vacancy.
19. Style of laws.
20. State not to be sued in her courts.
21. Laws to be by bill —Amendment of bills.
22. Passage of bills.
23. Revival, amendment, and extension, of laws.
24. Classes of special legislation prohibited.
2-5. Restrictions on special legislation.
26. Publication of notice of local and special bills.
27. Extra compensation to officers, agents, em-
ployes, and contractors.— Appropriations for
claims, in matters not provided for by pre-
existing laws.
28. Adjournment.
29. Appropriations to be specific, and limited to
two years.
30. General and special appropriation bills.
31. Vote requisite to allowances of State tax, and
appropriations of money.
32. Redress for injuries to person or property.
33. Liabilities of corporations to the State-
34. Bills not to be introduced during last three days
of the session.
35. Bribery of officers.
36. Expulsion of member no bar to indictment.
ARTICLE VI.
EXECDTIVE DEPARTMENT.
Executive officers.— Offices to be at seat of gov-
ernment—Terms of office.— Commissioner of
State Lands.
Governor.
Election of executive officers,— Returns.— De-
claration of election.— Case of tie.
Contested elections for executive officers.
Qualifications of Governor.
Governor to be Commander-in-Chief.
May require information from officers of Eecu-
utive Department.— Execution of the laws.
Messages to General Assembly.
■ Great Seal of the State.
Grants and commissions.
Persons ineligible to office of Governor.
Death, impeachment, or other disability of
Governor.
(xxviii)
Impeachment, or other disability, of President
of Senate, acting as Governor.
Election to fill vacancy in office of Governor.
— Returns.— Contested election.
Bills to be presented to Governor for approval. —
Proceedings in case of veto.— Bill not returned
within five days to become a law — Bills passed
during last five days of session.
Concurrent orders and resolutions to be pre-
sented to Governor for approval.— Proceedings
in case of veto.
Veto of items of appropriation bills.— Proceed-
ings in such case.
General pardoning power —Pardoning power in
cases of treason.— Information concerning
pardons, etc., to be communicated to General
19. Extra session of General Assembly, and convo-
cation elsewhere than at seat of government.
20. Case of disagreement in General Assembly, as
to time of adjournment.
21. Duties of Secretary of State.— Superintendent
of Public Instruction.
22. Duties of other officers of Executive Depart-
ment.—Their disqualification to hold other
office.— Vacancies in their offices.
23. Vacancies in office, not elsewhere provided for.
ARTICLE VII.
JUDICIAL DEPARTMENT.
1. Judicial power, where vested.— Establishment
of additional courts.
2. Supreme Court. — Chief Justice.— Quorum.
3. Increase of number of Judges of Supreme
Court.
4. General Jurisdiction of Supreme Court.— Juris-
diction of individual Judges of Supreme
Court.
5. Jurisdiction of Supreme Court in quo tvarranto.
6. Qualifications of Judges of Supreme Court. —
Election.— Term of office.
7. Clerk and Reporter of Supreme Court.— Term of
office.
8. Terms of Supreme Court.
9. Special Judges for Supreme Court.
10. Compensation of Supreme Judges.— Disqualifi-
cation to hold other office.
11. General jurisdiction of Circuit Courts.
12. Terms of Circuit Courts,
13. Judicial circuits.- Judge of Circuit Court to re-
side and be conservator of peace in his circuit.
14. Superintending and appellate jurisdiction of
Circuit Courts.
15 Equity jurisdiction of Circuit Courts.
16. Qualifications of Judges of Circuit Courts.
17. Election of Judges of Circuit Courts.— Term of
office.
18. Compensation of Judges of Circuit Courts.— Dis-
qualification to hold other office.
19. Clerks of Circuit Courts. — Election, — Term of
office.— To be ex-officio County and Probate
Clerks, and Recorders.— Separate County Clerk
in certain counties.— To be ex-officio Probate
Clerk.
20. Interest, consanguinity, etc., to disqualify
Judge from presiding at trial.
21. Special Judges for Circuit Courts.— Powers of
Special Judges.— Their qualifiieations.
22. Exchange of circuits.
SYLLABUS.
Section
23. Charges to juries.
24. Prosecuting Attorneys.— Term of office.— Quali-
fications.
25. Judges prohibited from practice of law.
26. Contempts not in presence of court or diso-
bedience of process.
27. Remoyal of county and township officers.
28. Jurisdiction of County Courts.— County Court
to be held by one judge.
29. Judges of County Courts.— Election.— Term of
office.— Qualifications.
30. Quorum of the County.— Powers.— Majority must
sit.— Compulsory attendance.
31. Terms of County Courts.
32. Courts of Common Pleas. —Jurisdiction.
33. Appeals from County Courts and Courts of Com-
mon Pleas.
34. Courts of Probate.— Jurisdiction.— Terms.
35. Appeals from Probate Courts.
36. Special Judges for County and Probate Courts,
37. Compensation of County Judge.— His jurisdio-
diction in absence of Circuit Judge from coun-
ty.
38. Justices of the Peace —Term of office.— Com-
mission.
39. Number of Justices of the Peace.
40. Jurisdiction of Justices of the Peace:— 1st, Ex-
clusive of Circuit Court.— 2d, Concurrent with
Circuit Court.— 3d, In misdemeanors. — 4th,
As examining courts, and in binding to keep
the peace.— 5th, To issue process. —6th, As con-
servators of the peace.— Denied jurisdiction in
questions of land.
41. Qualifications of Justices of the Peace.
42. Appeals from Justices of the Peace.
43. Jurisdiction of Corporation Courts.
44. Pulaski Chancery Court.— Term of office of
Judge and Clerk.— Election.— Proceedings re-
lative to sixteenth-section lands,
45. Separate Criminal Courts abolished.— Their ju-
risdiction transferred to Circuit Courts.— Their
records.
46. County executive officers.- Term of office.-
• Compensation of Assessors.
47. Constables. — Their commissions.
48. Commissions of officers.
49. Style of process and indictments.
50. Vacancies in offices provided for in Art. VII,
51. Appeals in case of allowances for or against
counties, cities, or towns.— Appealjbond.
52. Contested elections for county, township, or
municipaloffices.
ARTICLE VIII.
APPORTIONMENT.
1. Number of Representatives.— Ratio of represent-
ation.—Apportionment of Representatives,
2. Division of State into Senatorial Districts.—
Ratio of representation in Senate.-Present
Senatorial Districts and apportionment of
Senators —Number of Senators,
3. Principles of formation of Senatorial Districts.
4. Apportionments when to be made.
ARTICLE IX.
EXEMPTION.
1. Exemption of personal property of persons
other than heads of families, from seizure for
debt.
Section
2. Exemption of personal property of heads of
families.
3. Homestead exemption.
4. Extent of exemption] of homestead situate out-
side city, town, or village.
5. Extent of exemption of homestead in city, town,
or village.
6. Homestead exemption for benefit of widow.—
Proviso.— Rights of children during minority.
7. Separate property of married women.
8. Scheduling of separate personal; property of
married women.
9. Effect of exemptions of Constitution of 1868.^
10. Homestead exemption for benefit of minor or-
phan'children.
ARTICLE X.
AGRICULTUEE, MIXING, AND MANUFACTURES,
1 Agricultural, mining, and manufacturing in-
terests of State.— Mining, Manufacturing, and
Agricultural Bureau,
2. State Geologist,— Term of office.— Duties. —
Compensation.— Removal.
.3. Exemption from taxation, of mines and manu-
factures.
ARTICLE XI.
MILITIA.
1, Persons liable to military duty.— Organization
of militia.
2. Volunteer companies.
3. Privilege of militia from arrest, at muster, etc.
4, Authority to call out volunteers and militia.
ARTICLE XII.
MUNICIPAL AND PRIVATE CORPORATIONS.
1. Revocation of existing charters and grants, for
non-user.
2. Limitation of power of incorporation, by special
act,
3. Incorporation of cities andj towns.— Restriction
of powers,
4. Limitation of legislative power of municipal
corporations, and of their power of taxation.
—Payment of existing indebtedness.
5. Municipal corporations not to become stock-
holders, or financially assist corporations,
etc.
6. General incorporation laws.— Power of alteration
and revocation.
7. Stato'not to be interested in .stock of corpora-
tions, etc.
8. Issue and increase of stock, etc., of private cor-
porations.
9. Compensation for property and right of way,
taken for use of corporations.
10. Legislation authorizing issue of ^circulating
paper, prohibited.
11. Foreign corporations.
12. State not to assume liabilities^of counties or cor-
porations,—Exceptions -Indebtedness of cor-
porations to State,
ARTICLE XIII,
COUNTIES, COUNTY-SEATS, AND COUNTY LINES.
( xxix )
CONSTITUTION OF ARKANSAS.
Sectton
1. Minimum limits of counties prescribed. —Excep-
tions.
2. Consent of voters of territory affected, requisite
to change of county lines.
3. Changes of county-seats.— County-seats of new
counties.
4. Lines of new counties.
5. Division of Sebastian County into two districts.
ARTICLE XIV.
EDUCATION.
1. Free school system.
2. School funds to be used exclusively for purposes
for which set apart.
3. State school tax.— Poll-tax for (School-Fund. -
School- district tax.
4. Supervision of public schools, etc.
ARTICLE XV.
IMPEACHMENT AND ADDRESS.
1. Impeachments.— Judgment.
2. Power of impeachment.— Trial.
3. Removal upon address,
ARTICLE :XVI.
FINANCE AND TAXATION.
1. Loan of public credit, and issue of interest-bear-
ing evidences of public indebtedness, except
to pay present debt, prohibited.
2. Payment of State debt.
3. Misappropriation of public moneys.
4. Salaries and fees —Clerks, etc., of departments
of State.
5. Uniform rule of taxation.— Taxation of privi-
leges, etc.— Property exempt from taxation.
6. Exemption by statutory enactment, void.
7. Taxation of corporate property.
8. Maximum rate of State taxes.
9. Maximum rate of county taxes.
10. County and municipal taxes, in what payable.
11. Levy and specific appropriation of taxes.
12. Disbursements.
13. Right of citizen to sue in behalf of inhabitants
of county or municipality.
ARTICLE XVII.
RAILROADS, CANALS, AND TURNPIKES.
1. Railroads, etc., public highways.— Transporta-
tion companies common carriers.- Right to
construct railroads.— Intersection and con-
nection of railroads.
2. Transportation companies to maintain office in
State — Transfers of stock.— Books.
3. Equal right to transportation.— Regulation of
charges.
4. Parallel or competing lines of transportation
not to be consolidated, or controlled by same
parties.
5. Prohibitions upon officers, etc., of transportation
companies.
6. Discrimination of charges between transporta-
tion companies and individuals, or in furnish-
ing cars or motive power, prohibited.
7. General Assembly to prevent grant of free passes
to officers of the State.
(xxx)
Section
8. Condition of remission of forfeiture of charter,
or legislation favorable to corporations.
9. Eminent domain over property of corpora-
tions-
10. Legislation to correct abuses by transportation .
companies.
U. Movable property of railroad corporations per-
sonal property, and not to be exempted from
execution.
12. Damages, by railroads, to person and property.
13. Annual report of railroad companies to Auditor"
ARTICLE XVIII.
.JUDICIAL CIRCUITS.
Judicial circuits.— Terms of Circuit Courts.
ARTICLE XIX.
MISCELLANEOUS PROVISIONS.
1. Disqualifications of atheists.
2. Duelling.
3. Electors, only, qualified for office.
4. Residence, etc. , of officers.
5. Officers to continue in office till qualification of
successors.
6. Plurality of offices.
7. Forfeiture of residence.
8. Deductions from salaries of officers.
9. Creation of permanent State offices prohibited.
10. Returns of elections, to whom made,
11. Salaries of State officers.— Fees pertaining to
State offices. —Maximum salaries of State
officers.— Increase of salaries of members of
General Assembly.
12. Publication of receipts and expenditures of pub-
lic money.
13. Usury.— Rate of interest.
14. Lotteries prohibited.
15. Contracts for stationery, fuel, printing, furni-
ture, etc., for State government.
16. Contracts for public buildings and bridges, and
care of paupers.
17. Revision, publication, etc., of laws.
18. Security of miners and travellers.
19. Education of deaf and dumb, blind and insane.
20. Oath of office.
21. Sureties upon official bonds.
22. Amendments to Constitution, how originated.—
To be published, and submitted to the people.
—Not more than three to be proposed or sub-
mitted at same time.— Separate ratification
of each.
23. Maximum of officers' salary and fees.— Disposi-
tion of excess received.
24. Contested elections not herein specifically pro-
vided for.
25. Seal of the State.
20. Officers eligible to executive and judicial office.
27. Assessments on real property, for local improve-
ments, in towns and cities.
SCHEDULE.
1. Retention of existing laws.— Effect of exemp-
tion laws in force at adoption of Constitution
of 186S,— Distinction between sealed and un-.
sealed instruments.
2. Competency of witnesses.
3. First general election for officers, and election
for submission of Constitution to the people.
SYLLABUS.
Section
4. Qualifications of voters thereat.
5. Notice thereof.
fi. Governor's proclamation enjoining good order
at such election.
7. State Board of Supervisors of Election.— Vacan-
cies therein.
8. County Boards of Election Supervisors.— Vacan-
cies therein.
9. Poll-books and ballot-boxes for the election.
10. Distribution, to officers of the.election, of copies
of the Constitution.
11. Judges of the election, and Election Clerks.—
Cases of absence of judges of the election
from the polls.
12. Conduct of the election.— Qualifications of
voters, how decided.— Registration.
13. Style of ballot.
14. Deposit of tickets.— Elector to vote only in
township or ward of residence.— Numbering
of tickets,
15. Drinking houses to be closed, on .day of the
election.— Sale or gift of intoxicating liquor
prohibited.
Ifi. Hours of voting.- Counting of ballots.— Dispo-
sition of returns- — Copies of abstract of re-
turns, ballots, and poll-books, whore filed.
17. A.seertainment and publication of result of
election on adoption of Constitution.— Con-
stitution, if adopted, in force from date of
such publication.— Abstract of returns of the
election, to be filed with Secretary of
Section
State.— List of members of General Assembly,
elect, to be certified to General Assembly —
Abstract of returns of election of State
officers to be certified to Speaker of House of
Representatives, and the result by. him an-
nounced.—State officers elected, when to
enter upon their duties.
18. All officers chosen at this election to be commis-
sioned by Governor.
19. First election of Representatives and Senators.
—Their certificates of election.
20. Officers elected, other than State officers, when
to enter upon their duties.
21. Prior incumbents to vacate their offices.
22. Timie of convening of first session of General
Assembly.
23. Transfer of jurisdiction from Boards of Super-
visors to County Courts, from Criminal
Courts to Circuit Courts, and of probate
business to Probate Courts.
24. Present incumbents to continue in office till
qualification of successors.- Commissionerof
State Lands.
25. Penalty of fraud by officers of the election, or
other persons.
26. Tenure of office of officers chosen at the election,
—Time of next general election.— Election of
Congressmen.
27. Appropriation to defray expenses of the election.
28. Present salaries of State officers, — Per diem and
and mileage of members of General Assembly,
Jl
(xxxi)
CONSTITUTION
OF THE
STATE OF ARKAJSJSAS.
PREAMBLE.
We the people of the State of Arkansas, grateful to Almighty Vreamhie.
God for the privilege of choosing our own form of Government;
for our civil and religious liherty ; and desiring to perpetuate
its blessings and secure the same to ourselves and posterity, do
ordain and establish this Constitution.
ARTICLE I.
Boundaries.
We do declare and establish ratify and confirm the Boundaries of the
-^ State.
followijig as tlie permanent boundaries of the State of
Arkansas, that is to say : Beginning at the middle of the
main channel of the Mississippi river, on the parallel of
thirty six degrees of north latitude, runningthence west with
said parallel of latitude to the middle of the main channel of
the St. Francis river; thence up the main channel of said last
named river, to the parallel of thirty six degrees, thirty
minutes of north latitude; thence west with the Southern
boundary line of the State of Missouri to the South West
corner of said last named State; thence to be bounded on
the West to the North bank of Red river, as by act of Con-
2 C0:N"STITUTI0N of the [Art. 2.
gress and treaties existing January first 1837, defining tlie
Western limits of the territory of Arkansas, and to be
bounded across and South of Red river by the boundary
line of the State of Texas as far as to the North West corner
of the State of Louisiana; thence easterly with the northern
boundary line of said last named state to the middle of the
main channel of the Mississippi river; thence up the middle
of the main channel of said last named river, including an
island in said river known as "Belle Point Island," and all
other land originally surveyed and included as a part of the
Territory or State of Arkansas, to the thirty sixth degree of
north latitude, the place of beginning.
SEAT OF GOVERNMENT.
Seat of govern- The scat of govcmment of the State of Arkansas shall be
ment.
and remain at Little Rock, where it is now established.
ARTICLEII.
Declaration of Rights.
Source of poiiti- SECTION L All political powcr is inherent in the people,
Object of govern- and government is instituted for their protection, securitv
ment. ^ ir y j
?n?aboiftion'^°'^™ ''^"*^ benefit ; and they have the right to alter, reform or
abolish the same, in such manner as they may think proper.
an'^i"'"^ ind(?i)c™ ^^c. 2. All mcu are created equally free and independent,
flence of men.
Ji^ifJ/'^"'^'^'® and have certain inherent and inalienable rights; amongst
which are those of enjoying and defending life and liberty ;
of acquiring, possessing and protecting property, and rep-
Origin of govern- utati on; and of pursuing their own happiness. To secure
these rights governments are instituted among men, deriving
their just powers from the consent of the governed.
Equality of au Sec. 3. The equality of all persons before the law,
persons before the x ./ jr 7
i^ recognized, and shall ever remain inviolate; nor shall
any citizen ever be deprived of any right, privilege or immu-
Art. 2.] STATE OF ARKANSAS. 3
nity; nor exempted from any burden or duty, on account of
race color or previous condition.
Sec. 4. The riffht of the people pera]ceably to assem- Right of public
^ i X X L .1 ./ iissembly:
ble, to consult for the common good; and to petition, Aud of petition.
by address or remonstrance, the government, or any depart-
ment thereof, shall never be abridged.
Sec. 5. The citizens of this State shall have the i^'rIi* to bear
arms.
right to keep and bear arms for their common defense.
Sec. 6. The liberty of the press shall forever remain f;*^^/*^ .^^l ^of
inviolate. The free communication of thoughts and opinions
is one of the invaluable rights of man; and all persons may
freely write and publish their sentiments on all subjects,
being responsible for the abuse of such right. In all crimi- Libel,
nal prosecutions for libel, the truth may 1)c given in evidence
to the jury ; and, if it shall appear to the jury that the matter
charged as libelous is true, and was published with good
motives and for justitiable ends, the party charged shall be
acquitted.
Seo. 7. The right of trial by jury shall remain inviolate. Trial by jury.
and shall extend to all cases at law, witliout regard
to the amount in controversy ; but a jury trial may be waived
by the parties in all cases, in the manner prescribed by law.
Sec. 8. !N"o person shall be held to answer a criminal No person to be
held to answer for
charge unless on the presentment or indictment of a Sm e'^n" * or ^T
dictmcnt.
grand jury, except in cases of impeachment or cases such as Exceptions.
the General Assembly shall make cognizable by justices of
the peace, and courts of similar jurisdiction; or cases arising
in the army and navy of the United States ; or in the militia
when in actual service in time of war or public danger ; and No person to be
twice put in jeop-
no person, for the same offense, shall be twice put in jeoperdy fence:"'"''''"''' "^"
of life or liberty ; but if, in any criminal prosecution, the juiy
be divided in opinion, the court before which the trial shall
be had, may, in its discretion, discharge the jury, and commit
or bail the accused for trial, at the same or the next term of
said court; nor shall any person be compelled, in any crimi-
4 CONSTITUTION OF THE [Art. 2.
tJ te^'^'wUnS "^^ ^^^®' ^^ ^® ^ witness against himself; nor be deprived of
aBainst himself. ,.,,,, -it r> i
Security for life, life, liberty OF proportj, Without due process of law. All
Flight to bail. persoiis sliall, before conviction, be bailable by sufficient
sureties, except for capital offenses, when the proof is evident
or the presumption great.
Sd'^fc. cru*ii Sec. 9. Excessive bail shall not be required ; nor shall
punishments, and
Jesses'"" rohibV- ^^ccssive fiues bc imposcd ; nor shall cruel or unusual
ted.
punishment be inflicted ; nor witnesses be unreasonably
detained.
fiI.Slfin cHminai ^EC. 10. In all Criminal prosecutions, the accused shall
prosecutions.
enjoy the right to a speedy and public trial, by an
impartial jury of the county in which the crime shall have
been committed; provided that the venue may be changed to
au}^ other county of the judicial district in which the indict-
ment is found, upon the application of the accused, in such
manner as now is, or may be prescribed by law ; and to be
informed of the nature and cause of the accusation against
him, and to have a copy thereof; and to be confronted with
the witnesses against him ; to have compulsory process for
obtaining witnesses in his favor ; and to be heard by himself
and his counsel.
Habeas corpus. Sec. 11. The privilege of the writ of habeas corpus
shall not be suspended; except by the General Assem-
bly, in case of rebellion, insurrection, or invasion, when the
public safety may require it.
Suspension of the Sbc. 12. No powcr of Suspending or setting aside
the law or laws of the State, shall ever be exersised, except
by the General Assembly.
Redress of Sec. 13. Evcrv pcrson is entitled to a certain remedy
wrongs. ./J. t/
in the laws for all injuries or wrongs he may receive
in his person, property or character ; he ought to obtain j ustice
freely, and without purchase; completely and without denial;
promptly and without delay ; conformably to the laws.
Treason. Sec. 14. Trcasou against the State shall only consist
Art. 2.] STATE OF ARKANSAS. 5
in levying and making war against the same, or in
adhering to its enemies, giving them aid and comfort. No
person shall be convicted of treason unless on the testimony
of two witnesses to the same overt act, or on confession in
open court.
Sec. 15. The right of the people ot this State to Security against
^ ^ ^ unreasonable
, . , , . ■, J It- i. 'J. searches and
be secure in their persons, houses, papers, and enects, against seizures,
unreasonable searches and seizures, shall not be violated;
and no warrant shall issue, except upon probable cause, sup-
ported by oath or affirmation, and particularly describing
the place to be searched, and the person or thing to be
seized.
Sec. 16. No person shall be imprisoned for debt in imprisonment
for debt prohib-
aiiy civil action, on mesne or final process, unless in cases ^^^^'
of fraud.
Sec. 17. No bill of attainder, ex jmst facto law, or Attainder, laws
ex i)o>it facto, im-
law impairing the obligation of contracts shall ever be trlictsfetc, pro-
hibited,
passed; and no conviction shall work corruption of blood or
forfeiture of estate.
Sec. 18. The General Assembly shall not grant to Equality of priv-
• ilcges and im-
any citizen, or class of citizens, privileges or immunities "»'*'i'ti«s.
which, upon the same terms, shall not equally belong to all
citizens.
Sec. 19. Perpetuities and monopolies are contrary Perpetuities
monopolies, and
to the genius of a republic, and shall not be allowed ; Jfn'"£*J^ ^^l',
nor shall any hereditary emoluments, privileges or honors
ever be granted or conferred in this State.
Sec. 20. No distinction shall ever be made ' by Resident aliens.
law, between resident aliens and citizens, in regard to the
possession, enjoyment, or descent of property.
Sec 21. No person shall be taken or imprisoned. Life, liberty,
and property,
or dissiezed of his estate, freehold, liberties or privileges ; ^""^ se^-^red-
or outlawed, or in any manner destroyed, or deprived
of his life, liberty, or property ; except by the judgment of
6 CONSTITUTION OF THE [Art. 2.
^roMbitod™*'"* ^^'^^ pecrs, or the law of the land ; nor shall any person, under
any circumstances, be exiled from the State.
Private property Sec. 22. The right of property is before and higher
than any constitutional sanction; and private prop-
erty shall not be taken, appropriated or damaged for public
use, without just compensation therefor.
state's right of Sec. 23. The State's ancient right of eminent domain
eminent domain, "^
and of taxation, ^j^^j of taxation, is herein fully and expressly conceded;
Delegation of and the General Assembly may delegate the taxing power,
taxing vjower. ./ »/ ^ ^
with the necessary restriction, to the State's subordin-
ate political and municipal corporations, to the extent of
providing for their existence, maintenance and well being,
but no further.
Right of reiigi- Sec. 24. All men have a natural and indefeasible
ous liberty.
right to worship Almighty Grod according to the dic-
tates of their own consciences; no man can, of right, l)e
compelled to attend, erect, or support any place of worship ;
or to maintain any ministry against his consent. No human
authority can, in any case or manner whatsoever, control or
interfere with the right of conscience ; and no preference
shall ever be given, by law, to any religious establishment,
denomination or mode of worship, above any other.
Protection.o^f^ro- j^eq. 25. Religion, morality and knowledge being essen-
tial to good government, the General Assembly shall
enact suitable laws to protect every religious denomina-
tion in the peaceable enjoyment of its own mode of public
worship.
Religious tests Seo. 26. No rcligious test shall ever be required
prohibited. ^
of any person as a qualification to vote or hold office ;
nor shall any person be rendered incompetent to be a witness
Oaths or affirm- Oil accouiit of liis rcligious belief; but nothing herein shall be
atlons not to bo
dispensed with, coiistrucd to dispense with oaths or affirmations.
Involuntary scr- Sec. 27. There shall be no slavery in this State,
vitudc, except • ' ^ n
bitcd"™''' '""**^*" "^^ involuntary servitude, except as a punishment tor
standing army. Crime. No standing army shall be kept in time of peace ;
Art. 3.] STATE OF ARKANSAS. 7
the military shall, at all times, be in strict subordination to JlUi^tl^'^to '"cwu
the civil power; and no soldier shall be quartered in any Quartering of
troops.
house, or on any premises, without the consent of the owner,
in time of peace ; nor in time of war, except in a manner
prescribed by law.
Sec. 28. All lands in this State are declared to be Tenure of lands.
allodial; and feudel tenures of every description, with
all their incidents, are prohibited.
Sec. 29. This enumeration of rights shall not be This enumera-
" tion of rights not
construed to deny or disparage others retained by the other'rfghTs!
people; and to guard against any encroachments on the Paramount au-
rio^hts herein retained, or any transgression of any of the uiglts'^ Ind of
■^ "^ Constitution.
higher powers herein delegated, we declare that everything
in this article is excepted out of the general powers of the
government; and shall forever remain inviolate; and that
all laws contrary thereto, or to the other provisions lierein
contained shall be void.
ARTICLE III.
Franchise and Elections.
Sec 1. Every male citizen of the United States, or Qualifications of
electors.
male person who has declared his intention of becoming a
citizen of the same, of the age of twenty one years, who has
resided in the State twelve months, and in the county six
months, and in the voting precinct or ward one month, next
preceding any election, where he may propose to vote, shall
be entitled to vote at all elections by the people.
Sec 2. Elections shall be free and equal. No power. Freedom of elec-
tions,
civil or military, shall ever interfere to prevent the
free exercise of the right of suffrage; nor shall any law be Right of suffrage
not to depend on
enacted, whereby the right to vote at any election shall be pi-ovious rogis-
' 'J n .7 tration.
made to depend upon any previous registration of the elec-
tor's name; or whereby such right shall be impaired or for- Or impairabie
*" except on con-
feited, except for the commission of a felony at common law, oifyj"" *'"' *''^'
upon lawful conviction thereof.
8 COISrSTITUTIOJSr OF THE [Art. 3.
Election's to be ggc. 3. AH elections by the people shall be by bal-
Numbering of lot. Everv ballot sliall be numbered in the order in which
ballots. ''
it shall be received, and the number recorded by the election
officers, on the list of voters opposite the name of the elector
Secrecy of the who prcscuts the ballot. Tlic election officers shall be sworn
ballot.
or affirmed not to disclose how aliy elector shall have voted,
unless required to do so as witnesses in a judicial proceeding,
or a proceeding to contest an election.
Privilege of eiec- 8ec. 4. Elcctors shall, in all cases (except treason,
tors.
felony and breach of the peace,) be privileged from arrest
during their attendance at elections, and going to and from
the same.
Idiots and in- Sec. 5. No idiot or insauc person shall be entitled to the
sane.
privileges of an elector.
Corrupt viola- Sec. 6. Auv pcrson wlio sliall be convicted of fraud,
tion of election *^ ^ '
if7for*officir'''~ bribery, or other wilful and corrupt violation of any election
law of this State, shall be adjudged guilty of a felony, and
disqualified from holding any office of trust, or profit in this
State.
u. s. soldiers, Sec. 7. N^o soldicr, sailor, or marine, in the rail-
sailors, and
marines. itary or naval service of the United States, shall acquire
a residence by reason of being stationed on duty in this
State.
Time of holding Seo. 8. The general elections sliall be held biennially,
general e 1 e c - o j •>
on the first monday of September ; but the General Assembly
may by law, fix a different time.
Testimony in Sec. 9. In trials of coutcstcd elections and in pro-
cases of con- '■
tested elections, cecdiugs for the investigation of elections, no person
shall be permitted to withhold his testimony on the ground
that it may criminate himself, or subject him to public
infamy; but such testimon}^ shall not be used against him in
any judicial proceeding, except for perjury in giving such
testimony. •
Causes of dis- Sec. 10. No pcrsou shall be qualified to serve as an
qualification as
election officer, election officer, who shall hold, at the time of the election,
Art. 4.] STATE OF ARKAN^SAS. ' 9
any office, appointment, or employment in oi' under the
government of tlie United States, or of this State, or in any
city or county or any municipal board, commission or trust
in iiuy city, save only the justices of the peace, and aldermen,
notaries public, and persons in the militia service of the
State. Nor shall an}- election officer be eligible to any civil
office to be filled at an election at which he shall serve — save
only to such subordinate municipal or local offices, below the
grade of city or county officers, as shall be designated by
general law.
Sec. 11. If the officers of m\y election shall unlaw- votes iii.iawiui-
ly refiisrU. i<> Itf
fully refuse or fail to receive, count or return the vote orcoSest" '""'
or ballot of any qualified elector, such vote or ballot shall
nevertheless be counted upon the trial of any conte[n]st
arising out of said election.
Sec. 12. All elections by persons acting in a repre- Elections by
parties represen-
sentative capacity shall be viva voce. tative.
ARTICLE IV.
Departments.
Sec. 1. The powers of the government of the State Departments
government.
of Arkansas shall be divided into three distinct departments,
each of them to be confided to a separate body of magistracy,
to wit: Those which are legislative, to one ; those which are
executive, to another; and those which are judicial to
another.
Sec. 2. No person or collection of persons, being Separation of de-
'^ partments.
of one of these departments, shall exercise any power
belonging to either of the others, except in the instances
hereinafter expressly directed or permitted.
2
10 CONSTITUTION OF THE [Am 5.
ARTICLE V.
Legislative.
General Assem- Section 1. The legislative power of this State shall be
vested in a General Assembly, which shall consist of the Sen-
ate and House of Representatives.
Sntotive^s.^^'''"^' ^^c- 2. The House of Representatives shall consist
of members to be chosen every second year by the qualified
electors of the several counties.
Senate. Sec. 3. The Scuatc shall consist of members to be
. chosen every four years, by the qualified electors of the
several districts. At the first session of the Senate, the Sena-
tors shall divide themselves into two classes, by lot, and the
first class shall hold their places for two years only, after
which all shall be elected for foui* years.
ienSs"*'°'and Sec. 4. No pcrsou shall be a Senator or Rcpresenta-
Representatives.
tive who, at the time of his election, is not a citizen of
the United States, nor any one who has not been for two
years next preceding his election, a resident of this State,
and tor one year next preceding his election, a resident of
the county or district whence he may be chosen. Senators
shall be at least twenty five 3'ears of age, and Representatives
at least twenty one years of age.
Times of meeting. Sec. 5. The General Assembly shall meet at the seat
of government every two years, on the first tuesday
after the second monday in November, until said time be
altered by law.
Vacancies. Sec. 6. The Govomor shall issue writs of election,
to fill such vacancies as shall occur in either house of the
General Assembly.
Art. 5.] STATE OF ARKANSAS. 11
Sec. 7. No iudire of the Siiijreme, Circuit or iiife- officers ineligible
•* '^ ^ to (ileneral As-
rior courts, of law or equity, Secretary of State, Attorney "^^"^ ^*
General for the State, Auditor or Treasurer, Recorder, clerk
of any court of record, sheriff, coroner, member of Congress,
nor any other person holding any lucrative office under the
United States or this State, (militia officers, Justices of the
peace, postmasters, officers of public schools and notaries
excepted), shall be eligible to a seat in either house of the
General Assembly.
Sec. 8. No person who now is, or shall be hereafter. Holders of public
^ ' ' moneys disiiuali-
„ , 111 /■ 1 1- • i i tied for office, un-
a collector or holder of public money, nor any assistant til sctucment,
or deputy of such holder or collector of public money, shall
be eligible to a seat in either house of the General Assembly,
nor to any office of trust or profit, until he shall have
accounted for and paid over, all sums for which he may have
been liable.
Sec. 9. No person hereafter convicted of embezzle- 9*'"^''^'*°°''^'r
^ famous crime to
raent of public money, bribery, forgery, or other infamous fice'!"'^ * ^
crime, shall be eligible to the General Assembly or capable
of holding any office of trust or profit in this State.
Sec. 10. No Senator or Representativ.e shall, during fe^n\'^\;^e ^dls-
the term for which he shall have been elected, be ap- office. *^'
pointed or elected to any civil office under this State.
Sec. 11. Each house shall appoint its own officers, Each house to
appoint its offi-
and shall be sole judge of the qualifications, returns and elec- S """qliaUficT
tions, etc., of its
tions of its own members. A majority of all the members Qui^Jum!"
elected to each house shall constitute a quorum to do busi-
ness ; but a smaller number may adjourn from day to day,
and compel the attendance of absent members, in such man-
ner and under such penalties as each house shall provide.
Sec. 12. Each house shall have the power to de- iiuies.
termine the rules of its proceedings; and punish its mem- Punishment for
^ o ^ 1 contempts.
bers or other persons, for contempt or disorderly behavior in
its presence ; enforce obedience to its process ; to protect its Enfoj-coment of
12 CONSTITUTION OF THE - [Am 5.
Protection of niciubcrs ti^jcaiiist violence or offers of bribes, or private solic-
meiubcrs. o j r ^
Expulsion of itiitioiis ; and, with the concurrence of two-thirds, expel a
members,
member ; but not a second time for the same cause. A mem-
ber expelled for corruption shall not, thereafter, be eligible
"^^ to either house; and punishment for contempt, or disorderly
behavior, shall not bar an indictment for the same offense.
Journal. Each housc shall keep a journal of its proceedings ; and, from
time to time, publish the same, except such parts as require
Yeas and nays, sccrccy ; and the yeas and nays, on any question, shall, at
the desire of any five members, be entered on the jour-
nals.
Proeedingsto bo Sec. 13. The sessious of cach house, and of coni-
publiG. '
mittees of the whole, shall be open, unless when the
business is such as Ought to be kept secret.
Elections by Sec. 14. Whenever an officer, civil or railitarv,
joint or concur- "^ '
lent vote. gj^^|j ^^^ appointed by the joint or concurrent vote of both
houses or by the separate vote of either house of the General
Assembly, the vote shall be taken viva voce and entered on
the journals.
Privileges of Sec. 15. The members of the General Assembly
Senators and
Representatives, gj^^]]^ ^jj ^^ ^^^^^ cxcept trcason, fclony, and breach, or
surety of the peace, be privileged from arrest during their at-
tendance at the sessions of their respective houses ; and, in
going to, and returning from the same; and, for any speech
or debate in either house, they shall not be questioned in any
other place.
Pay and mileage. Sec. 16. Tlic members of the General Assembly shall
receive such per diem pay and mileage for their services, as
shall be fixed by law. Ko member of either house shall, dur-
^ ing the term for wjiich he has been elected, receive any in-
crease of pay for his services, under any law passed during
Term to begin sucli term. The term of all members of the General Assem-
with election.
bly shall begin on the day of their ele<*tion.
Duration of ses- Sec. 17. The regular biennial sessions shall not exceed
Bions. °
sixty days in duration; unless by a vote of two-thirds of
Art. 5.] STATE OF ARKANSAS. 13
the members elected to each house of said General
Assembly. Provided, that this section shall not apply to the
first session of the General Assembly under this Constitution,
or when impeaoiiments are pending.
Sec. 18. Each house, at the beginning of every regular Presiding officers.
session of the General Assembly, and whenever a vacancy
may occur; shall elect from its members a presiding
officer, to be styled, respectively, the President of the Senate, President of Sen-
ate to succeed to
and the Speaker of the House of Representatives ; and when- elToT vac\ncy^°
ever, at the close of any session, it may appear that the term
of the member elected President of the Senate will expire
before the next regular session, the Senate shall elect another '
President from those members whose terms of office continue
over, who shall qualify and remain President of the Senate
until his successor maybe elected and qualified; and who,
in the case of a vacancy in the office of Governor, shall per-
form the duties and exercise the powers of Governor, as else-
where herein provided.
Sec. 19. The style of the lawc^ of the State of Arkansas style ot laws.
shall be: "Be it enacted by the General Assembly of the
State of Arkansas."
Sec. 20. The State of Arkansas shall never be made state not to be
sued in her courts.
defendant in any of her courts.
Skc. 21. No law shall be passed except by [by] bill, and i-aws to be by bin.
no bill shall be so altered or amended on its passage through Amendment of
° * bills.
cither house, as to change its original purpose.
Sec. 22. Every bill shall be read at length, on three Passage cfbiUs.
different days, in each house; unless the rules be
suspended by two-thirds of the house, when the same may
be read a second or third time on the same day ; and no bill
shall become a law unless, on its final passage, the vote be
taken by yeas and nays ; the names of the persons voting
for and against the same be entered on the journal; and a
majority of each house be recorded thereon as voting in its
favor.
14 CONSTITUTION^ OF THE [Art. 5.
Revival, amend- Sec. 23. No law shall be revivcd, amended, or the
ment, and exten-
sion, o aws. provisions thereof extended or conferred, by referenec
to its title only ; but [but] so much thereof as is revived,
amended, extended or conferred, shall be reeyacted and pub-
lished at length. •
Classes of special Sec. 24. The General Assembly shall not pass any
legislation pro-
hibited. \oc-dl or special law changing the venue in criminal
cases ; changing the names of persons, or adopting or legiti-
mating children; granting divorces; vacating roads, streets
or alleys.
Restriction on Sec. 25. In 3,11 cases whcrc a general law can be made
special legisla-
*'**"• applicable, no special law shall be enacted; nor shall
the operation of any general law be suspended by the
legislature for the beuelit of any particular individual, cor-
poration, or association; nor where the courts have jurisdic-
tion to grant the powers, or the privileges, or the relief asked
for.
Publication of Sec. 26. No local or special bill shall be passed, unless
nonce of local ^ ^ '
b. jjQ^-^g ^^^ ^i^g intention to apply therefor, shall have
been published, in the locality where the matter or the
thing to be aftected may be situated; which notice shall be,
at least, thirty days prior to the introduction into the Gen-
eral Assembly of such bill, and in the manner to be provided
by law. The evidence of such notice having been published,
shall be exhibited in the General Assembly before such act
shall be passed.
Extra compcnsa- Sec. 27. No cxtra Compensation shall be made to
tion to officers.
pfoTel^ and con- ^"J officcr, agent, employe or contractor, after the ser-
tractors.
Appropriations vicc sliall havc been rendered, or the contract made; nor
for claims, in
vided for°by pre- ^hall any money be appropriated or paid on any claim, the
existing laws.
subject matter of which shall not have been provided for by
preexisting laws; unless such compensation or claim, be
allowed by bil.l passed by two-thirds of the members elected
to each branch of the General Assembly.
Art. 5.] STATE OF ARKANSAS. 15
Sec. 28. Neither house shall, without the consent of Adjournment,
tlie other, adjourn for more than three days; nor to any
other place than that in which the two houses shall be
sitting.
Sec. 29. No money shall be drawn from the treasury Appropriations
to be specific, and
except in pursuance of specific appropriation made by years';'* *^ ^"""^
law, the purpose of which shall be distinctly stated
in the bill, and the maximum amount which may be drawn
shall be specified in dollars and cents ; and no appropriations
shall be for a longer period than two years.
Sec. 30. The general appropriation bill shall embrace General and
'-' J. i J. special appropri-
nothing but appropriations for the ordinary expense
of the executive, legislative and judicial departments of
the State; all other appropriations shall be made by sepa-
rate bills each embracing but one subject.
Sec. 31. No State tax shall be allowed, or appropria- Requisites to al-
lowance? of State
tion of money made, except to raise means for the prfations of mon-
ey.
payment of the just debts of the State, for defraying the nec-
essary expenses of government, to sustain common schools,
to repel invasion and suppress insurrection, except by a
majority of two-thirds of both houses of the General Assem-
bly. .
Sec. 32. No act of the General Assembly shall limit Redress forinju-
ries to person or
the amount to be recovered for injuries resulting in death , property,
or for injuries to persons or property; and, in case
of death from such injuries, the right of action shall survive,
and the General Assembly shall prescribe for whose benefit
such action shall be prosecuted.
Sec. 33. No obligation or liability of any railroad, Liabilities of cor-
porations to the
or other corporation held or owned by this State shall ^*''^*'
ever be exchanged, transferred, remitted, postponed, or
in any way diminished by the General Assembly ; nor shall
such liability or obligation be released, except by payment
thereof into the State treasury.
16 CONSTITUTION OF THE [Art. 6.
Bills not to be g^c. 34. No uGw bill shall be introduced into either
introauced dur-
days of session, housc during the last three daj's of the session.
indictment.
Bribery of offi- Sec. 35. Any person who shall, directly or indirectly,
eers.
offer, give or promise any raone}^ or thing of value, tes-
timonial, privilege or personal advantage to any execu-
tive or judicial officer, or member of the General
Assembly; and any such executive or judicial officer, or
member of the General Assembly, who shall receive or con-
sent to receive any such consideration, either directl}- -or
indirectly, to influence his action in the performance or non-
performance of his public or official duty, shall be guilty of
a felony, and be punished accordingly.
Expulsion of Sec. 36. Proceedings to expel a member for a crimi-
member no bar to r> i
nal offense, whether successful or not, shall not bar an
indictment and punishment, under the criminal laws, for the
same offense.
ARTICLE VI.
Executive Department.
Executive offi- SECTION 1. The (ex)ecutive department of tliis State shall
eers. ^ ' ^
consist of a Governor, Secretary of State, Treasurer. of State,
?eft*of***govlrn- ^"^it^^ ^^ State, and Attorney General; all of whom shall
ment.
Terms of office, kccp tliGir omces lu pcrsoii at the seat of government and
hold their offices for the term of two years, and until their
Commissioner of succcssors are elected and qualified; and the General Assem-
State Lands. ^
bly may provide by law for the establishment of the office of
Commissioner of State Lands.
Governor. Sec. 2. The Supreme executive power of this State
shall be vested in a chief magistrate, who shall be styled
" the Governor of the State of Arkansas."
fti^ve'offic^er-f^*^" ^^^' ^- "^^^ Govcmor, Secretary of State, Treasurer
of State, Auditor of State, and Attorne}^ General shall
be elected by the qualified electors of the State at large, at
Art. 6.] STATE OF ARKAiN^SAS. 17
the time and places of voting for members of the General
Assembly; the returns of each election therefor shall be Returns,
sealed ii^^ separately and transmitted to the seat of govern-
ment by the returning officers, and directed to the Speaker
of the House of Representatives ; who shall, durinc^ the first Decinnition of
^ cluction.
week of the session, open and publish the votes cast and
given for each of the respective officers hereinbefore men-
tioned, in the presence of both houses of the General Assem-
bly. The person having the highest number of votes, for
each of the respective offices, shall be declared duly elected
thereto; but if two or more shall be equal, and highest in Case oi tie.'
votes for the same office, one of them shall be chosen by the
joint vote of both houses of the General Assembly, and a
majority of all the members elected shall be necessary to a
choice.
Sec. 4. Contested elections for Governor, Secretary contested ciec-
j?ciij^m n 1^ .T r, ^ tions for execu-
ot State, ireasurer of State, Auditor of State, and At- tive officers.
torney General shall be determined by the members of both
houses of the General Assembly, in joint session; wJio shall
have exclusive jurisdiction in trying and determining the
same, except as hereinafter provided in the case of special
elections ; and all such contests shall be tried and determined
at the first session of the General Assembly after the election
in which the same shall have arisen.
Sec. 5. 'No person shall be eligible to the office of Qualifications of
Governor.
Governor except a citizen of the United States, who shall
have attained the age of thirty years, and shall have been
seven years a resident of this State.
Sec. 6. The Governor shall be Commander-in-chief of g
the military and naval forces of this State except when ^^^''^"^'
they shall be called into the actual service of the United
States.
Sec. 7. He may require information, in writing, May require in-
'-' formation from
from the officers of the Executive Department, on any sub- tteDliSment
overnor to be
C o m mander-in-
18 CONSTITUTION OF THE [Art. 6.
Execution of the ject relating .to the duties of their respective offices; and
shall see that the laws are faithfully executed.
Messages to Gon- Sec. 8. He shall ffivc to the General Assembly, from
eral Assembly. "^
time to time, and at the close of his official term, to the
next General Assembly, information, by message, concerning
the condition and government of the State ; and recommend
for their consideration such measures as he may deem expe-
dient.
Great Seal of the Sec. 0. A scal of the State shall be kept by the
State. ^ -^
Governor, used by him officially and called the " Great Seal
of the State of Arkansas."
Grants and com- Sec. 10. All iifrauts and coHimissions shall be issued in
missions. '-'
the name, and by the authority of the State of Arkansas ;
swaled with the great seal of the State ; signed by the Gover-
nor, and attested by the Secretary of State.
Persons ineiigi- Sec. 11. No member of Congress, or other person hold-
ble to office of o ? ir
Governor. -^^^ ^^^^ under the authority of this State, or of the United
States, shall exercise the office of Governor, except as herein
provided.
Death.conviction Sec. 12. In case of the death, convictiou ou impeachment,
on impeachment,
^y.^of Govlmw' failure to qualify, resignation, absence from the State, or
other disability of the Governor, the powers, duties, and
emoluments of the office for the remainder of the term, or
until the disability be removed, or a Governor elected and
qualified, shall devolve upon, and accrue, to the President of
the Senate.
Impeachment or Sec. 13. If, during the vacaucy of the officc of Govemor,
other disability ' o ./ i
Senate! acting as the President of the Senate shall be impeached, removed from
Governor.
office, refuse to qualify, resign, die, or be absent from the
State ; the Speaker of the House of Representatives shall, in
like manner, administer the government.
Election to fill Sec. 14. Whenever the office of Governor shall have be-
vacancy in office
of Governor. come vacaut by death, resignation, removal from office or
otherwise, provided such vacancy shall not happen
within twelve months next before the expiration of the term
Art. 6.] STATE OF ARKANSAS. 19
of office for which the late Governor shall have been elected,
the President of the Senate or Speaker of the House of Rep-
resentatives, as the case may be, exercising the powers of
Governor for the time being, shall immediately cause an elec-
tion to be held to fill such vacancy, giving, by proclamation,
sixty days previous notice thereof, which election shall be
governed by the same rules prescribed for general elections
of Governor as far as applicable ; the returns shall be made Returns,
to the Secretary of State, and the acting Governor, Secretary
of State and Attorney General, shall constitute a board of
canvassers, a majority of whom shall compare said returns,
and declare who is elected : and if there be a contested elec- contested elec-
tion.
tion, it shall be decided as ma}^ be provided by law.
Sec. 15. Every bill which shall have passed both buis to be pre-
sented to (iov-
houses of the General Assembly, shall be presented to the ^[""'"^"'■"i"^''"^-
Governor ; if he approve it, he shall sign it ; but if he shall Proceedings in
case of veto.
not approve it, he shall return it, with his objections, to the
house in which it originated ; which house shall enter the
objections at large upon their journal, and proceed to recon-
sider it. If, after such reconsideration, a majority of the
whole number elected to that house, shall agree to pass the
bill, it shall be sent^ with the objections, to the other house ;
by which, likewise, it shall be reconsidered; and, if approved
by a majority of the whole number elected to that house, it
shall be a law; but in such cases, the votes of both houses,
shall be determined by "yeas and nays;" and the names of
the members voting for or against the bill, shall be entered
on the journals. If any bill shall not be returned by the Bin not returned
within five days.
Governor within five days, sunday excepted, after it shall *° ^^^co'^e a law.
have been presented to him, the same shall be a law in like
manner as if he had signed it; unless the General Assembly, piiis passed dur-
ing last five days
by their adjournment, prevent its return; in which case it "f ««»'''0'»-
shall become a law, unless he shall file the same, with his
objections, in the office of the Secretary of State, and give
20 COKSTITUTION OF THE [Art. 6.
notice thereof, by public proclamation, within twenty days
after such adjournment.
Concurrent or- Sec. 16. Evcry Order or resolution in which the con-
ders and resolu-
sinted to Govern- ^"^'•'^^^^^ ^^ ^^^^^ houscs of the General Assembly may be
or for approval. .. ,. t . i n u
necessary, except on questions or adjournment, shall be pre-
sented to the Governor, and, before it shall take effect, be
Proceedings- in approved by him; or, being disapproved, shall be repassed
case of veto.
by both houses, according to the rules and limitations pre-
scribed in the case of a bill.
Veto of items of Sec. 17. The Govcmor shall have power to disapprove
a p p r o p r i ation
'""^' any item or items, of any bill making appropriation of
money, embracing distinct items ; and the part or parts of
Proceedings in the bill approvcd sliall be the law; and tlie item or items of
such case. ^ ^
appropriations disapproved, shall be void unless repassed
according to the rules and limitations prescribed for the pas-
sage of other bills over the executive veto.
General pardon- Src. 18. In all crimim.1 and penal cases, except in those
ing power •
of treason and impeachment, the Governor shall have power
to grant reprieves, commutations of sentence, and pardons,
after conviction ; and to remit fines and forfeitures, under such
Pardoning power rulcs and regulations as shall be prescribed by law. In cases
in cases of trea-
^"°' of treason, he shall have power, by and with the advice and
consent of the Senate, to grant reprieves and pardons; and he
may, in the recess of the Senate, respite the sentence until
the .adjournment of the next regular session of the General
Information con- Assembly. He shall communicate to the General Assembly
cerning. pardons,
^unicsite^d^to iit cvcry regular session each case of reprieve, commutation
General Assem-
^^^- or pardon, with his reasons therefor; stating the name and
crime of the convict, the sentence, its date, and the date of
the commutation, pardon or reprieve.
Extra sessions of Sec. 19. The Govcmor may, by proclamation on extra-
General Assem-
cition "eVs^where Ordinary occasious, convene the General Assembly at the seat
than at seat of
government. of government, or at a different place, if that shall have
become, since their last adjournment, dangerous from an
Art. 6.] STATE OF ARKANSAS. 21
enemy or contagious disease; and he shall specify in his
proclamation the purpose for which they are convened; and
no other business than that set forth therein shall be trans-
acted until the same shall have been disposed of; after which
they may, by a vote of two thirds of all the members elected
to both houses, entered upon their journals, remain in session
not exceeding fifteen days.
Sec. 20. In cases of disagreement between the two houses case of disagree-
" ment, in General
of the General Assembly, at a regular or special session, with time™of adjSuru-
uient.
respect to the time of adjournment, the Governor may, if
the facts be certified to him by the presiding officers of the
two houses, adjourn them to a time not beyond the day of
their next meeting; and on account of danger from an enemy
or disease, to such other place of safety as he may think
proper.
Sec. 21. The Secretary of State shall keep a full and Duties of Secre-
tary of State.
accurate record of all the official acts and proceedings of the
Governor; and, when required, lay the same with all papers,
minutes and vouchers relating thereto, before either branch
of the General Assembly. He shall also discharge the duties Superintendent
of Public Instruc-
of Superintendent of Public Instruction, until otherwise ^'°""
provided by law.
Sec. 22. The Treasurer of State, Secretary of State, Audi- Duties of other
officers of Execu-
tor of State, and Attorney General shall perform such duties tive Department,
as may be prescribed by law; they shall not hold any other Theirdisquaiifica-
tion to hold other
office or commission, civil or military, in this State or under ^^^^-
any State, or the United States, or any other power, at one
and the same time; and in case of vacancy occurring in any vaca'ncies in
. their offices.
ot said offices, by death, resignation or otherwise, the Gov-
ernor shall fill said office by appointment for the unexpired
term.
Sec. 23. When any office, from any cause, may become v a e a n c i e s in
, office, not else-
vacant, and no mode is provided by the constitution and laws J^^ere provided
for filling such vacancy, the Governor shall have the power
to fill the same by granting a commission, which shall
22 . CONSTITUTIOI^ OF THE [Art. 7.
expire when the person elected to till said office, at the next
general election, shall be duly qualified.
ARTICLE Vll.
Judicial Department.
Judicial power. SECTION 1. The judicial powcr of the State shall be vcstcd
where vested.
in one Supreme Court; in circuit courts; in County and Pro-
Estabiishment of bate Court8;and in Justices of the Peace. The General
additional courts.
Assembly may also vest such jurisdiction as may be deemed
necessary in municipal corporation Courts, Courts of Com-
mon Pleas, where established ; and, when deemed expedient,
may establish separate courts of chancer3^
Supreme Court. Sec. 2. The Supreme Court shall be composed of three
Chief Justice. Judgcs, ouc of whom shall be styled Chief Justice, and
Quorum. elected as such ; any two of whom shall constitute a quorum,
and the concurrence of two Judges shall, in every case, be
necessary to a decision.
Increase ofnum- Sec. 3. Whcu the population of the State shall amount
ber of Judges of
Supreme Court. |.^ ^^^ million, the General Assembly may, if deemed neces-
sary, increase the number of Judges of the Supreme Court to
five; and, on such increase, a majority of Judges sViall be
necessary to make a quorum or a decision .
General jurisdic- Sec. 4. The Supreme Court, except in cases otherwise
tion ot bupreme ^ '-
provided by this Constitution, shall have appellate jurisdic-
tion only; which shall be coextensive with the State, under such
restrictions as may from time to time be prescribed by law.
It shall have a general superintending control over all inferi-
or courts or law and equity ; and, in aid of its appellate and
supervisory jurisdiction, it shall have power to issue writs of
error, and supersedeas, certiorari, habeas corpus, prohibition,
mandamus, and quo warranto, and other remedial writs ; and
Jurisdiction to hear and determine the same. Its Judges shall be con-
ol i n d i V i d u a 1 '^
preme Court. '^"' scrvators of the peace throughout the State, and shall sever-
ally have power to issue any of the aforesaid writs.
Art. 7.] STATE OF AEKANSAS. 23
Sec. 5. In the exercise of original iurisdictiou, the Jurisdiction of
'-' "^ Supreme Court in
Supreme Court shall have power to issue writs of quo war- "'"' '"«''"*""'•
ranto to the Circuit Judges and Chancellors, when created,
and to officers of Political Corporations when the question
involved is the legal existence of such corporations.
Sec. 6. A Jud^e of the Supreme Court shall be at least Qualifications of
•^ ^ JurlKes of bu-
thirty years of age, ol good moral character, and learned in
the law ; a citizen of the United States, and two years a resi-
dent of the State ; and who has been a practicing lawyer
eight years, or whose service npon the bench of any Court of
Kecord, when added to the time he may have' practiced law,
shall be equal to eight years. The Judges of the Supreme Election.
Court shall be elected by the qualified electors of the State,
and shall hold their offices during the term of eight years Termor office,
from the date of their commissions ; but at the first meeting
of the Court, after the first election under this Constitution,
the Judges shall, by lot, divide themselves into three classes ;
one of which shall hold his office for four, one for six, and
the other for eight years; after which, each Judge shall be
elected for a full term of eight years. A record shall be
made in the court of this classification.
Sec. 7. The Supreme Court shall appoint its Clerk and cierk nnd Re-
porter of Supreme
Reporter, who shall hold their offices for six years, subject to Termof office,
removal for good cause.
Sec. 8. The terms of the Supreme Court shall be held at Terms of Su-
preme Court,
the seat of government, at the times that now are, or may be,
provided by law.
Sec. 9. In case all, or any of the Judges of the Supreme Special Judges
of Supreme
Court shall be disqualified from presiding in any cause or ^''"'■''•
causes, the Court, or the disqualified Judge, shall certify the
same, to the Governor, who shall immediately commission
the requisite number of men learned in the law, to sit in the
trial and determination of such causes.
24 CONSTITUTION OF THE [Art 7.
Compensation of Seg. 10. The Supreme Judges shall at stated times, re-
Supreme Judges.
ceive a compeiisatiou for their services to be ascertaiued by
law, which shall not be, after the adjournment of the next
General Assembly, diminished during the time for which
Their disquaiifi- they shall have been elected. They shall not be allowed any
cation to hold
other office. f^^^ ^^ perquisites of ofl&ce, nor hold any other office, nor
hold any office of trust or profit under the State or the United
States.
Jurisdiction of Sec. 11. The circuit court shall have jurisdiction in all
Circuit Courts.
civil and criminal cases, the exclusive jurisdiction of which
may not be vested in some other court provided for by this
Constitution.
Terms of Circuit Skc. 12. The Circuit Courts shall hold their terras in each
Courts.
county, at such times and places as are, or may be, prescribed
by law.
Judicial circuits. Sec. 13. The State shall be divided into convenient cir-
cuits, each circuit to be made up of contiguous counties, for
Judge of Circuit cacli of which circuits a Judge shall be elected ; who, during
Court to reside
to/ of ^"eacrfn ^^^^ coutinuancc in office, shall reside in and be a conservator
his circuit.
of the peace within the circuit for which he shall have been
elected.
Superintending Sec. 14. The circuit courts shall exercise a superintend-
and appellate ju-
cuit'cou?ts.^ ^"' ing control and appellate jurisdiction over County, Probate,
Court of Common Pleas, and Corporation Courts and Jus-
tices of the Peace ; and shall have power to issue, hear and
determine all the necessary writs to carry into effect their
general and specific powers, any of which writs may be issued
upon order of the Judge of the appropriate court in vaca-
tion.
Equity jurisdic- Sbc. 15. Until the General Assembly shall deem it expe-
tion of Circuit '' ^
dient to establish Courts of Chancery, the Circuit Courts
shall have jurisdiction in matters of equity, subject to appeal
to the Supreme Court, in such manner as may be prescribed
by law.
Art. 7.] STATE OF ARKANSAS. 25
Sec. 16. A Jud^e of the Circuit Court sluill be a citizen OuaiificaUons of
^ Judges of Circuit
of the United States, at least twenty eight years of age, of ^"'"^'^*
good moral character, learned in the law, two years a resi-
dent of the State, and shall have practiced law six years, or
whose service upon the bench of any court of record, when
added to the time he may have practiced law, shall be equal
to six years.
Sec. 17. The Judges of the Circuit Courts shall be elected Election of
Judges of Circuit
by the qualified electors of the several circuits, and shall Term of office.
hold their offices for the term of four years.
Sec. 18. The Judges of the Circuit Courts shall at stated Compensation of
Judges of Circuit
times, receive a compensation for their services to be ascer- ^""""'s-
tained by law; which shall not after the adjournment of the
first session of the General Assembly, be diminished during
the time for which they are elected. They shall not be
allowed any fees or perquisites of office, nor hold any other Disqualification
to hold other
office of trust or profit under this State or the United States. "®*'®-
Sec. 19. The clerks of the Circuit Court shall be elected cierks of circuit
Courts. Election.
by the qualified electors of the several counties, for the term Term of office.
of two years, and shall be ex-officio clerks, of the County to be ex oMcio
County and Pro-
and Probate Courts, and Recorder; provided, that in any [f^^^^^JJIl^^g^^* *"•*
, 1 . , . T. . . , , Separate County
county having a population exceeding fifteen thousand iiihab- cierks in certain
^ ^ ^ t- r> counties.
itants, as shown by the last federal s(c)ensus, there shall be
elected a county clerk, in like manner as clerk of the Circuit
Court, who shall be ex-officio Clerk, of the Probate Court of To be ex officio
Probate Clerk.
said County.
Sec 20. " No Judge or Justice shall pri(e)side in the trial interest, consan-
guinity, etc., to
of any cause in the event of which he may be interested, or from presidlnglt
I • 1 ♦ ^1 trial.
Where eithCr of the parties shall be connected with him by
consanguinity or affinity, within such degree as may be pre-
scribed by law ; or in which he may have been of counsel ; or
have presided in any inferior Court.
Sec 21. Whenever the office of Judge of the Circuit Special Judges
, *" of Circuit Courts.
Court of any county is vacant at the commencement of a
26 CONSTITUTION OF THE [Art. 7.
term of such Court, or the Judge of said Court shall fail to
attend, the regular practicing attorneys in attendance on said
Court, may meet at 10 o'clock A. M. on the second day of
the term and elect a Judge to preside at such Court, or until
the regular Judge shall appear : and if the Judge of said
court shall become sick, or die, or unable to continue to hold
such Court after its term shall have commenced, of shall
from any cause be disqualified from presiding at the trial of
any cause then pending therein, then the regular practicing
attorneys in attendance on said court may in like manner, on
notice from the Judge, or clerk of said Court, elect a Judge
Powersof Special to prcsidc at such Court, or to try said causes; and the
Judges.
attorney so elected shall have the same power and authority
in said Court as the regular Judge would have had if present
and presiding; but this authority shall cease at the close of
the term at which the election shall be made. The proceed-
Their quaiifica- ings shall be entered at large upon the record. The special
tions.
Judge shall be learned in the law, and a resident of the
State.
Sec. 22. The Judges of the Circuit Courts may tempor-
arily exchange circuits, or hold courts for each other under
such regulations as may be prescribed by law.
Exchange of cir- Sec. 23. Judgcs shall uot chargc Juries with regard to
matters of fact, but shall declare the law ; and, in jury trials
shall reduce their charge or instructions to writing, on the
request of either party.
Prosecuting At- Sec. 24. The qualified clcctors of each circuit shall elect
torneys.
Term of office. a Prosecutiug Attomcy, who shall hold his office for the term
Qualifications, of two ycars ; and he shall be a citizen of the United States,
learned in the law, and a resident of the circuit for which he
may be elected.
Judges prohibi- Sec. 25. The Judgcs of the Supreme, Circuit, or Chancery
ted from practis- * i: ' ? J
ing aw. Courts shall not, during their continuance in ofiice, practice
law, or appear as counsel in any court — State or Federal —
within this State.
Art. 7.] STATE OF AKKANSAS. 27
Sec. 26. The General Assembly shall have power to Contempts not in
presence of court
regulate, by law, the punishment of Contempts ; not committed of proelss.^*^'"'"^^
in the presence or hearing of the Courts, or in disobedience
of process.
Sec 27. The Circuit Court shall have jurisdiction upon Removal of coun-
ty and township
information, presentment or indictment, to remove any °®''®''^-
county or township officer from office for incompetency,
corruption, gross immoi'ality, criminal conduct, malfeasance,
misfeasance, or nonfeasance in office.
Sec. 28. The county courts shall have exclusive original Jurisdiction of
County Courts.
jurisdiction in all matters relating to county taxes, roads,
bridges, ferries, paupers, bastardy, vagrants, the apprentice-
ship of minors, the disbursement of money for county pur-
»
poses, and in every other case that may be necessary to the
internal improvement and local concerns of the respective
counties. The County Court shall be held by one Judge, county Court to
be iield by one
except in cases otherwise herein provided. •'"^^°"
Sec 29. The Judge or the County Court shall be elected Judges of county
Courts.
by the qualified electors of the county, for the term of two Term'o" 'office.
years. He shall be at least twenty five years of age, a citizen Qualifications,
of the United States, a man of upright character, of good
business education, and a resident of the State, for two years
before his election; and a resident of the County at the time
of his election, and during his continuance in office.
Sec 30. The Justices of the Peace of each county shall Quorum of the
county.
sit with and assist the County Judge in levying the county i*"*^*'''^-
taxes, and in making appropriations for the expenses of the
county, in the manner to be prescribed by law; and the County Majority must sit.
Judge, together with a majority of said Justices, shall con-
stitute a quorum for such purposes; and in the absence of the
County Judge a majority of the Justices of the Peace may
constitute the Court, who shall elect one of their number to
preside. The General Assembly shall regulate by law the compulsory at-
tendance,
manner of compelling the attendance of such quorum.
28 CONSTITUTION OF THE [Art. 7.
Terms of County Sec. 31, The terms of the county courts shall be held at
Courts.
the times that are now prescribed for holding the Supervi-
sors' courts, or may hereafter be prescribed by law.
Courts of Com- Sec. 32. The General Assembly may authorize the Judge
mon Pleas,
of the County Court of any one or more counties, to hold
severally a quarterly Court of Common Pleas, in their
Jurisdiction. respcctivc Couutics ; which shall be a court of record, with
such jurisdiction in matters of contract and other civil
matters, not involving title to real estate, as may be vested in
such court.
Appeals from Sec. 33. Appeals from all iud^ments of County Courts or
County Courts ^ ^ ' ^ "^
Co?nmSn'pflas.°*^ Courts of Commoii Flcas, when established, may be taken to
the Circuit Court under such restrictions and regulations as
may be prescribed by law.
Courts of Pro- Sec. 34. The Judo^e of the County Court shall be the
bate. '^ *^
Jurisdiction. Judgc of the Court of Probate, and liave such exclusive
original jurisdiction in matters relative to the probate of
wills, the estates of deceased persons, executors, administra-
tors, guardians, and persons of unsound mind, and their
estates, as is now vested in the Circuit Court, or may be
Terms. hereafter prescribed by law. The regular terras of the Court
of Probate shall be held at the times that may hereafter be
prescribed by law.
Appeals from Sec. 35. Appeals may be taken from iudffments and
Probate Courts. ci J J b
orders of the Probate Court to the Circuit Court, under such
regulations and restrictions as may be prescribed by law.
Special Judges Sec. 36. Whenever a Judge of the Countj^ or Probate
for County and
Probate Courts. Court may bc disqualified from presiding, in any cause or
causes pending in his court, he shall certify the facts to the
Governor of the State, who shall thereupon commission a
special Judge to preside in such cause or causes during the
time said disqualification may continue, or until such cause or
causes may be finally disposed of.
Compensation of Sec. 37. The Couuty Judgc shall receive such compensa-
County Judge. ./ ^-
tion for his services as presiding Judge of the County Court,
Art. 7.] STATE OF ARKANSAS. 29
as Judge of the Court of Probate, and Judge of the Court of
Common Pleas, when established, as ma}^ be provided by
law. In the absence ot the circuit Judge from the county. His jurisdiction
in absence of Cir-
the County Judge shall have power to issue orders for county"'^^'' ^^^^
injunction and other provisional writs in their counties,
returnable to the Court having jurisdiction; provided, that
either party may have such order reviewed by any superior
Judge in vacation in such manner as shall be provided by
law. The County Judge shall have power, in the absence of
the Circuit Judge from the county, to issue, hear and deter-
mine writs of habeas corpus, under such regulations and
restrictions as shall be provided by law\
Sec. 38. The qualified electors of each township shall justices of the
Peace. Election.
elect the Justices of the Peace for the term of two j^ears ; i^^^^^ ^f ^g.^^
who shall be commissioned by the Governor, and their otiiciai Commission.
oath shall be indorsed on the commission.
Sec. 39. For every two hundred electors there shall be Number of Jus-
tices of the Peace.
elected one Justice of the Peace ; but every township, how-
ever small shall have two Justices of the Peace.
Sec. 40. They shall have original iurisdiction in the fol- Jurisdiction of
•^ & .» .Justices of the
lowing matters : First — Exclusive of the Circuit Court, in /sr*^Exoiusive of
Circuit Court.
all matters of Contract Avhere the amount in controversy
' does not exceed the sum of one hundred dollars, excluding
interest; and concurrent jurisdiction in matters of contract,
where the amount in controversy, does not exceed the sum
of three hundred dollars, exclusive of interest — Second 2d, Concurrent
with C i r c u i t
— Concurrent jurisdiction in suits for the recovery of^""""^"
personal property, where the value of the property does
not exceed the sum of three hundred dollars; and in
all matters of damage to personal property where the
amount in controversy does not exceed the sum of one
hundred dollars. Third — Such jurisdiction of misdemeanors 3d. in misde-
meanors.
as is now, or may be prescribed by law. Fourth— To sit as 4th, As examin-
ing courts;
examining Courts and commit, discharge^ or recognize
30 CONSTITUTION OF THE [Art 7.
offenders to the court having jurisdiction, for further trial
ke^pihe Jiace*** ^^^ ^^ ^^"^ pcrsons to keep the peace or for good behavior,
th, To issue pro- Fifth — For the foregoing purposes, they shall have power to
cess.
6th, As conserv- issuc all neccssary process. Sixth — They shall be con-
tors of the peace. "^
Denied juris- scrvators of tlic pcacc witliiu their respective counties. Pro-
diction in quos- ^
tionsofiand. yjjjgj^ ^ Justicc of the Pcacc shall not have jurisdiction
where a lien on land, or title or possession thereto is
involved.
Qualifications of Sec. 41. A Justicc of the Pcacc shall be a qualified
Justices of the -^
Peace. elcctor ^.ud a resident of the township for which he is
elected.
Appeals from Sec. 42. Appeals may be taken from the final judgments
Justices of the
Peace. ^£ ^^^q Justiccs of the Pcacc, to the Circuit Courts, under
such regulations as are now, or may be provided by law.
Jurisdiction o f Sec. 43. Corporation Courts, for towns and cities, may be
Corporation ^ ' ^ .J
invested with jurisdiction concurrent with Justices of the
Peace in civil and criminal matters, and the General
Assembly may invest such of them as it may deem expedient
with jurisdistion of any criminal offences not punishable by
death, or imprisonment in the penitentiary, with or without
indictment, as may be provided by law ; and, until the
General Assembly shall otherwise provide, they dhall have
the jurisdiction now provided by law.
Pulaski Chance- Sec. 44. The Pulaski Chancery Court shall continue in
ry Court.
existence until abolished by law or the business pending at
the adoption of this Constitution shall be disposed of, or the
Term of office of pending busiucss be transferred to other courts. The Judge
Judge and Clerk.
and clerk of said Court shall hold oflace for the term of two
Election. ycars ; and shall be elected by the qualified voters of the
Proceedings reia- State. All suits and proceedings which relate to sixteenth sec-
tive to Sixteenth
Section Lands, ^-^y lauds, or to moucy duc for said lands shall be transferred
■ to the respective counties, where such lands are located, in
such manner as shall be provided by the General Assembly
at the next session.
i
Art. 7.] STATE OF ARKAN^SAS. 31
Sec. 45. The Separate Crimiual Courts established in this Separate Crimi-
nal Courts abol-
State are hereby abolished, and all the juri8d(ic)tion exer- Their* jurisdic-
tion transferred
cised by said Criminal Courts is vested in the Circuit Courts *« Circuit Courts.
of the respective counties; and all causes now pending
therein are hereby transferred to said Circuit Courts respect-
ively. It shall be the duty of the clerks of said Criminal Their records.
Courts to transfer all the records, books and papers pertain-
ing to said Criminal Courts to the Circuit Courts of their
respective counties.
Sec. 46." The qualified electors of each county shall elect County executive
^ "^ officers.
one Sheriff, who shall be ex-ofiicio collector of taxes, unless
otherwise provided by law ; one Assessor, one Coroner, one
Treasurer, who shall be ex-officio treasurer of the common
school fund of the county, and one County Surveyor; for the Term of office,
term of two years, with such duties as are now or may be
prescribed by law : Provided, that no per centum shall Compensation of
Assessors.
ever be paid to Assessors upon the valuation or assessment of
property by them.
Sec 47. The qualified electors of each township shall Constables.
elect a Constable, for the term of two years, who shall be fur- Their commis-
sions.
nished by the presiding Judge of the County Court, with a
certificate of election, on which his official oath shall be in-
dorsed.
Sec 48. All officers provided for in this article, except commissions of
officers.
Constables, shall be commissioned by the Governor.
Sec 49. All writs and other judicial process, shall run in style of process
and indictments.
the name of the State of Arkansas, bear test and be signed by
the clerks of the respective courts from which they issue,
j-ndictments shall conclude: "Against the peace and dig-
nity of the State of Arkansas."
Sec 50. All vacancies occurring in anv office provided Vacancies in of-
fices provided for
lor in this article, shall be filled by special election ; save that '''^'■*- ^"'
in case of vacancies occurring in county and township offices
six months, and in other offices nine months, before the next
32 • CONSTITUTION OF THE [Art. 8.
general election, such vacancies shall be tilled by appointment
by the Governor.
Appeals in ca.ses Sec. 51. That in all cascs of allowances made for or
of allowances for
ties?'*cUiesr"or against counties, cities, or towns, an appeal shall lie to the
towns.
circuit court of the couiity, at the instance of the party ag-
grieved, or on the intervention of any citizen or resident and
tax payer of such county, city or town, on the same terms
and conditions on which appeals may be granted to the cir-
cuit court in other cases ; and the matter pertaining to any
Appeal bond. such allowaucc shall be tried in the circuit court de' novo. In
case an appeal be taken by any citizen, he shall give a bond,
payable to the proper county, conditioned to prosecute the
appeal, and save the county from costs on account of the same
being taken.
Contested eiec- Sec. 52. That in all cases of contest for any County,
tion for county,
SpS'oflicer^''' township, or municipal office, an appeal shall lie at the
instance of the party aggrieved, from any inferior board,
council, or tribunal to the circuit court, on the same terms
and conditions on which appeals may be granted to the cir-
cuit court in other cases, and on such appeals the case shall
be tried de novo.
ARTICLE VIII.
Apportionment.
Number of Rep- SECTION 1. The IIousc of Representatives shall consist of
resentatives.
not less than seventy three, nor more than one hundred
Ratio of reprc members. Each county now organized shall always be enti-
sentation.
tied to one Representative; the remainder to be apportioned
the several counties according to the number of adult male
inhabitants, taking two thousand as the ratio, until the num-
ber of Representatives amounts to one hundred, when they
shall not be further increased, but the ratio of representation
shall, from time to time, be increased as hereinafter pro-
Art. 8.] STATE OF ARKANSAS. 33
vided ; so that the Representatives shall never exceed that
nomber. And until the enumeration of the inhabitants is Apportionment
of Representa-
taken by the United States government, A. D, 1880, the
Representatives shall be apportioned among the several coun-
ties as follows:
The county of Arkansas shall elect one Representative.
The county of Ashley shall elect one Representative. The
county of Benton shall elect two Representatives. The
county of Boone shall elect one Representative. The county
of Bradley shall elect one Representative. The county of
Baxter shall elect one Representative. The county of Cal-
houn shall elect one Representative. The county of Carroll
shall select one Representative. The county, of Chicot shall
elect one Representative. The county of Columbia shall
elect two Representatives. The county of Clark shall elect
two Representatives. The county of Conway shall elect one
Representative. The county of Craighead shall elect one
Representative. The county of Crawford shall elect one
Representative. The county of Cross shall elect one Repre-
sentative. The county of Crittenden shall elect one Repre-
sentative. The county of Clayton shall elect one Represent-
ative. The county of Dallas shall elect one Representative.
The county of Desha shall elect one Representative. The
county of Drew shall elect one Representative. The county
of Dorsey shall elect one Representative. The county of
Franklin shall elect one Representative. The county of Ful-
ton shall elect one Representative. The county of Faulkner
shall elect one Representative. The county of Grant shall
elect one Representative. The county of Green shall elect
one Representative. The county of Garland shall elect one
Representative. The county of Hempstead shall elect two
Representative. The county of Hot Spring shall elect one
Representative. The county of Howard shall elect one Rep-
resentative. The county of Independence shall elect two
5a
34 CONSTITUTION OF THE [Art. 8.
Representatives. The county of Izard shall elect one Repre-
sentative. The county of Jackson shall elect one Represen-
tative. The county of Jefferson shall elect three Repre-
sentatives. The county of Johnson shall elect one Repre-
sentative. The county of Lafayette shall elect one Repre-
sentative. The county of Lawrence shall elect one Repre-
sentative. The county of Little River shall elect one Repre-
sentative. The county of Lonoke shall elect two Repre-
sentatives. The county of Lincoln shall elect one Repre-
sentative. The county of Lee shall elect two Representa-
tives. The county of Madison shall elect one Representa-
tive. The county of Marion shall elect one Representative.
The county of Monroe shall elect one Representative. The
county of Montgomery shall elect one Representative. The
county of Mississippi shall elect one Representative. The
county of Nevada shall elect one Representative. The
county of Newton shall elect one Representative. The
county of Ouachita shall elect two Representatives. The
county of Perry shall elect one Representative. The county
• of Phillips shall elect three Representatives. The county of
Pike shall elect one Representative. The county of Polk
shall elect one Representative. The county of Pope shall
elect one Representative. The county of Poinsett shall elect
one Representative. The county of Pulaski shall elect four
Representatives. The county of Prairie shall elect one Rep-
resentative. The county of Randolph shall elect one Repre-
sentative. The county of Saline shall elect one Representa-
tive. The county of Sarber shall elect one Repesentative.
The county of Scott shall elect one Representative. The
county of Searcy shall elect one Representative. The
county of Sebastian shall elect two Representatives. The
county of Sevier shall elect one Representative. The county
of St. Francis shall elect one Representative. The county
of Stone shall elect one Representative. The county of
Art. 8.] STATE OF ARKANSAS. 35
Union shall elect two Representatives. The county of Van
Bnren shall elect one Representative. The county of Wash-
ington shall elect three Representatives. The county of
White shall elect two Representatives. The county of
Woodruff shall elect one Representative. The county of
Yell shall elect one Representative. The county of Sharp
shall elect one Representative.
Sec. 2. The Legislature shall, from time to time, divide Division of state
into Senatorial
the State into convenient Senatorial districts in such manner Rano*^*^of repre-
sentation in Sen-
that the Senate shall be based upon the adult male inhabi- **'^'
tants of the State; each Senator representing an equal num-
ber as nearly as practicable, and until the enumeration of prksent sknato-
RiAL Districts
the inhabitants is taken by the United States government ^^nt '^of^'sena-
TORS,
A. D. 1880, the districts shall be arranged as follows:
The counties of Greene, Craighead and Clayton shall com- 1st District,
pose the First district, and elect one Senator.
The counties of Randolph, Lawrence and Sharp shall com- 2nd District,
pose the Second district, and elect one Senator.
The counties of Carroll, Boone and Xewton shall compose srd District,
the Third district, and elect one Senator.
The counties of Johnson and Pope shall compose the 4th District.
Fourth district, and elect one Senator.
The county of Washington shall compose the Fifth dis- 5th District,
trict, and elect one Senator.
The counties of Lidependence and Stone shall compose 6th District,
the Sixth district, and elect one Senator.
The counties of Woodruff, St. Francis (^ross, and Critten- 7th District,
leu sliall compose the Seventh district, and elect one Senator.
The counties of Yell and Sarber shall compose the Eighth sth District,
district, and elect one Senator.
The counties of Saline, Garland, Hot Spring and Grant 9th District,
iihall compose the Ninth district, and elect one Senator.
The counties of Pulaski and Perry shall compose the loth District.
Tenth district, and elect two Senators.
36
CONSTITUTION OF THE
[Art.
11th District.
12th District.
13th District.
14th District.
15th District.
16th District.
17th District.
18th District.
19th District.
20th District.
21st District.
22d District.
23d District.
24th District.
25th District.
6 th District.
The county of Jefferson shall compose the Eleventh dis-
trict, and elect one Senator.
The counties of Lonoke and Prairie shall compose the
Twelfth district, and elect one Senator.
The counties of Arkansas and Monroe shall compose the
Thirteenth district, and elect one Senator.
The counties of Phillips and Lee shall compose the Four-
teenth district, and elect one Senator.
The counties of Desha and Chicot shall compose the Fif-
teenth district, and elect one Senator.
The counties of Lincoln, Dorsey and Dallas shall compose
the Sixteenth district, and elect one Senator.
The counties of Drew and Ashley shall compose the Sev-
enteenth district, and elect one Senator.
The counties of Bradley and. Union shall compose the
Eighteenth district, and elect one Senator.
The counties of Calhoun and Ouachita shall compose the
Nineteenth district, and elect one Senator.
The counties of Hempstead and Nevada shall compose the
Twentieth district, and elect one Senator.
The counties of Columbia, and Lafayette shall compose the
Twenty -first district, and elect one Senator.
The counties of Little River, Sevier, Howard and Polk
shall compose the Twenty-second district, and elect one Sen-
ator.
The counties of Fulton, Izard, Marion and Baxter shall
compose the Twenty -third district, and elect one Senator.
The counties of Benton and Madison shall compose the
Twenty-fourth district, and elect one Senator.
The counties of Crawford and Franklin shall compose the
Twenty-fifth district, and elect one Senator.
The counties of Van Buren, Conway and Searcy shall
compose the Twenty-sixth district, and elect one Senator,
Art. 9.] STATE OF ARKANSAS. 37
The counties of White and Faulkner shall compose the 27th District.
Twenty-seventh district, and elect one Senator.
The counties of Sebastian and Scott shall compose the 28th District.
Twenty-eighth district, and elect one Senator.
The counties of Poinsett, Jackson and Mississippi, shall 29th District,
compose the Twenty-ninth district, and elect one Senator.
The counties of Clark, Pike and Montgomery, shall com- soth District.
pose the Thirtieth district, and elect one Senator.
And the Senate shall never consist of less than thirty, nor Number of Sena-
tors.
more than thirty five members.
Sec. 3. Senatorial districts shall at all times cont(s)ist of Principles of
^ ' formation of Sen-
contiguous territory, and no county shall be divided in the
formation of a Senatorial district.
Sec. 4. The division of the State into Senatorial districts. Apportionments
when to be made.
and the apportionment of Representatives to the several
counties, shall be made by the General Assembly at the first
regular session after each enumeration of the inhabitants of
the State by the Federal or State government, shall have
been ascertained and at no other time.
ARTICLE IX.
Exemption.
Section 1. The personal property of any resident of this Exemption
of personal pro-
State, who is not married or the head of a family, in specific other thin "headl
of families from
articles to be selected by such resident, not exceeding in ^^'■''"'■'^^°''*®*'*'
value the sum of two hundred dollars, in addition to his or
her wearing apparel, shall be exempt from seizure on attach-
ment, or sale on execution or other process from any court
issued for the collection of any debt by contract : Provided,
That no property shall be exempt from execution for debts
contracted for the purchase money therefor .while in the
hands of the vendee.
Sec. 2. The personal property of any resident of this Exemption of
personal property
State, who is married or the head of a family, in specific arti- ifes."*"*' ""^ ^^°''"
CONSTITUTION OF THE [Art 9.
cles to be selected by such resident, not exceeding in value
the sum of five hundred dollars, in addition to his or her
wearing apparel, and that of his or her family, shall be ex-
empt from seizure on attachment, or sale on execution or
other process from any court, on debt by contract.
Homestead Sec. 3. The homcstcad of any resident of this state, who
exemption.
is married or the head of a family, shall not be subject to the
lien of any judgment or decree of any court, or to sale under
execution, or other process thereon, except such as may be
rendered for the purchase money, or for specific liens, labor-
ers' or mechanics' liens for improving the same, or for taxes,
or against executors, administrators, guardians, receivers,
attorneys for moneys collected by them, and other trustees of
an express trust, for moneys due from them in their fiduciary
capacity.
Extent of exemp- Sec. 4. The homcstcad outside any city, town or villasre,
tion of homestead J J ■> & ?
town/or'viiiage.' owned and occupied as a residence, shall consist of not ex-
ceeding one hundred and sixty acres of land, with the im-
provements thereon ; to be selected by the owner ; Provided,
The same shall not exceed in value the sum of twenty-five
hundred dollars, and in no event shall the homestead be
reduced to less than eighty acres, without regard to value.
Extent of exemp- Sec. 5. The houiestcad in any city, town or village, owned
tion of homestead J J ■> & >
town!*o/viiiage? '^^^^^ occupicd as a residence, shall consist of not exceeding
one acre of land, with the improvements thereon, to be
selected by the owner; provided, the same shall not exceed
in value the sum of two thousand five hundred dollars, and
in no event shall such homestead be reduced to less than
one quarter of an acre of land, without regard to value.
Homestead ex- Seo. 6. If the owucr of a homcstcad die, leaving a wido w,
emption for ben- °
but no childuen, and said widow has no separate homestead
in her own right, the same shall be exempt, and the rents and
Proviso — rights profits thereof shall vest in her during her .natural life ; Pro-
of children dur-
ng minority. yidcd, That if the owner leaves children, one or more, said
Art. 10.] STATE OF ARKAKSAS. 39
child or children shall share with said widow, and be enti-
tled to half the rents and profits till each of them arrives at
twenty one years of age — each child's rights to cease at twen-
ty-one years of age — and the shares to go to the younger
children; and then all to go to the widow; and provided,
that said widow or children may reside on the homestead or
not. And in case of the death of the widow, all of said home-
stead shall be vested in the minor children of the testator or
intestate.
Sec. 7. The real and personal property of anyfemme covert fy ^nSrnld^o-
men .
in this State, acquired either before or after marriage,
whether by gift, grant, inheritance, devise or otherwise,
shall, so long as she may choose, be and remain her separate
estate and property,- and may be devised, bequeathed or con-
veyed by her the same as if she were Sbfemme sole; and the
same shall not be subject to the debts of her husband.
Sec. 8. The General Assembly shall provide for the time Scheduling of
■^ ^ separate personal
and mode of scheduling the separate personal property of Swome^n."^^"^'
married women.
Sec. 9. The exemptions contained in the Constitution EfiFect of exemp-
tions of Constitu-
of 1868, shall apply to all debts contrated since the adoption
thereof, and prior to the adoption of this Constitution.
Sec. 10. The homestead provided for in this article shall Homestead ex-
emption for ben-
inure to the benefit of the minor children, under the exemp- of phan^ children';
tions herein provided, after the decease of the parents.
ARTICLE X.
Agriculture, MiNiN a, and Manufacture.
Section 1. The General Assembly shall pass such laws as Agricultural,
mining. and man-
will foster and aid the agricultural, mining and manutactur- est'S'sutJ."*""
ing interests of the State, and may create a bureau to be Mining. Manu-
facturing, and
known as the Mining, Manufacturing
Bureau.
40 CONSTITUTION OF THE [Art. 11.
State Geologist. Sec. 2. The Oeneral Assembly, when deemed expedient,
may create the office of State Geologist, to be appointed by
the Governor, by and with the advice and consent of the
Term of office. Senate, who shall hold his office for such time, and perform
Compensation. 8uch duties, and reccivc such compensation as may be pre-
Removai. scribcd by law; Provided: That he shall be at all times
subject to removal by the Governor, for incompetency or
gross neglect of duty.
Exemption from Sec, 3. The General Assembly may, by general law,
taxation.of mines "^ J ■> J r^ '
turei. ™'^°" ^'^' exempt from taxation for the term of seven years from the
ratification of this Constitution, the capital invested in any
or all kinds of mining and manufacturing business in this
State, under such regulations and restrictions as may be
prescribed by law.
ARTICLE XI.
Militia.
Persons liable to SECTION 1. The Militia shall cousist of all able-bodied
military duty.
male persons, residents of the State, between the ages of
eighteen and forty -five years ; except such as may be
Organization of exempted by the laws of the United States, or this State: and
militia. f J ' >
shall be organized, officered, armed and equipped and trained
in such manner as may be provided by law.
Volunteer com- Sec. 2. Voluuteer Companies of Infantry, Cavalry or
Artillery may be formed in such manner and with such
restrictions as maybe provided by law.
Privilege of miii- Sec. 3. The Yoluutcer and Militia forces shall in all
tia from arrest, at
muster, etc. cases (cxcept trcason, felony and breach of the peace) be
privileged from arrest during their attendance at muster and
the election of officers, and in going to and returning from
the same.
Authority to call Sec. 4. The Govcrnor shall, when the General Assembly
out volunteers "
and miiitia. jg ^^^ '^^ scssiou, have powcr to call out the Volunteers or-
Art. 12.] STATE OF ARKANSAS. 41
Militia, or both, to execute the hiws, repel iuvusioii, repress
insurrection and preserve the public peace; in such manner
as may be authorized by law. j^^^^^~^^
^O*' OR THR
'UlTIVEIlSITyl
ARTICLE XII. '^^:mti'
Municipal and Private Corporations.
Section 1. All existing charters or grants of special or Revocatiou of ex-
is t i n g charters
exclusive privileges under which a bona fide organization *°'^„^J^/*°'^'^' **^'"
shall not have taken place and business been commenced in
good faith, at the time of the adoption of this Constititution,
shall thereafter have no validity.
Sec. 2. The General Assembly shall pass no special act Limitation of
power of incor-
conferring corporate powers, except for charitable, educa- cfaTS ^^ ^^^'
tional, penal or reformatory purposes, where the corporations
created are to be and remain under the patronage and con-
trol of the state.
Sec. 3. The General Assembly shall provide, by general incorporation of
cities and towns.
laws, for the organization of cities (which may be classified)
and incorporated towns ; and restrict their power of taxa-
tion, assessment, borrowing money, and contracting debts, so
as to prevent the abuse of such power.
Sec 4. No municipal corporation shall be authorized to Limitation of leg-
islative power of
pass any laws contrary to the general laws, of the State ; nor ponltimls! *^'"^~
And of their
levy [levy] any tax on real or personal property to a greater power of taxa-
extent, in one year, than five mills on the dollar of the
assessed value of the same ; Provided: That to pay indebt- Payment of ex-
^ -i istuig indebted-
edness existing at the time of the adoption of this Consti- ^^^^'
tution, an additional tax of not more than five mills on the
dollar, may be levied.
Sec. 5. No county city, town or other municipal corpor- Municipal cor-
porations not to
ation, shall become a stockholder in any company, associa- fc."'*' ^*''*''''^*'^'
tion, or corporation; or obtain or appropriate money for, or Or financially as-
^ ^ ^ ^ / gjgj corporations,
loan its credit to, any corporation, association, institution or '^'^*^'
individual.
42 CON^STITUTIOJS' OF THE [Art. 12.
General incor- Sec. 6. Corporations may be formed under general laws ;
poration laws.
Hon*^am/revoca- which laws may, from time to time, be altered or repealed.
tion.
The General Assembly shall have the power to alter, revoke
or annul any charter of incorporation now existing and
revocable at the adoption of this Constitution, or any that
may hereafter be created, wheneyer, in their opinion, it may
be injurious to the citizens of this State ; in such manner,
however, that no injustice shall be done to the corporators.
state not to be Sec. 7. Exccpt as herein provided, the State shall never
interested in ^ ^
tions, etcr'^""'^'^ bocome a stockholder in, or subscribe to, or be interested in
the stock of any corporation or association.
Issue and in- Sec. 8. ^o private Corporation shall issue stocks or bonds,
crease of stock,
cOTporatioSs!^**^ cxccpt for mouey or property actually received, or labor done ;
and all fictitious increase of stock or indebtedness shall be
void ; nor shall the stock or bonded indebtedness of any
private corporation be increased, except in pursuance of gen-
eral laws, nor until the consent of the persons holding the
larger amount, in value, of stock, shall be obtained at a meet-
ing held after notice given for a period not less than sixty
days, in pursuance of law.
Compen s a t i o n Sec. 9. lS[o property, iior right of way, shall be appropria-
for property, and
kln'^fof ^us^e *of ted to the use of any corporation, until full compensation
corporations.
therefor shall be first made to the owner, in money ; or first
secured to him by a deposit of money ; which compensation,
irrespective of any benefit from any improvement proposed
by such corporation, shall be ascertained by a jury of twelve
men, in a court of competent jurisdiction, as shall be pre-
scribed by law.
Legislation au- Sec. 10. ^o act of tlic General Assembly shall be passed
thorizing issue of
prohibitel.^*''^'^' authorizing the issue of bills, notes, or other paper which may
circulate as money.
Foreign corpora- Sec. 11. Foreign corporations may be authorized to do
business in this State, under such limitations and restrictions
as may be prescribed by law ; Provided : That no such cor-
Art. 13.] STATE OF ARK:ANSA8. 43
poration shall do any business in this State, except while it
maintains therein one or more known places of business, and
an authorized agent or agents in the same, upon whom
process may be served ; and, as to contracts made or busi-
ness done in this State, they shall be subject to the same
regulations, limitations and liabilities as like corporations of
this State: and shall exercise no other or greater powers,
privileges or franchises than may be exercised by like corpor-
ations of this State; nor shall they have power to condemn
or appropriate private property.
Sec, 12. Except as herein otherwise provided, the State state not to as-
sume liabilities
shall never assume, or pay the debt or liability of any county, oorpoSnL "''
town, city or other corporation whatever; or any part
thereof; unless such debt or liability shall have been created Exceptions.
to repel invasion, suppress insurrection, or to provide for the
public welfare and defense. Nor shall the indebtedness of indebtedness of
corporations to
any corporation to the State, ever be relased, or in any man- ^^''''^•
ner discharged save by payment into the public Treasury.
ARTICLE XIII.
Counties, County Seats, and County Lines.
Section 1. No county now established shall be reduced to Mimimum limits
of counties, pre-
an area of less than six hundred square miles nor to less than ^cnbed.-
five thousand inhabitants; nor shall any new county be
established with less than six hundred square miles and five
thousand inhabitants: Provided, that this section shall not Exceptio.i..
apply to the counties ^f Lafayette, Pope and Johnson, nor be
so construed as to prevent the General Assembly from chang-
ing the line between the counties of Pope and Johnson.
Sec. 2. No part of a county shall be taken off to form a consent of voters
of territory af-
new county, or a part thereof, without the consent of a [r''''chanT'''of
., „ ,, . . , county lines.
majority of the voters in such part proposed to be taken ofi:*.
44 CON^STITUTION OF THE [Art 14.
Changes of coun- Sec. 3. ISTo couiity scat shall be established or changed
ty-seat,
without the consent of a majority of the qualified voters of
the county to be affected by such change, nor until the place
at which it is proposed to establish or change such county
County-seats of seat shall bc fullv designated : Provided, That, in formation
new counties. " '■- '
of new counties, the county seat may be located temporarily
by provisions of law.
Lines of new Bec. 4. In the formation of new counties, no line thereof
counties.
shall run within ten miles of the county seat of the county
proposed to be divided, except the county seat of Lafayette
■ county.
Division of Se- Sec. 5. Sebastian couuty may havc two districts, and two
bastian County
into two districts, county scats, at which county, probate, and circuit courts
shall be held as may be provided by law, each district paying
its own expenses.
ARTICLE XIV.
Education.
Free school sys- SECTION 1. Intelligence and virtue being the safeguards
.of liberty, and the bulwark of a free and good government,
the State shall ever maintain a general, suitable and efiicient
system of free schools, whereby all persons in the state,
betw^een the ages of six and twenty one years, may receive
gratuitous instruction.
Schools funds to Sec. 2. N'o moucy or property belon2:ing to the public
be used exclu-
po7es^ for" VMeh school fuud, or to this Statc, for the benefit of schools or.
set apart.
universities, shall ever be used for any other than for the
respective purposes to which it belongs.
state school-tax. Sec. 3. The General Assembly shall provide, by general
laws, for the support of Common Schools by taxes, which
shall never exceed in any one year two mills on the dollar on
Schio\'Fu^nd ^"'^ ^^^1® taxable property of the State; and by an annual per
capita tax of one dollar, to be assessed on every male inhabi-
Art. 15.] STATE OF ARKAKSAS. 45
tant of this State over the age of twenty one years ; Pro- School district
vided, The General Assembly may, by general law, author-
ize school districts to levy, by a vote of the qualified electors
of such district, a tax not to exceed five mills on the dollar
in any one year for school purposes; Provided further.
That no such tax shall be appropriated to any other purpose,
nor to any other district than that for which it was levied.
Sec. 4, The supervision of public schools, and the execu- Supervision of
public schools,
tion of the laws regulating the same, shall be vested in and ^*'''
confided to, such oflicers as may be provided for by the Gen-
eral Assembly.
ARTICLE XV.
Impeachment and Address.
Section 1. The Governor and all State officers. Judges of impeachments,
the Supreme and circuit courts, Chancellors and Prosecuting
Attorneys, shall be liable to impeachment for high crimes
and misdemeanors, and gross misconduct in office; but the Judgment,
judgment shall go no further than removal from office and
disqualification to hold any office of honor, trust or profit
under this State. An impeachment, whether successful or
not, shall be no bar to an indictment.
Sec. 2. The House of Representatives shall have the sole Power of im
peaehment.
power of impeachment. All impeachments shall be tried by Trial,
the Senate. When sitting for that purpose, the Senators
shall be upon oath or affirmation ; no person shall be con-
victed without the concurrence of two-thirds of the members
thereof. The Chief Justice shall preside, unless he is em-
peached or otherwise disqualified, when the Senate shall
select a presiding officer.
Sec. 3. The Governor, upon the joint address of two Removal upoi
thirds of the members elected to each House of the General '''
Assembly, for good cause, may remove the Auditor, Treas-
46 CONSTITUTION OF THE Art. 16.
iirer, Secretary of State, Attorney General, Judges of the
Supreme and circuit courts, Chancellors, and Prosecuting
Attorneys.
ARTICLE XVI.
Finance and Taxation.
Loan of public Sec. 1. ISTeitlier the State, nor any city, county, town
credit prohibited.
or other municipality in this State ^shall ever loan its credit
Issue of interest- for any purposc whatcvcr. Nor shall any county, Cit}'',
bearing evidences
edn^ess!e*xceJt\o Towu, or municipality ever issue any interest hearing evi-
pay present debt,
prohibited. dcuccs of indchtcdness ; except such bonds as may be
authorized by law to provide for, and secure the payment of,
the present existing indebtedness. And the State shall
never issue any interest bearing Treasury warrants or scrip.
Payment of state Sec. 2. The General Assembly shall, from time to time,
debt.
provide for the payment of all just and legal debts of the
State.
Misappropriation Sec. 3. The making of profit out of public moneys, or
of public moneys.
using the same for any purpose not authorized by law, by any
officer of the State, or member or officer of the General
Assembly, shall be punishable as may be provided by law,
but part of such punishment shall be disqualification to hold
office in this State for a period of five years.
Salaries and fees. Sec. 4. The General Assembly shall fix the salaries and
fees of all officers in the State ; and no greater salary or fee
than that fixed by law, shall be paid to any officer, employe,
Clerks, etc., of or Other pcrson, or at any rate other than par value; and the
departments of "^ ^
State. number and salaries of the clerks and employes of the differ-
ent departments of the State shall be fixed by law.
Uniform rule of Sec. 5. All property subject to taxation shall be taxed
according to its value; that value to be ascertained in such
manner as the General Assembly shall direct, making the
Art. 16.] STATE OF ARKANSAS. 47
same equal and uniform throughout the state. No one spe-
cies of property, from which a tax may be collected shall be
taxed higher than another species of property of equal value; Taxation of priv-
provided, the General Assembly shall have power, from time
to time, to tax hawkers, pedlers, ferries, exhibitions and privi-
leges, in such manner as may be deemed proper. Provided, Property exempt
^ ^ ^ r I J .from taxation.
further, that the following property shall be exempt from
taxation: Public property used exclusively for public pur-
poses; churches used as such; Cemeteries used exclusively
as such ; school buildings and apparatus ; Libraries and
grounds used exclusively for school purposes; and buildings
and grounds and materials used exclusively for public
charity
Sec. 6. All laws exempting property from taxation, other Exemption by
^ "^ ' statutory enact-
than as provided in this constitution shall be void. "'*'"*' '"''^'
Sec. 7. The power to tax corporations and corporate pro- Taxation of cor-
porate property,
perty, shall not be surrended or suspended, by any contract
or grant to which the state may be a party.
Sec. 8. The General Assembly shall not have power to Maximum rate
of state taxes.
levy State taxes for any one year to exceed, in the aggregate,
one per. cent, of the assessed valuation' of the property of the
State for that year.
Sec. 9. No county shall levy a tax to exceed one-half of Maximum rate
of county taxes.
one per. cent, for all purposes ; but may levy an additional
one-half of one per. cent, to pay indebtedness existing at the
t,ime of the ratification of this Constitution.
Sec. 10. The taxes of counties, towns and cities shall only county and mu-
, 1 1 • 1 n ^ nicipai taxes, in
be payable in lawful currency of the United States, or the "^^^^ payable.
orders or warrants of said counties, towns and cities respect-
i vely.
Sec. 11. No tax shall be levied except in pursuance of Levy and specific
, ^ . appropriation of
law, and every law imposing a tax shall state distinctly the *''''^''
object of the same; and no moneys arising from a tax levied
for one purpose shall be used for any other purpose.
48 CONSTITUTION OF THE [Art. 17.
Disbursements. Sec. 12. No nioiiey shall be paid out of the treasury until
the same shall have been appropriated by law ; and then
only in accordanee with said appropriation.
Right of citizen Sec. 13. Any Citizen of any county, city or town may
tosue inbelialf of
coSnty ''or^ mil- institute suit, in behalf of himself and all others interested,
to protect the inhabitants thereof against the enforcement of
any illegal exactions whatever.
ARTICLE XVil.
Railroads, Canals, and Turnpikes.
Railroads, etc.. Sec. 1. All railroads, canals and turnpikes shall be
public liighways,
Transportation public highways, and all railroads and canal companies shall
companies com-
Ri*Lht"^'*'"to '%on- be common carriers. Any association or corporation, organ-
struct railroads. i n i i • i
ganized for the purpose, shall have the right to construct and
operate a railroad between any points within this State, and to
connect at the State line with railroads of other States. Every
■Intersection and railroad compauy shall have the right with its road to inter-
connection of
railroads. scct, couiiect witli, or cross aiiy other road, and shall receive
and transport, each the other's passengers, tonnage and cars,
loaded or empty, without delay or discrimination.
Transportation Sec. 2. Evcry railroad, canal or turnpike corporation
companies to
State!'''" "^^^^ '" operated or partly operated in this State, shall maintain one
Transfers of officc therein, where transfers of its stock shall be made and
stock.
Books. where its books shall be kept for inspection by any stock-
holder or creditor of such corporation ; in which shall be
recorded the amount of capital stock subscribed or paid in
and the amounts owned by them respectively, the transfers
of said stock and the names and places of residence of the
officers.
Equal right to Sec. 3. All individuals, associations and corporations
transportation.
shall have equal right to have persons and property trans-
ported over railroads, canals and turnpikes ; and no undue
or unreasonable discrimination shall be made in charges for,
Art. 17.] STATE OF ARKA:N^SAS. 49
or in facilities for transportation, of freight or passengers
within the State, or coming from, or going to, any other
State. Persons and property transported over any railroad Reg uji^ati on of
shall he delivered at any station, at charges not exceeding
the charges for transportation of persons and property of the
same class, in the same direction to any more distant station.
But excursion and commutation tickets may be issued at
special rates.
Sec. 4. No railroad, canal or other corporation, or the Parallel or o^m-
'■ peting lines of
, , (1 -1 1 1 transportation
lessees, purchasers or managers oi any railroad, canal, or cor- not to be eonsoiu
*" dated, or con-
poration shall consolidate the stock, property or franchises pS&. ^^ ^'*™^
of such corporation with or lease, or purchase the works or
franchises of, or in any way control any other railroad or
canal corporation owning or having under its control a par-
allel or competing line, nor shall any ofiicer of such railroad
or canal corporation act as an oflS.cer of any other railroad or
canal corporation, owning or having control of a parallel or
competing line ; and the question whether railroads or canals
are parallel or competing lines, shall, when demanded by the
party complainant, be decided by a jury as in other civil
issues.
Sec. 5. No president, director, officer, agent or employe prohibitions
upon officers, etc.
of any railroad or canal company, shall be interested, directly cSmpSsf*'''*''"'
or indirectly, in the furnishing of materials or supplies to
such company, or in the business of transportation as a com-
mon carrier of freight or passengers over the works owned,
leased, controled^or worked by such company. Nor in any
arrangement which shall afford more advantageous terms, or
greater facilities than are offered or accorded to the public.
And all contracts and arrangements in violation of this sec-
tion shall be void.
Sec. 6. No discrimination in charges, or facilities for Discrimination of
charges between
transportation, shall be made between transportation compa- companfes'' ^ Ind
individuals, pro-
Dies and individuals, or in favor of either by abatement, ^'^^**^^-
7 ^
50 COKSTITUTIOl^ OF THE [Art. 17.
Preferences in drawback or Otherwise; and no railroad or canal company,
furnishing cars or
iTrohiMted.^^"^' o^ ^^^J ^essce, manager or employe thereof shall make any
preferences in furnishing cars or motive power.
General Assem- Sec. 7- The General Assembly shall prevent by law the
sembly to pre-
passlfto^officers granting of free passes by any railr.oad or transportation com-
of the state.
pauy to any officer of this State, Legislative, Execut(i)ve or
Judicial.
Conditions of re- Sec. 8. The General Assembly shall not remit the forfei-
mission of for-
Jr'^iegMltkTn *fl- tuFC of the charter of any corporation now existing, or alter
vorable to corpo-
rations. QY amend the same, or pass any general or special law for the
benefit of such corporation, except on condition that such
corporation shall thereafter hold its charter, subject to the
provisions of this Constitution.
Eminent domain Sec. 9. The excrcise of the right of eminent domain shall
over property of
corporations. ^^ver bc abridged or so construed as to prevent the General
Assembly from taking the property and franchises of incor-
porated companies, and subjecting them to public use — the
same as the property of individuals.
Legislation to Sec. 10. The General Assembly shall pass laws to corrcct
prevent abuses by
comjkmes!***'"" abuscs and prevent unjust discrimination and excessive
charges by railroad, canal and turnpike companies for trans-
porting freight and passengers, and shall provide for enforc-
ing such laws by adequate penalties and forfeitures.
Moveable proper- Sec. 11. The rolling stock and all othcr movablc property
ty of corpo-
proSty^^^'""'^ belonging to any railroad company or corporation in this
Nottobeexempt- State shall be considered personal property and shall be
ed from taxa-
**°°' liable to execution and sale, in the same manner as the per-
sonal property of individuals, and the General Assembly
shall pass no law exempting any such property from execu-
tion and sale.
Damages.by rail- Sec. 12. All railroads, which are now or may be hereafter
roads, to persons ' *'
built and operated either in whole or in part in this State,
shall be responsible for all damages to persons and property.
Art. 18.] STATE OF ARKANSAS. 51
under such regulations as may be prescribed by the General
Assembly.
Sec. 13. The directors of every railroad corporation shall Annual report of
railroad compa-
annually make a report under oath to the Auditor of public nies to Auditor.
accounts, of all of their acts and doings, which report shall in-
clude such matters relating to railroads as may be prescribed
by law, and the General Assembly shall pass laws enforcing
by suitable penalties, the provisions of this section.
ARTICLE XVIII.
Judicial Circuits.
Until otherwise provided by the General Assembly, the J^u^o =
Judicial Circuits shall be composed of the following coun-
ties:
First — Phillips, Lee, St Francis, Prairie, Woodruif, White, ist circuit.
and Monroe. Second — Mississippi, Crittenden, Cross, Poin- 2d circuit,
sett, Craighead, Greene, Clayton and Randolph. Third — 3d circuit.
Jackson, Independence, Lawrence, Sharp, Fulton, Izard,
Stone and Baxter. Fourth — Marion, Boone, Searcy, New- 4th circuit,
ton, Madison, Carroll, Benton, and Washington. Fifth — 5th circuit.
Pope, Johnson, Franklin, Crawford, Sebastian, Sarber, and
Yell. Sixth — Lonoke, Pulaski, Yan Buren and Faulkner. 6th circuit.
Seventh — Grant, Hot Springs, Garland, Perr}^, Saline and 7th circuit.
Conway. Eighth — Scott, Montgomery, Polk, Howard, 8th circuit.
Sevier, Little River, Pike and Clark. Ninth — Hempstead, 9th Circuit.
Lafayette, Nevada, Columbia, Union, Ouachita and Calhoun.
Tenth — Chicot, Drew, Ashley, Bradley, Porsey, and Dallas, loth circuit.
Eleventh — Desha, Arkansas, Lincoln and Jefferson. nth circuit.
Until otherwise provided by the General Assembly, the terms of Cir-
cuit Courts.
Circuit Courts shall be begun and held in the several coun-
ties as follows
FIRST circuit Ist Circuit.
White,— First Monday in February and August. Wood-
ruff—Third Monday in February and August. Prairie —
52
CONSTITUTIOJ^ OF THE
[Art. 18.1
ruary and|
londay in J
Second Monday after the third Monday in February and
August. Monroe — Sixth Monday after third Monday in
February and August. St. Francis — Eight(h) Monday after
the third Monday in February and August. Lee — Tenth li
Monday after the third Monday in February and August. *
Phillips — Twelfth Monday after the third Monday in Feb-
ruary and August.
2d Circuit. SECOND CIRCUIT
Mississippi — First Monday in March and September.
Crittenden — Second Monday in March and September.
Cross — Second Monday after the second Monday in March
and September. Poinsett — Third Monday after the second
Monday in March and September. Craighead — Fourth Mon-
day after the second Monday in March and September.
Greene — Sixth Monday after the second Monday in March
and September. Clayton — Seventh monday after the second
monday in March and September. Randolph — Ninth mon-
day after the second monday in March and September.
3d Circuit. THIRD CIRCUIT
Jackson — First monday in March and September. Law-
rence— Fourth monday in March and September. Sharp —
Second monday after the fourth monday in March and Sep-
tember. Fulton — Fourth Monday after the fourth monday
in March and September. Baxter — Sixth monday after the
fourth monday in March and September. Izard — Seventh
monday after the fourth monday in March and September
Stone — Ninth monday after the fourth monday in March
and September. Independence — Tenth monday after the
fourth monday in March and September.
4th Circuit. FOURTH CIRCUIT.
Marion — Second monday in February and August. Boone—
Third monday in February and August. Searcy — Second
monday after the third monday in February and August.
Art. 18.] STATE OF ARKAIN^SAS. 53
Newton — Third monday after the third monday in February
and August. Carroll — -Fourth monday after the third Mon-
day in Jb'ebruary and August. Madison — Fifth monday after
the third monday in February and August. Benton — Sixth
monday after the third monday in February and August.
Washington — Eighth monday after the third monday in
February and August.
FIFTH CIRCUIT. 5th Circuit.
Greenwood District, Sebastian county — Third monday in
February and August. Fo[u]rt[h] Smith District, Sebastian
county — First monday after the fourth monday in February
and August. Crawford county — Fourth monday after the
fourth monday in*February and August. Franklin county —
Sixth monday after the fourth monday in February and
August. Sarber county — Eighth monday after the fourth
monday in February and August. Yell county — Tenth mon-
day after the fourth monday in February and August. Pope
county — Twelfth monday after the fourth monday in Feb-
ruary and August. Johnson county — Fourteenth monday
after the fourth monday in February and August.
SIXTH CIRCUIT. 6th Circuit.
In the county of Pulaski on the first monday in February,
and continue twelve weeks if the business of said court re-
quire it. In the county of Lonoke, on the first monday suc-
ceeding the Pulaski court, and continue two weeks if the
business of said court require it. In the coanty of Faulk-
ner on the first monday after the Lonoke court, and con-
tinue two weeks if the business of said court require it.
In the county of Van Buren on the first monday after the
Faulkner court, and continue two weeks if the business of
said court require it.
FALL TERM, SIXTH CIRCUIT Fall . Term— 6th
Circuit.
In the county of Pulaski on the first monday in October,
and continue seven weeks if the business of said court require
54
COKSTITUTIOI^ OF THE
[Art. 18.
it. In the county of Lonoke on the first monday next after
the Pulaski court and continue two weeks if the business of
said court require it. In the county of Faulkner, on the
first monday after the Lonoke Court, and continue one week
if the business of said Court require it. In the county of
Van Buren on the first monday after the Faulkner Court and
continue one week if the business of said Court require it.
7th Circuit. SEVENTH CIRCUIT.
Hot Springs — Second Monday in March and September.
Grant — Third Monday in March and September. Saline —
Fourth Monday in March and September. Conway — Second
Monday after fourth Monday in March and September.
Perry — Fourth Monday after the fourth Monday in March
and September. Garland — Fifth Monday after the fourth
Monday in March and September
8th Circuit. EIGHTH CIRCUIT
Montgomery — First Monday in February and August.
Scott — First Monday after the first Monday in February and
August. Polk — Second Monday after the first Monday in
February and August. Sevier — Third Monday after the
first Monday in February and August. Little River — Fifth
Monday after the first Monday in February and August.
Howard — Seventh Monday after the first Monday in Feb-
ruary and August. Pike — Eighth Monday after the first
Monday in February and August. Clark — Mnth Monday
after the first Monday in February and August.
9th Circuit. - NINTH CIRCUIT
Calhoun — First Monday in March and September. Union —
Second Monday after the first Monday in March and Septem-
ber. Columbia — Fourth Monday after the first Monday in
March and September. Lafayette — Sixth Monday after the
first Monday in March and September. Hempstead — Eighth
Art. 19.] STATE OF AEKAI^SAS. 55
Monday after the first Monday in March and September.
Nevada — Eleventh Monday after the first Monday in March
and September. Ouachita — Thirteenth Monday after the
first Monday in March and September.
TENTH CIRCUIT lOtli Circuit.
Dorsey — Third Monday in February and August. Dal-
las first Monday in March and September. Bradley —
Second Monday in March and September. Ashley— Third
Monday in March and September. Drew — Second Monday
after the third Monday in March and September. Chicot —
b Durth Monday after the third Monday in March and Sep-
t :!mber.
ELEVENTH CIRCUIT. 11th Circuit.
In the county of Desha on the first Monday in March and
September. In the County of Arkansas on the fourth Mon -
day in March and September. In the county of Lincoln on
the third Monday after the fourth Monday in March and
September. In the county of Jefferson on the sixth Monday
after the fourth Monday in March and September.
ARTICLE XIX.
Miscellaneous Provisions.
Sec. 1. No person who denies the being of a God shall Disqualifica-
tions of atheists,
hold any ofiice in the civil departments of this State, nor be
competent to testify as a witness in any Court.
Sec. 2. No person who may hereafter fight a duel, assist Duelling,
in the same as secolid, or send, accept, or knowingly carry a
challenge therefor, shall hold any ofiice in the State, for a
period of ten years; and may be otherwise punished as the
law may prescribe.
Sec. 3. No person shall be elected to, or appointed to fill Electors, only,
qualified for of-
a vacancy in any office, who does not possess the qualifica- ^''^•
tions of an elector.
56 COl^STITUTIOK OF THE [Art. 19
Residence, etc., Sec. 4. All civil officers for the State at lar^e shall residt
ofcfficers,
within the State, and all district, county and township
officers within their respective districts, counties and town-
ships, and shall keep their offices at such places therein as
are now, or may hereafter be, required by law.
Officers to contin- Sec. 5. All officers shall continue in office; after the
ue in office till
suc*iess*o*r*s.°" ° cxpiratiou of their official terms until their successors are
elected and qualified
Plurality of of- Sec. 6. ISTo pcrsoii shall hold, or perform the duties of
more than one office in the same department of the govern-
ment at the same time, except as expressly directed or per-
mitted by this Constitution
Forfeiture of res- Sec. 7. Abscncc on busiiiess of the State, or of the United
idence.
States, or on a visit, or on necessary private business, shall
not cause a forfeiture of residence once obtained.
Deductions from Sec. 8. It shall be the duty of the General Assembly to
salaries of of- *' "
regulate by law in what cases, and what deductions from the
salaries of public officers, shall be made for neglect of duty
in their official capacity.
Creation of ad- Sec. 9. The General Assembly shall have, no power to
ditional perma-
prohibited."^''^^' Create any permanent State office, not expressly provided for
by this Constitution.
Returns of eiec- Sec. 10. Rctums for all clections, for officers who are to
tion, to whom
™**^®" be commissioned by the Governor, and for members of the
General Assembly, except as otherwise provided by this
Constitution, shall be made to the Secretary of State.
Salaries of State Sec. 11. The Govcrnor, Secretary of State, Auditor,
officers.
Treasurer, Attorney General, Judges of the Supreme Court,.
Judges of the Circuit Court, Commissioner of state lands,
and Prosecuting Attorneys shall each receive a salary to be
established by law, which shall not be increased or dimin-
Fees pertaining ishcd during their respective terms, nor shall any of them,
to State offices.
except the prosecuting attorneys, after the adoption of this
Constitution, receive to his own use any fees, costs, perqui-
Art. 19.] STATE OF ARKANSAS. 57
sites of office, or other compensation ; and all fees that may
hereafter be payable by law for any service performed by
any officer mentioned in this section, except Prosecuting
Attorneys shall be paid in advance into the State Treasury.
Provided that the salaries of the respective officers herein Maximum saia-
^ ries ot State of-
mentioned shall never exceed per annum :
For Governor the sum of |4,000.^^: For Secretary of
State the sum of $2,500.^^: For Treasurer the sum of
$3,000.^^: For Auditor the sum of $3,000.^^: For Attorney-
General the sum of $2500.^^ : For Commissioner of State
Lands the sum of $2500.^^: For Judges of the Supreme
court each, the sum of $4000.^^: Tor Judges of the Circuit
Courts and Chancellors, each the sum of $3000.^^: For
Prosecuting Attorney the sum of I^OO-j^^):
And provided further that the General Assembly shall pro- increase of sala-
ries of members
vide for no increase of salaries of its members which shall sembiyr"^*^ ^^'
take effect before the meeting of the next General Assembly
Sec. 12. An accurate and detailed statement of the Publication of re-
ceipts and ex-
receipts and expenditures of the public money, the several pubHc*^mow. ^^
amounts paid, to whom and on what account, shall, from
time to time, be published as may be prescribed by law.
Sec. 13. All contracts for a greater rate of interest usury.
than ten per centum per annum shall be void, as to principal
and interest, and the General Assembly shall prohibit the
same by law ; but when no rate of interest is agreed upon, Rate of interest.
the rate shall be six per centum per annum.
Sec. 14. No lottery shall be authorized by this State, nor Lotteries prohib-
ited,
shall the sale of lottery tickets be allowed.
Sec. 15. All stationery, printing, paper, fuel, for the use contracts ror sta-
tionery, fuel,
of the General Assembly and other departments of govern- fuief°^etc.f"7ir
State govern-
ment, shall be turnished, and the printing, binding and dis- J"<'°t-
tributing of the laws, journals, department reports, and all
other printing and binding, and the repairing and furnishing
the halls and rooms used for the meetings of the General
58 C0:N^STITUTI0:N^ of the [Art. 19.
Assembly aud its committees, shall be performed under con-
tract, to be given to the lowest responsible bidder, below
such maximum price and under such regulations as shall be
prescribed by law. l^o member or officer of any department
of the government shall in any way be interested in such
contracts, and all such contracts shall be subject to the
approval of the Governor, Auditor and Treasurer.
Contracts for Sec. 16. All coutracts for erectine^ or repairins^ public
public buildings. * r O r
ri ges. e c. buildings or bridges in any county, or for materials therefor ;
For care of pau- or, for providing for the care and keeping of paupers, where
there are no alms houses, shall be given to the lowest
responsible bidder, under such regulations as may be pro-
vided by law.
Revision, pubii- Sec. 17. The laws of this State, civil and criminal, shall
cation, etc., of
'^^^' be revised, digested, arranged, published and promulgated at
such times, and in such manner as the General Assembly
may direct.
Security of min- Sec. 18. The General Assembly, by suitable enactments,
ers and travel-
^^"* shall require such appliances and means to be provided and
used, as may be necessary to secure, as far as possible, the
lives, health and safety of persons employed in mining, and
of persons traveling upon railroads, and by other public con-
veyances, and shall provide for enforcing such enactments by
adequate pains and penalties
Education of deaf Sec. 19. It shall be the duty of the General Assembly to
and dumb, blind, "^ ''
an insane. provide, by law, for the support of institutions for the edu-
cation of the deaf and dumb, and of the blind; and also for
the treatment of the insane.
Oath of office. Sec. 20. Senators and Representatives and all judicial
aud executive, state and county officers, and all other officers
both civil and military, before entering on the duties of their
respective offices shall take aud subscribe to the following
oath or affirmation : " I do solemnly swear (or affirm)
that I will support the Constitution of the United States,
Art. 19.] STATE OF ARKAKSAS. 59
and the Constitution of the State of Arkansas, and that I
will faithfully discharge the duties of the office of upon
which I am now about to enter. "
Sec. 21. The sureties upon the official bonds of all State Sureties upon
^ official bonds.
officers shall be residents of, and have sufficient property
within, the State, not exempt from sale under execution,
attachment or other process of any court, to make good
their bonds, and the sureties upon the official bonds of all
county officers shall reside within the counties where such
officers reside, and shall have sufficient property therein, not
exempt from such sale, to make good their bonds.
Sec. 22. Either branch of the General Assembly, at a Amendments to
Constitution,
regular session thereof, may propose amendments to this ^"^ *'^'^*°^*^*^*
Constitution ; and if the same be agreed to by a majority of
all the members elected to each house, such proposed amend-
ments shall be entered on the journals with the yeas and
nays, and published in at least one newspaper in each county, To be published :
where a newspaper is published, for six months immediately
preceding the next general election for Senators and Repre-
sentatives, at which time the same shall be submitted to the And submitted to
the people.
electors of the State, for approval or rejection ; and if a major-
ity of the electors voting at such election adopt such amend-
ments, the same shall become a part of this Constitution. But Not more than
three to be pro-
no more than three amendments shall be proposed or sub- teTat "same tim'e"
mitted at the same time. They shall be so submitted as to Separate ratifica-
" tionofeach.
enable the electors to vote on each amendment separately.
Sec. 23. l^o officer of this State, nor of anv countv, citv Maximum of of-
' '' >i T d fleers' salary and
or town, shall receive directly or indirictly for salary, fees ^^^^'
and perquisites more than Five thousand dollars, nett, profits
per annum in par funds, and any and all sums in excess of Disposition of ex-
" cess received.
this amount shall be paid into the State County City or
Town Treasury, as shall hereafter be directed by appropriate
legislation.
60 COKSTITUTIOK OF THE [Schedule.
Contested eiec- Sec. 24. The General Assembly shall provide by law the
tions not herein
v?decf foi'/ '"^°' mode of contesting elections in cases not specifically pro-
vided for in this Constitution.
Seal of the State. Sec. 25. Thc present seal of the State shall be and remain
the Seal of the State of Arkansas until otherwise provided by
law and shall be kept and used as provided in this Constitu-
tion.
Officers eligible Sec. 26. Militia officcrs, officers of the Public Schools,
to executive and
judicial office. ^^^ Kotarics may be elected to till any executive or Judicial
office.
Assessments on Sec. 27. N^othiug iu this Coustitutiou shall be so con-
real property, for.
ments, i™ to*wns strucd as to prohibit the General Assembly from authorizing
and cities. ;
assessments on real property for local improvements, in
towns and cities under such regulations as may be prescribed
by law ; to be based upon the consent of a majority in value
of the property holders owning property adjoining the local-
ity to be affected. But such assessments shall be ad-valo-
-rum and uniform.
SCHEDULE.
Retention of ex- Sec. 1. All laws uow iu force, which are not in conflict or
isting laws.
inconsistent with this Constitution, shall continue in force
Effect of exemp- Until amended or repealed by the General Assembly, and all
tion laws in force
Constitiiuon of l^ws exempting property from sale on execution or by decree
1868'.
of a court; which were in force at the time of the adoption
of the Constitution of 1868, shall remain in force with regard
Distinction be- to coutracts made before that time. Until otherwise provided
tween sealed and
m°ente!*^** instru- 1^^ ^^^^^ ^^ distinction shall exist between sealed and unsealed
instruments, concerning contracts between individuals,
executed since the adoption of the Constitution of 1868,
Provided, that the statutes of limitation with regard to
sealed and unsealed instruments in force at that time, con-
tinue to apply to all instruments afterwards executed, until
altered or repealed.
Schedule.] STATE OF AEKANSAS. 61
Sec. 2. In civil actions, no witness shall be excluded be- Competency of
WltI16SSCS.
cause he is a party to the suit, or interested in the issue to be
tried; Provided, That in actions by or against executors,
administrators or guardians, in which judgment may be ren-
dered for or against them, neither party shall be allowed to
testify against the other as to any transactions with or state-
ments of the testator, intestate or ward, unless called to tes-
tify thereto by the opposite party ; Provided, further, that
this section may be amended or repealed by the General As-
sembly.
Sec. 3. An election shall be held at the several election First general
election for offi-
precincts of every county of the State, on Tuesday, the 13tli forsubmfsslonTf
Constitution to
day of October, 1874, for Governor, Secretary of State, Audi- tte people,
tor. Treasurer, Attorney General, Commissioner of State
Lands for two years, unless the office is soonet abolished by
the General Assembly, Chancellor, and Clerk of the Separate
Chancery Court of Pulaski County, Chief Justice and two
Associate Justices of the Supreme Court, a Circuit Judge and
Prosecuting Attorney for each Judicial Circuit provided for
in this Constitution, Senators and Representatives to the
General Assembly, all County and Township officers pro-
vided for in this Constitution ; and also for the submission of
this Constitution to the qualified electors of the State, for its
adoption or rejection.
Sec. 4. The qualification of voters at the election to be Qualifications of
voters thereat.
held as provided in this schedule shall be the same as is now
prescribed by law.
Sec 5. The State Board of Supervisors hereinafter men- Notice thereof,
tioned shall give notice of said election immediately after
the adoption of this Constitution by this Convention, by
proclamation in at least two newspapers published at Little
Rock, and such other newspapers as they may select. And
each County Board of Supervisors shall give public notice,
in their respective counties, of said election, immediately
after their appointment.
62 COKSTITUTIOK OF THE [Schedule.
Governor's proc- Sec. 6. The Govemor shall also issue a proclamation
lamation enjoin-
such^eieljtion!' ** enjoining upon all peace officers the duty of preserving good
order on the day of said election, and preventing any dis-
turbance of the same.
State Board of Sec. 7. Augustus H. Garland, Gordon N. Peay and Dud-
Supervisors of ° 7 ./
ley E. Jones are hereby constituted a State Board of Super-
visors of said election, who shall take an oath faithfully and
impartially to discharge the duties of their office, a majority
of whom shall be a quorum, and who shall perform the duties
Vacancies there- herein assigned them. Should a vacancy occur in said Board
by refusal to serve, death, removal, resignation or otherwise,
or if any member should become incapacitated from per-
forming said duties, the remaining members of the Board
shall fill the vacancy by appointment. But if all the places
on said Board become vacant at the same time, the said
vacancies shall be filled by the President of this Convention.
County Boards of Sec. 8. Said State Board shall at once proceed to
aupervisors of ^
appoint a Board of Election Supervisors for each county of
this State, consisting of three men of known intelligence
and uprightness of character, who shall take the same oath
as above provided for the State Board. A majority of each
Board shall constitute a quorum, and shall perform the duties
Vacancies there- herein assigned to them ; and vacancies occurring in the
County Boards shall be filled by the State Board.
Poll-books and Sec. 9. The State Board shall provide the form of poll-
ballot-boxes for
the election. books, and cach County Board shall furnish the judges of
each election precinct with three copies of the poll-books in
• the form prescribed; and with ballot boxes, at the expense of
the County.
Distribution, to Sec. 10. The State Board of Supervisors shall cause to be
oflSeerB 01 the
of'*the°'conTtitu- fumishcd in pamphlet form a sufficient number of copies of
tion.
this Constitution to supply each County Supervisor and
Judge of election with a copy and shall forward the same to
the County Election Boards for distributioni
Schedule.] STATE OF ARKANSAS. 63
Sec. 11. The Boards of County Election Supervisors shall Judges, of the
*' ^ election, and
at once proceed to appoint three judges of election for each
election precinct in their respective counties and the judges
shall appoint three election clerks for their respective pre-
cincts all of whom shall be good competent, men, and take
an oath as prescribed above. Should the judges of any elec- Caseof absence of
tion precinct fail to attend at the time and place provided by poUsl°"' ^^^
law, or decline to act, the assembled electors shall choose
competent persons, in the manner provided by law to act in
their place, who shall be sworn as above. ^
Sec. 12. Said election shall be conducted in accordance Conduct of the
election.
with existino; laws except as herein provided. As the elec- Qualifications of
<=> ^ ^ voters, how de-
tors present themselves at the polls to vote, the judges of the "'^^'^;
election shall pass upon their qualifications, and the clerks of Registration.
the election shall register their names on the poll, books if
qualified; and such registration by said clerks shall be a
suflicient registration in conformity with the Constitution of
this State, and then their votes shall be taken.
Sec. 13. Each elector shall have written or printed on style of ballot.
his ticket "For Constitution" or "Against Constitution"
and also the offices and the names of the candidates for the
offices, for whom he desires to vote.
Sec. 14. The judges shall deposit the tickets in the ballot Deposit of tick-
box ; but no elector shall vote outside of the township or Elector to vote
only in township
ward in which he resides. The names of the electors shall deiTce'^** ""^ ^^^^'
Numbering of
be numbered, and the corresponding numbers shall be placed tickets.
on the ballots by the judges when deposited.
Sec. 15. All dram shops and drinking houses in this Drinking houses
■^ to be closed, on
state, shall be closed during the day of said election, and the tion.°^*^^ ^^^'''
succeeding night; and any person selling or giving away Saieorgift of in-
^ "^ *- *^ toxicating liquor
intoxicating liquors during said day or night, shall be pun- p"^"^*^^*^^*^-
ished by fine not less than two hundred dollars, for each and
every oftence, or imprisoned not less than six months, or
both.
64 CONSTITUTION OF THE [Schedule.
Hours of voting. Sec. 16. The polls sliall be opened at eight o'clock in the
Counting of bai- forcnoon, and shall be kept open until sunset. After the
polls are closed the ballots shall be counted by the judges at
the place of voting, as soon as the polls are closed, unless
prevented by violence or accident ; and the results by them
Disposition ofro- certified on the poll-books, and the ballots sealed up. They
turns.
shall be returned to the County Board of Election Supervis-
ors, who shall proceed to cast up the votes and ascertain and
state the number of votes cast for the Constitution, and the
number cast against the Constitution, and also the number
Copies of abstract of votcs cast for cach Candidate voted for, for any office, and
of returns, bal- ' "^ '
boo ks*"wh^e"re shall forthwith forward to the State Board of Supervisors
filed. ^
duly certified by them, one copy of the statement or abstracts
of the votes so made out by them, retain one copy in their
possession, and file one copy in the office of the county
clerk, where they shall also deposit for safe-keeping the bal-
lots sealed up, and one copy of the poll books, retaining pos-
session of the other copies.
Ascertainment Sec. 17. The State Board of Supervisors shall at once
and publication
iLn^on^iovlton procced, on receiving sach returns from the County Board to
of Constitution.
ascertain therefrom and state the whole number of votes
given for the Constitution, and the whole number given
against it; and if a majority of all votes cast be in favor of
the Constitution, they shall at once make public that fact by
publication in two or more of the leading newspapers pub-
Constitution, if Hshcd in the city of Little Rock, and this Constitution from
adopted, in force
?ub?i?at\onf ^"''^ ^^^^ ^^^^ shall be in force; and they shall also make out and
Abstract of re-
turns of the eiec- file in the office of Secretary of State an abstract of all the
tion, to be filed . •'
stateT^"*^ ^^^ ° votes cast for the Constitution, and all the votes cast against
it ; and also an abstract of all votes cast for every candidate
voted for at the election, and file the same in the office of the
List of members Secretary of State, showing the candidates elected. They
©f General As-
bo™''certified*' to s^^all also make out and certify, and lay before each House of
General Assem-
t'ly- the General Assembly, a list of the members elected to that
Schedule.] iSTATE OF AKKAI^SAS. 65
House : and shall also make out, certify and deliver to the Abstract of re-
' " turns of election
Speaker of the House of Representatives, an abstract of all t^be^lrtifiedTo
Speaker of House
votes cast at the election for any and all persons for the tfves:^^^'^^^^"**"
office of Governor, Secretary of State, Treasurer of State,
Auditor of State, Attorney General and Commissioner of
State Lands and the said Speaker shall cast up the votes, and ^tf *announced^
announce the names of the persons elected to these offices.
The Governor, Secretary of State, Treasurer of State, Audi- state ^^^^P
tor of State, Attorney General and Commissioner of State duties."^""
Lands chosen at said election shall qualify and enter upon
the discharge of the duties of their respective offices within
fifteen days after the announcement or their election as
aforesaid.
Sec. 18. All officers shown to be elected by the abstract aii officers
"^ chosen at this
of said election filed by the State Board of Supervisors in the comSionc^d by
Governor.
office of the Secretary of State, required by this Constitution
to be commissioned, shall be commissioned by the Governor.
Sec. 19. At said election the qualified voters of each p^^^ election of
i Representatives
county and Senatorial District as defined in article eight of
this Constitution, shall elect respectively Representatives and
Senators according to the numbers and apportionment con-
tained in said article. The Board of Election Supervisors of Jf^^j^^^P^'^'fi^at^^
each county shall furnish certificates of election to the per-
son or persons elected to the House of Representatives as
soon as practicable after the result of the election has been
ascertained and such Board of Election Supervisors in each
county shall make a correct return of the election for Sena-
tor or Senators to the Board of Election Supervisors of the
county first named in the Senatorial apportionment, and said
Board shall furnish certificates of election to the person or
persons elected as Senator or Senators in said Senatorial Dis-
trict as soon as practicable.
Sec. 20. All officers elected under this ConBtitution, officers elected,
other than State
except the Governor, Secretary of State Auditor of State, eSefuponTheS
Treasurer, Attorney General and Commissioner of State
9
66 COXSTITITION OF THE [Soheduli
Lands shall enter upon tVie duties of their several offices whei
thej shall have been declared duly elected by said ^^tatc
Board of Supervisors, and shall have duly qualified. All
such officej-8 shall qualify and enter upon the duties of theii
offices within fifteen days after they have been duly notified
of their election.
Prior incumbentp Sec. 21. Upou the qualification of the officers elected at
to vacate their
''^''^^- said election, the present incumbents of the offices for which
the election is held shall vacate the same^ and turn over to
the officers thus elected and qualified, all books, papers,
records, moneys and documents belonging or pertaining to
said offices by them respectively held.
Time of conyen- 8ec. 22. The first scssion of the General Assembly under
ing of first session
"Lnbiy"^'^*' ^^' this Constitution shall commence on the first Tuesday after
the second monday in November 1874.
Transfer of juris- Sec. 23. The Couutv Courts provided for in this Consti-
dictionfrom "
?i°sors\o^Co"u^nty tution shall be regarded in law, as a continuation of the
Courts:
CouHs t? r^cuit ^<^>ard8 of Supervisors now existing by law, and the Circuit
Courts shall be regarded in law as continuations of the Crimi-
nal Courts wherever the same may have existed in their
And of probate respective counties", and the Probate Courts shall be re-
business to Pro-
bate Courts, garded as continuations of the Circuit Courts for the busi-
ness within the jurisdiction of such Probate Courts, and
the papers and records pertaining to said Courts and juris-
dictions shall be transferred accordingly ; and no suit or
prosecution of any kind shall abate because of any change
made in this Constitution.
Present incum- Sec. 24. All officers now in office whose offices are not
bents to continue
fi" atfon "of "^Tuc- abolished by this Convention, shall continue in office and
cessors.
discharge the duties imposed on them by law, until their suc-
cessors are elected and qualified under this Constitution.
CommisBioner of The officc of Commissioner of State Lands shall be continued.
State Ijands. '
provided, that the General Assembly at its next session may
abolish or continue the same in such manner as may be pre-
scribed by law.
Schedule] STATE OF ARKAKSAS. 67
Sec. 25. Any election officer appointed under the pro- Pen^ty^ofjraud
visions of this schedule, who shall fraudulently and cor- ^'^''^•*'°'
ruptly permit any person to vote illegally, or refuse the vote
of any qualified elector, cast up or make a false return of said
election, sliall be deemed guilty of a felony, and on convic-
tion thereof, shall be imprisoned in the Penitentiary not less
than live years nor more than ten years. And any person ur othar persons.
who shall vote when not a qualified elector, or vote more
than once, or bribe any one to vote contrary to his wishes,
or intimidate or prevent any elector by threats, menace or
promises from voting, shall be guilty ot a felony and upon
conviction thereof, shall be imprisoned in the penitentiary
not less than one nor more than five years.
Sec. 26. All officers elected at the election provided for in Tenure of office of
officers chosen at
this Schedule shall hold their offices for the respective periods, '^® election.
provided for in the foregoing Constitution, and until their
successors are elected and qualified. The first general elec- Time of next
gcneriil election.
tions after the ratification of this Constitution shall be held
on the first Monday of September A. D. 187b. Nothing in Election of Con-
gressmen.
this Constitution and the Schedule thereto, shall be so con-
strued as to prevent the election of Congressmen at the time
as now prescribed by law.
Sec. 27. The sum of five thousand dollars is hereby ap- Appropriation to
defray expense*
propriated out of any money in the Treasury not otherwise '*'^'*^e election,
appropriated to defray the expenses of the election provided
for in this Schedule, and the Auditor of State shall draw his
warrant on the Treasurer for such expenses not exceeding
said amount on the certificate of the State Board of Super-
visors of election
Sec. 28. For the period of two years from the adoption Present salaries
of St*te officers.
of this Constitution, and until otherwise provided by law the
respective officers herein enumerated shall receive for their
services the following salaries per annum.
For Governor the sum of $3,500 ^^: For Secretary ot
State the sum of $2,000 ^^: For Treasurer the sum of
68 CONSTITUTION OF THE [Schedule.
$2,500 ^A: For Auditor the sum of |2.500 ^^: For Attor-
ney General the sum of $2,000 ^^ : For Commissioner of
State Lands the sum of $2,000 ^^ : For Judges of the Su-
preme Court, each the sum of $3,500 ^^ : For Judges of
Circuit and Chancery Courts each the sum of $2,500 ^^:
For Prosecuting Attorneys each the sura of $400 ^^ : For
Per diem and Members of the General Assembly the sum of $6. ^^ per
mileage of mem- *'
AYsembiy?^"^'^'^' day, and twenty cents per mile for each mile travelled in
going to and returning from the seat of Government, over
the most direct and practicable route.
Done in Convention, at Little Rock, the Seventh day of
September in the year of our Lord One Thousand eight
hundred and seventy four, and of the Independence of
the United States the ninety-ninth.
In Witness Whereof, we hove hereunto subscribed, our
names.
GRANDISOX D. R0Y8T0N,
President of the Convention, and
Delegate from the County of Hempstead.
Thomas W. Newton,
Secretary.
A. M. RODGERS, Delegate from Benton County.
HORACE H. PATTERSON, Delegate from Benton County.
W. W. BAILY, Delegate from Boone County.
JNO. R. HAMPTON, Delegate from Bradley County.
JOHN W. CYPERT, Delegate from Baxter County.
BRADLEY BUNCH, Delegate from Carroll County.
JESSE A. ROSS, Delegate from Clark County.
H. F. THOMASON, " " Crawford "
W. D. L^IPER, Delegate from Dallas County.
WM. J. THOMPSON, Delegate from Woodruff County.
JAMES A. GIBSON, Delegate from Arkansas County.
HENRY W. CARTER, Delegate from Pike County.
DANIEL F. REINHARDT, Delegate from Prairie County.
I
STATE OF ARKA^TSAS.
ELIJAH MOSELEY, Delegate from Ouachita County.
STEPHE:^' C. BATES, Delegate from Polk County.
G. P. SMOOTE, Delegate from Columbia County.
D. L. KILLGORE, Delegate from Columbia County.
WILLIAM S. HANNA, Delegate from Conway County.
JOHN S. ANDERSON, Delegate from Craighead County.
J. G. FRIERSON, Delegate from Cross County.
E. FOSTER BROWN, Delegate from Clayton County.
JAS. P. STANLEY, Delegate from Drew County.
JOHN NIVEN, Delegate from Dorsey County.
WILLIAM W. MANSFIELD, Delegate from the County of Franklin.
JOHN DUNAAYAY, Delegate from the County of Faulkner.
DAVIDSON D. CUNNINGHAM, Delegate from the County of Grant.
BEN. H. CROWLY, Delegate from the County of Greene.
II. M. RECTOR, Delegate from Garland County.
JNO. R. EAKIN, Delegate from Hempstead County.
W. C. KELLY, Delegate from Hot Spring County.
J. W. BUTLER, Delegate from Independence County.
JAMES RUTHERFORD, Delegate from Independence County.
RANSOM GULLEY, Delegate from Izard County.
FRANKLIN DOSWELL, Delegate from Jackson County.
JNO: A. WILLIAMS, Delegate from Jefferson County.
SETH J. HOWELL, Delegate from Johnson County.
PHILIP K. LESTER, Delegate from Lawrence County.
J. H. WILLIAMS, Delegate from Little River County.
J. P. EAGLE, Delegate from Lonoke County.
REASON G. PUNTNEY, Delegate from Lincoln County.
MONROE ANDERSON, Delegate from Lee County.
JOHN CARROLL, Delegate from Madison Co.
S. P. HUGHES, Delegate from Monroe County.
NICHOLAS W. CABLE, Delegate from Montgomery County.
CHARLES BO WEN, Delegate from Mississippi County.
R. K. GARLAND, Delegate from Nevada County.
HENRY G. BUNN, Delegate from Ouachita County.
70 CONSTITUTIOK OF ARKANSAS.
W. IT. BLACKWELL, Delegate from P-erry County.
JNO. J, HORXOR, Delegate from Phillips County.
JNO. R. HOMER SCOTT, Delegate from the County of Pope.
JOHX MILLER, JR., Delegate from the County of Randolph,
SIDA^EY M. BARlS^ES, Delegate from the County of Pulaski.
JABEZ M. SMITH, Delegate from Saline County.
BEN. B. CHISM, Delegate from the County of Sarber.
J. W. SORRELS, Delegate from Scott County.
W. S. LINDSEY, Delegate from Searcy County.
R. P. PULLIAM, Delegate from Sebastian County.
W. M. FISHBACK, Delegate from Sebastian County.
B. H. KINSWORTHY, Delegate from Sevier County.
LEWIS WILLIAMS, Delegate from Sharp County.
JOHN M. PARROTT, Delegate from Saint Francis County.
WALTER J. CAGLE, Delegate from Stone County.
HORATIO G. P. WILLIAMS, Delegate from Union County.
ROBT. GOODWIN, Delegate from Union County.
A. R. WITT, Delegate Irom Van Buren Co.
R. P. POLK, Delegate from Phillips County.
T. W. THOMASON, Delegate from Washington County.
BENJAMIN F. WALKER, Delegate from Washington County.
M. F. LAKE, Delegate from AYashington Co.
JESSE N. CYPERT, Delegate from White County.
J. W. HOUSE, Delegate from Wliite County.
JOSEPH T. HARRISON, Delegate from Yell County.
MARCUS L. HAWKINS, Delegate from Ashley County.
EDWIN R. LUCAS, Delegate from Fulton County.
BENJAMIN W. JOHNSON, Delegate from Calhoun County.
RODERICK JOYNER, Delegate from Poinsett County.
AN" INDEX
(CHIEFLY ANALYTICAL)
TO THE
CONSTITUTION OF ARKANSAS.
[Note.— In the column headed " Art.," the letters Pr. and Sc, respectively, signify the Preamble, and
the Schedule.]
A.
Sec. Pagk.
ABATEMENT of actions, not to take place because of change made in
this Constitution
Abolition of government, Right of the people to
^&«ence of Governor from the State, Case of.
of President of the Senate from the State, during vacancy in
of&ce of. Governor, Case of
on business of descriptions specified, to cause no forfeiture of
residence
Absent Members of General Assembly, Attendance of, compellable by
number less than quorum
ulccoimt of all public money to be rendered by collectors, holders, etc.,
before they shall become eligible to General Assembly, or
office of trust or profit
AecountB of receipts and expenditures of public money. Publication of...
Accutation, Right of accused to be informed of.-.
Right of accused to copy of.
Accused, Rights of, in criminal prosecutions for libel.
Rights of, in criminal prosecutions generally
Acting Oovemor—aee President oj Senate, and Speaker of House of Rep-
resentatives.
Action, Right of, for injuries to persons or property, or resulting in death..
Actions against the State prohibited
relating to sixteenth section lands, or to money due therefor
by citizens of counties, cities, or towns, for general protection of
inhabitants, against enforcement of illegal exactions..
civil, competency of witnesses in
by or against executors, administrators, or guardians. Rule re-
specting testimony of parties in
not to abate because of change made in this Constitution
Ads, Style of
10
Sc
23
66
2
1
2
6
12. 1.3
18
6
13
* 18
19
7
56
5
11
11
5
8
11
19
12
57
2
10
4
2
10
4
2
6
3
2
8,10
3.4
5
32
15
5
20
13
.7
44
30
16
13
48
Sc
2
61
Sc
2
61
Sc
23
66
5
19
13
CV
cvi INDEX TO CONSTITUTION.
Revival, amendment, and extension or conferment of provi-
sions, of.
local and special. Restrictions upon General Assembly, respect-
ing passage of J.
But see. also, for full digest, " Special Legislation."
making appropriations. Requisites of.
making general appropriations. Restriction on contents of.
Separate, and embracing, each, but one subject, required, to
make appropriations other than for ordinary expenses of leg-
islative, executive, and judicial departments of State
upon their passage by both houses of General Assembly, to be
presented to Governor for approval
disapproved by Governor, to be returned, with objections, to
house in which originated
returned, disapproved, by Governor, Reconsideration of.
returned, disapproved, by Governor, Passage of.
not returned by Governor within five days (with exceptions
stated) to become laws
making appropriations. Power of Governor to disapprove items
of.
making appropriations. Parts of, approved by Governor, to be
law
making appropriations. Items of, disapproved by Governor, to
be void unless repassed as prescribed in ease of bill
Printing, binding, and distributing of. to be performed under
contract, to be given to lowest responsible bidder, below maxi-
* mum price, under reg ilations to be prescribed by law
See, also, BiUs, and Laws, (the latter-named head espe-
cially.)
Address, to the government. Right of.
of General Assembly, for removal of State oflBcers
Adherence to enemies of the State, to constitute treason
Adjournment of Senate and House of Representatives, from day to day, in
absence of quorum
of either house of General Assembly, for more than three days,
without consent of the other, prohibited
of either house of General Assembly, without consent of the
other, to^eet at place other than that in which the two houses
shall be sitting, prohibited
of General Assembly, Effect of, upon bills in hands of Governor..
Joint or concurrent resolutions of both houses of General As-
sembly upon questions of, do not require approval of Gov-
ernor
Case of disagreement between the two houses of General Assem-
bly respecting time of
Administrators, Courts of Probate to have exclusive original jurisdiction,
as may be prescribed by law, in matters relative to
Homesteads subject to seizure, under judgments against, for
moneys collected by
Competency of, as witnesses, in actions by or against
Adoption of children. No special law to be passed, authorizing
Advaniuge, Offer of, to influence action of public officer, or acceptance of.
by officer, constitutes felony
Affinity on part of Judge or Justice of the Peace, to disqualify from pre-
siding at trial
Affirmation— S6Q Oath.
Age of persons subject to militia duty
of persons entitled to gratuitous instruction in free schools
For age required as qualification to exercise '.right , of suffrage.
and hold offices, see under the proper headings in each case.
Agents [of the State], Extra compensation to, after the service shall have
been rendered, or contract made, prohibited, unless "allowed
by bill passed by two-thirds of members elected to each branch
of General Assembly
Agriculture
bureau of. General Assembly may create
Agricultural interests of the State, General Assembly to pass laws fostering
and aiding
Aid to agricultural, mining, and manufacturing interests
Aid and comfort given to enemies of the State, to constitute treason
IT.
Sec.
5
23
5
24, 25, 26
5
29
5
30
5
30
6
15
6
15
6
15
6
15
6
15
6
17
6
17
6
17
2
4
15
3
2
14
5
11
5
28
5
28
6
15
6
16
6
20
7 •
34
9
3
Sc
2
5
24
S
35
7 .
20
11
1
14
1
5
27
10
10
1
10
1
10
1
2
14
^
INDEX TO CONSTITUTION. cvii
Aldermen may serve as ofBeers of election
Aliens, resident. Distinctions of law between, and citizens, in mattpr of
property, forever prohibited
Alleys, Vacating of, not to be effected by special law
Allodial, All lands in the State declared
Alloioances for or against counties, cities, or towns. Appeal from
Alms-houses, Contracts for care and keeping of paupers, where there are
no
Alteration of government. Right of the people to
of bills, on passage through either house, not to be such as to
change their original purpose
Amendment of bills, on passage through either house, not to be such as
to change their original purpose
of laws, not to be by reference to title only, but by re-enactment,
and publication, at length, of portions amended
of charters. Conditions of
Amendments to Constitution
Appeals from judgment of Circuit Courts, in matters of equity...
from judgments of County Courts and Courts of Common Pleas,
when established
from] Probate to Circuit Courts '.
from County Judge, in matter of orders for provisional writs
issued in absence of Circuit Judge from county
■wj from final judgment of Justices of the Peace, to Circuit
Ik Courts
ip from allowances made for and against counties, cities, or towns
in contested elections for county, township, or municipal oflSces..
See Apptllate jurisdiction (below,)
Appellate jurisdiction of Supreme Court
of Circuit Courts
Appointment of oflScers, civil or military, by General Assembly or either
house thereof
to fill vacancy in office of Treasurer, Secretary, or Auditor, of
State, or Attorney General
Governor to issue, to fill vacancy in office, where no other mode
for filling the same is provided by Constitution and laws
disqualifying holder for service as officer of election
of State Geologist
But see, more fully, under head of each office.
Apportionmtnt
of Representatives, to be made only at first regular session after
each census. State or Federal
Apprenticeship of minors. County Courts to have exclusive original juris-
diction in all matters relating to
Appropriation of private property for public use
Specific, by law, requisite to drawing of money from treasury...
(?5.000) to defray expenses ef election under Schedule
Appropriations, or payments of money, on any claim the subject matter of
which shall not have been provided for by pre-existing'.laws,
prohibited, unless allowed by bill passed by two-thirds of
members elected to each branch of General Assembly
to be specific, and their purpose to be distinctly stated in bill...
Maximum amount of, in dollars and cents, to be specified in
bill
not to be for a longer period than two years
General, to embrace nothing but appropriations for ordinary
expenses of executive, legislative, and judicial departments
of State
other than for ordinary expenses of legislative, executive, and
judicial departments of State, to be made by separate bills,
each embracing but one subject
of money, except by vote of majority of two-thirds of both
houses of General Assembly, to be made only for certain
specified purposes
Power of Governor to disapprove items of.
Bills making. Parts of, approved by Governor, to be law
bills makiug.j Items of, disapproved by Governor, to be void
unless repassed as prescribed in case of bills
for expenses of the county. Justices of the Peace to sit with
County Judge in making
Art.
Sec.
Paok,
3
10
8
2
20
5
5
24
14
2
28
7
7
51
32
19
16
58
2
1
2
5
21
13
5
21
13
23
14
17
8
50
19
22
59
15
24
33
28
35
28
37
29
42
30
51
32
52
32
4
22
14
24
5
14
12
6
22
21
6
23
21
3
10
8
10
2
40
8
4
37
7
28
27
2
22
6
5
29
15
Ic
27
67
5
27
14
5
29
15
5
29
15
5
29
15
5
31
15
6
17
20
6
17
20
6
17
20
7
30
27
cviii INDEX TO CONSTITUTION.
Disbursements from treasury to be in accordance with
Ai>proval, by Governor, of bills
of Governor required for joint and concurrent orders or reso-
tions, except on questions of adjournment
of State contracts
Area, Minimum, of counties
Arkaruas, Boundaries of the State of.
See, also. State,
Armament of the militia
Arm$, Right of citizens to keep and bear, for their common defence
Army, Standing, not to be kept in time of peace
Armv of ike U. S., Action of grand jury not requisite in case of of-
fences arising in
Soldiers of, acquire no residence by reason of being stationed
in the State
Arrett, Privilege of freedom from, of members of General Assembly
Privilege of volunteers and militia from, during attendance
at musters, etc
Artillery, Volunteer companies of.
Atiembly, peaceable. Right of.
Asaesiment of property. Assessors to receive no per centum upon
of value of property or right of way appropriated to use of cor-
porations
of property, for purposes of taxation. Principles of
Aaaessmenta on real property, for local improvements in towns or cities....
Aatessori, Election of.
Term of office of.
Duties of.
to receive no per centum upon valuation or assessment of prop-
erty
See, also. County Officers.
A$si8tant$ of collectors or holders of public money. Conditions of eligi-
bility of, to General Assembly, or office of trust or profit
Associate Justices of Sapieme CovLTt— see Court, Supreme, Judges of.
Associations, General laws not to be suspended, by legislature, for benefit
of particular
Counties and municipal corporations prohibited; from obtaining
or appropriating money for, or loan of credit to
Atheists disqualified from holding civil office, or testifying as witnesses....
Attachment, Exemption from seizure on— see Exemption.
Attainder, Bill of, prohibited
Atiestaiion of grants and commissions, to be by Secretary of State
Attorney General an officer of Executive Department
Term of office of.
to keep his office, in person, at seat of government
how chosen
Returns of election of.
Case of tie in elections for
Contested elections for
ineligible to seat in either house of General Assembly
to hold no other .office, or commission, civil or military, in
this, or under any State, or the U. S., or any other power, at
one and same time
Salary of, etc
Salary of, during two years from adoption of Constitution
liable to impeachment
how removable upon address
Vacancy in office of
to perform such duties as may be prescribed by law
a member of Board of Canvassers of returns of election to fill
vacancy in office of Governor
First election for
chosen at first election, Return and announcement of elec-
tion of.
chosen at first election, when to enter upon discharge of duties..
Attorneys, Homesteads subject to seizure under judgments against, for
moneys collected for them
Attorneys, Prosecuting— see Prosecuting Attorneys.
Auditor of State an officer of Executive Department
Term of office of.
Art.
Sec.
16
12
6
15
6
16
19
15
13
1
11
1
2
5
2
27
2
8
3
7
5
15
11
3
11
2
2
4
7
46
12
9
16
5
19
27
7
46
7
46
7
46
12
5
19
1
2
17
6
10
6
1
6
1
6
1
6
3
6
3
6
3
6
4
5
7
6
22
,Sc
11. 28
Sc
28
15
1
15
3
6
22
6
22
6
14
Sc
3
Sc
17
Sc
17
9
3
6
1
6
1
INDEX TO CONSTITUTION. cix
B.
Art.
Skc.
Page.
6
1
16
6
3
16
6
3
16
6
3
17
6
4
17
5
7
11
6
22
21
19. Sc
11, 28
56. 67
Sc
28
67
15
1
45
15
3
45
6
22
21
6
22
21
to keep his ofiBce, in person, at seat of government
how ehosen
Returns of election of.
Case of tie in elections for
Contested elections for
ineligible to seat in either house of General Assembly
to hold no other office, or commission, civil or military, in this,
or under any. State, or the U. S., or any other power, at
one and same time
Salary of, etc
Salary of, during two years from adoption of Constitution
liable to impeachment
how removable upon address
Vacancy in office of
to perform such duties as may be prescribed by law
Contracts for stationery, printing, paper, fuel, for use of Gen-
eral Assembly and other departments of government, print-
ing, binding, distributing of laws, journals, and department
reports, repairing and furnishing halls and rooms for use of
General Assembly, to be subject to approval of.
Publication of receipts and expenditures of public money
Duty of, in matter of appropriation to defray expenses of elec-
tion under Schedule
First election for
chosen at first election. Return and announcement of elec
tion of.
chosen at first election, when to enter upon discharge of
duties
See, also, " AudUor of Public Accounts," (below.)
See, also, for further duties of Auditor, and restrictions im-
posed upon his action. Appropriations, Claims, Disburie-
ments. Expenditures, PaymerU, etc.
"yli«<Wtor of Public Accounts," Railioad companies to make annual report
to 17 13 51
Authentication of official acts of Governor 6 9 18
19
15
57
19
12
57
Sc
27
67
Sc
3
61
Sc
17
64
Sc
17
65
Bail, Right to 2 8 4
in case of division of jury in criminal prosecution 2 8 3
Excessive, not to be required 2 9 4
Ballot, All elections by the people to be by 3 3 8
Secrecy of the 3 3 8
of qualified elector, being refused, not counted, or not returned,
to be, nevertheless, counted upon trial of contest 3 11 9
5a?iot« to be numbered in order in which received 3 3 8
Numbers of, to be recorded by election officers, on list of
voters, opposite name of electors presenting them 3 3 8
at election under Schedule, to be numbered Sc 14 63
at election under Schedule, Counting, sealing, and further dis-
position of.
Ballot-Boxei at election under Schedule
at election under Schedule, Disposition of, after election
Banishment, under any circumstances, prohibited
Benefit of the people one of the objects of the institution of government...
Bids on State contracts
Biennial sessions. Regular, of General Assembly, when and where to be
held
Regular, of General Assembly, Duration of.
Biennial Elections — see Elections.
Bill, All laws to be passed by
Bill of attainder prohibited
Bill of Bights
See Declaration of Eights.
Bills not to be so altered or amended, on their passage through either
house, as to change their original purpose
to be read at length, on three different days, in each house, un-
less rules suspended by two-thirds of the house (when they
may be read a second or third time gn the same day)
Sc
16
64
Sc
9
62
Sc
16
64
2
21
6
2
1
2
19
15,16
57.58
5
5
10
5
17
12
5
21
13
2
17
5
2
2
5
21
13
5
22
13
ex INDEX TO CONSTITUTION.
Art, Sec. Page.
not to become law unless yeas and nays taken on final passage,
names of persons voting for and against entered on journal,
and majority of each house recorded as voting in favor of 5 22 13
local or special. Notice of intention to apply for. to be published
in locality where matter or thing to be affected may be situ-
ated 5 26 U
local or special, Notice of intention to apply for, to be at least
thirty days prior to introduction, into General Assembly, of
such bill, and in manner to be provided by law 5 26 14
local or special. Proof of publication of notice of intention to
apply for, to be exhibited in General Assembly, before pas-
sage of. 5 26 14
allowing extra compensation to officers, agents, employes, or
contractors [of the State], after the service shall have been
rendered or contract made, require consent of two-thirds of
the members elected to each branch of General Assembly 5 27 14
allowing claims, subject-matter of which shall not have been
provided for by pre-existing laws, require consent of two-
■ thirds of the members elected to each branch of General As-
sembly 5 27 14
making appropriations. Requisites of 5 29 15
making general appropriations, to embrace nothing but appro-
priations for the ordinary expense of the executive, legisla-
tive, and judicial departments of the State 5 30 15
Separate, and embracing each but one subject, required, to make
appropriations other than for ordinary expenses of legislative,
executive, and judicial departments of State
New, not to be introduced into either house of General Assem-
bly during last three days of session
upon passage by both houses of General Assembly, to be pre-
sented to Governor for approval
disapproved by Governor, to be returned, with objections, to
house in which originated
returned, disapproved, by Governor, Reconsideration of.
returned, disapproved, by Governor, Passage of
not returned by Governor within five days (with exceptions
stated) to become laws
making appropriations, Power of Governor to disapprove items
of.
making appropriations, Parts of, approved by Governor, to be
law
making appropriations. Items of, disapproved by Governor, to
be void unless repassed as prescribed in case of bill
See, also, Acts, and Laws.
Bills [of credit] Acts authorizing issue of, to circulate as money, prohib-
ited 12 10 42
Binding of laws and journals, department reports, and other binding, to
be performed under contract to lowest responsible bidder, below
maximum price, as shall be prescribed by law 19 15 57
Blind, General Assembly to provide for support of institutions for educa-
tion of. 19 19 58
Blood, corruption of. No conviction to work 2 17 5
Board of Canvassers of returns of election to fill vacancy in office of Gov-
ernor 6 14 19
Board, State, of Supervisors of Eledtion under Schedule — see Election
under Schedule, State Board of Supervisors of.
Boards, County, of Supervisors of Election under Schedule— see Election
under Schedule, County Boards of Supervisors of.
Boards, Municipal, Members of (aldermen not included) , disqualified for
service as officers of election 3 10 8
Boards of Supervisors of Counties— see County Boards of Supervisors.
Bond to keep the peace, and for good behavior. Power of Justices of the
Peace to require ". 7 40 30
in case of appeal, by citizen, from allowances for or against
counties, cities, or towns
official, of State and county officers. Qualifications of sureties of..
Bonds of railroad or other corporations, held or owned by State, not to be
released except by payment thereof into State treasury
of private corporations. Restriction upon issue and increase of.
5
30
15
5
34
16
6
15
19
6
15
19
6
15
19
6
15
19
6
15
19
6
17
2p
G
17
20
6
17
20
7
51
19
21
5
33
12
8
INDEX TO CONSTITUTION. cxi
Issue of, may be by law authorized, to provide for and secure
payment of present existing indebtedness of counties and
municipalities
Books of railroad, canal, and turnpike companies, to be kept for inspec-
tion by stockholders and creditors
of railroad, canal, and turnpike companies, what to contain
Official, to be turned over to officers chosen at first election
Boundaries of the State
of counties. Change of.
Breach of the peace. Case of, constitutes exception to electors' privilege of
freedom from arrest
Case of, constitutes exception to Senators' and Representatives'
privilege of freedom from arrest
case of. Privilege of volunteers and militia from arrest, at mus-
ters, etc.. not to extend to
Bribe, Reception of, by officer, to be considered felony, and punished ac-
cordingly
Bribery in elections, to constitute felony, and disqualify for offices of trust
or profit
Conviction of, after adoption of Constitution, disqualifies for
seat in General Assembly, or office of trust or profit
of public officer, to constitute felony, in both parties, and to be
punished accordingly
at election under Schedule, Penalty of.
Bribes, Power of each house of General Assembly to protect its members
against offers of.
Bridges, County Courts to have exclusive original jurisdiction in all mat-
ters relating to
Contracts for erection or repairs of
Buildings for schools, and used exclusively for public charity, exempt
from taxation
Buildings, Public, Contracts for erection or repairs of.
Burdens of citizenship. No exemption from, on account of race, etc
Bureau, Mining, Manufacturing, and Agricultural, General Assembly
may create
Business, of specified descriptions. Absence on account of, to cause no for-
feiture of residence
Art. Sec. Page.
C.
Called sessions of General Assembly
Cctnal Companies to be common carriers
to maintain one office in the State, where transfers of stock
shall be made
Books of, to be kept at office, for inspection of stockholders and
creditors
Books of, to show amount, ownership, and transfers of stock,
and names and places of residence of officers
Consolidation, lease, purchase, or control, of parallel or com-
peting lines of, by their lessees, purchasers, or managers, pro-
hibited
Officers of, not to act as officers of similar companies control-
ing parallel or competing lines
Officers of, prohibited from interest, direct or indirect, in
supplies to such company, or in its business as common car-
rier
prohibited from making discrimination in charges, or in facili-
ties for transportation, by abatement, drawback, or other-
wise
or their lessees, managers, or employes, prohibited from mak-
ing preferences in motive power
General Assembly to prevent, by law, grant of free passes by, to
any officer of the State
Laws to be passed to correct abuses, and to prevent unjust dis-
crimination, and excessive charges, by
See, also. Corporations.
Canals
to be public highways
Equal right of all individuals, corporations, etc., to transporta-
i©n of persons and property over
17
2
48
17
2
48
Sc
21
66
1
1
13
1.2,4
43.44
3
4
8
5
15
12
11
3
40
5
35
16
3
6
8
5
9
11
5
35
16
Sc
25
67
5
12
11
7
28
27
19
16
58
16
5
47
19
16
58
2
3
2
10
1
39
19
7
56
6
19
20
17 .
1
48
17
2
48
17
2
48
17
2
48
17
4
49
17
4
49
17
6
49
17
6
49
17
7
50
17
10
50
17
48
17
1
48
6
14
19
10
3
40
11
2
40
16
5
47
8
4
37
8
1.2.4
33, 35. 37
7
47
31
7
4
22
19
2
55
5
24
14
2
10
4
5
24
14
cxii INDEX TO CONSTITUTION.
Art. Sec. Pagi
Undue or unreasonable discrimination in charges and facilities
of transportation upon, prohibited 17 3 4
Question of parallelism or competing lines of, to Ye decided by
a jury, as in other civil issues 17 4 4
Canvaesers, Board of, of returns of election to fill vacancy in oflSce of
Governor
Capital invested in mining and manufacturing businsss in this State. Ex-
emption of. from taxation
Capital of the State— see Seat of government.
Capital offences— see Offences, Capital.
Capital stock— see Stock.
Cavalry, Volunteer companies of.
Cenuteries, used exclusively as such, exempted from taxation
Census, by the State government
of the United States, A. D. 1880
Certificate of election of .Constables
Certiorari, Supreme Court may issue writs of, in aid of its appellate and
supervisory jurisdiction
Challenge to duel
OAanflreo/ names of persons, not to be effected by special law
Change of venue in criminal prosecutions
in criminal cases, not to be efi"ected by local or special law
Chancellor of Pulaski Chancery Court— see Courts, under sub-head of
Pulaski Chancery Court, Judge of.
Chancellors — See Courts of Chancery, Judges of.
Chancery Court of Pulaski County— see Courts, under sub-head of
Pulaski Chancery Court,
Chancery Courts — see Courts of Chancery.
Character, Right to remedy for injuries or wrongs to
Charge, criminal. Persons how to be held to answer
Charges to juries, to declare the law without regard to matter of fact
to juries, to be reduced to writing at request of either party
Charitable Corporations
Charity, public, Buildings, grounds, and materials, used exclusively for,
exempt from taxation
Charters under which bona fide organization be not made and business
commenced in good faith, at adoption of Constitution, de-
clared invalid
Power of General Assembly to alter, revoke, or annul
Conditions of remission of forfeiture, alteration, or amend-
ment of.
Chief Justice — see Courts — Supreme, Chief Justice of.
Chief Magistrate, Supreme executive power to be vested in
to be styled " The Governor of the State of Arkansas "
Children, adoption or legitimation of, No special law to be passed, au-
thorizing
minor. Homestead exemption for benefit of.
Churches, used as such, exempted from taxation
Circuit Clerks
Election of.
Term of ofBce of.
to be (except in cases of counties with population exceeding
fifteen thousand, where separate County Clerks are to be
chosen) ex-officio clerks of County and Probate Courts and
Recorders
To sign all writs and other judicial process of the courts of
which they are clerks
Circuit Courts — see Courts, Circuit, and Courts, Inferior.
Circuits, Judicial
State to be divided into
[ For list of judicial circuits, shounng of tohat counties the cir-
cuits respectively are to be composed, until otherioise provided by
th« General Assembly, see Table at close of the Index.]
Circulating medium. Acts authorizing issue of, prohibited
Cities, Municipal Corporation Courts of
Power of Supreme Court to issue writs of quo-warranto to offi-
cers of.
Corporation Courts of, Jurisdiction of.
Appeals from allowances made for or against
2
8
7
23
7
23
12
2
16
5
12
1
12
6
fi
2
6
2
5
24
9
6, 10
16
0
7
19
7
19
7
19
7
19
7
49
18
7
13
2
10
7
1
7
5
7
43
7
51
INDEX TO CONSTITUTION.
CXlll
Cities, General Assembly to provide, by general laws, for organiea-
tion of
General Assembly to provide, by general laws, specific restric-
tions of powers of.
Restrictions upon powers of taxation and assessment by
Restrictions upon powers of borrowing money and contracting
debts by
forbidden to pass laws contrary to the general laws of the
State
not to become stockholders in any corporation, etc
not to appropriate any money for, or loan credit to, any corpo-
ration, individual, etc
Assumption of liabilities of, by the State
never to loan credit for any purpose
to issue no interest-bearing evidences of indebtedness, except
bonds authorized by law to provide for and secure payment of
present existing indebtedness
Taxes of, in what funds payable
Orders or warrants of, receivable for corporation taxes
Right of citizens to institute suit for general protection of in-
habitants, etc
Assessments on real property for local improvements in, may
be authorized by General Assembly
See, also. Corporations, Municipal.
City Courts— seo Courts, Corporation.
City officers, except aldermen, and including members of any municipal
board, commission, or trust, disqualified for service as oflBcers
of election
Maximum of salary, fees, and perquisites of.
to pay into city treasury all sums by them received, in excess
of five thousand dollars net profit per annum
City offi.ce8. Appeals in cases of contested elections for
Citizen to be deprived of no right, privilege, or immunity, and exempted
from no burden or duty, on account of race, color, or previous
condition
Citizens, Right of, to keep and bear arms, for their common defence
Equality of privileges and immunities among all
Distinctions of law between, land resident aliens, in matter of
property, forever prohibited
of counties, cities, and towns. Right of, to institute suit for
general jfrotection of inhabitants, etc
of countiflB, cities, or towns. Right of, to appeal from allow-
ances made for or against the same
See, also^ People, and Eights.
Civil actions. Competency of witnesses in
Civil K6erty, Acknowledgment of, gratitude to God for
Perpetuation and security of, one of the objects of. the Constitu-
tion
Civil office and officers— see Office, and Officers.
Civil power. The military at all times to be in strict subordina-
tion to
never to interfere to prevent free exercise of right of suffrage
Civil process — see Process, Civil.
Claims, subject-matter of which shall not have been provided for by pre-
existing laws. No money to be appropriated or paid on, unless
allowed by bill passed by two-thirds of members elected to
each branch of General Assembly
Class legislation prohibited
But see under Special Legislation, sub-head of " Provisions
prohibiting class legislation."
Classification of Senators, at first session, as respects term of office
Clerk of Supreme Court
Term of office
Subject to removal for good cause
But see, further, under Courts— Supreme, Clerk of.
Clerk of the Separate Chancery Court of Pulaski County, First
election for /.
[See, also, however, under Courts— Pulaski Chancery,
Clerk of ]
^\y OP' THB "^
[UNIVERSITY
ST.
Sec.
Paqb.
12
3
41
12
3
41
12
3,4
41
12
3, 5
41
12
4
41
12
5
41
12
5
41
12
5
41
16
1
46
16
1
46
16
10
47
16
10
47
16
13
48
19
27
60
3
10
8
19
23
59
19
23
59
7
■52
32
2
3
2
2
5
3
2
18
5
2
20
5
16
13
48
7
51
32
So
2
61
Pr
- , .
1
Pr
So
5
27
14
2
3, IS, 19
20, 24.26
2,5. 6
5
3
10
7
7
23
7
7
23
7
7
23
cxiv INDEX TO CONSTITUTION.
Art. Sec. Page.
Clerks of courts of record, and of all inferior courts, ineligible to'"seat in
either house of General Assembly 5 7 11
of courts, to sign all writs and other judicial process 7 49 31
[For Clerk of each court, see under Courts, and the tub-head
of his particular court.]
of departments of State. Number and salaries of, to be fixed by
law 16 4 46
Closed doors. Either house of General Assembly may sit with, when the
business is such as ought to be kept secret 5 13 12
Collection of debt— see Exemptions,
Collector of taxes, SherifiF to be, ex-officio 7 46 31
OoWectors of public money, ineligible to General Assembly, or office of trust
or profit, until account and payment of all sums for which
liable 5 8 11
Color, No distinction in point of civil rights j.or duties, on >c-
count of. 2 3 2
Commander-in-Chief, Governor to be (with exception stated) 6 6 17
Commission, Treasurer, Secretary and Auditor of State, and Attorney
General, not to hold any other. State, U. S., or otherwise, at
one and same time ^ 6 22 21
Governor to issue, to fill vacancy in oflaee, where [no other mode
for filling the same is provided by Constitution and laws 6 23 21
Commissions to be issued in the name and by authority of the State,
sealed with the great seal of the State, signed by Governor,
and attested by Secretary of State 6 10 IS
Officers provided for in Art. VII of the Constitution (except
Constable), to receive, from Governor 7 48 31
of Justices of the Peace 7 38 29
of officers chosen at first election Sc 18 65
Commissions, Municipal, Members of, disqualified for service as officers
of election 3 10 8
Commissioner of State Lands, General Assembly may provide, by law, for
establishment of office of. 6 '1 16
Office of, continued, subject to abolition, etc., at first session of
^ General Assembly Sc 24 66
Salary of, etc. 7.19,Sc 10, 11,28 24,57,67
Salary of, during two years from adoption of Conststution Sc 28 67
First election for Sc. 3 61
chosen at first election. Return and announcement of elec-
tion of. '. Sc 17 64
First elected, when to enter upon discharge of duties Sc 17 65
Committees of General Assembly, Contracts for repairing and furnishing
rooms for use of, to be given to lowest responsible bidder, be-
low maximum price, under regulations to be prescribed by
law.* 19 15 57
Committees of the Whole, Sessions of, to be open, unless when business is
such as ought to be kept secret 5 13 12
Common Carriers, Railroad and canal companies to be 17 1 48
Common defence. Right of citizens to keep and bear arms, for the 2 5 3
Common ffooi. Right of peaceable assembly to consult for the 2 4 3
Common Law, felony at. Effect of, commission of, upon right of sufi"rage... 3 2 7
Common Pleas— see Courts of Common Pleas.
Common- Schools— see Schools.
CbniTOMnicatioTi of free thoughts and opinions. Right to 2 6 3
Communications, by Governor, to General Assembly — see Messages.
Commutation of sentence. Governor to have power, except in cases of trea- •
son and impeachment, to grant, after conviction 6 18 20
Each case of, to be communicated, by Governor, to General
Assembly, with his reasons therefor, and prescribed statement
of particulars 6 18 20
Commutation tickets upon railroads 17 3 49
Companies— see Corporations.
Companies, Volunteer, of militia 11 2 40
Cbmj3e7wa«ion of State officers 19, Sc 11,28 57, 67
of members of General Assembly 5, 19, Sc 16,11,28, 12, 57,67
of officers of State and members of General Assembly, during
two years from adoption of Constitution Sc 28 67
of State officers not to be increased or diminished during their
respective terms •. 19 H 56
of members of General Assembly, not to be increased during
19
23
59
10
24
18
25
37
28
37
28
37
28
46
31
10
2
40
5
27
14
2
22
6
12
9
42
Sc
2
61
19
1
55
2
10
4
5
14
12
12
9. 11
42, 43
INDEX TO CONSTITUTION. cxv
Art. Sec. Page.
term for which they have been elected, under any law passed
during such term 5, 19 16, 11 12.57
of State, county, city, and town oflBcers, not to exceed five
thousand dollars net profit per annum in par funds
of Judges of Supreme Court
of Judges of Circuit Courts
of County Judges
of Judges of Probate Courts
of Judges of Courts of Common Pleas
of Assessors
of State Geologist
Extra, to any officer, agent, employe, or contractor [of the
State], after the service has been rendered, or contract made,
prohibited, unless allowed by bill, passed by two-thirds of the
members elected to each branch of General Assembly
Compensation for private property taken or damaged for public use
and right of way taken for use of corporations
Gompetency of witnesses in civil actions
See. also
Compulsory process for witnesses. Right of accused to
Concurrent orders— see Order*.
Concurrent resolutions— see Resolutions, Concurrent.
Concurrent vote of both houses of General Assembly, on appointment of
officers, how taken and recorded
Condemnation of private property by corporations
Condition, previous. No distinction in point of civil rights or duties, on
account of.
Conferment of provisions of laws, not to be by reference to title only, but
by re-enactment, and publication, at length, of provisions
conferred
Confession in case of treason ;
Congress, Members of, ineligible to seat in either house of General As-
sembly
not to exercise office of Governor
to be elected at time prescribed by law at date of adoption of
Constitution
Consanguinity on part of Judge or Justice of the Peace, to disqualify from
presiding at trial
Conscience, Right of.
Consideration, to influence action of public officer. Person oflFering. and
officer accepting, guilty of felony ,
Consolidation of parallel or competing lines of railroads or canals, pro-
hibited ;
Constables, Election of.
Term of office..
to receive from presiding judge of County Court certificate of
election
Official oath to be endorsed upon certificate of election of.
Case of. constitutes exception to rule requiring officers to be
commissioned by Governor
See, also, Township officers.
Constitution ordained and established by the people of the State of Arkan-
sas, to perpetuate civil and religious liberty, and secure the
same to themselves and their posterity
All laws contrary to the provisions of, to be void
Amendments to
State Board of Supervisors of Election under Schedule to fur-
nish, and supply County Boards with, copies of, for distribu-
tion
Abstract of votes cast for and against, to be filed with Secretary
of State
to be in force from date of publication, by State Board of Super-
visors of Election, of its ratification by the people'^
Election for submission of, to the people— see Election un-
der Schedule.
Constitution of 1868, Efi"ect of exemptions created by, from seizure for debt..
Constitutional Convention — see Convention, Constitutional.
Constitutional sanction. Right of property before, and higher than, any...
* This publication was made October 30th, 1874— see p. xxiii.
2
14
5
5
7
11
6
11
18
Sc
26
67
7
20
25
2
24
6
5
35
16
17
4
49
7
47
31
7
47
31
7
47
31
7
47
31
Pr
1
2
29
7
19
22
59
Sc
10
62
Sc
17
64
Sc
17
64
9
9
39
2
22
6
cxvi INDEX TO CONSTITUTION.
Aht. Sec. Page.
Construction of Declaration of Rights 2 29 7
Consultation for the common good. Right of peaceable assembly for pur-
poses of. 2 4 3
Contempts in presence of either house of. General Assembly, Power to
punish 5 12 11-
in presence of either house of General Assembly, Punishment
for, not a bar to indictment for same offence 5 12 12
General Assembly to have power to regulate punishment of,
in cases where not committed in presence or hearing of court
or in disobedience to process 7 26 27
Contested elections— see Elections— Contested.
Contractors [with the State] Extra compensation to, after the service
shall have been rendered or contract made, prohibited, unless
allowed by bill passed by two-thirds of members elected to
each brauEh of General Assembly 5 27 U
Cbn«rac<, Jurisdiction of Justices of the Peace in matters of 7 40 29
Contracts, Laws impairing the obligation of, prohibited 2 17 5
with the State, not to be supplemented by additional compen-
sation, unless by bill passed by two-thirds of members elected *
to each branch of General Assembly 5 27 14
between the State and corporations 16 7 47
in violation of constitutional prohibition to oflScers, etc., of
railroad or canal companies, void 17 5 49
for greater rato^of interest than ten per cent, per annum, void,
and to be prohibited 19 13 57
for stationery, printing, paper, fuel, binding, distribution of
laws, journals, and department reports, repairing and fur-
nishing halls and rooms for use of General Assembly 19 15 57
for public buildings, or bridges, or for materials therefor, or for
care of paupers, where there are no alms-houses, to be given
to lowest responsible bidder, under regulations prescribed by
law 19 16 58
between individuals, executed since adoption of Constitution of
1868, Rule of distinction between sealed and unsealed instru-
ments concerning Sc 1 60
Convention, Constitutional, President of, to fill vacancies in State Board
of Supervisors of Election under Sche#ile, in case of all
plaees on said Board becoming vacant at same time Sc 7 62
Conviction of treason. Requisites to 2 14 5
not to work corruption of blood or forfeiture of estate 2 17 5
Lawful, of felony at common law» may forfeit or impair right
of suffrage 3 2 7
of fraud, bribery, or other willful violation of an election law
of the State, Penalties consequent upon 3 6 8
after adoption of Constitution, of embezzlement of public
money, bribery, forgery, or other infamous crime, to disqual-
ify for seat in General Assembly, or office of trust or profit... 5 9 11
of Governor, on impeachment, Office how filled in case of. 6 12,13,14 18
must precede a reprieve, commutation of sentence, or par-
don 6 18 20
in trial of impeachments, Two-thirds vote of Senators requi-
site to 15 2 45
Cbpi/ of accusation. Right of accused to 2 10 4
Coroners, Election of. 7 46 31
Term of office 7 46 31
Duties 7 46 31
ineligible to seat in eitheir house of General Assembly 5 7 11
See, also. County officers.
Corporation Cburts— see Courts, Corporation.
* Corporations, Municipal and Private 12 .. 41
political and municipal. General Assembly may delegate taxing
power, with necessary restriction, to, to extent of providing
for their existence, maintenance, and well-being, but no
further - 2 23 6
municipal. Officers of, aldermen excepted, disqualified for ser-
vice as officers of election 3 10 8
* Note. — It was thought desirable to present at one view all the provisions of the Constitution upon the
subject of corporations ; but in attempting to draw the line of distinction between the difi'erent species of
corporate bodies, it was found that in some instances the Constitution itself does not seem clearly to have
done so. The references, therefore, in this place, are simply given in the order of the text.
INDEX TO CONSTITUTION. cxvii
Aht. Sec. Paob.
Corporations, General laws not to be suspended.by legislature, for benefit
of particular 5 25 14
Obligations or liabilities of, held or owned by State, not to be
exchanged, transferred, remitted, postponed, or diminished,
by General Assembly, or released except by payment thereof
into State treasury 5 33 15
political. Power of Supreme Court to issue writs of quo warranto
tooflScers of.
municipal. Appeals from allowances made for and against
municipal. Right of appeal in contested elections for office of.....
Limitation, upon powers of General Assembly, as respects crea-
tion of, by special acts
for charitable purposes
for educational purposes
forjenal purposes
for reformatory purposes
municipal. General Assembly to provide, by general laws, for or-
ganization of.
municipal. General Assembly to provide, by general laws, speci-
fied restrictions of powers of
municipal, Restrictions upon powers of taxation and assess-
ment by
municipal. Restrictions upon powers of borrowing money and
contracting debts by
Municipal, forbidden to pass laws contrary to the general laws
of the State
P Municipal, not to become stockholders in any corporation, etc..
Counties and municipal corporations prohibited from appropri-
ating money for, or loan of credit to
Municipal, not to appropriate any money for, or loan crcdit^to,
any corporation, individual, etc
municipal. Assumption of liabilities of, by the State
to be formed under general laws
General laws for formation of, may be altered or repealed
Power of General Assembly to alter, revoke, or annul charters..
State not (with exceptions set forth in Constitution) to be stock-
holder in, subscribe to. or be interested in the stock of.
private. Restrictions upon issue and increase of stock or bonded
indebtedness of.
Compensation for property and right of way appropriated to use
of
foreign, doing business in this State, Regulations concerning...
Assumption of liabilities of, by the State
Indebtedness of, to the State, not to be released or discharged
save by payment into the public treasury
Municipal, never to loan credit for any purpose
municipal, to issue no interest-bearing evidences of indebted-
ness, except bonds authorized by law to provide for and secure
payment of present existing indebtedness
Power of State to tax, not surrendered or suspended by any con-
tract or grant to which- the State may be a party
municipal. Taxes of, in what funds payable
Orders or warrants of,reeeivable for corporation taxes
Right of citizens to institute suit for general protection of in-
habitants, etc
Conditions of remission of forfeiture, alteration, or amendment
of charter, or passage of any law for benefit of.
State's right of eminent domain over property and franchise of.
Corporations, Canal — see Canal Companies.
Corporations, Railroad — see Railroad Companies.
Corporations, Turnpike— sqq Turnpike Companies.
Corruption, Ineligibility, to General Assembly, of member expelled for.,
of public officer, to constitute felony, in both parties, and to be
punished accordingly
Corruption of blood. No conviction to work
Costs in case of appeal by citizen from allowances for or against counties,
cities, or towns
State officers (Prosecuting Attorneys excepted) not to receive to
their own use
Counsel, Right of accused to be heard by
7
5
23
7
51
32
7
52
32
12
2
41
12
2
41
12
2
41
12
2
41
12
2
41
12
3
41
12
3
41
12
3,4
41
n
3,5
41
12
4
41
12
5
41
12
5
41
12
5
• 41
12
12
43
12
6
42
12
6
42
12
6
42
12
7
42
12
8
42
12
■ 9
42
12
11
42
12
12
43
12
12
43
16
1
46
16
7
47
16
10
47
16
10
47
16
13
48
17
8
50
17
9
50
5
35
10
2
17
5
7
51
32
19
11
56
2
10
4
INDEX TO CONSTITUTION.
RT.
Sec.
13
7
28
7
51
8
1
13
13
1
13
1
12
5
12
5
16
1
16
1
16
10
16
10
Counties, County Seats, and County Lines ^
County Courts to have exclusive original jurisdiction in all
cases necessary to internal improvement and local concerns of..
Appeals from allowances made for or against
Apportionment of Representatives to
Creation of new
new, Minimum limits of.
new, Minimum number of inhabitants of.
not to become stockholders in any corporation, etc
not to obtain or appropriate any money for, or loan credit to,
any corporation, individual, etc
never to loan credit for any purpose
to issue no interest-bearing evidence of indebtedness, except
bonds authorized by law to provide for and secure payment of
present existing indebtedness
Taxes of, in what funds payable
Orders or warrants of, receivable for county taxes
Eight of citizens to institute suit for general protection of in-
habitants, etc 16 13
[For Table showing the apportionment of counties to Senatorial Districts
and Judicial Circuits, respectively, as prescribed until U. S. ,
Census of 1880, see at close of Index,]
County Boards of Supervisors, County Courts to be regarded as continua-
tions of. Sc 23
Papt^rs and records of, to be transferred to County Courts Sc 23
Actions in, not to abate because of change made in this Consti-
tution Sc 23
County Boards of Supervisors of Election under Schedule— see Election
under Schedule, County Boards of. Supervisors of.
County Clerks, Circuit Clerks (except in cases specified— see next entry) to
be, ex-officig 7 19
Separate, to be chosen in counties with population exceeding
fifteen thousand 7 19
Separate, to be, ex-officio. Clerks of Probate Courts 7 19
Ballots, and copies of abstracts of votes and poll-books, of elec-
tion under Schedule, to be filed with Sc 16
See, also. Courts, County, Clerks of, and Courts, Probate,
Clerks of.
County Courts — see Courts, County.
County expenses. Justices of the Peace to sit with County Judge in mak-
ing appropriations for 7 30
County Judges— see Cottrts, County, Judges of.
County Lines
Change of.
between Pope and Johnson Counties, an exception to general re-
striction of Art. XIII, Sec. 1
County officers, their election, term of office, and respective duties
Oath of office of
Qualifications of sureties upon ofiBcial bonds of.
to reside within their respective counties
Place of ofiBce of, to be such as may be designated by law
Maximum of salary, fees, and perquisites of.
to pay into county treasury all sums by them received in excess
of five thousand dollars net profit per annum
Justices of the Peace (not included) disqualified for service as
officers of election
Appointment of, by Governor, to fill vacancies occurring within
six months before next general election
Special elections for, in case of vacancy
First election for
See, also. Sheriff, Assessor, Coroner, County Clerk, County
Surveyor, and County Treasurer.
County offices. Appeals in cases of contested elections for
County, Quorum of the— see Quorum of the County.
County seats
Lines of new counties (with exceptions stated) not to run
, within ten miles of.
of new counties. Temporary location of.
Sebastian county may have two
13
1.2,4
13
1,2,4
13
1
7
46
19
20
19
21
19
4
19
4
19
23
7
50
7
50
Sc
3
7
52
13
3,5
13
4
13
3
13
5
Art.
Skc.
Paue.
7 ■
4«
31
7
46
31
7
46
SI
7
28
27
7
30
27
16
9
47
16
10
47
7
46
31
7
46
31
19
23
59
16
10
47
2
8
3
5
20
13
5
25
14
INDEX TO CONSTITUTION. cxix
County Surveyor, Election of
Term of office .'.
Duties
See, also, County officers.
County Supervisors— see County Boards of Supervisors.
County taxes. County Courts to have exclusive original jurisdiction in all
matters relating to
Justices of the Peace to sit with County Judge in levying
not to exceed one-half of one percent., except an additional
one-half of one per cent, to pay present existing indebtedness...
in what funds payable
County Treasurer, Election, terra of office, and duties of.
to be, ex-officio, treasurer of the common-school fund of the
county *
to receive from county officers all sums by them Teceived in ex-
cess of $5,000 net profit per annum
See, also. County officers.
County warrants QT orders, receivable for county taxes
(hurt. Discretion of, in case of division of jury in criminal prosecution...
^COURTS :
State of Arkansas never to be made defendant in any of her
having jurisdiction to grant particular powers, privileges, or
relief, no special law to be passed for those purposes
Court of Impeachment— see Impeachment.
Court, Supreme 7 1 22
how constituted 7 2 22
quorum of. Two Judges to constitute 7 2 22
Concurrence of two Judges of, necessary to decisions of. 7 2 22
Increase of number of Judges of. 7 3 22
Original jurisdiction of. 7 4,5 22, 23
Appellate jurisdiction of. 7 4 22
Power of, in aid of appellate and supervisory jurisdiction, to
issue writs 7 4 22
Power of, in exercise of original jurisdiction, to issue writs of
quo warranto 7 5 23
Superintending control of, over inferior courts of law and
equity 7 4 22
Terms of. 7 8 23
Special Judges of. .-. 7 9 23
Appeal to, from Circuit Courts, in matters of equity 7 15 24
Court, Supreme, Chief Justice of, to he eleaieA. B.S SMch. 7 2 22
to preside in trial of impeachments 15 2 45
how removable upon address 15 3 45
First election for Sc 3 61
Court, Supreme, Judges of [including, in the provisions here and below
referred to, the Chief Justice], Number of. 7 2,3 22
Increase of number of 7 3 22
Division, by lot, of, at the first meeting of the Court, to decide
term of office 7 6 23
Election of...: 7 6 23
Qualifications of. 7 6 23
ineligible to seat in either house of General Assembly 5 7 11
Salaries of, etc 7, 19, Sc 10, 11,28- 24, 57, 67
Salaries of, during two years from adoption of Constitution Sc 28 67
Compensation of, after first session of General Assembly, not to
to be diminished during the time for which they shall have
been elected 7 10 24
not to be allowed any fees or perquisites of office, or to hold other
offices of trust or profit .'. 7 10 24
prohibited, during continuance in office, from practising law or
appearing as counsel, within the State 7 25 ' 26
liable to impeachment 15 1 45
how removable upon address 16 3 45
to be conservators of the peace throughout the State 7 4 22
* Note.— The professional reader will observe that here, as in some similar instances, little attempt has
been made toward an analysis of the text ; and this for the reason set forth in the preface, that the work
has been designed solely with a view to practical convenience. On topics in which the class most interested
are certain to turn, for their better satisfaction, to the text itself, it is believed that simple reference to
article, section, and page, will in many cases prove most serviceable.
Art.
Sec.
4
9
9
7
7
7
49
7
7
7
1
13
18
7
12
18
21
11,15
15
14
45
So
23
, Sc
45,23
7
27
7
14
cxx INDEX TO CONSTITUTION.
Court, Supreme, Judges of, to have power to issue remedial writs
Case of disqualification of. from presiding at trial
Special Judges
See, also. Judges.
Court, Supreme, Clerk of.
Term of office of.
removable for good cause
to sign all writs and other judicial process of the court
Oourt, Supreme, Repwter of.
Term of office
removable for good cause
Courts, Circuit
Division of State with respect to
Judicial Circuits .•
\_For Table showing the apportionment of counties to Judicial Circuits,
aspresa-ibed until otherudse provided by General Assembly,
see at close of the Index.]
to hold their terms in each county
Terms of (until otherwise provided by General Assembly)
Special Judges of. ,
Original jurisdiction of.
Equity jurisdiction of.
Superintending control and appellat jurisdiction of.
Jurisdiction of separate Criminal Cturts transferred to
to be regarded as continuations of Criminal Courts
Records, books, and papers, of Criminal Courts, to be transfer-
red to
Jurisdiction of, in matter of removal of county and township of-
ficers
Power of. to issue writs
Probate Courts to bo regarded as continuations of, for transac-
tion of probate business .' Sc
Papers and records of probate business in, to be transferred to
Probate Courts So
Actions in, not to abate because of change made in this Consti-
tution
Sebastian county, on conditions specified, may have two
Appeals to, from judgments of County Courts and Courts of
Common Pleas
Appeals to, from Probate Courts
Appeals to, from final judgments of Justices of the Peace
Appeals to, from allowances made for or against counties,cities,
or towns 7 51
Appeals to, in contested elections for county, township, or mu-
nicipal offices 7 52
Appeals from, to Supreme Court, in matters of equity 7 15
See, also. Courts, Inferior,
Courts, Circuit, Judges of, Election of. 7 13,17
Term of office 7 17
Qualifications 7 16
prohibited, during continuance in office, from practising law
or appearing as counsel, within this State 7 25
ineligible to seat in either house of the General Assembly 5 7
not to be allowed any fees or perquisites of office, or to hold
other office of trust or profit 7 18
Compensation of, not, after adjournment of first General Assem-
bly, to be diminished during the time for which they were
elected
Salary of, etc 7, 19,
Salary of, during two years from adoption of Constitution
liable to impeachment
how removable upon address
First election for
to be consarvators of the peace within the circuit for which
elected ,
Power of, to issue writs in vacation
Exchange of circuits by
Special Judges
Powers of County Judges in absence of, from the county
Power of Supreme court to issue writs of quo-warranto to
See, also, Judges, ^
Sc
23
13
5
7
33
7
.35
7
42
7
18
Sc.
10, 11, 28
Sc
28
15
1
15
3
Sc
3
7
13
7
14
7
22
7
21
7
37
7
5
INDEX TO CONSTITUTION.
1
22
15
24
25
26
7
11
11,28
57. 6T
28
67
1
45
3
45
6
22
Art. Skc. Pagh.
Courts, CircuU, Clerks of. Election of 7 19 25
Term of office 7 19 25
tobe.ex-officio (except in cases of counties with population ex-
ceeding fifteen thousand, where separate County Clerks are to
be chosen) Clerks of Probate Courts, and Recorders 7 19 26
to sign all writs and other judicial process of the court 7 49 31
Courts of Chancery: Provisional continuance of Pula«ki Chancery
Court 7 44 30
See Court, Pulaski Chancery, below.
General Assembly may establish separate, when deemed ex-
pedient 7
Jurisdiction in matters of equity, until establishment of 7
See, also. Courts, Inferior.
Ctn*rts of Chancery, Judges of, prohibited, during continuance in office,
from practising law or appearing as counsel within this State 7
ineligible to seat in either house of General Assembly 5
Salary of 19. Sc
Salary during two years from adoption of Constitution Sc
liable to impeachment 15
howremovable upon address 15
Power of Supreme Court to issue writs of quo warranto to 7
See, also. Court, Pulaski Chancery, Judge of, below, and
Judges.
Courts of Chancery, Clerks of, to sign all writs and other judicial process
of the court 7
Court, Pulaski Chancery, to continue in existence until abolished by
law, or the business pending at adoption of Constitution dis-
posed of, or the pending business transferred to other courts.... 7
Transfer from, of proceedings relating to sixteenth section
lands, or to money due therefor 7
See, also. Courts, Inferior.
Court, Pulaski Chancery, Judge of. Term of office of. 7
Election of. 7
First election for Sc
But see. further. Courts of Chancery, Judges of, above.
See, also. Judges.
Court, Pulaski Chancery, Clerk of. Election of. 7
Term of office 7
First election for Sc
to sign all writs and other judieialfprocess of the court 7
Omrts, County 7
Terms of. 7
'^tobeheld by one Judge, except in cases otherwise provided
[i. e. , in case of full session of the Justices, to levy county taxes
and make appropriations for county expenses; for which, see
Qvm~um of the County] 7
to bo regarded as continuation of Boards of Supervisors Sc
Papers and records of Boards of Supervisors to be transferred to.. Sc
Original jurisdiction of 7
Appeals from, to Circuit Courts 7
Superintending control and appellate jurisdiction of Circuit
Courts over 7
Special judges of. 7
Sebastian county, on conditions specified, may have two 13
*Cbtwte, County, in full sessioyi of the Justices, to levy county taxes,
and make appropriations for county expenses— see Quorum
of the County.
See, also. Courts, Inferior.
Coitrts, Comity, Judges of, Election of. 7 29 27
Terms of office of 7 29 27
Qualifications of. 7 29 27
*'NoTE, The substitution, for County Boards of Supervisors, of a County Court, consisting of a single
Judge, has given rise to a confusion of terms. The county courts proper, in this State, formerly consisted,
for all purposes, of the entire body of Justices of the Peace of the county; but the sole power delegated,
by the present Constitution, to this body of magistracy, is that of levying county taxes and making appro-
priations for the expenses of the county; and the use of the term "County Court," as applied to it, is cer-
tainly inconvenient in practice. The old term of "Quorum of the County." is suggested as sufficiently
applicable to the session of the whole body of Justices; and its use would obviate the present ambiguity of
expression.
12
44
30
44
30
3
61
44
30
44
30
3
61
49
31
1
22
31
28
28
2T
23
66
23
66
28
27
33
28
14
24
36
28
5
44
Art.
Sec.
Pagi.
7
37
28
7
as
at
7
37
28
7
34
28
7
32
28
7
36
21
7
19
»
7
49
SI
7
1
22
7
34
28
7
34
28
7
14
24
7
35
2S
Se
23
86
Sc
23
m
7
36
28
13
5
44
7
34
25
7
37
28
exxii INDEX TO CONSTITUTION.
Court*, County, Judges of. Compensation of.
to sit alone, except in cases otherwise provided
Powers of, in absence of Circuit Judge from the county
to be Judges of Court of Probate, etc
GeneralAssembly may authorise, to hold quarterly Court of
Common Pleas
Special Judges
See. also, Judnte.
Covrtt, Ccfunty, Clerks of. Clerks of Circuit Courts (except in cases speci-
fied—see next entry) to be
Separate County Clerks to be chosen, in counties with popula-
tion exceeding fifteen thousand
to sign all writs and other judicial process of the Court
Courtt, Probate
Terms of
Original jurisdiction of.
Superintending control and appellate jurisdiction of Circuit
Courts over
Appeals from, to Circuit Courts
to be regarded as continuations of Circuit Courts, for probate
business
Papers and records 9f probate business of Circuit Courts to be
transferred to
Special judges of
Sebastian county, on conditions specified, may have two
See, also, Courtt, Inferior.
CourUof Probate, Judges of. Judges of County Courts to be
Compensation of.
Special judges 7 36 28
See, also, Judges.
Courts Probate, Clerks of. Clerks of Circuit Courts (except in cases speci-
fied— see next entry) to be 7 19 25
Separate County Clerk, in counties where elected, to be, ex-
officio 7 19 25
to sign all writs and other judicial process of the court 7 49 31
Courts of Common Pleas, General Assembly may authorize Judge of
County Court to hold 7 32 28
to be courts of record 7 32 28
Jurisdiction of. 7 1, 32 22, 26
Superintending control and appellate jurisdiction of Circuit
Courts over 7 14 24
Appeals from, to Circuit Courts 7 33 28
See, also. Courts, Inferior,
Courts of Common Pleas, Judges of. Compensation of 7 37 28
Se«, also. Judges,
(hurts of Common Pleas, Clerks of, to sign all writs and other judicial
process of the court 7 49 31
Courts, Justices' — see Justices of the Peace.
Courts, Examining, Jurisdiction of Justices of the Peace as 7 40 29
Courts, Corporation, Jurisdiction of. 7 1, 43 22, 30
General Assembly may dispense with indictment in oflFence cog-
nizable by 7 43 se
Superintending control and appellate jurisdiction of Circuit
Courts over 7 14 24
Bee, also. Courts, Inferior.
Courts, Corporation, Clerks of, to sign all writs and other judicial procegg
of the court 7 49 31
Courts, City— see Courts, Corporation.
Courts, Mayors'— see Courts, Corporation.
Courts, Municipal— see Courts, Corporation.
Courts, Police— see Courts, Corporation.
Courts, Supervisors'— see Courts, County.
Courts, Town— see Courts, Corporation.
Courts, J«/erior, General superintending control of Supreme Court over 7 4 22
of jurisdiction similar to that of Justices of the Peace, Action
of grand jury not requisite to criminal prosecutions in 2 8 8
Courts, Inferior, Judges of, ineligible to seat in cither house of General
Assembly 5 7 11
S««, alio, Judges.
INDEX TO CONSTITUTION.
Art.
Sec.
Page.
7
45
31
7
45
31
Sc
23
66
7, Sc
45. 23
31. 66
Courts, Separate Oriminal, abolished
Jurisdiction exercised by, transferred to Circuit Courts
Circuit Courts to be regarded as continuations of
Papers and itcords of, to be transferred to Circuit Courts
Actions in, not to abate because of change made in this Consti-
tution ,
Courts, Separate Criminal, Clerks of, to transfer records, books, and
papers, of their respective courts, to Circuit Courts
See, also, Actiong, Court, Evidence, Jury, Witnesses, etc., etc.
Credit, Counties and municipal corporations not to loan, to corporations,
individuals, etc
Credit, public. Loan of, prohibited
Crime, Punishment of, by involuntary servitude
infamous. Conviction of, after adoption of Constitution, dis-
qualifies for seat in General Assembly, or office of trust or
profit
Pardons for, etc
Criminal Cases— see Prosecution*, Griminal.
Oriminal Charge, Persons how to be held to answer
Criminal Cowduct, Removal of county and township officers for
Criminal Courts— see Courts, Criminal.
Criminal Prosecutions— see Prosecutions, Oriminal.
Cruelty in punishments, prohibited ,
D.
12
5
41
16
1
46
2
27
6
6
9
11
6
18
20
2
S
3
7
27
27
Damage of private property for public use
to personal property. Jurisdiction of Justices of the Peace in
matters of.
Damages to persons and property. Railroads to be responsible for
DeaJ and Dumb, General Assembly to provide for suppoxt of institutions
for education of.
Death, Survivors' right of action for injuries resulting in
of Governor, Office how filled in case of
of President of Senate, during vacancy in office of Governor,
Governorship how filled in cas« of ,
of members of State Board of Supervisors of Election under
Schedule
Debate, freedom of. Privilege of, in General Assembly
Debt, Imprisonment for, unless in cases of fraud, prohibited
seizure for. Exemption of property from
of private corporations. Restrictions upon creation and increase
of.
' See, also. Debts.
Debt, Collection of— see Exemption.
Debts ©f husband. Wife's separate property not subject to
contracted since adoption of Constitution of 1868, and prior to
that of 1874, Exemptions contained in Constitution of 1868 to
apply to
Debt, Public:
1. 0/ the State:
General Assembly, from time to time, to provide for the pay-
ment of all jiist and legal debts of the State IC 2 46
Levy of State tax, and appropriation of money, to raise means
for the payment of the just debts of the State, constitute ex-
ceptions to the rule requiring, for such purposes, a majority
of two-thirds of both houses of the General Assembly 5 31 15
State never to loan its credit for any purpose whatever 1* 1 4«
State never to issue any interest-bearing treasury warrants or
scrip 1« 1 4«
State never to assume or pay the debt or liability of any county,
town, city, or other corporation whatever, or any part thereof;
unless such debt or liability shall have been created to repel
invasion, suppress insurrection, or to provide for the public
welfare and defence Ij jj ^
2, 0/ Counties and Municipalities.
debt of ceunties, existing^at date of ratification of Constitution,
Counties may levy tax of one-half of one per cent. for... 1« 9 4T
outstanding, of municipal corporations. Additional tax of fir*
mills may b« l«vi«d for II 4 41
T
40
28
17
12
50
19
19
68
5
32
15
6 12,
13. 14
18
6
13
18
S«
7
62
5
15
12
2
16
5
9
37
12
3
42
9
7
30
9
9
9
INDEX TO CONSTITUTION.
2
29
2
29
19
S
2
5
12
12
2
23
Deht, Public, of Counties and Munieipalitiea (continued:)
Issue of bonds may be authoriied by law, to provide for and so-
cnre payment of indebtedness of counties and municipalities,
existing at adoption of Constitution 16 l
of corporations, Assumption of, by the State 12 12
No city, county, town, or other municipality, ever to loan its
credit for any purpose whatever 14 l
No county, city, town, or other municipal corporation, to obtain
or appropriate money for, or loan its credit to, any corporation,
association, institution, or individual 12 5
No county or municipality to issue (with exceptions stated) in-
terest-bearing evidences of. 16 1
Decisions of Supreme Court, Concurrence of two Judges necessary to 7 2
of Supreme Court, After increase of number of Judges, majority
to be necessary to 7 3
Deceased persons, estates of. Courts of Probate to have exclusive original
jurisdiction, as may be prescribed by law, in matters rela-
tive to 7 34
Declaration of Rights 2
Everything contained in, excepted out of the general powers of
the government, and forever to remain inviolate 2 29
Enumeration, in, of rights, not to be construed to deny or dis-
parage others retained by the people
All laws contrary to provisions of, to be void
Decrees of courts— see Judgments.
Deductions from salaries of public officers. General Assembly to regu-
late
D^ence, common. Right of citizens to keep and bear arms for the
Defence, public. State may contract debts to provide for
Delegation of State's taxing power
Denomination, religious. No preference ever to be given, by law, to
any 2 24 6
religious. Each, to be protected in peaceable enjoyment of its
own mode of public worship 2 25 6
Department, Executive 6 . . 16
Legislative 5 . . 10
Judicial 7 . . 22
Department, of Mining, Manufacturing, and Agriculture— se* Bureau.
Departments 4 . . 9
Powers of State government divided into three distinct, viz:
legislative.executive, and judicial 4 1*
respective, of State government. No person or persons belong-
ing to, to exercise any power belonging to another, except as
prescribed in Constitution, after Art. IV 4 2 9
of government. Right of petition to, by address or remon-
strance 2 4 3
of government. Contracts for furnishing stationery, printing,
paper, and fuel, for use of. 19 18 Sf
Department Reports, Printing, binding, and distributing of, to be per-
formed under contract, to be given to lowest responsible bid-
der, below maximum price, under regulations to be prescribed
by law 1» 16 VI
Deputies of collectors or holders of public money. Condition of eligibility
of. to General Assembly, or office of trust or profit 5 8 11
Descent of property. Distinctions of law, between resident aliens and
citizens, in matter of, forever prohibited
Detention, Unreasonable, of witnesses, prohibited
Digesting of the laws of the State
Diminution of obligations or liabilities, of corporations, held or owned
by Stat43, prohibited S 33 16
Directors— see Corporations, and Railroad Companies, Canal Compa-
nies, and Turnpike Companies, under items relative to their
officers.
Disabilities for exercise of elective franchise 8 5, 6, 7 •
Disability of Governor, Office how filled in case of 6 12, 13, 14 18
of President of Senate during vacancy in office of Governor,
Governorship how filled in case of. 6 IS 18
Disagremnent between the two houses of General Assembly with respect
to time of adjournment 6 20 21
Disapproval, by Governor, of bills 6 15 19
of bills return of which has been prevented by adjournment of
General Assembly, bow recorded and published 6 J6 19
2
20
5
2
9
4
9
17
J8
INDEX TO CONSTITUTION.
RT.
6
Skc.
17
Page.
20
6
16
20
5
29
15
16
12
48
19
12
5T
7
12
17
28
12
1.3.5.6.10
27
43
48. 49.W
3
6
S
3
10
9
5
7
11
5
9
11
5
10
11
5
12
12
J>t»apj>rot>ai by Governor, of items of appropriation bills
by Governor, of joint and concurrent orders and resolutions.
Proceedings in case of
Disbursements from the treasury to be made only in pursuance of specific
appropriation, by law, made in manner specified
from treasury, to be only in accordance with appropriations
by law
of public moneys. Publication of receipts and expendi-
tures of.
of money for county purposes. County courts* to have exclusive
original jurisdiction in all matters relating to
Discharge of indebtedness of corporations to the State, Conditions of.
Discrimination in charges for transportation, prohibited
Disqualification for office of trust or profit, for willful and corrupt viola-
tion of election laws
of officers of election, for any civil office (with exceptions stated)
to be filled at an election at which they may serve
for membership of either house of General Assembly, by reason
of holding office
of collectors or holders of public money, for membership of
General Assembly, or office of trust or profit, until account
and payment of all sums for which liable
for seat in General Assembly, or office of trustor profit, by rea-
son of conviction, after adoption of Constitution, of infamous
crime
of Senators and Representatives, during term for which elected.
for any civil office under the State
for membership of General Assembly, of member expelled for
corruption
for office of Governor, of person holding office under authority
of State of Arkansas, or U. S., except as by the Constitution
provided
of Treasurer, Secretary, and Auditor, of State, and Attorney
General, for holding any other office. State. U. S., or other-
wise, at one and the same time
of Judges of the Supreme Court, from presiding at trial.
Case of
of Judges of Supreme Court, to hold other office
of Judges of Circuit Courts, to hold other office
of Judges of Circuit Courts, from presiding. Case of.
of Judges and Justices of the Peace from presiding at trial
of Judges of County and Probate Courts from presiding at trial.
Case of.
for office, a punishment in eases of impeachment
for office, of officers of State, and members and officers of Gen-
eral Assembly, for misuse of public moneys
of atheists to hold civil office or testify as witnesses
for office, of duellists and their abettors
for office, of persons not possessing qualifications of an elec-
tor
of electors
Disorderly behavior in presence of either house of General Assembly,
Power to punish
in presence of either house of General Assembly, Punishment
for, not a bar to indictment for same offence
Disseizure of estate, freehold, liberties, or privileges, except by judgment
of peers or law of the land, prohibited
Distinctions of law, between resident aliens and citizens, in matter of
property, forever prohibited
District officers to reside within their respective districts
Place of office of. to be such as may be designated by law
Districts, judicial, Sebastian county may have two
See. also. Circuits, Judicial.
Districts, Senatorial, Division of State into, by legislature, prescribed
to consist of contiguous territory
No county to be divided in formation of.
Division of State into, to be made only at first regular session
after each census
[For Table showing apportionment of counties to Senatorial Districts, as
prescribed until otherioise provided by General Assembly, see at
close of Index,]
7
9
2S
7
10
24
7
18
26
7
21
25
7
20
2i
7
36
28
15
1
4i
16
3
46
19
1
55
19
2
56
19
3
5S
3
5,6, 7
S
5
12
11
5
12
12
2
21
b
2
20
5
19
4
56
19
4
56
13
5
44
8
2
36
8
3
8
3
37
8
4
»
INDEX TO CONSTITUTION.
DittrictB, School— see School-districts.
Distribution of laws, journals, and department reports, and other printing,
to be performed under contract to be given to lowest respon-
sible bidder, below maximum price, as shall be prescribed
by law
Divorces not to be granted by special law
Documents, Official, to be turned over to officers chosan at first elec-
tion
Domain. Eminent, State's ancient right of, fully and expressly con-
ceded A
State's right of, over property and franchises of incorporated
companies
Dram-shops, to be closed on day of election under Schedule
Drinking -houses to be closed on day of election under Schedule
Drawback upon charges for railroad or canal transportation
Due process of law, Right to
Duelling
2>atie«— see under head of each officer, and, in reference to Qeneral As-
sembly, under sub-head of Duties, Obligatory.
E.
19
15
5
24
Be
21
2
23
17
9
Sc
15
So
15
17
6
2
8
19
2
Education : 14
See, also. Schools, and University-
Educational Corporations 12 2
Effects, security of, against unreasonable searches and seizures,
Hight to 2 15
ELECTIONS 3
1. Freedom of elections, and of exercise of privilege op suffrage :
J5^fection« to be free and equal 3 3
No power, civil or military, ever to interfere to prevent the free
exercise of the right of suffrage.. 3 2
No law to be enacted whereby the right to vote at any, shall be
impaired or forfeited, except for the commission of a felony at
common law, upon lawful conviction thereof. 3 3
No religious test to be required of any person as a qualification
to vote 2 2£
No law to be enacted whereby the right to vote at any, shall be
made to depend upon any previous registration of the elec-
tor's name 3 2
2. Qualifications of voters ;
General rule of qualifications of voters 3 l
Exceptions to general rule of qualifications of voters 3 2, 5, 7
Idiots and insane persons not entitled to privileges of electors.. 2 i
No soldier, sailor, or marine, in the military or naval service of
U. S., to acquire a residence by reason of being stationed on
duty in this State 3 7
Right of sufi"rage may, by operation of statutes, be forfeited for
the commission of a felony at common law 3 2
3. Conduct of elections, etc. :
Elections, All. by the people, to be by ballot 3 3
Ballots to be numbered in the order in which received i 3
Numbers of ballots to be recorded, by the election officers, on
the list of voters, opposite the name of the elector who pre-
sents the ballot 3 3
Officers of, to be sworn or affirmed not to disclose how any elec-
tor shall have voted, unless required to do so as witness in a
judicial proceeding, or a proceeding to contest an election 3 ' 3
[See, further, on this latter head, under Elections, Contested,
below,]
officers of. Classes disqualified from serving as 3 10
Officers of, ineligible to any civil office to be.filled at an election at
which they shall serve— save only to such subordinate munici-
pal or local offices, below the grade of city or county officers,
as shall be designated by general law 3 !•
Persons convicted of fraud, bribery, or other willful and cor-
rupt violation of any election law of this State, to be adjudged
guilty of a felony, and disqualified from holding any office of
trust or profit in this Stat« 3 S
INDEX TO CONSTITUTION. cxxvii
Art. Sbc. Pahe.
Electors (except in cases of treason, felony, and breach of the
peace) to be privileged from arrest during attendance at, and
going to and from S 4 S
Beturns of, for officers who are to be commissioned by the Gov-
ernor, and for members of the General Assembly, except as
otherwise provided by the Constitution, to be made to Secre-
tary of State 19 1« «
For conduct ot election, disposition of returns, etc, at first
election for officers, and upon question of ratification of
Constitution, see Election under Schedule, below.
Elettionlaws of the State, Willful and corrupt violation of, to consti-
tute felony, and disqualify for offices of trust or profit % % i
. Specific elections :
a. General: ,
Elections, General, to beheld biennially, on first Monday of Septem-
b^ » 8 S
general. General Assembly may, by law, fix a diflferent time for,
from that prescribed in the Constitution J S 8
for Governor, Secretary of State, Treasurer of State, Auditor
of State, and Attorney General 6 S 16
for members of House of Representatives, to be biennially held,
by the qualified electors of the several counties 5 2 10
for State Senators, to be quadrennially held, by the qualified
electors of the several districts S S 18
for State Senators, Date of, in each district, determined by lot
cast at first session of Senate after adoption of Constitution,
dividing the Senators then in office into two classes, holding
place for two and four years, respectively— all, thereafter, to
be elected for four years 5 » 19
Each house of General Assembly to be sole jifdge of the elec-
tions, qualifications, and returns, of its own members S 11 11
of Judges of Supreme Court 7 6 8S
of Chief Justice of Supreme Court, to be as such 7 J 22
of Judges of Circuit Courts 7 13, 17 24, 25
of Judges of County Courts 7 29 27
of Judge of Pulaski Chancery Court 7 44 30
of Clerk of Pulaski Chancery Court 7 44 30
of Prosecuting Attorneys 7 24 26
of Circuit Clerks 7 19 25
of County officers 7 46 SI
of Justices of the Peace 7 38,39 29
of Constables 7 47 31
6. Special popxdar elections, to fiU vacancies :
Elections to fill vacancy in office of Governor, not happening within
twelve months next before expiration of Govsrnor's term of
office « 14 18
to fill vacancy in office of Governor. Returns of 8 14 18
All vacancies in any office provided for in Art. VII [t. c,
judicial officers, officers of courts, and •ounty and township
officers] to be filled by special election ; save that in case of
vacancies occurring in county and township offices six
months, and in other offices nine months, before the next
general election, such vacancies shall be filled by appoint-
ment by the Governor 7 58 11
to fill vacancies in either house of the General Assembly, Gov-
ernor to issue writs for 5 8 18
«. For Special Judges :
£iectton»of Special Judges of Circuit Courts 7 21 25
of special presiding officer of Quorum of the County, in case of
absence of County Judge 7 30 27
d. In the tico houses of General Assembly:
Elections hy peTsons acting in a representative capacity, to be viva
voce S 12 f
of officers, civil or military, by joint or concurrent vote of both
houses, or by the separate vote of either house, of General As-
sembly, Vote upon, to be taken viva voce, and entered on the
journals 5 14 12
of President of Senate and Speaker of House of Representa-
tives 5 18 15
INDEX TO CONSTITUTION.
«. Mitcellaneotis :
Election of oflBcers of militia, Privilege of volunteers and militia
from arrest during attend ince at, etc 11 S
on question of adoption of amendments to Constitution 19 22 59
First general, after ratification of Constitution, when to be
held Sc 26 67
But for the two latter cases, see, further, Election under
Schedule, below.
5. Contested elections :
Elections, Contested, for Governor, Secretary of State, Treasurer of
State, Auditor of State, and Attorney General, to be deter-
mined by the members of both houses of the General Assem-
bly, in joint session ; who shall have exclusive jurisdiction in
trying and determining the same, except as thereafter in the
Constitution provided in the case of special elections [see,
below. Elections, Contested, for Governor, in case of special elec-
tion to fill vacancy] 6 4 17
for Governor, Secretary of State, Treasurer of State, Auditor of
State, and Attorney General [except in case of special elec-
tions to fill vacancy in office of Governor, for which see belo w ],
to be tried and determined at the first session of the General
Assembly after the election in which the contest shall have
arisen „ 6 4 17
for Governor, in case of special election to fill vacancy, to be
decided as may be provided by law 6 14 19
Each house of General Assembly to be sole judge of the qualifi-
cations, returns, and elections, of its own members i 11 11
for county, township, or municipal offices, In case of, an ap-
peal to lie, at the instance of the party aggrieved, from any
inferior board, council, or tribunal, to the Circuit Court, on
the same terms and conditions on Which appeals may be
granted to the Circuit Court in other cases — the case, on such
appeals, to be tried de novo 7 62 32
General Assembly to provide, by law, the mode of contesting
elections in cases not specifically provided for in Constitution.. 19 24 60
Election officers, when witnesses in proceedings in, or in judicial
proceedings, may be required to disclose how an elector shall
have voted 3 S 8
In trials of, and in proceedings for the investigation of elec-
tions, no person to be permitted to withhold testimony on
ground of self-crimination, or subjection to public infamy 3 9 8
Testimony given in, and in proceedings for the investigation of
elections, not to be used against witness, in any judicial pro-
ing, except for perjury in giving such testimony 3 9 8
Vote or ballot of qualified elector, being unlawfully refused, not
counted, or not returned, to be, nevertheless, counted upon
trial of. 3 11 9
Blkction under Schedule: '_
when to be held
Constitution to be submitted to people, for ratification, at
Officers to be chosen at
Publication of notice of.
Governor to issue proclamation enjoining preservation of good
order, etc., on day of.
State Board of Supervisors of.
County Boards of Election Supervisors of.
See below.
Copies of Constitution to be distributed by officers of.
Judges of election at
Election clerks at
State Board of Supervisors of Election to provide form of poll-
books for
County Boards to supply poll-books and ballot-boxes, at ex-
pense of county
Qualifications of voters at
Elector at, not to vote outside of township or ward of residence..
Conductor
Dram-shops and drinking-houses, to be closed on day of
Sale or gift of intoxicating liquors during day and night of, pro-
hibited
Hours cf holding
So
3
61
Sc
3
61
Se
3
61
Sc
i
61
Sc
6
62
Sc
7
62
Sc
8
6£
Sc
10
62
Sc
11
63
Sc
11
68
Sc
9
62
Sc
9
62
Sc
4,14
61,68
So
14
63
Sc
12, 14, 16
63.64
Sc
15
63
»c
15
SS
So
16
64
INDEX TO CONSTITUTION.
Elkction Under Schedule (continued. )
Registration of voters at ,
Judges to pass upon qualifications of voters at
Style of tickets
Deposit of tickets
Disposition of ballots, poll-books, and abstracts of votes
Counting of ballots ".
Returns of, to be forwarded t« County Beards of Election Su-
pervisors
Abstract of county returns, etc., to be forwarded, by County
Boards, to State Board of Supervisors
Abstra^ct of votes cast at, for State oflBcers, to be certified and
delivered to Speaker of House of Representatives
Result of vote at, for State officers, to be determined and an-
nounced by Speaker ef House of Representatives
OfBcers chosen at, to be commissioned by Governor
Officers of Executive Dspartment chosen at, when to enter upon
discharge of duties
Officers, other than of Executive Department of State, chosen
at, when to enter upon discharge of duties
ElectioB, atj of Senators and Representatives
Returns, and certificates, of election of Representatives and
Senators chosen at
List of members of General Assembly elected at, to be certified,
and laid before each house of General Assembly
Abstract'of votes at, to be filed in office of Secretary of State
'•' Ascertainment and publication of result of, upon question of
ratification of Constitution
Penalty of malfeasance of officers of
Penalty of bribery at
Appropriation ($5,000) to defray expenses of.
Election under Schedule, State Board of Supervisors of, constituted
Members
Oath of office
Quorum ^
Vacancies in
to give public notice of the election
to appoint County Boards of Election Suparvisors
to fill vacancies in County Boards of Election Supervisors
to furnish and forward to County Boards, copies of Constitution,
for distribution
to provide form of poll-books
Returns, etc,, of election, to be forwarded to
Duties of, after close of election
to ascertain, state, and publish, result of vote for and against
Constitution
* Publication by, of ratification of Constitution by the psople, to
fix date of Constitution taking effect
to certify expenses of the election
Election under Sehedtile, County Boards of Supervisors of. Appointment
of
Qualifications
Oath of office
Quorum
Vacancies
to give public notice, in their respective, counties, of the elec-
tion
to be furnished with copies of Constitution, for distribution
to appoint Judges of Election in their respective counties
to furnish Judges of Election with poll-books and ballot-boxes,
at expense of county
Returns of the election to be made to
Duties of, after close of election
to furnish certificates of election to Representatives chosen
Duty of, respecting returns and certificates of election of Sena-
tors
Election under Schedule, Judges of. Appointment of.
to be furnished with poll-books and ballot-boxes
Sec.
Page,
Sc
12
63
Sc
12
63
Sc
13
63
Sc
14
63
Sc
16
64
Sc
16
64
Sc
16
64
So
16
64
Sc
17
64
So
17
64
Sc
18
65
Sc
17
65
Sc
20
65
Sc
19
65
Sc
19
66
Sc
17
64
Sc
17
64
Sc
17
64
Sc
25
67
Sc
25
67
Se
27
67
Sc
7
62
Sc
7
62
Sc
7
62
Sc
7
62
Sc
7
62
Sc
5
61
Sc
8
62
Sc
8
62
Sc
10
62
Sc
9
62
Sc
16
64
Sc
17
64
Sc
17
64
Sc
17
64
Sc
27
67
Sc
8
62
Sc
8
62
Sc
8
62
Sc
8
62
So
8
62
Sc
5
61
So
10
62
Sc
11
63
Sc
9
62
Sc
16
64
Sc
16
64
Sc
19
65
Sc
19
65
Sc
11
63
Se
9
62
12
p. XXIU.
INDEX TO CONSTITUTION.
Elbction.Undke Schedule (continued.)
to be furnished with copies of Constitution, for distribution
Case of failure of, to act
to pass on qualifications of voters at the election
to number the ballots «
to deposit tickets in ballot-box
Duties of, after close of election ,
Penalty of malfeasance of.
Election under Schedule, Clerks of. Appointment of.
Qualifications
Oath of office
to register names of voters at
Penalty of malfeasance of. „
Election laws of the State, Willful and corrupt violation of, to constitute
felony, and disqualify for offices of trust or profit
Elective Franchise
Eligibility— tee Qualifications, and Disqualifications.
Emiezzlement of public money. Conviction of, after adoption of Constitu-
tion, disqualifies for seat in General Assembly, or office of
trust or profit
Eminent domain. State's right of, fully and expressly conceded
Exercise of right of, over property and franchises of incorpora-
ted companies
JBmployment (governmental) disqualifying holder for service as officer of
election
Mnployes [of the State], Extra compensation to, after the service shall
have been rendered, or contract made, prohibited, unless al-
lowed by bill passed by two-thirds of members elected to each
branch of General Assembly
General Assembly to fix salaries and fees of.
Salaries and fees of, not to be paid at other than par value
of departments of State, Number and salary of, to be fixed by
law
Emolwmertts, Hereditary, forever prohibited
Enacting clause of acts of General Assembly
Encroachments on rights of the people. Provision of safeguard against....
JS^emie* of the State, Adherence, aid, or comfort, to, to constitute trea-
son
Equality, Natural, of all men
of all persons, before the law, recognized, and ever to remain
inviolate
of privileges and immunities
of elections
of right to transportation, etc., on railroads, etc
Enumeration of inhabitants— See Census.
Equity, Jurisdiction of Circuit Courts in matters of.
Establishment of Courts of Chancery
Jurisdiction, etc., of Pulaski Chancery Court ^.•..
Mrrcn-, Supreme Court may issue writs of, in aid of its appellate and su-
pervisory jurisdiction
Establishment, religious, No preference ever to be given, by law, to any
Estate, forfeiture of. No conviction to work
Disseizure of, except by judgment of peers or law of the land,
prohibited
^<a^es of deceased persons. Courts of Probate to have exclusive original
jurisdiction, as maybe prescribed by law, in matters relative to
of persons of unsound mind. Courts of Probate to have exclu-
sive original jurisdiction, as may be prescribed by law, in
matters relative to
Evidence in criminal prosecutions for libel
requisite to conviction of treason
in trials of contested elections, and in proceedings for investiga-
tion of elections. Rules of, respecting secrecy of ballot, self-
crimination, etc
of publication of notice of intention to apply for local or spe-
cial bill, to be exhibited in General Assembly.before passage of
act
of atheists, not receivable in court
of parties in civil actions ,.
of executors, administrators, and guardians, in actions by or
against them
Se
11
So
12
Sc
14
Sc
u
Sc
16
Sc
25
Sc
11
Sc
11
Sc
n
Sc
12
Sc
25
3
6
3
17
9
50
S
10
8
5
27
14
16
4
46
16
4
46
16
4
46
2
19
5
5
19
13
2
29
7
2
14
4
2
9
2
2
i
2
2
18
5
3
2
7
17
1,3,5, 6, 10
48, 49 ,50
7
15
24
7
15
24
7
44
30
7
4
22
2
24
6
2
17
5
2
21
5
7
34
28
7
34
28
2
6
3
2
14
5
INDEX TO CONSTITUTION.
RT.
Sec.
Page.
7
40
29
5
33
15
7
22
26
6
4
17
17
3
49
9
37
6
7
18
11
4
40
6
16
4
1
9
5
30
15
6
1-
16
6
1
16
6
1
16
6
3
16
6
3
17
6
4
17
6
3
17
Examining courts. Jurisdiction of Justices of the Peace as
Excliange of obligations or liabilities of corporations, held or owned by
State, prohibited
Exchange of Circuit* by Judges of Circuit Courts
Exclusive jurisdiction (with exception stated) of tw© houses of Gen-
eral Assembly, in joint session, in Cases of contested elec-
tions for oflScere of Executive Department
For exclusive jurisdiction on the part of the several courts,
see under the proper headimgs.
Excursion tickets upon railroads
Execution for debt. Property exempt from
Execution of the Imvs, Governor to see to
Power of Governor to call out volunteers or militia for
Executive Department
Executive powers of the State Government confided to a sepa-
rate body of magistracy
Ordinary expenses of, to be provided for in general appropria-
tion bill
Officers of.
Officers of, to keep their offices, in person, at seat of government
Term of officers of. ."
Officers of, how chosen
Officers of, how chosen in case of tie
Contested elections for officers of.
Returns of elections f«r officers of.
Governor may require information, in writing, from officers of,
on subjects relating to duties of their offices 6 7 17
See, also, the headings immediately below, as well as under
head, of each officer of the Department.
Executive officer. Offer to, or acceptance by. of consideration, to influence
his official action, constitutes felony 5 35 16
Executive officers, Oa,th of o&ce of. 19 20 58
Executive offices. Officers of militia and of public schools, and Notaries ,
eligible to 19 26 60
Executive power. Supreme, vested in Chief Magistrate, styled Governor,
etc 6 2 16
Executive power-i of State government confided to separate body of magis-
tracy 4 19
Executive sessions of Senate 5 13 12
Executors, Courts of Probate to have exclusive original jurisdiction, as
may be prescribed by law, in matters relative to..- 7 34 28
Homesteads subject to seizure under judgments against, for
moneys collected by them 9 3 38
Competency of, as witnesses, in actions by or against Sc 2 61
Exemption:
1. From seinure for debt:
Exemption „ 9 . . 37
of property from seizure for debt 9 .. 37
cf personal property of residents of State, not married or heads
of families
of personal property of residents married, or heads of families. ..
of personal property. Exceptions to rule of
of homestead of residents, married or heads of families
ofhomesteadoutsideof city, town, or village. Extent of.
of homestead in city, town, or village. Extent of.
of homestead of widow
of homestead of minor children
of rolling stock and movable property of railroads, prohibited..
provisions of Constitution of 1868, in regard to, EflFect of
laws, in force at adoption of Constitution of 1868, to remain in
force with regard to contracts made before that time
2. JF^om taxation:
Exemption:
of property from taxation, other than as provided in Constitu-
tion, void
of capital invested in mining and manufacturing business in
this State, from taxation, for seven years after ratification
of Constitution— General Assembly may, by general law, pro-
vide for ;
9
1
37
9
2
37
9
1,3
37,38
9
3
38
9
4
38
9
5
38
9
6,10
38,39
9
6.10
38,39
17
11
50
9
9
39
cxxxii INDEX TO CONSTITUTION.
„ „ AiiT. Sec,
3. Prom duties of citizenship:
Exemption:
from burden or duty, no citizen to enjoy, on account of race,
color, or previous condition
from militia duty
Exhibitions, General Assembly may tax
Exile, under any circumstances, prohibited
Ex post facto I'livs prohibited
Expenditures from the treasury to be made in pursuance of specific ap-
propriation, by law, made in manner specified
of public money, Publication of.
Expenses, Ordinary, of State Government, to be provided for in general
appropriation bill
necessary, of government. Levy of State tax, and apropriations
of money, for defraying, constitute exceptions to rule requir-
ing rote of majority of two-thirds of botKhouses of General As-
sembly
Expulsion from the State, under any circumstances, prohibited
of member* of either house of General Assembly
of member of General Assembly, for criminal off"ence. Proceed-
ings for, not to bar indictment and punishment for same of-
fence 5 36
of member of General Asienably, for corruption, renders him
thereafter ineligible to either house 5 12
JKc/ewston of provisions of laws, not to be by reference to title only, but by
re-enactment, and publication, at length, of provisions ex-
tended 5 28
Extra compensation— see Compensation.
Extraordinary sessions oi QenntA. K^Mxahly 6 19
F.
2
3
2
11
1
40
16
5
47
2
21
6
2
17
5
5
19
29
12
15
57
5
30
15
5
31
15
2
21
6
h
n
11
J?fec« of officers in th« State, General Assembly to fix 16 4
not to be paid at other than par value 16 4
salaries, and perquisites, of State, county, city, and town officers.
not to exceed five thousand dollars net profit, per annum, in
par funds 19 23
State officers (Prosecuting Attorneys excepted) not to receive to
their own use
payable for any service performed by State officers (Prosecuting
Attorneys excepted) , to be paid in advance into the treasury
Judges of Supreme Court not to receive
Judges of Circuit Courts not to receive
Felony, at common law, Lawful conviction of, alone to work forfeiture
or impairment of right of suffrage
Case of, constitutes exception to elector's privilege of freedom
from arrest
Fraud, bribery, or other willful and corrupt violation of election
laws of the State to constitute
Case of, constitutes exception to Senatows' and Representatives'
privilege of freedom from arrest
Offer, to public officer, of coniideration, to influence his action,
or acceptance of same by officer, constitutes
Jurisdiction of Corporation Courts over
case of. Privilege of volunteers and militia from arrest, at mus-
ters, etc., not to extend to
Feme covert. Separate property of.
Scheduling of separate personal property of.
Ferries, County Courts to hare exclusive eriginal jurisdiction in all mat-
ters relating to
General Assembly may tax
Feudal tenures, of every description , with all their imcidents, prohibited
Mling of vetoed bills in offic« of Secretary of State, after adjournment...
Final passage of hills
Finance and taxation
Fines. Excessive, not to be imposed
Governor to have power to remit, in criminal and penal cases,
except in thosa of treason and impeachment
.Forcw, military and naval. Governor to b« Commander-in-Chief of (with
exceptions' stated)
19
11
56
19
11
57
10
24
18
25
2
7
4
8
6
8
15
12
35
16
43
30
11
3
40
7,8
39
8
33
28
27
16
5
47
28
7
15
19
16
22
13
46
2
9
4
6
18
20
INDEX TO CONSTITUTION.
Art, Sec. Page.
Forfeiture of estate, No conviction to work 2 17 5
of right to vote, Lawful conviction of felony, at common law,
only, to work 3 2 7
of charters, Condition of remission of 17 8 50
of residence, not caused by absence on business of descriptions
specified 19 7 56
Forfeitures, Governor to have power to remit, in criminal and penal
cases, except in those of treason and impeachment 6 18 20
Foreign corporatiom doing business in this State," Regulations concern-
ing 12 11 42
Foreigners— se^Q Aliens.
Forgery, Conviction of, after adoption of Constitution, disqualifies for
seat in General Assembly, or ofiice of trust or profit 5 9 11
Form of government, VriyWiize of free choice of. Pr ., 1
Franchise and Elections 3 . . 7
See Elections.
i^rancAw«, elective. Qualifications for exercise of. - 3 1 7
For exceptions to general rule of qualifications, see 3 5, 6, 7 8
Franchises of Corporations— see Art. XII, passim.
Franchises of parallel or competing lines of railroad or canal companies.
Consolidation, etc., of, prohibited 17 4 49
of incorporated companies. State may take, in exercise of right
of eminent domain 17 9 50
of foreign corporations doing busiaess in the State, ; Regula-
tions concerning 12 11 42
Fraud, Case of, constitutesrexception to prohibition of imprisonment for
debt 2 16 5
in elections, to constitute felony, and disqualify for oflBces of
trust or profit 3 6 8
Freepasses, grant of, by railroad or transportation companies to oflScers
of the State, General Assembly to prevent, by law 17 7 50
Free Schools— see Schools.
Freedom of the press and of speech
of elections 3 2 7
religious. Natural and indefeasible right of. 2 24 6
of conscience. Right of 2 24 6
of worship
of speech and debate, in session of General Assembly
But see, also. Liberty.
Freehold, Disseizure of, except by judgment of peers or law of the land,
prohibited 2 21 5
Fuel for use of State government to be furnished by lowest responsible
bidder below maximum price, under regulations to be pre-
scribed by law 19 15 57
for use of State government. Contracts for furnishing, to be sub-
ject to approval of Governor, Auditor, and Treasurer 19 15 57
for use ot State government. No member or of&cer of govern-
ment to be interested in contract for 19 15 57
Funds of State, for the benefit of schools or universities, not to be used
for other than their respective purposes 14 2 44
public, Publication of receipts and expenditures of 19 12 57
But see Auditor, Claims, Debt Public, Disbursements, Moneys,
Payment, School Fund, Treasurer, etc., etc.
Furnishing of rooms used for meetings of General Assembly and its com-
mittees, to bo performed under, contract, to be given to lowest
responsible bidder, below maximum price, under regulations
to be prescribed by law 19 15 57
2
6
3
2
2
24
2
24
2
24. 25
5
15
(1) INDEX TO CONSTITUTION.
G.
Art. Sec. Page.
Garland, Augustus H., a member of State Board of Supervisors of Elec-
tion under Schedule Sc 7 62
GENERAL ASSEMBLY.*
CONSTITUTION, ETC.. OF GENERAL ASSEMBLY:
1. General provisions:
The legislative powers of the government of the State, as dis-
tinguished from those executive and judicial, to be confided to
a separate body of magistracy 4 1 ii
Legislative power of the State vested in a General Assembly 5 1 10
No person, or collection of persons, being of one department of
the government, to exercise any power belonging to either of
the others, except in the instances in the Constitution, after
Art. IV, expressly directed or permitted 4 2 9
te consist of the Senate and House of Representatives 5 1 10
2. Senate:
Senate to consist of members to be chosen every four years, by
the qualified electors of the several districts 6 3 10
The Senators, at the first session of the Senate, to divide them-
selves into two classes by lot ; the first class to hold their places
for two years only ; after which, all to be elected for four
years 5 3 10
Senate never to consist of less than thirty, nor more than
thirty-five, members 8 2 37
Arrangement of Senatorial districts until the enumeration of
the inhabitants shall have been taken by U. S. Goyernment,
A. D. 1880 8 2 35
* A statement of the system of classification adopted under this head, may facilitate reference.
Under the principal title of *' General Assembly" have been grouped the general provisions of the
Organic Law respecting the constitution, organization, and methods of procedure, of the two houses, re-
spectively, and of the entire body legislative, the election, returns, qualifications, compensation, and
privileges, of members, etc.. etc. These are arranged, without attempt at very nice distinction (which the
nature of the matter in this instance renders impracticable, or, at least, unprofitable), under the sub-
heads, respectively, of " Constitution, etc., of General Assembly," *' Procedings," and " Miscellaneous."
The constitutional provisions prescribing the powers and duties of the Legislature, have been treated
under the three heads of "Dutiei Obligatory," "Powers Discretionary," and "Poweks Denied."
Each of these titles (so far as in the respective cases required) is subdivided as follows :
1. Provisions specifically affecting the Senate.
2. Provisions specifically afi'ecting the Housfc of Representatives.
3. Provisions equally aflFeeting each of the two houses, acting in its separate capacity.
4. Provisions affecting the two houses acting in joint session,
5. Provisions, affecting the entire General Assembly, acting in the exercise of its ordinary capacity of
legislation.
Each of the above-recited sub-divisions is again sub-divided (when required) as follows :
a. As regards matter of procedure.
b. As regards matters of legislation generally.
c. As regards matters special (this latter sub-head having reference, not to what is known as "special
legislation," but to the performance of certain specific duties prescribed, or powers conferred, in particu-
lar cases, by the Constitution.)
A fifth title sets forth the " Reports" to be made to the Legislature, so far as'im the Constitution pre-
scribed.
The provisions regulating the joint sessions of the two houses, those affecting the question of special leg-
islation, and those prescribing, for the adoption of certain specified propositions, the vote of a greater or
less number of members than a majority of the quorum present, are also collated, in their proper alpha-
betical places in the general index, under the respective heads of ^^ Joint sessions," "Special legislation,"
and " Votes."
So of "Bills," "Impeachments," "Journals," etc., and, indeed, of every separate topic referred to
under the general head above ; though these have for the most part been more briefly treated. The fullness
of the digest, therefore, under the head of " General Assembly," will by no possibility interfere with
readiness of reference upon any particular subject.
esS'A. Tablb of Contents of the index-matter contained under the entire head of General Assem-
bly, WITH REFERENCES TO THE PAGING OF THIS PORTION OF THE WORK, WILL BE FCTUND IN THE FOOT-N«TK AT
THE CLOSE OP THIS TITLE.
INDEX TO CONSTITUTION. (2)
Art. Sue. Pa«e.
General Assembly (continued.)
[For table showing apportionment of counties to Senatorial Dis- ■
tricti, as prescribed until othericise provided by Oeneral As-
sembly, see at close of Index. ]
State to be, from time to time, divided into convenient Senato-
rial districts, in such manner that the Senate shall be based
upon the adult male inhabitants of the State; each Senator
representing an equal number as near as practicable 8 2 35
Division of State into Senatorial districts to be made at the first
regular session after each enumeration of theinha,bitants of the
State, by Federal or State government, shall have been ascer-
tained, and at no other time 8 4 37
Senatorial districts, at all times, to consist of contiguous ter-
ritory 8 3 37
No county to be divided in the formation of Senatorial dis-
tricts 8 3 37
3. House of Representatives :
House of Representatives to consist of members to be chosen
every second year, by the qualified electors of the several coun-
ties 5 2 10
House of Representatives to consist of not less than seventy-
three, nor mora than one hundred, members 8 1 32
Apportionment of Representatives, until the enumeration of
the inhabitants shall have been taken by the U. S. Govern-
ment, A, D. 1880 8 1 33
Each eounty organized at time of adoption of Constitutional-
ways to be entitled to »ne Representative; the remainder
to be apportioned among the several counties according to
the number of adult male inhabitants, taking two thousand
as the ratio, until the number of Representatives amounts to
one hundred, when ihey shall not be further increased 8 1 32
Ratio of representation in the House of Representative! to be
from time to time increased, as in the Constitution provided;
but so that the Representatives shall never exceed the num-
ber of one hundred 8 1 32
Apportionment of Representatives to the several counties to be
made at the first regular session after each enumeration of
the inhabitants of the State, by the Federal or State govern-
ment, shall have been ascertained, and at no other time 8 4 «37
4. Vacancies :
Governor to issue writs of election, to fill such vacancies as shall
occur in either house 5 6 10
5. Preliminaries to organization :
Returns for members (except as otherwise provided by the Con-
stitution—!, e., in case of first election after adoption!of Con-
stitution, for which see Schedule, Sees. 16 and 17, p. 64) to be
made to Secretary of State „. 19 10 56
Each house to be sole judge of the qualifications, iretums, and
elections, of its own members 6 11 11
Term of all members to begin on the day of their election 5 16 12
Senators and Representatives, before entering on the duties of
their respective offices, to take, and subscribe to, oath, or af-
firmation, prescribed 19 20 58
Oath of office 19 20 58
6. Qualifications of members :
Citizenship and residence.— ^o person to be a Senator or Represent-
ative, who, at the time of his election, is not a citizen of
the U. S., nor any one who has not been for two years
next preceding his election a resident of this State, and for one
year next preceding his election, a resident of the county
or district whence he may be chosen 5 4 10
^£r«.— Senators to be at least twenty-five years of age, and Represen-
tatives at least twenty-one years of age 5 4 10
Disqualifications.— By reason of holding office.— 'So Judge of the Su-
preme, Circuit, or inferior courts, of law or equity. Secretary
of State, Attorney General for the State, Auditor or Treasurer,
Recorder, Clerk of any court of record, SheriflF, Coroner, Mem-
ber of Congress, nor any other person holding any lucrative
office under the United States or this State (militia officers.
Justices of the Peace, Postmasters, officers of public schools,
and Noteries, excepted) , to be eligible to a seat in either house.. 5 7 11
(3) INDEX TO CONSTITUTION.
General Asskmblt (continued.)
Treasurer of State, Secretary of State, Auditor of State, and
Attorney General, to hold no other office or commission, civil
or military, in this State, etc., at one and the same time
Supreme Judges to hold no other office, nor hold any office of
trust or profit under the State, etc
Judges of Circuit Courts to hold no other office of trust or profit
under this State, etc
By reason of violation of election laws. — Any person convicted of
fraud, bribery, or other willful and corrupt violation of any
election law of this State, to be adjudged guilty of a felony,
and disqualified from holding any office of trust or profit in
this State
By reason of service as officer of the election.— ^o election officer to be
eligible to any civil office to be filled at an election at which
he shall serve (save to certain subordinate municipal or local
offices)
By reasoit of failure to account for public moneys entrusted,— 'So person
who at date of adoption of the Constitution was, or thereafter
may be, a collector or holder of public money, nor any assist-
ant or deputy of such holder or collector of public money, to
be eligible to a seat in either house, nor to any other office of
trust or profit, until he shall have accounted for, and paid
over, all sums for which he may have been liable to a seat in
either house
By reason of conviction of crime,— No person convicted, after adop-
tion of the Constitution, of embezzlement of public money,
bribery, forgery, or other infamous crime, to be eligi-
ble to
By reason of previous expulsion for corruption.— A member expelled
for corruption, not, thereafter, to be eligible to either house...
By reason of conviction upon impeachmtnt. — Judgment in cases of
impeachment, may include disqualification to hold any office
of honor, trust, or profit, under this State
By reason of misuse of public moneys,— The making of profit out of
public moneys, or using the same for any purpose not author-
ized by law, by any officer of the State, or member or officer of
the General Assembly, to be punishable as may be provided by
law ; but part of such punishment to be, disqualification to
hold office in this State, for a period of five years
By reason of atheism.— "No person who denies the being of a God, to
hold any office in the civil departments of this State
By reason of participation in a duel. — No person who, after the date
of adoption of the Constitution, may fight a duel, assist in
the same as second, or send, accept, or knowingly carry, a
challenge therefor, to hold any office in the State, for a period
of ten years, etc
By reason of non- Qualification as elector.— "Ro person to be elected to,
or appointed to fill a vacancy in, any office, who does not pes-
sess the qualifications of an elector
7. Compensation of members:
Per diem pay, and mileage, of members, for their services, to be
such as shall be fixed by law
Pay and mileage of members, for two years from the adoption
of the Constitution, and until otherwise provided by law,
to be the sum of six dollars per day, and twenty cents per
mile for each mile travelled in going to and returning from
the seat of government, over the most direct and practicable
route
No increase of salaries of members to be provided for, which
shall take effect before the meeting of the next General As-
sembly
No increase of pay to be received for his services, by any mem-
ber of either house, during the term for which he has been
elected, under any law passed during such term
PROCEEDINGS :
1, Sessions:
a. Regular:
to meet at the seat of government, every two years, on the first
Tuesday after the second Monday in November, until said
time be altered by law
Sbc.
INDEX TO CONSTITUTION. (4)
Art. Sec. Pagk.
Gexkral Assembly (continued.)
Duration of regular biennial sessions not to exceed sixty days,
unless hy vote of two-thirds of the members elected to each
house; except at the first session under this Constitution, or
when impeachments are pending 5 17 12
b. Extraordinary:
Governor may, by proclamation, on extraordinary occasions,
convene the .General Assembly, at the seat of government, or
at a different place, if that shall have become, since their last
adjournment, dangerous, from an enemy or contagious di-
sease 6 19 20
Governor to specify, in his proclamations calling extraordinary
sessions, the purpose for which the General Assembly is con-
vened 6 19 21
At extraordinary sessions, no business other than that set forth
in the proclamation of the Governor to be transacted, until
such business shall have been disposed of. 6 19 21
at extraordinary sessions, after disposition of the business set
forth in the proclamation of the Governor, may, by a vote of
two-thirds of all the members elected to both houses, entered
upon their journals, remain in session not exxjeeding fifteen
days 6 19 21
2. Publicity of proceedings:
Sessions of each house,! and of committees of the whole, to be
open, unless when the business is such as ought to be kept
secret 5 13 12
(By implication) each house may withhold from publication
such parts of its journal as reauire secrecy 5 12 12
3. Quorum, etc.:
Majority of all the members elected to each house, to constitute
a quorum to do business 5 11 11
Smaller number than a quorum, of either house, may adjourn
from day to day 5 11 11
S nailer number than a quorum, of either house, may compel
the attendance of absent members, in such manner and under
such penalties as such house shall provide 5 11 11
4. Presiding officers:
Each house, at the beginning of every regular session, and
whenever a vacancy may occur, to elect from its members a
presiding oflBcer 5 18 13
Presiding sflBcer of the Senate to be styled President of the Sen-
ate 5 18 13
Presiding oflBcer of the House of Representatives to be styled
Speaker of the House of Representatives 5 18 13
Whenever, at the close of any session, it may appear that the
term of the member elected President of the Senate will ex-
pire before the next regular session, the Senate to elect another
President, from those members whose terms of oflBce continue
over 5 18 13
President of the Senate to qualify upon election, and remain in
oflSce as such until his successor may be elected and qualified.. 5 18 13
[For functions to be exercised by President of Senate and
Speaker of House of Representatives, in case of vacancy
in oflBce of Governor, see under sub-head of '* Miscella-
neous," below.]
5. Journals:
Each house to keep a journal of its proceedings 5 12 12
Each house, from time to time, to publish its journal, except
such parts as require secrecy 5 12 12
6. Special powers of each house ;
Each house has power :
to appoint its own ofiicers 5 11 U
to be sole judge of the qualifications, returns, and^elections, of
its own members
to determine the rules of its proceedings
to punish its members, or other persons, for contempt or disor-
derly behavior in its presence
(punishment for contempt, or disorderly behavior, not to bar an
indictment for the same oflfence)
to enforce obedience to its process
13
5
11
11
5
12
11
5
12
11
5
12
12
5
12
11
(5) . INDEX TO CONSTITUTION.
Art. Sec, Page.
Gbnbral Assembly (continued.)
to protect its members against violence, or oflFers of bribes, or
private solicitations 5 12 11
with the concurrence of two-thirds, to expel a member (but not
a second time for the same cause) 5 12 11
7. Yeas and nays;
Yeas and nays, on any question, at the desire of five members,
to be entered on the journals 5 12 12
See, however, for collation of all provisions requiring the
call of the yeas and nays. Yeas and Nays, in the General
Index.
8. Adjournments :
Neither house, without the consent of the other, to adjourn for
more than three days 5 28 15
Neither house, without the consent of the other, to adjourn to
any other place than that in which the two houses shall be sit-
ting 5 28 15
In case of disagreement between the two houses, at a regular
or special session, with respect to the time of adjournment,
the Governor may, if the facts be certified to him by the pre-
siding oflScers of the two houses, adjeurn them to a time not
beyond the day of their next meeting; and on account of dan-
ger from an enemy or disease, to such other place of safety
as he may think proper 9 20 21
9. General Legislation :
a. Bills generally:
No law to be passed except by bill 5 21 13
Style of the laws of the State of Arkansas to be : "Be it enact-
ed by the General Assembly of the State of Arkansas." 5 19 13
No bill to be so altered or amended, on its passage through
either house, as to change its original purpose 5 21 13
Every bill to be read at length, on three different days, in each
house, unless the rules be suspended by two-thirds of the
house, when the same may be read a second or third time on
the same day 5 22 13
No bill to become a law, unless, on its final passage, the vote
betaken by yeas and nays, the names of the persons voting for
and against the same entered on the journal, and a majority
of each house recorded, thereon, as voting in its favor 5 22 13
No law to be revived, amended, or the provisions thereof ex-
tended or conferred, by reference to its title only; but so much
thereof as is revived, amended, extended, or conferred, to be
re-enacted and published at length 5 23 14
No new bill to be introduced into either house during the last
three days of the session 5 34 16
b. Appropriation bills, etc.:
Appropriations to be specific, their purpose to be distinctly stated
in the bill, and the maximum amount which may be drawn to
be specified in dollars and cents 5 29 15
Appropriation not to be for longer period than two years 5 29 15
General appropriation bill to embrace^ nothing but appropria-
tions for the ordinary expense of the executive, legislative, and
judicial departments of the State..: 5 30 15
All appropriations, except for ordinary expenses of the execu-
tive, legislative, and judicial departments of the State, to be
made by separate bills, each embracing but one subject 5 30 16
Bills levying State taxes or making appropriations of money,
except to raise moans for payment of the just debts of the
State, for defraying the necessary expenses of government, to
sustain common schools, to repel invasion, and suppress insur-
rection, must be passed by a majority of two-thirds of both r
houses 5 31 15
c. Bills allowing claims :
Bills allowing compensation, to any oflScer, agent, employe, or
contractor, after the service shall have been rendered, or the
contract made, must be passed by two-thirds of the members
elected to each branch 5 27 14
Bills allowing any claim, the subject-matter of which shall not
have been provided for by pre-existing laws, must be passed by
two-thirds of the members elected to each branch of the Gen-
eral Assembly 5 27 14
INDEX TO CONSTITUTION. (6)
Art. Skc. Page.
General Assembly (continued.)
d. Bills local and special :
No local or special bill to be passed unless notice of the inten-
tion to apply therefor shall have been published in the locality
where the matter or the thing to be aflFeeted may bo situated ;
such notice to bo, at least, thirty days prior to the introduc-
tion, into the General Assembly, of such bill, and.in the man-
ner to be provided by law ; the evidence of such notice having
boon published, to be exhibited in the General Assembly,
before such act shall be passed 5 " 26 U
For full digest of provisions upon the subject, see SptcicU
Legislation, in the General Index.
e. Vetoes:
Bills which shall have passed both houses, to be7presented to
Governor, for approval 6 15 19
Bill, upon disapproval by Governor, to be returned, by him,
with his objections, to the house in which it originated 6 15 19
On return of bill, with Governor's objections, the house to
which returned to enter the objections at large upon the jour-
nal, and to proceed to re«onsider the bill 6 15 19
If, after reconsideration of bill returned by Governor, disap-
proved, a majority of the whole number of members elected to
the house to which it shall have been returned, shall ajree .to
pass the bill, the bill to be sent, with the objections, to the
other house, by which, likewise, it shall be reconsidered 6 15
If bill returned by Governor, with his objections, shall be ap-
proved by a majority of the whole number of members elected
to each house, the bill to be a law 6 15 19
In case of return of bill, by Governor, with his objections, the
votes of both houses to bo determined by yeas and nays, and
the names of the members voting for or against the bill, to be
entered on the journals _ 6 15 19
Bills not returned by the Governor, within five days, Sundays
excepted, after they shall have been presented to him, to be
law, in like manner as if he had signed them, unless the Gen-
eral Assembly, by adjournment, prevent their return 6 15 19
In case the General Assembly, by adjournment, prevent
the return of a bill, the bill to become a law, unless the Gov-
ernor file the same, with his objections, in the ofiBce of the
Secretary of State, and give notice thereof, by public procla-
mation, within twenty days after such adjournment 6 15 19
Governor to have power to disapprove any item, or items, of any
bill making appropriations of money, embracing distinct
items 6 17 20
The part or parts of bills making appropriations of money, ap-
proved by the Governor, to be the law; and the item or items
of appropriations, disapproved, to be void, unless repassed
according to the rules and limitations prescribed for the pas-
sage of other bills over the executive veto 6 17 20
Orders or resolutions in which the concurrence of both houses
may be necessary, except on questions of adjournment, to be
presented to the Governor for approval 6 16 20
Orders or resolutions in which the concurrence of both houses
may be necessary, being disapproved by the Governor, to be
repassed by both houses, according to the rules and limitations
prescribed in the case of a bill 6 16 20
10. Elections in General Assembly :
Elections in, to be viva voce S, 5 12, 14 9,12
Whenever an oflScer, civil or military, shall be appointed by the
joint or concurrent vote of both houses, or by the separate vote
of either house, the vote to be taken viva voce, and entered
on the journals 5 14 12
11. Special proceedings :
Procedure in matter of amendments to Constitution 19 22 59
Procedure in cases of impeachment 15 2 45
Governor, upon the joint address of two-thirds of the members
elected to each house, for good cause, may remove the Auditor,
Treasurer, Secretary of State, Attorney General, Judges of the
Supreme and Circuit Courts, Chancellors, and Prosecuting
Attorneys 15 3 45
(7) INDEX TO CONSTITUTION.
Art. Sec. Pa6e.
General Assembly (continued.)
In cases of treason, the Governor to have power, by and with
the advice and consent of the Senate, to grant reprieves and
pardons, and, in the recess of the Senate, to respite the sen-
tence until the adjournment of the next regular session .of the
General Assembly 6 18 20
Advice and consent of Senate requisite to appointment of State
Geologist 10 2 40
12. Determination op result of elections for executive officers
OF State ;
Returns of election for Governor, Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General, respec-
tively, to be sealed up separately and transmitted to the seat of
government, by the returning officers, and directed . to the
Speaker of the House of Representatives 6 S 17
Speaker of the House of Representatives, during the first week of
the session, to open and publish, in the presence of both
houses, the votes cast and given for Governor, Secretary of
State, Treasurer of State, Auditor of State, and Attorney-
General, respectively 6 3 17
Upon the publication of the votes for Governor, Secretary,
Treasurer, Auditor, and Attorney-General, respectively, the
person having the highest number of votes for each of the res-
pective offices, to be declared duly elected thereto 6 3 17
If two or more persons shall be equal and highest in votes for
office of Governor, Secretary. Treasurer, Auditor, or Attorney-
General, respectively, one of them to be chosen by the joint
vote of both houses, and a majority of all the members elected
to be necessary) to a choice 6 3 17
Contested elections for Governor, Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General, to be deter-
mined by the members of both houses in joint session; who
shall have exclusive jurisdiction in trying and determining
the same, except as thereafter in the Constitution provided in
the case of special elections [being the case of special elections
to fill vacancies in the office of Governor— See Art. VI, Sec. 14,
p. 18] 6 4 17
Contested elections for Governor. Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General, to be deter-
mined at the first session of the General Assembly after the
election in which the same shall have arisen 6 4 17
MISCELLANEOUS:
1. Provisions respecting members :
a. Privilege:
Members, in all cases except treason, felony, and breach, or
surety, of the peace, to be privileged from arrest during their
attendance at the sessions of their respective houses, and in
going to and returning from the same 5 15 12
Members not to be questioned in any other place for any
speech or debate in either house 5 15 ^2
b. Corruption, and other eriminal conduct:
Any person who shall directly or indirectly ofifer,give, or promise,
any money, or thing of value, testimonial, privilege, or per-
sonal advantage, to any member, to influence his action in the
performance or non-performance of his public or official duty,
to be guilty of a felony, and to be punished accordingly ,. 5 35 16
Any member who shall receive, or consent to receive, any money,
or thing of value, testimonial, privilege, or personal advan-
tage, either directly or indirectly, to influence his action in
the performance or non-performance of his public or official
duties, to be guilty of a felony, and to be punished accord-
ingly 5 35 1«
Member expelled for corruption, not, thereafter, to be eligible
to either house 5 ]2 12
Proceedings to expel a member for a criminal offence, whether
successful or not, not to bar an indictment, under the crim-
inal laws, for the same offence 5 36 16
Members or officers, making profit out of public moneys, or
using the same for any purpose not authorized by law, to be
punished as may be provided by law ; part of such?puni8hment
INDEX TO CONSTITUTION. (8)
Akt. Sec. Page.
Genkrai, Assembly (continued.)
to be, disqualification to hold oflBce in this State for a period of
five years 16 3 46
c. Ineligibility to other offices :
No Senator or Representative, during the term for which he
shall have been elected, to be appointed or elected to any civil
oflSce under this State 5 10 11
d. Special prohibitions :
Grant of free passes, by any railroad or transportation company,
to legislative officers, to be prevented by law 17 7 50
No member to be interested in any contract for stationery,
printing, paper, fuel, for the use of the General Assembly, or
other departments of government, the printing, binding, or
distributing, of the laws, journals, or department reports, or
any other printing and binding, or the repairing and furnish-
ing the halls and rooms used for the meetings of the General
Assembly 19 15 57
2. Provisions respecting officers, other than presiding :
Each House to appoint its own officers 5 11 11
The making of profit out of public moneys, or using the same
for any purpose not authorized by law, by any officer of the
General Assembly, etc., to be punishable as may be provided
by law ; but part of such punishment to be, disqualification
to hold office in this State for a period of five years 16 3 46
See, also, in General Index, head of ''Officers, " under sub-
head of General provisions applicable to all public officers.
3. Messages and communications :
Governor's messages [see sub-head of Reports, below] 6 8 18
Governor's communications of pardons, etc., granted [see
sub-head of Reports, below] 6 18 20
Secretary of State, when required, to lay records, etc., of offi-
cial acts of Governor, before General Assembly [but see
sub-head of Reports, below] 6 21 21
4. Printing, and other expenses ;
Contracts for stationery, printing, paper, fuel, for the use of, to
be furnished, and the printing, binding, and distributing, of
the laws, journals, department reports, and all other printing
and binding, and the repairing and furnishing the halls and
rooms used for the meetings of the General Assembly and its
committees, to be performed under contract, to be given to the
lowest responsible bidder, below such maximum price and
under such regulations as shall be prescribed by law 19 15 57
No member to be in any way interested in contricts described in
the above entry 19 15 58
5. Succession of presiding offickhs to officb of Governor, in case of
VACANCY :
In case of a vacancy in the office of Governor, President of the
Senate to perform the duties and exercise the powers of Gov-
ernor 5 18 13
In case of the death, conviction on impeachment, failure to
qualify, resignation, absence from the State, or other disa-
bility, of the Governor, the powers, duties, and emoluments,
of the office, for the remainder of the term, or until the dis-
ability be removed, or a Governor elected, to devolve upon
and accrue to the President of the Senate 6 12 18
In case of impeachment, removal, refusal to qualify, resigna-
tion, death, or absence from the State, of President of the
Senate, during vacancy in the office of Governor, Speaker of
the House of Representatives to administer the government in
like manner as provided for President of the Senate 6 13 18
In case of vacancy in office of Governor, not happening within
twelve months next before expiration of term of office for
which the late Governor shall have been elected. President of
Senate, or Speaker of House of Representatives, exercising
thepowersof Governor for the time being, to cause an election
to be held, to fill the vacancy 6 14 18
6. First session after adoption of Constitution :
First election of Senators and Representatives to' the General
Assembly, after adoption of Constitution Sc 3,16,17,19 61,64,65
Returns and certificates of first election for Senators and
Representatives, after adoption of Constitution Sc 16,17,19 64, 65
(9) INDEX TO CONSTITUTION.
Sbc.
General Assembly (continued.)
State Board of Supervisors of Election under Schedule, to make
out, certify, and deliver to the Speaker of the House of Rep-
resentatives, an abstract of all votes cast, at the election, for
any and all persons, for the office of Governor, Secretary of
State, Treasurer of State, Auditor of State, Attorney General,
and Commissioner of State Lands So 17 65
Speaker to cast up the votes and announce the names of the
persons elected, at election under Schedule, for offices named
in the above entjy Sc 17 65
First session under this Constitution, to commence on the
first Tuesday after the second Monday in 1874 Sc 22 66
DUTIES OBLIGATORY.*
1. General Provisions :
[ For obligations binding on the Government, to protect the
fundamental rights andiprivileges of the citizen, see Art. II
of the Constitution, (Declaration of Rights) passim.]
2. Duties OBLIGATORY UPON THE Senate, only.
a. In matter of procedure :
Senate, whenever, at the close of any session, it may appear
that the term of the member elected President of the Senate
will expire before the next regular session, to elect another
President from those members whose terms of office con-
tinue over 5 18 13
b. In matters special:
The Senators, at the first session of the Senate, to divide them-
selves into two classes, by lot— the first class to hold their
places for two years only ; after which, all to be elected for
four years 5 3 10
All impeachments to be tried by the Senate 15 2 45
In trials of impeachments, if the Chief Justice be impeached, or
otherwise disqualified, the Senate to select a presiding officer.. 15 2 45
(Procedure in trials of impeachment) 15 2 45
3. Upon each house, acting in its separate capacity :
a. In matter of procedure :
Each house :
to appoint its own officers 5 11 U
to act as sole judge of the qualifications, returns, and elections,
of its own members 5 11 11
to keep a journal of its proceedings 5 12 12
to cause to be entered on the journals of its proceedings, at the
desire of any five members, the yeas and nays on any ques-
tion 5 12 12
to hold its sessions, and those of its committees of the whole,
open, unless when the business is such as ought to be kept
secret 5 13 12
to elect from its members, at the beginning of every regular
session, and whenever a vacancy may occur, a presiding
officer 5 18 13
to cause every bill to be read, at length, on three different
days, unless the rules be suspended by two-thirds of the
house, when the same may be read a second or third time on
the same day 5 22 33
to cause the vote on the final passage of every bill to be taken
by yeas and nays 5 22 13
to cause the names of the persons voting for and against every
bill, on its final passage, to bo entered on its journal 5 22 13
For convenience of reference, the duties obligatory upon
the two houses in the matter of submission of bills, etc.,
to the Governor, for his approval, and of reconsideration
of such bills, etc., in case of his disapproval, are collated
* In making the division between " duties obligatory " and "powers discretionary," the word "may,"
— except in one or two instances where the context renders it beyond question that the provision is man-
datory in its nature,— has, for the purposes of this digest, been treated as conveying a discretionary
power, only. The decision of its import in each case, rests, of course, with the Legislature and the
courts.
INDEX TO CONSTITUTION. (10)
Art. Skc. Page.
General Assembly— Dwties Obligatory (continued.)
under sub-head 4 (*' Upon the Oeneral Assembly, acting,"
etc.), below.
Whenever an officer, civil or military, shall be appointed by the
joint or concurrent vote of both houses, tho vote to be taken
viva voce, and entered on the journals 5 14 12
See, also 3 12 9
b. In matters special :
to publish, from time -to time, the journal of its proceed-
ings 5 12 12
to enter upon its journals, with the yeas and nays, proposed
amendments to the Constitution, which may have been agreed
to by a majority of all the members elected to each house 19 22 59
4. Upon the two houses, acting in joint session :
Whenever an officer, civil or military, shall be appointed by the
joint or concurrent vote of both houses, or by the separate
vote of either house, the vote to be taken viva vooe, and en-
tered on the journals 5 14 12
See, also .'. 3 12 9
Speaker of the House of Representatives, during the first week
of the session, to open and publish, in the presence of both
houses, the votes cast and given for Governor, Secretary of
State, Treasurer of State, Auditor of State, and Attorney-
General, respectively 6 3 17
Upon the publication of the votes for Governor, Secretary,
Treasurer, Auditor, and Attorney-General, respectively, the
person havinj the highest number of votes for each of the
respective offices, to be declared duly elected thereto 6 2 17
If two or more persons shall be equal and highest in votes for
office of Governor, Secretary, Treasurer, Auditor, or Attor-
ney-General, respectively, one of them to be chosen by the
joint vote of both houses, and a majority of all the members
elected to be necessary to a choice 6 3 17
Contested elections for Governor, Secretary of State, Treas-
urer of State, Auditor of State, and Attorney-General, to bo
determined by themembers of both houses in joint session; who
shall have exclusive jurisdiction in trying and determining
the same, except as thereafter in the Constitution provided in
the case of special elections [ being the ca^e of special elec-
tions to fill vacancies in the office of Governor— See Art. VI,
Sec, 14. p. 18] 6 4 17
Contested elections for Governor, Secretary of State, Treas-
urer of State, Auditor of State, and Attorney-General, to bo
determined at the first session of the General Assembly after
the election in which the same shall have arisen 6 4 17
5. Upon the General Assembly, acting in the exercise op its ordina-
ry CAPACITY of legislation :
a. In matter of procedure :
First session, under this Constitution, to commence on tho
first Tuesday after the second Monday in November, 1874 Sc 22 66
to meet at the seat of government, every two years, on the first
Tuesday after the second Monday in November, until said
time be altered by law 5 5 10
In reviving, amending, or extending or conferring, the pro-
visions of any law, to re-enact, and publish at length, so
much thereof as is revived, amended, extended, or con-
ferred 5 23 14
to cause to be presented to the Governor, for his approval,
every bill which shall have passed both houses 6 15 19
House to which the Governor shall return a bill, with his objec-
tions (this being, in all cases, the house in which "the bill
originated) , to enter the objections at large upon their journal,
and proceed to reconsider the bill 6 15 19
If, after reconsideration of a bill returned, by the Governor,
with his objections, a majority of the number elected to that
house shall agree to pass the bill, the bill to be sent, with tho
objections, to the other house 6 15 19
House to which a bill, returned, by the Governor, shall, after
reconsideration and approval by the house in which it origi-
nated, be transmitted, together with'''the Governor's 'objec-
tions, to proceed to reconsider th« same ". 6 15 19
(11) INDEX TO CONSTITUTION.
Art. Sec. Paoi
Gkkbral Assembly— J9u«te« Obligatory (continued.)
In reconsideration of bills, etc, returned, by the Governor,
disapproved, the votes of both' houses to be determined by
yeas and nays, and the names of members voting for or
against the bill, to be entered on the journals 6 1
to cause to be presented to the Governor, for his approval,
every order or resolution in which the concurrence of both
houses may be necessary, except on questions of adjourn-
ment g J,
Joint or concurrent orders and resolutions, being disapproved
by the Governor, to be repassed by both houses [if repassed],
according to the rules and limitations prescribed in the case of
a bill...-. 5 J,
Item or items, disapproved by the Governor, of bills making
appropriations of money, embracing distinct items, to be re-
passed [if repassed] according to the rules and limitations
prescribed for the passage of other bills over the executive
veto g Y
b. In matters of legislation generally :
(Actions, Civil:)
to prescribe for whose benefit actions for damages to be recov-
ered for injuries resulting in death, shall be prosecuted 5 gj
to provide, at next session after adoption of Constitution, manner
in which all suits and proceedings relating to sixteenth section
lands, or to money due for such lands, shall be transferred to
the respective counties where such lands are located 7 44
{Apportionment :)
After the enumeration of the inhabitants shall be taken by the
U. S. Government, A. D, 1880, the ratio of representation in
the House of Representatives to be increased, as in the Consti-
tution, after Art. VIII, Sec. 1, provided [see second entry be-
low], so that the Representatives shall never exceed the num-
ber of one hundred (the House, however, never to consist of
less than seventy-three members, and each county organized
at date of adoption of Constitution to be always entitled to
one Representative, the remainder to be apportioned among
the several counties according to the number of adult male
inhabitants) g 2
After the U. S. census of 1880, to divide the State, from time to
time, into convenient Senatorial districts, in such manner
that the Senate shall be based upon the adult male inhabi-
tants of the State; each Senator representing an equal num-
ber as near as practicable g 2
At the first regular session after each enumeration of the inhabi-
tants of the State, by the Federal or State government, shall
have been ascertained (and at no other time) , to make the di-
vision of the State into Senatorial districts, and apportion-
ment of the Representatives to the several counties 8 • 4
(Compensation of public officers:)
to ascertain, by law, the compensation of Supreme Judges, for
their services 7 jq
to ascertain , by law, the compensation of Judges of Circuit
Courts, for their services 7 jg
to fix the salaries and fees of all oflScers of the State 16 4
to fix, bylaw, the number and salaries of clerks and employes
of the different departments of the State 16 4
to regulate, by law, in what cases, and what, deductions from
the salaries of public officers, shall be made for neglect of
duty in their official capacity I9 g
to establish the salary of Governor, Secretary of State.^Audi-
tor. Treasurer, Attorney General, Judges of the Supreme
Court, Judges of the Circuit Court, Commissioner of State
Lands^, and Prosecuting Attorneys ; not to be increased
or diminished during their respective terms, and never to
exceed the sums, per annum, respectively, fixed by Art.
XIX. Sec. 11 (p. 57) 19 jj
to direct, by appropriate legislation, the manner in which all
salary, fees, and perquisites, of officers of the State, and of
counties, cities, and towns, in excess of five thousand dol-
lars, net profit, per annum, in par funds, shall be paid,into
the State, county, city, or town treasury 19 23
INDEX TO CONSTITUTION. (12)
Art, Sec. Page.
General Assembly— 2>Mtte8 Obligatory, (continued.)
{OorporatioTia :)
to restrict the powers of cities and incorporated towns, in the
matter of taxation, assessment, borrowing money, and con-
tracting debts, so as to prevent the abuse of such power 12 3 41
to pass laws to correct abuses and prevent unjust discrimina-
tion and excessive charges, by railroad, canal, and turnpike
companies, for transporting freight and passengers, and to
provide for enforcing such laws by adequate penalties and for-
feitures 17 10 50
to, pass laws'enforcing, by suitable penalties, the provisions of
Sec. 13 of Art. XVII (providing that the directors of every
railroad corporation shall annually make a report, as pre-
scribed by law, under oath, to the; Auditor of Public Ac-
counts, of all their acts and doings) 17 13 50
to provide, by general laws, for the organization of cities (which
may be classified) and incorporated towns, and to restrict
their powers of taxation, assessment, borrowing money, and '
contracting debts, solas to prevent the abuse of such power*... 12 3 41
(Finance and Taxation:)
tolprescribe, by law, the manner .in which county taxes shall
be !levied, and appropriations for county expenses made, by
the Quorum of the County 17 30 27
to provide, by general laws, for the organization of cities (which
may be classified) and incorporated towns, and to restrict
their powers of taxation, assessment, borrowing money, and
contracting debts, so as to prevent the abuse of such power*... 12 3 40
to restrict the powers of cities and incorporated towns, in the
matter of taxation, assessment, borrowing money, and con-
tracting debts, so as to prevent the abuse of such power 12 3 40
to prescribe manner of publication, from time to time, of an
accurate and detailed statement of the receipts and expendi-
tures of the public money, the several amounts paid, to
whom, and on what account 19 12 57
to provide, by general laws, for the support of common schools,
by taxes, which shall never exceed in any one year two mills
on the dollar on the taxable property of the State, and by an
annual per capita tax of one dollar, to be assessed on every
male inhabitant of the State over the ate of twenty-one years 14 3 44
to provide, from time to time, for the payment of all just and
legal debts of the State 16 2 46
(by implication) to provide for the taxation, according to its
value, of all property subject to taxation 16 5 46
to direct the manner in which the taxable property of the
Statelshall belascertained, making such valuation equal and
uniform throughout the: State 16 5 46
Every law imposing a tax to state distinctly the object of the
same 16 11 4T
{Penal enactments :)
Part of the punishment to be provided for any oflScer of the
State, or member or officer of the General Assembly, making
profit outlof public moneys, or using the same for any ptirpose
notiauthorized bylaw, to be, disqualification to hold office in
this State for a period of five years 16 3 4%
to pass laws to correct abuses and prevent unjust discrimina-
tion and excessive charges, by railroad, canal, and turnpike
companies, for transporting freight and passengers, and to
provide forjenforcing such. lawsibyjadequate penalties and for-
feitures 17 10 50
to pass laws enforcing, by suitable penalties, the provisions of
Sec. 13 of Art. XVII (providing that the directors of every
railroad corporation shall annually make a report, as pre-
scribed by law, under^oath, to the Auditor of P ublic Accounts, •
of all their acts and doings) 17 13 51
* For constitutional restrictions of powers of municipal corporations, gee Art. XII, Sees. 4,5, and 9,
pp. 41, 42.
14
(13) INDEX TO CONSTITUTION.
Art. Sko.
Gbneeal Assembly— Dwh"e« Obligatory (continued.)
by suitable enactments, to require such appliances and means
to be provided and used, as may be necessary to secure, as
far as possible, the lives, health, and Safety, of persons em-
ployed in mining, and of persons travelling upon railroads
and by other public conveyances, and to provide for enforcing
such enactments by adequate pains and penalties 19 18
iSchooU.)
The State ever to maintain a general, suitable, and.efBoient
system of free schools, whereby all persons in the State, be-
tween the ages of six and twenty-one years, may receive gra-
tuitous instruction li 1
to provide, by general laws, for the support of common schools,
by taxes, which shall never exceed, in any one year, two mills
on the dollar on the taxable property of the State, and by an
annual per capita tax of one dollar, to be assessed on every
male inhabitant of the State, over the age of twenty-one
years 14 3
, to provide for officers in whom shall be vested the supervision
of public schools, and to whom shall be confided the execution
ofthe laws regulating the same* 14 4
(Miscellaneous ;)
to enact suitable laws to protect every religious denomination
in the peaceable enjoyment of its own mode of public wor-
ship 2 25
(by intendment) to provide the manner in which notice of in-
tention to apply for local and special bills shall be published,
in the locality where the matter or thing to bo affected may be
situated
to regulate.by law, the manner of compelling attendance of Quo-
rum of the County
to provide the time and mode of scheduling the separate
personal property of married women
to pass such laws as will foster and aid the agricultural, mining,
and manufacturing interests of the State
to prevent, by law, the granting of free passes by any railroad
or transportation company, to any officer of this State, legis-
lative, executive, or judicial
to prohibit, by law, all contracts for a greater rate of interest
than ten per centum per annum
to prescribe, by law, the maximum price below which, and
regulations under which, there shall be given to the lowest
responsible bidder, contracts for the furnishing of stationery,
printing, paper, fuel, for the use of the General Assembly
and other departments of government, for the printing, bind-
ing, and distributing, the laws, journals, department re-
ports, and all other printing and binding, and for the repair-
ing and furnishing the halls and room? used for the meetings
of the General Assembly and its committees 10 15 57
See, also, for further regulations respecting such contracts.. 19 15 58
by suitable enactments, to require such appliances and means
to be provided and used, as may be necessary to secure, as
far as possible, the lives, health, and safety, of persons em-
ployed in mining, and of persons travelling upon railroads,
and by other public conveyances, and to provide for enforc-
ing such enactments by adequate pains and penalties 19 18
to provide, by law, for the support of institutions for the edu-
cation of the deaf and dumb, and of the blind, and also for the
treatment of the insane „ 19 ' 19
to provide, by law, the mode of contesting elections in eases
not specifically provided for in the Constitution 19 24
c. In matters special :
to cause to be published in at least one newspaper in each
county, where a newspaper is published, for six months
immediately preceding the next general election for Sena-
*Though the word "may," only, is employed, in the Constitution, in the conferment of this power, its
exercise is so obviously indispensable to the execution of the imperative mandate of Section 1, that it hat
been classed among "duties obligatory."
7
30
27
9
8
39
10
1
39
17
7
SO
19
13
57
INDEX TO 'CONSTITUTION. (14)
General Assembly— Duties Obligatory (continued.)
tors and Representatives, proposed amendments to the Con-
stitution (not more than three at the same time), which
may have been agreed to by a majority of all the members
elected to each house
Submission, to the people, of proposed amendments to the Con-
stitution
POWERS DISCREaaONARY.*
Art. Sec. Page.
1. General Provisions :
General legislative power of the State vested in a General As-
semblyt 5 1 10
2. DiSORETIOKAKY POWERS VESTED IN THE SeNATB, ALONB :
Advice and consent of the Senate requisite to grant of reprieves
and pardons, in cases of treason 6 IS 20
Advice and consent of the Senate requisite to appointment of
State Geologist (when the oflBce shall have been created) 10 2 40
Powers and duties of the Senate in trials of impeachments 15 1,2 45
3. In the House of Representatives, alone :
House of Representatives to have the sole power of impeachment 15 2 45
t Governor, and all State oflSeers, Judges of the Supreme and
m Circuit Courts, Chancellors, and Prosecuting Attorneys, lia-
B ble to impeachment for high crimes and misdemeanors, and
gross misconduct in ofl5ce 15 1 45
4. In each house, acting in its separate capacity :
A smaller number, of either house, than a quorum, may adjourn
from day to day 5 11 11
A smaller number, of eitherhouse, than a quorum, may compel
the attendance of absent members, in such manner and under
such penalties as such house shall provide 5 11 11
Each house has power:
to determine the rules of its proceedings 5 12 11
to punish its members, or other persons, for contempt or dis-
orderly behavior in its presence 5 12 11
to enforce obedience to its process 5 12 11
to protect its members against violence, or offers of bribes, or
private solicitations '■ 5 12 11
with the concurrence of two-thirds, to expel a member (but not
a second time for the same cause) 5 12 11
(by intendment) to hold secret sessions of the house itself, or of
its committee of the whole, when the business is such as ought
to be kept secret 5 13 12
by vote of two-thirds, to suspend the rules so as to have a bill
read a second or third time on the same day 5 22 13
( by implication ) to withhold from publication such parts of
the journal of its proceedings, as require secrecy 5 12 12
(by intendment) to require the Secretary of State to lay be-
fore it his record of all the official acts and proceedings of the
GokV^rnor, with all papers, minutes, and vouchers, relating
thereto 6 21 21
* In making the division between " powers discretionary " and "duties obligatory," the word
" may,"— except in one or two instances where the context renders it beyond question that the pro-
vision is mandatory in its nature,— has, for the purposes of this digest, been treated as conveying a dis-
otetionary power, only. The decision of its import in each case, rests, of course, with the Legislature
:ind the courts.
tit follows, from the grant, to the General Assembly, of the general legislative authority, that its
powers of legislation are absolute and unqualified, except as they may be modified or controlled by the
l)rohibitions, express or implied, of the Constitution of the State, or that of the United States. ( For
the specific prohibitions imposed upon tha several States by the Constitution of the United States, see
loot-note to Powers Denied, below.)
The special grants of discretionary powers, therefore, contained in the Constitution of th3 State, are of
two classes; first, those forming exceptions to general constitutional prohibitions, and, second (and
these make up the bulk of such provisions ), those to be considered merely as inviting the particular at-
ten^on of the Legislature to the subject of the grant.
(15) INDEX TO CONSTITQTION.
Gknbeal AsSKUBhY—Potoen' Discretionarv (continued.)
at a regular session thereof, to propose amendments to
the Constitution (but no more than three at the same
time)
5. In THB General Assembly, acting in the exkecise op its ordinary
CAPACITY OP legislation :
a. In matter of procedure:
(by implication) may, by general law, alter the time prescribed,
by the Constitution, for regular meetings of the General As-
Sec. Page.
may, by a vote of two-thirds of the members elected to each
house, extend the regular biennial session beyond sixty days'
duration
may, at the first session under this Constitution, and when im-
peachments are pending, extend the regular biennial ses-
sion beyond sixty days, without vote of two-thirds of the
members elected to each house (as required in other
cases)
at extraordinary sessions, after disposition 'of the business set
forth in the proclamation of the Governor, may, by a vote of
two-thirds of all the members elected to both houses, entered
upon their journals, remain in session not exceeding fifteen
days
Governor may, by proclamation on extraordinary occa-
sions, convene the General Assembly at the seat of govern-
ment, or at a different place, if that shall have become, since
their last adjournment, dangerous, from an enemy or conta-
gious disease ( the purpose for which they are convened, to
be specified in his proclamation, and no other business than
that set forth therein, to be transacted, until the same shall
have been disposed of)
In cases of disagreement between the two houses, at a regular
or special session, with respect to th« time of adjournment.
Governor may, if the facts be certified to him by the presiding
oflScers of the two houses, adjourn them to a time not beyond
the d»ff of their next meeting, and, on account of danger from
an enemy or disease, to such other place of safety as he may
think proper
may, after reconsideration of bill returned, by the Governor,
with his objections, in manner prescribed and by vote of a
majority of both houses, repass the bill
may, according to the rules and limitations presofibed in the
case of a bill, repass joint or concurrent orders or resolutions
disaprproved by the Governor
may. according to the rules and limitations prescribed for the
passage of other bills over the executive veto, repass item or
items, diaapproved by the Governor, of appropriation bills
See under sub-head of Vetoes, special paging (6.)
. In matters of legislation generally :
( General provisions :)
All laws in force at date of Constitution, which are not in con-
flict or inconsistent with this Constitution, to continue in force
until amended or repealed by the General Assembly
(by implication) may suspend or set aside the law or laws of the
State
(by implication) may, by general law, suspend the operation of
general laws, in cases where the courts have no jurisdiction to
grant the powers, or the privileges, or the relief, asked for
(by implication) may (under the restrictions imposed by the
Constitution, for which sqq Special legislation, in the General
Index) enact special laws, in cases where a general law can-
not be made applicable
{Appropriations and claims :)
cigthed with sole power to make appropriations of money, to be
paid out of the treasury
may, by bill passed by two-thirds of the members elected to each
branch, appropriate money on claims, the subject-matter of
which shall not have been provided for by pre-existing law8„...
{Compensation of public officers:)
may fix, by law, the per diem pay, 'and mileage, to be received
by members, for their services, after expiration of two years
»'
INDEX TO CONSTITUTION. (16)
Art. Sec. Page.
General Assemblt — Powert Discretionary (continued.)
from the adoption of this Constitution; Provided, that no mem- n
her of either house shall, during the term for which he has
been elected, receive any increase of pay for his services under
any law passed during such term; and Provided further, that it
shall provide for no increase of salaries of its members, which
shall take eflPect before the meeting of the next General Assem-
bly 5.I9.S0 16.11,28 12.57,6?
may, by bill passed by two-thirds of the members elected to each
branch, allow extra compensation to oflScers, [agents, em-
ployes, or contractors, after the service shall have been ren-
dered, or the contract made 6 27 14
(by implication) may, during the existence of the first General
Assembly after the adoption of the Con«titution, diminish the
compensation of Supreme Judges 7 10 24
(by implication) may, during the existence of the first General
Assembly after the adoption of the Constitution, diminish the
compensation of Judges of the Circuit Courts 7 18 25
(by intendment) may provide, by law, the compensation of the
County Judge for his services as presiding Judge of the Coun-
ty Court, as Judge of the Court of Probate, and Judge of the
Court of Common Pleas, when established 7 37 28
(by implication) may, by law, after two years from the adoption
of the Constitution, increase (within the maximum limit pre-
scribed by Art. XIX, Sec. 11, p. 56), or diminish, the salaries
of State officers, and the per diem and mileage of members of
General Assembly, as provided in Section 28 of the Schedule.. Sc 28 67
(Contracts •)
may, by bill passed by two-thirds of the members elected to each
branch, allow extra compensation to officers, agents, em-
ployes, or contractors, after the service shall have been ren-
dered, or the contract made 5 27 14
(by intendment) may provide regulations under which there
shall be given to the lowest responsible bidder, contracts for
erecting or repairing public buildings or bridges in any county,
or for materials therefor, or for providing for the care and
keeping of paupers, where there are no almshouses 19 16 58
(by implication) may provide for distinction between sealed and
unsealed instruments, concerning contracts between indi-
viduals, executed since the adoption of the Constitution of
1868; Provided, that the statutes of limitation with regard to
sealed and unsealed instr^nents, in force at that time, con-
tinue to apply to all instruments afterwards executed, until
altered or repealed Sc 1 60
{Corporations :)
may form corporations under general laws; which laws may.
from time to time, be altered or repealed 12 6 42
(by intendment) may pass special acts conferring corporate
powers, for charitable, educational, penal, or reformatory
purposes, where the corporations are to be and remain under
the patronage and control of the State 12 2 41
may alter, revoke, or annul, any charter of incorporation now ex-
isting, revocable at the adoption of the Constitution, or any
that may hereafter be created, whenever, in their opinion, it
may be injurious to the citizens of thig State; in such manner,
however, that no injustice shall be done to the corporators... 12 6 42
(by intendment) may enact general laws providing for the in-
crease of the stock or bonded indebtedness of private
corporations, under conditions specified, respecting consent
of stockholders 12 8 42
(by intendment) may prescribe, by law, the manner of ascer-
tainment (by a jury, however, of twelve men, and in a court of
competent jurisdiction) of the compensation due the owner for
the appropriation of property, or right of way, to the use of cor-
porations 12 9 42
may authorize foreign corporations, under the restrictions im-
posed byArt. XII, Sec. 11 (p. 42), and under such other lim-
itations and restrictions as may be prescribed by law, to do
business in this State 12 11 42
(17) INDEX TO CONSTITUTION.
Art. Sec, Page.
Gkhsbil Assbmblt— Power* Discretionary (continued.)
( by implicationi may remit the forfeiture of charters, alter
and amend the same, and pass general and special laws for
the benefit of the corporations, on condition that such corpo-
rations shall thereafter hold their charters, subject to the
provisions of this Constitution 17 9 50
( by intendment ) may take the property and franchises of in-
corporated companies, and subject them to public use— the
same as the property of individuals 17 9 50
(by intendment) may proscribe regulations of responsibility, of
all railroads which are now or may be hereafter built and
operated, either in whole or in part, in this State, for all dam-
ages to persons and property 17 12 50
(by intendment) may prescribe, by law, the matters, relating to
railroads, required to be included in annual report of directors
of railroad corporations to the Auditor of public accounts 17 13 51
may delegate the taxing power, with tha necesary restrictions,
to the State's subordinate political and municipal corporations,
to the extent of providing for their existence, maintenance,
and well-being (but no further) 2 23 6
may authorize assessments on real property, for local improve-
ments, in towns and cities, under such regulations as may be
prescribed by law; to be based upon the consent of a majority,
in value, of the property-holders owning property adjoining
the locality to be afifected (such assessments to be ad valorem,
and uniform) 19 27 60
(by intendment) may authorize counties, cities, towns, or other
municipalities, to issue interest -bearing bonds, to provide
for and secure payment of the indebtedness existing at date of
adoption of Constitution lij 1 46
(by implication) may provide for the assumption or payment
of debts or liabilities of counties, towns, cities, or other cor-
porations, in case such debt or liability shall have been crea-
ted to repel invasion, suppress insurrection, or to provide for
the public welfare and defence 12 12 43
may, by general law, designate subordinate municipal or local
offices, below the grade of city or county officers, to which
election officers may be eligible at an election at which they
may serve 3 10 9
{Counties ;)
(by implication) may create new counties, and change county-
seats, under the restrictions imposed by Art. XIII 13 1,2,3,4 43,44
may (in exception to the general restriction) reduce the coun-
ties of Lafayette. Pope, or Johnson, to areas of less than six
hundred square miles each, and to areas containing less than
five thousand inhabitants each 13 1 43
In formation of new couaties, the county-seat may be located
temporarily, by provisions of law 13 3 44
County-seat of Lafayette county an exception to the rule for-
bidding that the line of any new county shall run within ten
miles of the county-seat of the county proposed to be divided 13 4 44
may [for the peace of mankind] give to Sebastian county two
districts and two county-seats, at which County, Probate, and
Circuit Courts, shall be held as may be provided bylaw; each
district paying its own expenses 13 5 44
(Courts— their Creation, Constitution, Abolition, Terms, and Original
Jurisdiction:)
(by intendment) may prescribe, by law, the terms of the Su-
preme Court 7 8 23
when the population of the State shall amount to one million,
may, if deemed necessary, incraase the number of Judges of
the Supreme Court to five 7 3 22
(by intendment) may prescribe, by law, regulations for tempo-
rary exchange of circuits or courts, by Judges of Circuit
Courts
(by intendment) may prescribe, by law, the terms of County
Courts
(by intendment) may change the arrangement, by the Consti-
tution provided, of judicial circuits
22
26
31
28
..
51
18
61
7
44
30
7
. 44
30
7
1. 15
22. 24
7
34
28
7
34
28
INDEX TO CONSTITUTION. (18)
Art. Sec. Page.
Gkkbral Asskmrlt— Power* Discretionary (continued.)
(by intendment) may change tbe terms of the several Circuit
Courts, from the respective times of holding prescribed in the
Constitution
(by intendment) may abolish the Pulaski Chancery Court
(by intendment) may transfer to other courts the business pend-
ing, at the date of adoption of the Constitution, in the Pulas-
ki Chancery Court
See, also. Court, Pulaski Chancery.
may, when deemed expedient, establish Separate Courts of
Chancery
(by intendment) may prescribe, by law, the exclusive original
jurisdiction of Courts of Probate, in matters relative to the
probate of wills, the estates of deceased persons.. executors,
guardians, and persons of unsound mind, and their estates
(by intendment) may prescribe, bv law, the regular terms of the
Courts of Probate
may authorize the Judge of the County Court of any one or ^
more counties to hold, severally, a quarterly Court of Common
Pleas in their respective counties, and may vest, in such
court, such jurisdiction, in matters of contract and other civil
matters, not involving title to real estate, as it may deem
proper 7 32 28
may vest such jurisdiction as may be deemed necessary, in Mu-
nicipal Corporation Courts, and in Courts of Common Pleas,
where established 7 1 22
may invest Corporation Courts, for towns and cities, with
jurisdiction concurrent with Justices of the Peace, in civil
and criminal matters 7 43 30
may invest such Corporation Courts as it may deem expedient,
with jurisdiction of any criminal offences not punishable by
death or imprisonment in the penitentiary, with or without
indictment, as may bo prescribed by law 7 43 30
(by implication) may make such offences, in the grade of mis-
demeanor [see Art. VII, Sec. 40, p. 29], as they may see fit,
cognizable by Justices of the Peace, and courts of similar juris-
diction 2 8 3
(by intendment) may prescribe, by law, the jurisdiction of Jus-
tices of the Peace, in misdemeanors 7 40 29
For discretionary powers in matter of practice, including
the subject of appellate jurisdiction, see sub-head of
"(Practice)" below.
For discretionary powers in matter of salaries of Judges,
see sub-head of "{Compensation of public offictrs)," above.
(Finance and Taxation :)
The State's ancient right of eminent domain, and of taxation,
is in the Constitution fully and expressly conceded 2 23 6
May delegate the taxing power, with the necessary restrictions,
to the State's subordinate political and municipal corporations,
to tho extent of providing for their existence, maintenance,
and well-being (but no further) 2 23 6
may, by general law, exempt from taxation, for the term of
seven years from ratification of tho Constitution, the capital
invested in any or all kinds of mining and manufacturing
business in the State, under luoh r«gulationi and restrictions
as may bo presoribed by law 10 3 40
may, by general law, authoriee school districts to levy,' by a
vote of the qualified electors of such district, & tax, not to ex-
ceed five mills on the dollar, in any one year, for school pur-
poses ; Provided, further, that no such tax shall be appropri-
ated to any other purpose, nor to any other district than that
for which it was levied 14 3 45
(by intendment) may authorise counties, cities, towns, or other
municipalities, to issue interest-bearing bonds, to provide for
and secure payment of the indebtedness existing at date of
adoption of Constitution 16 1 46
may, from time to time, tax hawkers, peddlers, ferries, exhibi-
tions, and privileges, in such manner as may be deemed
proper 16 5 47
ri9) INDEX TO CONSTITUTION.
Genbrat. Assembly— Powers Discretionary (continued.)
No moneys arising from a tax levied for one purpose, to be
used for any other purpose 16 11
clothed with sole power to make appropriations of money, to be
paid out of the treasury 16 12
may authorize assessments on real property for local improve-
ments in towns and cities, under such regulations as may be
prescribed by law ; to be based upon the consent of a majority
in value of the property-holders owning property adjoining
the locality to be affected (such assessments to be ad valorem,
and uniform) 19 27
{MUitia:)
( by intendment) may provide, by law, the manner of organiza-
tion, oflScering, arming, equipment, and training, of the
militia 11 1
(by intendment) may permit exemptions from militia service... 11 1
(by intendment) may provide manner of formation of volunteer
companias of infantry, cavalry, or artillery, and restrictions
thereon .* 11 2
(jjy intendment) m ay call out the volunteers or militia.or both,
to execute the laws, repel invasion, !repress insurrection, and
preserve the public peace 11 4
(by intendment)may authorize th« manner in which the Govern-
or may, when the General Assembly Is not in session, call out
the Tolunteew or militia, or both, to execute the laws, repel
invasion, repress insurrection, and preserve the public peace 11 4
(Penal enactments :)
(by implication) may provide for forfeiture or impairment of
right of suffrage, for commission of a felony at common law,
upon lawful conviction thereof. 3 2
may provide punishment for any oflScer of the State, w member
or officer of the General Assembly,making profit out of public
moneys, or using the same for any purpose not authorized by
law; part of such punishment to be, disqualification to hold
office in this State, for a period of five years 16 3
(by intendment) may prescribe .punishment, additional to that
prescribed by the Constitution, for participation in a duel; 19 2
(Practice — including Appellate Jurisdiction ;)
may, from to time, prescribe restrictions upon appellate juris-
diction of Supreme Court 7 4
(by intendment) may prescribe, by law, the manner of appeal
from Circuit Courts to Supreme Court, in matters of equity... 7 15
(by intendment) may prescribe, by law, restrictions and regula-
tions for appeals from judgments of County Courts, or Courts
of Common Pleas, when established, to the Circuit Court 7 33
(by intendment) may provide, by law, the manner in which or-
ders for injunctions and other provisional writs, issued by
County Judges in the absence of the Circuit Judge from the
county, may be reviewed by superior judges in vacation 7 37
(by intendment) may provide, by law, regulations for appeals
from the final judgments of the Justices of the Peace, to the
Circuit Courts 7 42
(by intendment) may prescribe, by law, the manner in which
the venue, in criminal prosecutions, may be changed, upon
the application of the accused, to any other county of the
judicial district in which the indictment may be found 2 10
(by implication) may suspend privilege of writ of habeas corpus,
in case of rebellion, insurrection, or invasion, when the public
safety may require it 2 11
(by intendment) may prescrib*, by law, the degree of consan.
guinity or affinity, connecting them with parties to actions,
which shall disqualify Judges and Justices from presiding at
trial 7 20
may regulate, by law, the punishment of contempts, not com-
mitted in the presence or hearing of the courts, or in disobed-
ience of protess 7 26
(by intendment) may provide, by law, regulations and restric-
tions for the issue, hearing, and determination, of writs of
habeas corpus, by County Judges, in the absence lof the Cir-
cuit Judge from the county 7 37
6
22
21
6
1
16
So
24
66
7
46
31
INDEX TO CONSTITUTION. (20)
Art. Sec. Page.
SrENERAL ASSEMBLY— Pojoers Discretionary (continued.)
(by intendment) may prescribe the manner in which a jury trial
may be waved by the parties, in cases at law 2 7 3
may alter or repeal Sec. 2 of the Schedule (relating to compe-
tency of witnesses in civil actions) Se 2 61
(Public officers— except as regards matter of their compensation :)
may provide, by law, the mode of deciding contested elections
for the office of Governor, in case of special elections to fill
vacancy 6 14 19
(by intendment) may prescribe, by law, the duties of Treasurer
of State, Secretary of State, Auditor of State, and Attorney
General
may provide, by law. for the establishment of the office of
Commissioner of State Lands
may, at its next session after the adoption of the Constitution,
abolish the office of Commissioner of State Lands, or continue
the same in such manner as may be prescribed by law
(by intendment) may prescribe duties of Sheriffs, Coroners,
County Treasurers, and County Surveyors
(by intendment) may provide, by law, for alteration or repeal of
provision making the Sheriff of each county ex-officio collec-
tor of taxes 7 46 , 31
(by intendment) may prescribe the places at which district,
county, and township officers shall keep their offices within
their respective districts 19 4 56
may create a bureau to be known as the Mining, Manufacturing,
and Agricultural Bureau 10 1 39
may, when deemed expedient, create the office and prescribe
the term of office, duties, and compensation, of a State Geolo-
gist, under conditions of appointment and removal pre-
scribed 10 2 40
For removal of State Executive officers, upon address, see
under sub-head " c. In matters special," below.
For compensation of public officers, see under that sub-head,
above.
{Schools :)
may, by general law, authorize school districts to levy, by a vote
of the qualified electors of such district, a tax, not to exceed
five mills on the dollar, in any one year, for school pur-
poses ; Provided, further, that no such tax shall be appro-
priated to any other purpose, nor to any other district than
that for which it was levied 14 3 45
(Miscellaneous ;)
(by implication) may provide manner of quartering soldiers, in
time of war, in houses or premises, without the consent of the
owner 2 27 7
Right of eminent domain 2,17 23,9 6,50
may, by law, fix a different time for general elections, from that
prescribed in the Constitution (viz., the first Monday in Sep-
tember) 3 8 8
(by intendment) may prescribe rules and regulations respecting
grants of reprieve, commutations of sentence,! and pardons,
after conviction, and remission of fines and forfeitures 6 18 20
(by intendment) may alter the Seal of the State 19 25 60
may direct the time and manner of revision, digesting, arrange-
ment, publication, and promulgation, of the laws of the State,
civil and criminal 19 17 58
c. In matters special :
may, for good cause, and by vote of two-thirds of the members
elected to each house, address the Governor for the removal
of the Auditor, Treasurer. Secretary of State, Attorney Gen-
eral, Judges of the Supreme and Circuit Courts, Chancellors,
or Prosecuting Attorneys 15 3 45
15
(21) INDEX TO CONSTITUTION.
Sbo. Pagb.
General Assembly (continued.)
POWERS DENIED.*
1. General Provisions :
[For powers denied to the Goverment, as in contravention of
the fundamental rights and privileges of the citizen, see Art.
II of the Constitution (Declaration of Rights) (p. 2), passim.
Art. IV (Departments) (p. 9) prohibits, to either of the three de-
partments of the government, or to any person, or collection
of persons, being of one of those departments, the exercise
of any power belonging to either of the others, except in the
instances thereafter, in the Constitution, expressly directed
or permitted.
See. also, Art. Ill (Franchise and Elections) (p. 7) ,for further
checks upon the powers of the Government.]!
Everything contained in the Declaration of Rights (Art. II) , ex-
cepted out of the general powers of the government, and for-
ever to remain inviolate 2 29 7
All laws contrary to the provisions of the Declaration of Rights
(Art. II) , or to the other provisions contained in the Constitu-
tion, to be void 2 29 7
For an enumeration of certain of the'more specific constitu-
tional prohibitions of interference with the rights and
privileges of the citizen, see, under head of "6. To the
General Assembly," etc., sub-heads of "b. In matters of
legislation generally" — "{Eights, Privileges, etc.)," below.
*Other powers than those here enumerated are, of course, by implication, denied the General Assembly,
by every positive enactment of the Constitution. These must be sought, each under its proper head, in
the General Index.
In addition, however, to the prohibitions imposed, by the Constitution of the State, upon the action of
the General Assembly, or, rather, before them, are the restrictions laid, by the Constitution of the United
States, upon the powers of the States.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof : and
all treaties made, or which shall be made, under the authority of the United States shall be the supreme
law of the land ; and the judges in every state shall be bound thereby, any thing in the constitution or
laws of any state to the contrary notwithstanding." (Constitution of the U. S., Art. VI, Sec. 2.)
The powers prohibited to the States by the original Constitution (omiUing the consideration of
such as grow, by implication, out of positive enactments imposing duties) are divisible, into three
classes : (1) Where the Constitution in express terms grants an exclusive authority to the Union;
(2) where it grants, in one instance, an authority to the Union, and in another prohibiis the States
from exercising the like authority; and (3) where it grants an authority to the Union, to which a simi-
lar authority in the States would be absolutely and totally confmdtcton/ and repugnant. ( The Federalist,
No. 44.)
To these may now be added a fourth class, embraced in the Amendments to the Constitution, where
certain powers are at once renounced by the National Government, and prohibited to the States.
The enumeration, in this place, of the implied restrictions, subjects, as they are, of differ-
ence and discussion coeval with the institution of the Government, and doubtless to continue while
the Government shall endure, is impracticable. The express prohibitions upon the powers of the States
are as follows :
"No state shall (1) enter into any treaty, alliance, or confederation; (2) grant letters of marque and
reprisal; (3) coin money; (4) emit bills of credit; (5) make any thing but gold and silver coin a tender
in payment of debts; (6) pass any bill of attainder, (7) ex post facto \a,w, or (8) law impairing the obli-
gation of contracts, or (9) grant any title of nobility.
"No state shall, without the consent of the congress, (10) lay any imposts or duties on imports or
exports, except what may be absolutely necessary for executing its inspection laws; and the net pro-
duce of all duties and imposts, laid by any state on imports or exports, shall be subject to the revision
and control of the congress.
"No state shall, without the consent of congress, (11) lay any duty of tonnage. (12) keep troops, or
ships of war in time of peace, (13) enter into any agreement or compact with another state, or (14) with a
foreign power, or (15) engage in war, unless actually invaded, or in such imminent danger as will not
admit of delay." (Art. I, Sec. 10.)
(16) "Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party
shall have been duly convicted, shall exist within the United States, or any place subject to their juris-
diction." (A7nendments, Art. XIII.)
"All persons born or naturalized in the United States and subject to the jurisdiction there f, are citi-
zens of the United States and of the state wherein they reside. No state shall (17)
make or enforce any law which shall abridge the privileges or immunities of citizens of the
United States ; nor shall any state (18) deprive any person of life, liberty, or property, without due pro-
cess of law, nor (19) deny to any person within its jurisdiction the equal protection of the laws."
(Amendments, Art. XIV, iSec. 1.)
"Neither the United States nor any state shall (20) assume or pay any debt or obligation incurred in
aid of insurrection, or rebellion against the United States, or (21) anv claim for the loss or emancipation
of any slave; but all such debts, obligations, and claims shall be held illegal and void." (Amendments,
Art. XIV, Sec. 4.)
(22) "The right of citizens of the United States to vote shall not be denied or abridged by the United
States or by any state, on account of race, color or previous condition of servitude." (Amendments, Art.
XV, Sec, 1.)
INDEX TO CONSTITUTION,
(22)
General Assembly— -Powers Denied (continued.)
2. Powers specifically denied to the Senate :
[The prohibitions imposed upon the Government, in the mat-
ter of the rights and privileges of the citizen, and as safe-
guards of his person, property, and liberty of opinion, are,
of course, binding upon every individual branch of the gov-
ernment, acting in its separate capacity; For these, see
"1. General provisions, "above, and, under head of "6. To
THE General Assembly," etc., sub-heads !of "6. Inmattera
of legislation generally"— '' (Rights, Privileges, etc.)," below ]
Sole power of impeachment to be in House of Representa-
tives
In trials of impeachments, no person to be convicted without
the concurrence of two-thirds of the members of the Sen-
ate
Judgment in cases of impeachment to go no further than remov-
al from office and disqualification to hold any office of honor,
trust, or profit, under this State
3. Powers denied to the House of Representatives :
[See first entry under head "2. Powers specifically denied
to the Senate," above.]
4. To either house, acting in its separate capacity :
a. In matter of procedure' :
The right of the people to petition, by address or remonstrance,
the government, or any department thereof, never to be
abridged
No new bill to be introduced into either house, during the last
threo days of the session
Neither house shall:
adjourn, without the conseut'of the other, for'more than Lthree
days
adjourn, without the consent of the other, to any other place
than that in which the two houses shall be sitting
so alter or amend any bill, on its passage, as to change
its original purpose
{by intendment) dispense with the reading of any bill
atlength, upon either of its readings
unless the rules be suspended by two-thirds of the !house,
cause a bill to receive more than one reading on the same
day
pass any local or special bill, unless notice of the inten-
tion to apply therefor shall have been published in the locali-
ty where the matter or the thing to be affected may be situa-
ted; such notice to be, at least, thirty days prior to the intro-
duction, into the General Assembly, of such bill, and in the
manner to be provided by law; the evidence of such notice
having been published, to be exhibited in the General Assem-
bly, before such act shall be passed
b. In m(tlters special:
Neither house may expel a member a second time for the'same
cause
Neither house to propose more than three amendments to
the Constitution at the same time
5. To the two houses, acting in joint session :
[See first entry under head "2. Powers specifically denied
to the Senate," above.]
6. To the General Assembly, ACTING 'in the exercise !op its ordinary
capacity op legislation:
o. In matter of procedure:
The right of the people to petition, by address or remonstrance,
the government, or any department thereof, never to be
abridged
not to pass any law except by bill
not (except at its first session under this Constitution, or when
impeachments are pending) to extend its regular biennial
sessions beyond sixty days, unless by a vote of two-thirds of
the members elected to each house
No bill to become a law unless, on its final passage, the vote bo
taken by yeas and nays, the names of the persons voting for
and against the same entered on the journal, and a majority
of each house recorded thereon as voting in its favor
Aet
2
4
3
5
34
16
5
28
15
5
28
15
5
21
13
5
22
13
21 13
22 13
(23) INDEX TO CONSTITUTION. ,.
Art. Sec. Page.
Gknbbal Assembly— Powers Denied (continued.)
No law to be revived, amended, or the provisions thereof ex-
tended or conferred, by reference to its title only; but so much
thereof as is revived, amended, extended, orconferre«4 to be
re-enacted and published at length 5 23 U
(by implication) cannot be adjourned by the Governor, in case
of disagreement between the two houses, at a regular or special
session, with respect to the time of adjournment, unless the
fact of such disagreement be certified to him by the presiding
oflScers of the two houses; and then to a time not beyond the
day of their next meeting, or, except on account of danger
from an enemy or disease, to any place other than that in
which the houses shall be sitting 6 20 21
At extraordinary sessions, no business to be transacted other
than that set forth in the proclamation of the Governor, con-
vening the same 6 19 21
h. In matters of legislation generally :
(Rights, Privileges, etc. :)
[For general prohibitions, to the Government, of the exercise
of power in contravention of the fundamental rights of the
citizen and [the principles of the Constitution, see head
"1. General provisions, "above. The provisions given below
under this sub-head, are selected, chiefly from the Declaration
of Rights, as embracing the more specific prohibitions in
this nature.]
The equality of all men before the[law, ever to remain invio-
late 2 3 2
No citizen ever to be deprived of any right, privilege, or im-
munity, or exempted from any burden or duty, on account
of race, color, or previous condition 2 3 2
The right of the people peaceably to assemble, to consult for
the common good, never to be abridged 2 4 3
The right of the people to petition, by address or remonstrance,
the government, or any department thereof, never to be
abridged 2 4 3
The citizens of this State to have the right to keep and bear
arms for the common defence 2 5 3
The liberty of the press to forever remain 'inviolate 2 6 3
All persons may freely write and publish their sentiments on
all subjects, being responsible for the abuse of such right 2 6 3
The right of the people of the State to be secure in their per-
sons, houses, papers, and effects, against unreasonable
searches and seizures, not to be violated 2 15 5
No person to be imprisoned for debt, in any civil action,' on
mesne or final process 2 16 5
not to grant to any citizen, or class of citizens, privileges or im-
munities which, upon the same terms, shall not equally be-
long to all citizens 2 . 18 5
not to grant perpetuities or monopolies 2 19 5
not to grant or confer any hereditary emoluments, privileges,
or honors 2 19 5
not to make any distinction, by law, between resident aliens
and citizens, in regard to the possession, enjoyment, or de-
scent, of property 2 20 5
Private property not to be taken, appropriated, or damaged, for
public use, without just compensation therefor 2 22 6
not to give any preference, by law, to any religious establish-
ment, denomination, or mode of worship, above any other 2 24 6
No man to be compelled to attend, erect, or support, any place
of worship, or to maintain any ministry, against his consent... 2 24 6
No religious test ever to be required of any person as a qualifi-
cation to vote or hold ofiBce, nor shall any'person be rendered
incompetent to be a witness on account of his religious belief;
but nothing herein to be construed to dispense with oaths or
afiBrmations , 2 26 6
Slavery, and involuntary servitude, except as a punishment for
crime, prohibited 2 27 6
(by implication) not to authorize assessments on real property,
for local improvements, elsewhere than in towns or cities, or
not based upon the consent of a majority, in value, of the
property-holders owning property adjoining the locality to be
affected, or other than ad valorem and uniform 19 27 60
INDEX TO CONSTITUTION. (24)
Aet. Sec. Page.
General Assembly— Powers Denied (continued.)
not to pass bill of attainder, ex post facto law, or law impairing
the obligation of contracts 2 17 5
not to suspend privilege of writ of habeas corpus, except in
case of rebellion, insurrection, or invasion, when the public
safety may require it 2 11 4
No person to be taken or imprisoned, or disseized of his es-
tate, freehold, liberties, or privileges, or outlawed, or in any
manner destroyed, or deprived of his life, liberty, 'or property,
except by the judgment of his peers or the law of the land 2 21 5
(by implication) not to abolish, or, except in eases such as
shall be made cognizable by Justices of the Peace, and courts
of similar jurisdiction, to modify, the grand-jury sys-
tem 2 8 3
Right of trial by jury to remain inviolate 2 7 3
Right of trial by jury to extend to all cases at law, without
regard to the amount in controversy (but a jury trial may be
waived by the parties, in all cases, in the manner prescribed
by law 2 7 3
Limitations on the law of libel 2 6 3
Limitations on the law of treason 2 14 4
For further rights of accused in criminal prosecutions, — not
to be abridged by statutory enactment,— see 2 8,9. 3.4
.. • ^ 10.11
(Apportionment :)
not to make apportionment increasing the number of members
of the House of Representatives to more than one hundred,
or reducing it below seventy-three 8 1 32
not so to divide the State into Senatorial districts that the
Senate shall consist of less than thirty or more than thirty-
five members 8 2 35, 37
Senatorial districts at all times to consist of contiguous terri-
tory, and no county to be divided in the formation of a Sena-
torial district 8 3 37
not to make division of the State into Senatorial districts, or
apportionment of Representatives to the several counties, at
any other time than at the first session after each enumera-
tion of the inhabitants of the State, by the Federal or State
government 8 4 37
{Appropriations :)
No appropriations to be made except by law 5,17 29,12 15,48
not to appropriate any money on any claim, the subject-matter
of which shall not have been provided for by pre-existing
laws, unless such claim be allowed by bill passed by two-
thirds of the members elected to each^branch 5 27 14
not to make appropriation other than specific, or without dis-
tinctly stating, in the bill, the purpose of the appropriation,
and specifying, in dollars and cents, the maximum amount
which may be drawn .- 5 29 15
not to make appopriations for longer period than two years.... 5 29 15
General appropriation bill to embrace nothing but appropria-
tions for the ordinary expense of the executive, legislative,
and judicial departments of the State 5 30 15
not to make appropriations other than for ordinary expenses of
the executive, legislative, and judicial departments of the
State, except by separate bills, each embracing but one sub-
ject- 5 30 15
{Compensation of public officers:)
(by implication) not to pass any law providing for an increase
of pay of any member of either house, for his services, during
the term for which such member shall have been elected 5 16 12
not to allow extra compensation to any officer, agent, employe,
or contractor.after the service shall have been rendered, or the
contract made, unless such compensation be allowed by bill
passed by two-thirds of the members elected to each branch 5 27 14
not, after the adjournment of the next General Assembly after
tie adoption of the Const tution, to diminish the compensa-
tion of Supreme Judges, during the time for which they shall
have been elected 7 10 24
not, after the adjournment of the first session of the General
Assembly, to diminish the compensation of Judg s of Cir-
cuit Courts, during the time for which they are elected 7 18 25
(25) INDEX 1^0 CONSTITUTION.
Gkkbbal Assembly— Pou>er« Denied (continued.)
not to increase or diminish, during their respective terms, the
salaries of Governor, Secretary of State, Auditor, Treasurer,
Attorney General, Judges of the Supreme Court, Judges of
the Circuit Court, Commissioner of State Lands, or Prose-
cuting Attorneys 19
not to provide salaries, for the oflSeers named in the preceding
entry, exceeding the sums respectively prescribed in Art.
XIX, See. 11 (p. 57) 19
to provide for no increase of the salaries of "its member*, which
shall take'cflfect before the meeting of the next General As-
sembly 19
not to increase or diminish, during the period of two years
from the adoption of the Constitution, the salaries of State
oflScers, or per diem and mileage of members of the General
Assembly, as prescribed in Sec. 28 of the Schedule Sc
(Contracts :)
not to pass bill of attainder, ex post facto law, or law impairing
the obligation of contracts 2
not to allow extra compensation to any ofBcer, agent, employe,
or contractor, after the service shall have been rendered, or the
contract made, unless such compensation be allowed by bill
passed by two-thirds of the members elected to each branch 5
not, so far as regards contracts made before the time of the
adoption of the Constitution of 1868, to alter or repeal any
laws exempting property from sale on execution or by decree
of a court, which were in force at that time Sc
(Corporations:)
to pass no special act conferring corporate powers, except for
charitable, educational, penal, or reformatory purposes,
where the corporations created are to be and remain under the
patronage and control of the State 12
not to remit the forfeiture of the charter of any corporation
existing at date of adoption of Constitution, or alter or
amend the same, or pass any general or special law for the
benefit of such corporation, except on condition that such
corporation shall thereafter hold its charter, subject to the
provisions of this Constitution 17
The exercise of the right of eminent domain never to be
abridged, or so construed as to prevent the Genernl Assembly
from taking the property and franchises of incorporated com-
panies, and subjecting them to public use— the same as the
property of individuals 17
not to pass any local or special bill suspending the operation
of any general law for the benefit of any particular Individ
ual, corporation, or association 5
not, by any contract or grant to which the State may be a party,
to surrender or suspend the power to tax corporations and cor-
porate property 1(5
Except as provided in the Constitution, no law to be passed
making the State a stockholder in, or subscriber to. Or inter-
ested in, the stock of any corporation or association 12
(by implication) not, by special law, to authorize the increase
of the stock or bonded indebtedness of any private corpora-
tion 12
(by intendment) not to authorize the appropriation, to the use
of any corporation, of property or right of way, ;intil full
compensation therefor shall first be made to the owner, in
mo-ney, or first secured to him by a deposit of money (such
compensation to be ascertained in manner prescribed) 12
For constitutional conditions attached to the grant of cor-
porate franchise to railroad, canal, and turnpike compa-
nies (and, in particular instances, those attached to such
grant to other transportation companies), see Art. XVII,
( p. 48 et seq.) , passim. The two following provisions may
be selected, as instances of more express restriction upon
legislative action:
Any association or corporation, organized for the purpose, to
have the right to construct and operate a railroad between
any poin 8 within this State, and to connect, at the State line,
with railroads of other States 17
INDEX TO CONSTITUTION. (26)
Art. Sec. Pagjt.
Okneral Assembly— Poioer« Denied (continued.)
to pass no law exempting from execution and sale the rolling
stock or other movable property belonging to any railroad
company or corporation in this State 17 11 50
not to exchange, transfer, remit, postpone, or in any way di-
minish, any obligation or liability of any railroad, or other
corporation, held or owned by the State 5 38 15
not to cause to be released yny liability or obligation of any
railroad, or other corporation, held or owned by the State,
except by payment thereof into the State treasury 5 33 15
not to provide for the release of the indebtedness of any cor-
poration to the State, or for discharging the same in any man-
ner save by payment into the public treasury 12 12 43
Restrictions upon powers, privileges, and franchises, of foreign
corporations which may be authorized to do business in this
State 12 11 42
not to delegate the taxing power to the State's subordinate po-
litical and municipal corporations, beyond the extent of pro-
viding for their existence, maintenance, and well-being 2 23 6
not, except as in the Constitution otherwise provided, to pro-
vide for the assumption or payment, by the State, of the
debt or liability of any county, town, city, or corporation,
whatever, or any part thereof; unless such debt or liability
shall have been created to repel invasion, suppress insurrec-
tion, or to provide for the public welfare and defence 12 12 43
{Counties ;)
not to reduce any county, established at date of adoption of
Constitution, to an area of less than six hundred square miles,
nor to less than five thousand inhabitants, nor to establish
any new county with less than six hundred square miles and
five thousand inhabitants ; Provided, that this prohibition
shall not apply to the counties of Lafayette, Pope, and John-
son, nor be so construed as to prevent the General Assembly
from changing the line between the counties of Pope and
Johnson 13 1 43
not to take off any part of a county to form a new county, or a
part thereof, without the consent of a majority of the voters
in such part proposed to be taken off 13 2 43
not to establish or change any county-seat, without the consent
of a majority of the qualified voters of the county to be affect-
ed by such change, nor until the place at which it is proposed
to establish or change such county-seat shall be fully designa-
ted ; Provided, that in formation of new counties, the county-
seat may be located temporarily, by provisions of law 13 3 44
In the formation of new counties, no line thereof to run within
ten miles of the county-seat of the county proposed to be di-
vided, except the county-seat of Lafayette county 1? 4 44
(Elections:)
not to interfere to prevent the free exercise of the right of suf-
frage 3 2 7
nottoenact any law whereby the right to vote at any election
shall be made to depend upon any previous registration of the
elector's name 8 2 7
not to enact any law whereby the right to vote at any election
shall be impaired or forfeited, except for the commission of a
felony at common law, upon lawful conviction thereof 3 2 7
(Finance and Taxation:)
not (with exceptions stated) to tax any one species of property
from which a tax may be collected, higher than any other
species of property of equal value 16 5 47
not to levy State tax or make appropriation of money, except to
raise means for the payment of the just debts of the State, for
defraying the necessary expenses of government, to sustain
common schools, to repel invasion and suppress insurrection,
except by a majority of two-thirds of both houses 5 31 15
not to levy State taxes, for any one year, to exceed, in the ag-
gregate, one per cent, of the assessed valuation of the prop-
erty of the State 16 8 47
not to delegate the taxing power to the State's subordinate polit-
ical and municipal corporations, beyond the extent of provid- ,
ing for their existence, maintenance, and well-being 2 23 6
(27) INDEX TO CONSTITUTION.
Art. Sec, Page.
GkSikral Assembly— Power* Denied (continued.)
( by implication ) not to authorize assessments on real prop-
erty, for local improvements, elsewhere than in towns or
cities, or not based upon the consent of a majority, in value,
of the property-holders owning property adjoining the local-
ity to be affected, or other than ad valorem and uniform 19 27 60
not to levy any general tax, for the support of common schools,
to exceed in any one year two mills on the dollar on the taxa-
ble property of the State 14 3 44
not to authorize school districts to levy, in any one year, for
school purposes, any tax to exceed five mills on the dollar 14 3 45
not to appropriate any special school district tax to any other
purpose, nor to any other district than that for which it was
levied 14 3 45
not to tax ;
1. Public property used exclusively for public purposes :
2. Cemeteries used exclusively as such :
3. School buildings and apparatus :
4. Libraries and grounds used exclusively for school purposes :
5. Buildings, grounds, and materials, used exclusively for
public charity 16 5 47
not, by any contract or grant to which the State may be a party,
to surrender or suspend the power to tax corporations and
corporate property 16 7 47
All laws exempting property from taxation, other than as pro-
vided in the Constitution, to bo void 16 6 47
No moneys arising from a tax levied for one purpose, to be
, used for any other purpose 16 11 47
(by implication) not to appropriate any money or property be-
longing to the public school fund, or to the State, for the bene-
fit of schools or universities, for any other than the respective
purposes to which it belongs
Never to loan the credit of the State for any purpose whatever..
not to pass any act authorizing the issue of bills, notes, or other
paper which may circulate as money
State never to issue any interest-bearing warrants or scrip
not to cause to be released any liability or obligation of any
railroad, or other corporation, held or owned by the State,
except by payment thereof into the State treasury 5 33 15
not to exchange, transfer, remit, postpone, or in any way di-
minish, any obligation or liability of any railroad, or other
corporation, held or owned by the State 5 S3 15
not to provide for the release of the indebtedness of any cor-
poration to the State , or for discharging the same in any man-
ner save by payment into the public treasury 12 12 43
not, except as in the Constitution otherwise provided, to provide
for the assumption or payment, by the State, of the debt or
liability of any county, town, city, or corporation, whatever, "
or any part thereof ; unless such debt or liability shall have
been created to repel invasion, suppress insurrection, or to
provide for the public welfare and defence 12 12 43
except as provided in the.Constitution,'no law. to be passed mak-
ing the State a stockholder in, or subscriber to, or interested
in, the stock of any corporation or association 12 7 42
(Penal enactments:)
not to pass bill of attainder, ex post facto law, or law impairing
the obligation of contracts 2 17 5
not, under any circumstances, to authorize the exile of any
person from the State 2 21 6
(Practice :)
(by implication) not to suspend privilege of writ of habeas cor-
pus, except in case of rebellion, insurrection, or invasion,
when the public safety may require it 2 11 4
not to pass any law making the State of Arkansas defendant
in any of her courts 5 20 18
not to pass any local or special bill changing the venue in crimi-
nal cases 5 24 14
not to limit the amount to be recovered for injuries resulting
in death, or for injuries to persons or property 5, 32 15
14
2
44
16
1
46
12
10
42
16
1
46
i
INDEX TO CONSTITUTION. (28)
Art. Sec. Page.
Generai, Assembly— Powers Denied (continued.)
to pass no law exempting from execution and sale the rolling
stock or other movable property belonging to any railroad
company or corporation in this State 17 11 50
not, so far as regards contracts made before the time of the
adoption of the Constitution of 1868, to alter or repeal any
laws exempting property from sale on execution or by decree
of a court, which were in force at that time Sc 1 60
See, also, for prohibitions in matter of practice in criminal
prosecutions, the last six entries under sub-head of
"{Rights, Privileges, etc,)," above.
{Public officers — except as regards matter of their compensation.)
not to create any per uanent State office, not expressly provided
for by this Constitution 19 9 56
(Schools :)
(by implication) not to'appropriate any money or property be-
longing to the public school fund, or to the State, for the bene-
fit of schools or universities, for any other than the respective
purposes to which it belongs 14 2 44
not to levy any general tax, for the support of common schools,
to exceed in any one year two mills.on the dollar on the taxa-
ble property of the State 14 3 44
not to authorize school districts to levy, in any one year, for
school purposes, any tax to exceed fivs mills on the dollar 14 3 45
not to tax school buildings, or apparatus, or libraries or grounds
used exclusively for school purposes 16 5 47
{Special lepislation" :)
not to pass any local or special law :
1. Changing the venue in criminal cases
2. Changing the names of persons
3. Adopting children
4. Legitimating children
5. Granting divorces
6. Vacating roads, streets, or alleys
7. In any case where a general law can be made applicable...
8. Suspending the operation of any general law for the benefit
of any particular individual, corporation, or association...
9. Where the courts have jurisdiction to grant the powers, or
privileges, or the relief, asked for
10. Unless notice of the intention to apply for the local or spe-
cial bill shall have been published, in the locality where ihe
matter or the thing to be affected may be situated; such no-
tice to be, at least, thirty days prior to the introduction,
into the General Assembly, of such bill, and in the manner
to be provided by law; the evidence of such notice to be
exhibited, in the General Assembly, before such act shall be
5
24
14
5
24
14
5
24
14
5
24
14
5
24
14
5
24
14
5
25
14
See note at foot of page.
{Miscellaneous :)
No standing army to bo kept in time of peace 2
Feudal tenures, with all their incidents, prohibited 2
not to authorize any lottery, or allow the sale of lottery
tickets 19
For provisions forbidding special legislation upon a miscel-
laneous class of subjects, see under sub-head of "(iSipectai
legislation)" above.
c. In matters special :
(by intendment) not to change the seat of government from
Little Rock, where it is now established 1
not to propose, or submit to the people, more than three amend-
ments to the Constitution, at the same time 19
For restrictions in cases of impeachment, see under
"2. Powers specifically denied to the Senate," above.
*The entries here given are only those of the two sections of the Constitution, devoted to specific pro-
hibitions and restrictions of special legislation. For a collation of all the provisions touching the sub-
ject, either directly or by implication, see Special Legislation, in the General Index.
16
(29)
INDEX TO CONSTITUTION.
General Assembly— (centinued.)
Art.
Seo. Page.
REPORTS TO GENERAL ASSEMBLY.
By Governor:
in form of message, from time to time, and at close of oflScial
term to the next General Assembly, giving information con-
cerning the condition and government of the State, and re-
commending for their consideration such measures as he may
deem expedient
at every regular session, of each case of reprieve, commutation,
or pardon, with his reasons therefor; stating the name and
crime of the convict, the sentence, its date, and the date of
the commutation, pardon, or reprieve
By Secretary of State:
Secretary of State, when required,to lay his record (to be an ac-
curate and full one) of the ofiBcial acts and proceedings of the
Governor, with all papers, minutes, and vouchers, relating
thereto, before either branch
See, also. Senate, and Senators, Representatives, House of, and
Representatives, President of the Senate, Speaker, Bills, Im-
peachments, Journals, Joint Sessions, Special legislation. Votes,
Yeas and Nays, etc., etc.*
[Note.
*A GUIDE TO THE COi^TENTS
OP THE DIGEST OF CONSTITUTIONAL PROVISIONS RESPECTING THE
GENERAL ASSEMBLY.
[The paging referred to is the special paging (in parenthesis) of this particular portion of the
Index ]
Page
Titles. op Index.
Constitution, etc., of General Assembly (1)
1. General provisions (1)
2. Senate (1)
3. House of Representatives (2)
4. Vacancies (2)
5. Preliminaries to organization (2)
6. Qualifications of members (2)
Disqualifications (2)
7. Compensation of members (3)
Proceedings (3)
1. Sessions (3)
a. Regular (3)
b. Extraordinary (4)
2. Publicity of proceedings (4)
3. Quorum, etc (4)
4. Presiding officers (4)
5. Journals (4)
6. Special powers of each house (4)
7. Yeas and nays (5)
8. Adjournments (5)
9. General legislation (5)
a. Bills generally (5)
6, Appropriation bills, etc (5)
c. Bills allowing claims (5)
d. Bills local and special (6)
e. Vetoes (6)
Page
Titles. . of Index.
10. Elections in General Assembly (6)
11. Special proceedings (C)
12. Determination of result of elections for exe-
tive officers of State (7)
Miscellaneous (7)
1. Provisions respecting members (7)
a. Privilege (7)
6. Corruption, and other criminal conduct (7)
c. Ineligibility to other oflBces (8)
d. Special prohibitions (8)
2. Provisions respecting officers, other than
presiding , (8)
3. Messages and communications (8)
4. Printing, and other expenses (8)
5. Succession of presiding officers to office of
Gov»mor, in case of vacancy (8)
6. First session after adoption of Constitution... (8)
Duties Obligatory (9)
1. General provisions (9)
2. Duties obligatory upon the Senate, only (9)
a. In matter of procedure (9)
b. In matters special (9)
3. Upon each house, acting in its separate ca-
pacity (9)
a. In matter of procedure (9)
INDEX TO CONSTITUTION.
clxiii
General appropriation hill to embrace nothing but appropriations for or-
dinary expenses of executive, legislative and judicial depart-
ments of State
General elections— see Elections.
General laws— see Laws, General, and, for implications of prohibited
special enactment, Spkcial Legislation.
Gift to influence action of public officer. Person offering, and officer con-
senting to receive, guilty of felony
God, Acknowledgment of gratitude to
Natural and indefeasible right of all^men to worship, according
to the dictates of their own consciences
Persons denying being of, disqualified to hold civil office or tes-
tify as witnesses
Government, Privilege of free choice of form of.
instituted for protection, security, and! benefit, of the people...
Right of the people to alter, reform, or abolish
Right of petition to, by address or remonstrance
good. Religion, morality, and knowledge, essential to
Everything contained in Declaration of Rights, excepted out of
the general powers of, and forever to remain inviolate
Pr
1
2
1
2
2
1
2
2
4
3
2
25
6
Contents of Digest under "Genkkal Assembly" (continued.)
Page
Titles. of Index.
b. In matters special (10)
4. Upon the two houses, acting in joint session.. (10)
5. Upon the General Assembly, acting in the
exercise of its ordinary capacity of legisla-
tion (10)
o. In matter of procedure (10)
b. In matters of legislation generally (11)
(Actions, Civil) (11)
(Apportionment)
.(Compensation of public officers).
(Corporations)
(Finance and Taxation)
(Penal enactments)
(Schools)
(Miscellaneous)
. In matters special
(11)
(11)
(12)
(12)
(12)
(13)
(14)
(14;
(14)
(14)
(14)
(14)
(14)
(15)
(15)
(15)
(15)
(15)
(15)
(16)
Powers Discretionary
1. General provisions
2. Discretionary poioers vested in the Senate,
alone
3. Jn the House of Representatives, alone
4. In each house, acting in its separate capsLC-
itv
6. In the General Assembly, acting in the
exercise of its ordinary capacity of legis-
lation
a. In matter of procedure
h. In matters of legislation generally
(General provisions)
(Appropriations and claims)
(Compensation of public officers
(Contracts)
(Corporations) (16)
(Counties) (17)
(Courts— their Creation, Constitution,
Abolition, Terms, and Original Juris-
diction) (17)
(Finance and Taxation) (18)
(Militia) (19)
i™ (Penal enactments) (19)
|K^ (Practice— including Appellate Juris-
IK diction) (19)
Page
Titles. of Index.
(Public officers- except as regards matter
of their compensation) (20)
(Schools) (20)
(Miscellaneous) (20)
c. In matters special (20)
Powers Denied 5(21)
1. Gene)-al provisions (21)
[Note respecting prohibitions on the
powers of a State, imposed by the
Constitution of the United States]... (21)
2. Powers specificeilly denied to the Senate (22)
3. Poioers denied to the House of Representa-
tives (22)
4. To either house, acting in its separate ca-
pacity (22)
a. In matter of procedure (22)
b- In matters special (22)
5. To the two houses, acting in joint session (22)
6. To the General Assembly, acting in theexer-
cise of its ordinary capacity of legislation.. (22)
rt. In matter of procedure (22)
b. In matters of legislation generally (23)
(Rights, Privileges, etc.) (23)
(Apportionment) (24)
(Appropriations) (24)
(Compensation of public officers) (24)
(Contracts) (25)
(Corporations) (25)
(Counties) (26)
(Elections) (26)
(Finance and Taxation) (26)
(Penal enactments) (27)
(Practice) (27)
(Public officers— except as regards 'mat-
ter of their compensation) (28)
(Schools) (28)
(Special legislation) (28)
(Miscellaneous) (28)
c. In matters special (28)
Reports to General Assembly
By Governor
By Secretary of State
(2b)
(29)
(29)
5
31
15
14
1
44
19
15
57
1
2
2
2
2
2
2
2
6
1
16
6
2
, 16
6
2
16
6
3
16
6 ■
3
17
6
3
17
6
4
17
6
14
19
6
5
17
clxiv INDEX TO CONSTITUTION.
Art. Sec. Page.
Government of the U. S., Office, appointment, or employment, under, dis-
qualifies for service as officer of election 3 10 8
of the State, Powers of, how divided 4 .. 6
Levy of State tax, and appropriations of money, for defraying
necessary expenses of, constitute exceptions to rule requiring
vote of majority of two-thirds of both houses of General As-'
sembly
free and good. Intelligence and virtue the bulwark of.
State, Contracts for furnishing stationery, printing, paper, and
fuel, for use of.
Oovernment, Seat of, to be and remain at Little Rack
Governments instituted to secure the rights of life, liberty, property, repu-
tation, and the pursuit of happiness
derive their just powers from theconsjnt of the governed
Grovernor an officer of Executive Department
Supreme executive power vested in. as Chief Magistrate
to be styled "the Governor of the State of Arkansas"
how chosen
Returns of election of.
Case of tie in elections for
Contested elections for
Contested elections for, in case of elections to fill vacancy, to be
decided as may be provided by law
Qualifications for office of ,
No member of Congress, or person holding office under author-
ity oi State of Arkansas or U. S., except as by the Constitu-
tion provided, to exercise office of.
In case of death, conviction on impeachment, failure to qualify,
resignation, absence from State, or other disability of. Presi-
dent of Senate to succeed to powers, duties, and emoluments,
of the office, for remainder of term, till removal of disabil-
ity, or till election and qualification of a Governor
Office of, in case of concurrent vacancy in Governorship
and Presidency of Senate, or of concurrent ab-
sence of both officers from the State, to be filled by
Speaker of House of Representatives, in like manner as in
the preceding entry provided
Vacancy in office of, not happening within twelve months
next before expiration of term of office for which he shall have
been elected, to be filled by election, in manner prescribed
Term of office
Maximum salary to be allowed ^.
Salary of, during two years from adoption of Constitution
Salary of, not be increased during his term of office
liable to impeachment
to keep his office, in person, at seat of government
to issue writs of election to fill such vacancies as shall occur in
either house of the General Assembly 5 6 10
to be Commander-in-Chief of military and naval forces of
State, except when they shall be called into actual service of
U. S 6 6 17
may require information, in writing, from officers of Executive
Department, on subjects relating to duties of their offices 6 7 17
to see that the laws are faithfully executed 6 7 17
to give to General Assembly from time to time, and, at close of
his official term, to next General Assembly, information, by
message, concerning condition and government of State, and
to recommend for their consideration such measures as he
may deem expedient '. '6 8 18
to keep, and use officially, a seal of the State, to be called the
"Great Seal of the State of Arkansas"
to sign all grants and commissions
Bills passing both houses of General Assembly, to be presented
to, for approval
to sign bills ifhe approve them
to return bills which he shall not approve, with his objections,
to the house in which they originated
to return bills within'five days, Sundays excepted, after presen-
tation to him; unless General Assembly, by adjournment, pre-
vent
6
14
18
6
1
16
19
11
57
Sc
28
67
19
11
56
15
1
45
6
1
16
9
18
10 ■
18
15
19
15
19
6
16
6
17
6
18
6
18
INDEX TO CONSTITUTION. clxv
Art. Sec. ■ Page.
Governor to give notice, by public proclamation, within twenty days af-
ter adjournment of General Assembly, of disapproval of bills
i return of which has been prevented by such adjournment 6 15 19
to file, in oflSce of Secretary of State, with his objections, bills
disapproved, return of which has been prevented by adjourn-
ment of General Assembly 6 15 19
Orders and resolutions in which concurrence of both houses of
General Assembly may be necessary, except OH questions of
adjournment, to be presented to, for approval, and, before
taking effect, to be approved by him
to have power to disapprove any item or items of bill making
appropriation of money, embracing distinct items
to have power, in all criminal and penal cases except those
of treason and impeachment, to grant reprieves, commuta-
tions of sentence, and pardons, after conviction, under such
rules and regulations as shall be prescribed by law...
to have power, by and with advice and consent of Senate, to
grant reprieves and pardons in cases of treason
in cases of treason, may in the recess of the Senate, respite sen-
tence until adjournment of next regular session of General
Assembly 6 18 20
to communicate to General Aesembly, at every regular session,
(with prescribed statement of particulars) each case of re-
prieve, commutation, or pardon, and his reasons therefor 6 18 20
may, by proclamation on extraordinary occasions convene
General Assembly at the seat of government, or at a different
place, if that shall have become, since their last adjournment,
dangerous, from an enemy, or contagious disease 6 19 20
to specify, in h's proclamation convening extraordinary session
of General Assembly, the purpose for which they are con-
vened 6 19 21
may, upon certificate by presiding officers of the two houses of
the General Assembly of disagreement with respect to the
time of adjournment, adjourn them to a time not beyond the
day of their next meeting, and on account of danger or dis-
ease, to such other place of safety as he may think prop-
er 6 20 '21
in case of Vacancy in office of. Treasurer, Secretary, or Auditor
of State, or of Attorney General, to fill the same, by appoint-
ment for unexpired term '6 22 21
in case of vacancy in office where no mode is provided, by Con-
stitution and laws, for filling the same, to fill the same by
grant of commission 6 23 31
in case of disqualification of any Judge.of Supreme Court, to
commission special Judge 7 9 23
Upon certificate of disqualification of Judge of County or Pro-
bate Court from presiding at trial, to commission a Special
Judge 7 36 28
to commission all officers. Constables excepted, [i. e., judicial
officers, officers of courts. and officers of counties], provided for
in Art. VII of Constitution 7 48 31
to fill, by appointment, vacancies occurring in county and
township offices, six months, and in others nine months, be-
fore next general election
may, by and with advice and consent of Senate, appoint State
Geologist, upon creation of such office
may at all times remove State Geologist, for incompetency or
gross neglect of duty
Power of, to call out the volunteers or militia
Power of, to remuve State officers, etc., upon address of General
Assembly
Contracts for stationery, printing, paper, and fuel, for use of
General Assembly and other departments of Government, for •
printing, binding, and distributing, of laws, journals, depart-
ment reports, and all other printing and binding; and repair-
ing and furnishing halls and rooms for use of General Assem-
bly, to be subject to approval of.
Record of all official acts and proceedings of, with all papers,
minutes, and vouchers, relating thereto, to be laid, by the
Secretary of State, when so required, before either branch of
the General Assembly
7
50
31
10
2
40
10
2
40
11
3
40
dxvi INDEX TO CONSTITUTION.
Art. Sec. Page.
Governor, Disqnalification of Judges of County and Probate Courts from
presiding at trial, to be certified to 7 36 28
Returns of elections for ofiBcers who are to be commissioned by, ~
except as otherwise provided by Constitution, to be made to
Secretary of State 19 10 56
First election for Sc 3 61
to issue proclamation enjoining preservation of good order, etc.,
on day of election under Schedule Sc 6 62
chosen at first election. Return and announcement of election
of. Sc 17 65
first elected, when to enter upon discharge of his duties Sc 17 65
to commission all oflScers chosen at election held under pro-
visions of Schedule to the Constitution Sc 18 65
Grand Jury, Presentment or indictment of, requisite to criminal prosecu-
tions, except in cases specified 2 8 3
Grants to be issued in the name and by authority of the State, sealed with
the Great Seal of the State, signed by Governor, and attested
by Secretary of State 6 10 18
Special or exclusive, under which bona fide organization be not
made, and business commenced in good faith, at time of adop-
tion of Constitution, declared invalid 12 1 41
of the State, to corporations. Power to tax the corporation or its
property not to be surrendered or suspended by 16 7 47
GratUude to God, for free choice of form of government, and for civil and
religious liberty Pr . . 1
Great Seal of the State of Arkansas 6, 19 9, 25 18, 60
of the State to be aflBxed to grants and commissions ». 6 10 18
CroM/wis used exclusively for school purposes, exempt from taxation 16 5 47
used exclusively for public charity, exempt from taxation 16 5 47
Guardians, Courts of Probate to have exclusive original jurisdiction, as
may be prescribed by law, in matters relative to 7 34 28
Homesteads subject to seizure under judgments against, for
moneys collected by them 9 3 38
Competency of. as witnesses, in actions by or against Sc 2 61
H.
Habecu Corpus, Suspension of privilege of 2 11 4
Supreme Court may issue writs of, in aid of its appellate and
supervisoryjurisdiction 7 4 22
Power of County Judges to issue writ of, in case of absence of
Circuit Judge from county 7 37 29
Halls used for meetings of General Assembly and its committees. Repair-
ing and furnishing of, to be performed under contract, to be
given to lowest responsible bidder, below maximum price,
under regulations to be prescribed by law 19 15 57
Happiness, Ri^t of every man to pursue his own, inherent and inalien-
able
Hawkers, General Assembly may tax
Hearing, Eight of accused to
Hereditary emoluments, privileges, and honors, forever prohibited
Highways, public. Railroads, canals, and turnpikes, to be
Holding over of officers, until election and qualification of successors
Homestead exemvtion
of residents, married, or heads of families
Limits of, outside of city, town, or village
Limits of. in city, town, or village
for benefit of widow
for benefit of minor children
Exceptions to rule of
Honors, Hereditary, forever prohibited
House, security of, against unreasonable searches and seizures. Right to..
Houses, Quartering of soldiers in
House of Representatives— see Representatives, House of.
House of Representatives, Speaker of— see Speaker.
Husband, Separate property of wife not to be subject to debts'of ,
2
2
2
16
5
47
2
10
4
2
19
5
17
1
48
19
5
56
9
3.4,5,
6,9.10
38, 39
9
3
38
9
4
38
9
5
38
9
6
38
9
6,10
38, 39
9
3
38
2
19
5
2
15
5
2
27
7
INDEX TO CONSTITUTION.
clxvii
I.
Idiots not entitled to privileges of elector
Courts of Probate to have exclusive original jurisdiction, as may
be prescribed by law, in matters relative to
Immorality, gross, Removal of county and township ofiBcers for
Immunities, Equality of
Immunity, Citizen not to be deprived of, on account of race, color, or pre-
vious condition
Impeachment and Address
Impeachment, House of Representatives to have sole power of
Officers liable to
Grounds of
Action of grand jury not requisite in cases of. ....
to be tried by the Senate
Proceedings in trial of
of Chief Justice, Selection of presiding officer in case of
Judgment in, limited to removal from office, and disqualification
to hold any office of honor, trust or profit under this State
No bar to indictment
Case of, an exception to Governor's power to grant reprieves,
commutations of sentence, and pardons
of Governor, Office how filled in case of conviction upon„
of President of Senate during vacancy in office of Governor,
Governorship how filled in case of.
pending, regular biennial session of General Assembly may
exceed sixty days in duration
Imprisonment, except by judgment of peers or law of the land, prohibited
Imprisonment for debt, unless in cases of fraud, prohibited
Improvement, internal, of counties. County Courts to have exclusive orig-
inal jurisdiction in all matters relating to
Improvements .local, in towns or cities. Assessments on real property, for...
Inalienable rights of man
of freedom of conscience and of religious worship
Incompetency, Removal of county and township officers for
or gross neglect of duty. State Geologist may be removed for
Incorporation— see Corporations.
Incorporated Companies— see Corporations.
Indebtedness— see Debt, and Debts.
Indebtedness, Public, of State, of counties, and of municipal corporations
— see Debt, Public.
Independence, Natural, of all men
Indictment or presentment of grand jury, requisite to criminal prosecu-
tions, except in cases specified
Style of.
General Assembly may dispense with, in criminal matters
cognizable by Corporation Courts
Punishment for contempt or disorderly behavior in presence of
either house of General Assembly, not a bar to, for same offence
Proceedings to expel member of General Assembly for criminal
offence, no bar to
Impeachment no bar to
Removal of county and township officers upon
Individuals, General laws not to be suspended, by legislature, for benefit
of^
Ineligibility— see Disqualification .
Infamous crime. Conviction of, after adoption of Constitution, disquali-
fies for seat in General Assembly, or office of trust or profit
Infamy, public, "Witness in election investigations not permitted to with-
hold his testimony because it would subject him to
Infantry, Volunteer companies of.
Infants, above the age of six, entitled to gratuitous instruction in free
schools
Inferior courts— see Courts, Inferior.
Influencing public officer in performance of duty, by gift, promise, etc. ,
constitutes felony
Information, in writing, from officers of Ex. Department, Governor'may
require
Communication of, by GoTernor, to General Assembly
7
34
28
7
27
27
2
18
5
2
3
2
15
..
45
15
2
45
15
1
45
15
1
45
2
8
3
15
2
45
15
2
45
15
2
45
15
1
45
15
1
45
6
18
20
6
12,13 14 ,
18
6
13
18
5
17
12
2
21
5
2
16
5
7
28
27
19
27
60
2
2
2
2
24
6
7
27
27
10
2
40
2
2
2
2
8
3
7
49
31
7
43
30
5
12
12
5
36
16
15
1
45
7
27
27
3
9
8
11
2
40
14
1
44
5
35
16
6
7
17
6
8
18
clxviii INDEX TO CONSTITUTION.
Information, Removal of county and township oflScers upon
Inhabitants of the State, Enumerations of— see Census.
Injuries, Right to remedy for
to person or property, or resulting in death, Right of action
for
Injunction, writs of. Power of County Judge to issue, in absence of Cir-
cuit Judge from county
Insane persons not entitled to privileges of elector
Courts of Probate to have exclusive original jurisdiction, as
may be prescribed by law, in matters relative to
General Assembly to provide for support of institutions for treat-
ment of.....
Institutions, Counties and municipal corporations prohibited from appro-
priating money for, or loan of credit to
foreducationof deaf and dumb, and treatment of insane. Gen-
eral Assembly to provide for support of.
Instruction, gratuitous, in free schools. What persons entitled to
Instructions to juries,to declare the law, not matters of fact
to juries, to be reduced to writing on request of either party
Insurrection, Suspension of habeas corpus in case of
Levy of State tax. and appropriations of money, to suppress,
constitute exceptions to rule requiring vote of majority of two-
thirds of both houses of General Assembly
ij" Power of Governor to call out volunteers or militia to repress...
State may contract debts to suppress
Intelligence a safeguard of liberty and bulwark of free and good govern-
ment
Interest on part of Judge or Justice of the Peace to disqualify from presid-
ing at trial .".
in civil actions, no bar to competency of witnesses
imonetai-y] Rate of.
Interest-bearing evidences of indebtedness. Issue of, by counties or muni-
cipalities, prohibited
Interest-bearing treasury xvarrr ants or scriv, b'tate never to issue
Iniemalimprovement of counties. County Court to have exclusive origi-
nal jurisdiction in all matters relating to
Intestaie, Competency, in certain actions, of testimony as to transactions
with or statements of.
Intoxicating liquors. Sale or gift of, during day or night of election under
Schedule, prohibited .•
Invasion, Suspension of habeas corpus in case of.
Levy of State tax, and appropriations, to repel, constitute eX'
ceptions to rule requiring vote of majority of two-thirds of
both houses of General Assembly
Power of Governor to call out volunteers or militia to repel
State may contract debts to repel
Investigations of elections. Rule as to divulging elector's vote in
of elections. Rule as to self-crimination, etc., of witnesses in..
See, also. Elections, Contested,
Involuntary servitude, except as punishment for crime, prohibited
Items of appropriation bills. Power of Governor to disapprove
of appropriation bills, disappproved by Governor, to be void un-
less re-passed as prescribed in case of bill
J.
Jeopardy of life or liberty. No person to be twice put in, for same ofiFenco
Johnson County, General provisions of Art. XIII, Sec. 1, not to apply to
Johnson and Pope counties. Line between
Joint orders— see Orders.
Joint Resolutions— see Resolutions, Joint.
Joint Sessions:
Whenever an officer, civil or military, shall be appointed by the
joint or concurrent vote of both houses, or by the separate
vote of either house; the vote to be taken viva voce, and enter-
ed on the journals
Art.
Skc.
Pagk.
7
27
27
2
13
4
5
32
15
7
37
29
3
5
8
7
34
28
19
19
58
12
5
41
19
19
58
14
1
44
7
23
26
7
23
26
2
11
4
5
31
15
11
4
40
12
12
. 43
14
1
44
7
20
25
Sc
2
61
19
13
57
16
1
46
16
1
46
7
28
27
Sc
2
61
Sc
15
63
2
11
4
5
31
15
11
4
40
12
12
43
3
3
8
3
9
8
2
27
6
6
17-
20
2
8
3
13
1
43
13
1
43
INDEX TO CONSTITUTION. clxix
I
Returns of election for Governor, Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General respec-
tively, to be sealed up separately and transmitted to the seat
of government, by the returning ofiBeers, and directed to the
Speaker of the House of Representatives
Speaker of the House of Representatives, during the first week
of the session, to open and publish, in the presence of both
houses, the votes cast and given for Governor, Secretary of
State, Treasurer of State, Auditor of State, and Attorney-
General, respectively
Upon the publication of the votes for Governor, Secretary of
Treasurer, Auditor, and Attorney- General, respectively, the
'h person having the highest number of votes for each of the
respective offices, to be declared duly elected thereto
If two or more persons shall be equal and highest in votes for
office of Governor, Secretary, Treasurer, Auditor, or Attor-
ney-General, respectively, one of them to be chosen by the
joint vote of both houses, and a majority of all the mem-
bers elected to be necessary to a choice
Contested elections for Governor, Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General, to be deter-
mined by the members of both houses in joint session ; who
shall have exclusive jurisdiction in trying and determininit
the same, except as thereafter in the Constitution provided in
the ease of special elections [being the case of special elections
to fill vacancies in the office of Governor— See Art. VI, Sec. 14,
p. 18]
Contested elections for Governor, Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General, to be deter-
mined at the first session of the General Assembly after the
election in which the same shall have arisen
Joint seasiona of both houses of General Assembly; To witness opening and
publication of returns of election of officers of Executive De-
partment
Jones, Dudley, E., a member of the State Board of Supervisors of Election
under Schedule
Journal, Each house of General Assembly to keep, of its proceedings
of each house of General Assembly to be published from time to
time, except such parts as require secrecy
Yeas and nays, at desire of five members of either house of Gen-
eral Assembly, to be entered on
Yeas and nays, on final passage of bills, to be recorded on
of house to which bills disapproved are returned by Governor,
to have entered upon it at large his objections thereto
of house to which joint and concurrent orders or resolutions dis-
approved are returned by Governor, ^to have entered upon it
at large his objections thereto
of house to which items, disapproved, of appropriation bills, are
returned by Governor, to have entered upon it, at large, his
objections thereto
Journals, Vote on elections of officers in General Assembly to be entered
on «
of Senate and House of Representatives to have entered upon
them the names of members voting for and against bills return-
ed, by Governor, disapproved
of Senate and House of Representatives to have entered upon
them the names of members voting for or against joint and
concurrent orders or resolutions returned, by Governor, disap-
proved
of Senate and House of Representatives to have entered upon
them the names of members voting for or against items, re-
turned by Governor disapproved, of bills making appropria-
tions
Vote upon question of continuance of session after disposal of
business set forth in Governor's proclamation calling extraor-
dinary session, to be entered upon
Proposed amendments to Constitution, if agreed to by a majori-
ty of all membeis elected to each house, to be entered on, with
yeas and nays
17
Aet. Sec. Page.
Sc
7
62
5
12
12
5
12
12
5
12
12
5
22
IS
19
15
19
20
1. So
11, 28
5
7
7
20
8
35
7
23
7
9
7
21
17
36
7
36
2
21
15
1
7
42
clxx INDEX TO CONSTITUTION.
1.ET. Sec, PiOB.
Jbumafo.lPrinting, binding, and distributing, of, to be performed under
contract, to be given to lowest responsible bidder, below maxi-
mum price, under regulations to be prescribed by law
Judges, Oath of office of.
Salaries of, etc
ineligible to seat in either house of General Assembly
Disqualifications of, from presiding at trial
Offer to, or acceptance by, of consideration, to influence ofi&cial
action of, constitutes felony
Duties of, in matter of charges to juries
Judge* superior. Power of, to review, in vacation, orders fori injunction,
and other provisional writs, issued by County Judge in absenca
of Circuit Judge from county
Judges of Supreme Court— see Courts, Supreme, Judges qf.
Judges of Circuit Court — see Courts, Circuit, Judges of.
Judge of Chancery Courts — see Courts of Chancery, Judges of.
Judged of Pulaiki Chancery durt see Gturt— Pulaski Chancery, Judge of.
Judges of County Courts — see Courts, County, Judges of.
Judges of Probate Courts— see Courts, Probate, Judges of.
Judges of Courts of Common Pleas— see Courts of Common Pleas, Judge* of.
Judges of Corporation Courts — see Courts, Corporation, Judges of.
Judges of inferior courts — see Courts, Inferior, Judges of.
Judges of Elections— see Elections.
Judges of Election under Schedule— see Election under Schedule, Judges of.
Judges, Special :
of the Supreme Court
of the Circuit Courts
of County Courts
of Probate Courts
Judgment of peers
Judgement in impeachment, how limited
Judgments, final, of Justices of the Peace, Appeals from _
Homesteads not to be subject (with exceptions stated), to liens
of 9 3
See, also. Appeals.
Judicial Circuits 18
[For Table showing apportionment of counties to judicial
circuits, as prescribed until otherwise provided by General
Assembly, see at close of Index.]
Jumdiction, Exclusive, (with exception stated) of two heuses of Gen-
eral Assembly in joint session, in case of contested elections
for officers of Executive Department t 4
incases of imp5achment K
But see Courts, under separate head of each court
Juries, Charges to .-. 7 23
Jury, Right of trial by 2 7
Trial by, may be waived by the parties 1 7
Right of trial by, to extend to all cases at law, without regard
to amount in controversy 8 7
Division of opinion of, in criminal prosecution 2 8
Right of trial by, in criminal prosecutions 2 10
to ascertain amount of compensation for property or right of
way appropriated to use of corporations 12 9'
in question of parallelism or competition of lines of railroads
or canals 17 4
Jury, Grand— see Grand Jury.
ustice. Right to obtain 2 13
U8ti/?cation may be pleaded in criminal prosecutions for libel 2 6 3
Justices of Supreme Court— see Court, Swpreme, Judges of.
TiCES OP THE Peace :
Officers of the Judicial Dtpartment.-T'he 'i\xA\ei9.\ power of the
State is in part vested in Justices of the Peace 7 1 22
Election,— The qualified electors of each township shall elect the
Justices of the Peace for the term of two years 7 38 29
Number o/.— For every two hundred electors there shall be elected
one Justice of the Peace ; but every township, however small,
shall have two Justices of the Peace 7 39 29
Term of offlce.—They shall be elected for the term of two years.. 7 38 29
Qualifications.— A. Justice of the Peace shall be a qualified elec-
tor, and a resident of the township f«r which he is elected 7 il 30
INDEX TO CONSTITUTION. clxxi
Am. Sec. Pagb.
Commissions.— J natieea of the Peace shall be eommissioned by
the Governor T S8, 48 29, SI
Oath of office.— Before entering: on the duties of their respec-
tive oflBces, they shall take and subscribe to the following oath
or afiSrmation : "I. , do solemnly swear
(or afiBrm) that I will support the Constitution of the United
States, and the Constitution of the State of Arkansas, and
that I will faithfully discharife the duties of the office of Jus-
tice of the Peace, upon which I am now about to enter." 10 20 58
Endorsement of oath upon commission. — Their official oath shall
be endorsed on their commission 7 38 29
Other civil offices for which not disqualified. — Justices of the
Peace are eligible to a seat in either house of the General
Assembly „ §71
And to serve as election officers 3 10 S
Jurisdiction.— They shall have original jurisdiction in Ithe fol-
lowing matters :
1. Exclusive of the Circuit Court, In all matters of contract
where the amount in controversy does not exceed the sum
of one hundred dollars, excluding interest ; and concurrent
jurisdiction in matters of contract, where the amount in
controversy does not exceed the sum of three hundred dol-
lars, exclusive of interest 7 4 £9
2. Concurrent jurisdiction in suits for the recovery of personal
property, where the value of the property does not ^exceed
thn sum of three hundred dollars ; and in all matters of
damage to personal property where the amount in contro-
versy does not exceed the sum of one hundred dollars 7 40 29
3. Such jurisdiction of misdemeanors as is now, or maybe,
prescribed by law 7 40 29
4. To sit as examining courts, and commit, discharge, or rec-
ognize offenders to the court having jurisdiction, for further
trial; and to bind persons to keep the peace, or for good
behavior 7 40 29
5. For the foregoing purposes, they shall have power to issue
all necessary process 7 40 30
6. They shall be conservators of the peace within their respec-
tive counties 7 40 3#
Provided, a Justice of the Peace shall not have jurisdiction
where a lien on land, or title or possession thereto is involv-
ed 7 40 50
General Assembly may make criminal cases cognizable by Jus-
tices of the Peace, and courts of similar jurisdiction, which
shall form exceptions to the requirement of presentment or
indictment by a grand jury 2 H i
Superintending control and appellate jurisdiction of Circuit Courts.
—The Circuit Courts shall exercise a superintending control
and appellate jurisdiction over Justices of the Peace; and shall
have power to issue, hear, and determine, all the necessary
writs to carry into effect their general and specific powers,
any of which writs may be issued upon order of the Judge of
the appropriate court, in vacation 7 14 24
^j)peai8.— Appeals may be taken from the final judgments of
the Justices of the Peace, to the Circuit Courts, under such
regulations as are now, or may be, provided by law 7 42 30
Disqualification to preside at trial,— ^o Justice shall preside in
the trial of any cause in the event of which he may be inter-
ested, or where either of the parties shall be connected with
him by consanguinity or affinity, within fsuch degree Jas may
be prescribed by law; or in which he may have been of coun-
selor have presided in any inferior court 7 20 25
Quorum of th* County. — The Justices of the Peace of each
county, to sit with and assist the County Judge in levying
county taxes, and in making appropriations for the expenses
of the county, in the manner to be prescribed by law, and the
County Judges, together with a majority of the Justices, to
constitute the Court, who shall elect one of their members to
preside. The General Assembly to regulate, by law, the man-
ner of eompelling th« attendance of such quorum 7 30 27
clxxii INDEX TO CONSTITUTION.
But see Township officers, and, under head of Officers, sub-
head. "Provisions applicable to all public officers."
Knowledge essential to good gOYcrnment..
K
L.
Skc.
9
3
3S
13
1
43
13
4
44
7
32
28
7
40
30
2
28
7
Laborers' liens. Homestead subject to
Lafayette county, General provisions of Art. XIII, See. 1, not to apply to...
County line may run withing ten miles of county seat of
Land, Courts of Common Pleas not to be vested with jurisdiction in mat-
ters involving title to
Jurisdiction prohibited to Justices of the Peace where lien on,
or title, or possession to, involved
Lands, Tenure of (exclusively allodial)
sixteenth section, Transfer, from Pulaski Chancery Court, to
counties where lands located, of suits and proceedings re-
lating to, or to money due for 7 44 30
See, also, Beal property.
Law, the, Equality of all persons before, recognized, and ever to remain
inviolate 2 3 2
due process of. Right to 2 8 3
of the State not to be suspended or set aside, except by General
Assembly 2 12 4
of the land. None to be touched in life, liberty, property or
privilege, except in accordance with 2 21 5
See, also. Special Laws, and for full digest of restrictions
upon special and local legislation. General Assembly, un-
der sub-head of Powers Dtnied.
Common— see Common Law.
Laxos of the State not to be suspended or set aside, but by General As-
sembly
Right to remedy in the, for injuries and wrongs
Remedy for injuries and wrongs to be conformable to the
Bills of attainder prohibited
Ex post facto, prohibited '
impairing obligation of contracts, prohibited
making distinction between resident aliens and citizens, in the
matter of property, prohibited
giving preference to any religious establishment, .denomina-
tion, etc., prohibited
for protection of equal religious liberty, to be passed
contrary to provisions of Declaration of Rights, or to the other
provisions of the Constitution to be void
•whereby the right to vote at any election shall be made to de-
pend upon any previous registration of the elector's name,
prohibited '
election, of the State, Willful and corrupt violation of, to con-
stitute felony, and disqualify from ofl&ces of trust or profit-
Style of.
not to belpassed except by bill
Revival, amendment, and extension or conferment of pro-
visions, of.
local.'and special. Restrictions upon General Assembly, respect-
ing passage of. I But see, also, for full digest. "Special
Legislation"]
General, where applicable, no special law to be enacted
Pre-existing, on subject-matter of claims, indispensable to ap-
propriation or payment unless, etc
making appropriations, Requisites of.
making general appropriations. Restriction on contents of
Separate, and embracing, each, but one subject, required, to
make appropriations other than for ordinary expenses of leg-
islative, executive, and judicial departments of State 5 30 15
criminal, Indictment and punishment under, not barred by
proceedings to expel member of General Assembly 5 36 16
Faithful execution of, Governor to see to 6 7 17
2
12
4
2
13
4
2
13
4
2
17
5
2
17
5
2
17
5
2
20
--
2
24
,;
2
25
G
2
29
7
3
6
8
5
19
13
5
21
13
5
24, 2&, 26
11
5
25
U
5
27
14
5
29
15
5
30
15
INDEX TO CONSTITUTION. clxxiii
Laws, power of Governor to call out volunteers or militia to exe-
cute
General, creating'corporations, may be altered or repealed
regulating public schools, Execution of, to be vested as may
be provided by General Assembly
exempting -property from taxation, other than as provided in
Constitution, void
imposing taxes, to state distinctly the object thereof
for benefit of corporations. Condition of passage of.
Printing, binding, and distributing, of, to be performed under
contract, to be given to lowest responsible bidder, below maxi-
jr.j mum price, under regulations to be prescribed by law
Revision, digesting, arrangement, publication, and promulga-
tion, of.
not in conflict with Constitution, to remain in force until
amended or repealed by General Assembly
Exemption, in force at adoption of Constitution of 1868, to re-
main in force with regard to contracts made before that
time
See, also. Acts, and Bill».
Leases of lines of railroad or canal, by parallel or competing lines, their
lessees, etc, , prohibited
Legislation, Special— see Special Latoa, Loccd Lawe, and, for^fall digest
Special Legislation.
Legislative Department
Ordinary expenses of, to be provided for in general appropria-
tion bill
Legislative powers of State government confided to separate body of mag-
istracy
Legislative power vested in General Assembly
Legislature — see General Assembly.
Legitimation of children, not to be efi"ected by special law
Levy of taxes — see Tax, Taxation, and Toxm.
Levying war against the State to constitute treason
Liabilities of railroad or other corporations held or owned by State
See Debt and Debt*.
Libel, Criminal prosecutions f«r
Truth may be given in evidence, in
Liberties, Disseizure of, except by judgment of peers or law of the land,
prohibited
Liberty, civil and religious. Acknowledgement of gratitude! to God for
civil and religious, Perpetuation and security of, one of the
objects of the Constitution
Right of enjoying and defending, inherent and inalienable
of the press and of speech
None to be deprived of, without due process of law
personal, jeopardy of. No person to be twice put in, for same
offence
None to be deprived of, except by judgment of peers or law of
the land
religious. Natural and indefeasible right of.
of conscience. Right of.
of worship
of speech and debate, in session of General Assembly
Intelligence and virtue the safeguards of.
But see, also. Freedom.
Libraries used exclusively for* school purposes, exempt from taxation
Lien on land, jurisdiction prohibited to Justices of the Peace where in-
volved
Liens of judgments or decrees (with exceptions stated— see below).
Homesteads not subject to seizure under
specific, Homesteads subject to —
Laborers' or mechanics', for improvement. Homestead subject
to seizure under v
Life, Right of enjoying and defending, inherent and inalienable
jeopardy of. No person to be twice put in, for same offence
None to be deprived of, without due process of law
None to be deprived of, except by judgment of peers or law of
the land
Survivors' right of action for injuries resulting in loss of.
RT.
Sec.
Page.
11
4
40
12
6
42
14
4
45
16
6
47
16
11
47
17
8
50
19
15
57
19
17
58
So
1
60
4,5
1
9,10
5
30
15
4
1
9
5
1
10
5
24
14
2
14
4
5
33
15
2
21
5
Pr
1
Pr
1
2
2
2
2
6
3
2
8
3
2
8
3
2
21
5
2
24
6
2
24
6
2
24, 25
6
5
15
12
14
1
44
16
5
47
7
40
30
9
3
38
9
3
38
9
3
38
2
2
2
2
8
3
2
8
3
2
21
5
5
32
15
clxxiv INDEX TO CONSTITUTION.
Limitation, Statutes of, with regard to scaled and unsealed instruments,
in force at adoption of Constitution of 1118, to continue to ap-
ply to all instruments afterwards 'executed, until altered or
repealed
Limitations on Powers of General Assemblvs^t QentraliAstemblv, under
sub-head of Powers Denied.
Liquors, intoxicating. Sale or gift of, during day or night of •leetioB
under Schedule, prohibited
Little Rock to be and remain the seat of government
Loan of credit of counties or municipal corporations to aorporationi, In-
dividuals, etc., prohibited
of^credit of State, counties, and munieipalitiei. prohibited
Local LaxDs, Classes of, prohibited „
bills for, Publication of notice of intentioB to apply for
See Special Leoislatiok.
Local improvements in towns or cities. Assessments on real property for...
Lot, Casting of, at first session of Senate, to determine term of ofiSce of
Senators
Lotteries not to be authoriced by this State „ „
Lottery Ticfcet*, Sale of, not to be allowed
X«notic#— see Intant, and Insant persons.
Sec. Page.
M.
s«
15
63
1
2
12
5
41
16
1
46
5
24, 25
14
i
26
14
19
27
60
»
X
10
19
14
57
19
14
57
4
1
9
6
2
16
2
13
4
3
1
7
14
3
44
11
1. 1
7, 40
7
27
27
Magistracy, Each department of State gorerament eonflded to separate
body of.
Magistrate, Chief, styled " the Governor of the State of Arkansas "
Magistrates— SGQ Justices of ths Psact, and, for the Judge ef each court,
under Courts and the proper sub-head.
Magna Charta, Excerpt from, in relation to right to ebtain Justice
Male citizen „
Male inhabitant
Male persons
Malfeasance in oflSce, Removal of county and township offleeri for
Managers of Corporations — see Chrporations, anl Jtailroad Companies,
Canal Companies, and Tumpihs Contpmnist, under items rela-
tive to their oflScers.
Mandamus, Supreme Court may issue writs"of, in aid of its appellate and
supervisory jurisdiction , „ .- 7 4
Manufactures ,. 10
Exemption from taxation, of capital invested in 10 3
Manufacturing, (mining and agriculture,) bureau of, General Assembly
may create 10 1
Manufacturing interests of the State.JGeneral Assembly to pass laws foster-
ing and aiding 10 1
Marines of U. S. not to acquire residence by being stationed in the State... 3 7
Married women, Separate^property of 9 7, 8
Scheduling of separate personal property of. 9 8
Materials used exclusively for public charity. Exempt from taxation 16 5
Mayor's Courts — see Courts, Chrporation.
Mechanics' liens for improvement. Homestead subject 9 3
Members of Congress—see Congressmen.
Members of General Assembly — see Senators and Repres^ntativs*.
Messages, 'RegMl&T, of Governor, to General Assembly
of Governor, returning bills disapproved
of Governor returning joint and concurrent orders or resolutions
disapproved
returning items, disapproved, of billa making appropria-
tions „
to General Assembly, communicating pardons, reprieves, ete...
Mileage of members of General Assembly
of members of General Assembly, during two years from adop-
tion of Constitution
Military at all times to be in strict subordination to tke eivil power
power never to interfere to prevent free exercise of right of suf-
frage
officers, appointed by General Assembly, to be elected viva
voce, and vote entered OBJowBals
8
18
15
19
16
20
17
20
18
20
Se
16. 28
12. 67
Sc
28
67
2
27
7
3
2
7
ft
14
12
6
6
17
11
1
40
1
11
40
11
2
40
11
i
40
INDEX TO CONSTITUTION. cl'xxv
Art. Sec. Pj^ge.
MUitary forces of State, Governor to b« Commander-in-Cliief of (with
exception stated) 6 6 17
Military duty. Who subject to 11 .1 40
See, also, Militia, and Army.
MUitia ; H •• 40
Militia in actual service in time of war or public danger, Action of grand
jury not requisite in case of offences arising in 2 8
Militia, IGovernor to be Commander-in-Chief of (with exception
stated)
of whom to consist
Organization, oflBceriug, arming, equipment, and train-
ing of.
Volunteer companies of
Power of Governor to call out
(with exceptions stated) Privileged from arrest during attend-
ance at musters and elections of oflScers, and going to and re-
turning from the saiiie
Members of, may serve as officers of election
Militia office. Treasurer, Secretary, and Auditor, of State, and Attorney
General, prohibited from, holding
Militia officers. Oath of office of ".
eligible to seats in General Assembly
eligible to executive or judicial office
Miners, Security of life, health, and safety of.
Mining
Exemption from taxation of capital invested in
Mining interests of the State, General Assembly to pass laws fostering
and aiding
Mining, Manufacturing, '.and Agricultural Burtau, General Assembly may
create
Ministry, None rightfully compellable to maintain any, against bis con-
sent
Minority of Senate and House of Representatives, Powers of, to adjourn
from day to day, and compel attendance of absent mem-
bers
Minor children. Homestead exemption for benefit of.
Minors, Apprenticeship of.County Courts to have exclusive original juris-
diction in all matters relating to
Misappropriation of public school fund, or of money or property be long-
ing to State for benefit of schools or universities, pro-
hibited
Miscellaneous Provisions ■.
Misdemeanors, Jurisdiction of Justices of the Peace in
Misfeasance in office. Removal of county and township officers for
in matter of use of public moneys, by officers of State, or
members or officers of General Assembly
Mobs, Power of Governor to call out volunteers or militia to disperse
Money, Public, Collectors or holders of, ineligible to General Assembly,
or to office of trust or profit, until account and payment of all
sums for which liable „
public, embezlement of. Conviction of, after adoption of Con-
stitution, disqualifies for seat in General Assembly, or office of
trust or profit „
to influence action of public officer. Person offering, and officer
consenting to receive, guilty of felony -
bills making appropriations of, Power of Governor to disap-
prove items of
Disbursements of. for county purposes. County Courts to have
exclusive original jurisdiction in all matters relating to
Acts authorizing issue of paper to circulate as, prohibited
belonging to school funds, how to be employed
public. Publication of receipts and expenditurea ©f..„
Money, Appropriation o/— see Appropriations.
Moneys, Public, Misuse of, by officers of State, or members or officers of
General Assembly
arising from taxes levied for any purpose, to be used for no
other
Disbursement of, from treasury
Public, to be turned over to officers chosen at first election
Monopolitt declared •ontrarj U (SDiDt cf » npabU*. aa4 piokibittd
6
22
21
19
, 20
58
5
7
11
19
26
60
19
18
58
10
3y
10
3
40
10
1
39
10
1
.39
2
24
6
5
11
11
9
6, 10
38. 39
14
2
45
19
55
7'
40
29
7
27
27
16
3
46
11
4
40
5
9
11
6
3J
16
6
17
2Q
7
28
28
12
10
■ 42
14
2
44
19
12
57
16
11
47
16
12
48
Sa
21
66
2
19
5
clxxvi INDEX TO CONSTITUTION.
Morality essential to good government ;
General Assembly may delegate the taxing power, with the ne-
cessary restrictions, to, to extent of providing for their exis-
tence, maintenance, and well-being, but in further
Municipal boardi, commissions, or trusts, OflScers of (aldermen not inclu-
ded) , disqualified for service as oflBcers of election
Municipal corporations
Power of Supreme Court to issue writs of quo warranto
to oflScers of.
Appeals from allowances made for or against
General Assembly to provide, by general laws, for organization
o^
General Assembly to provide, by general laws, specified restric-
tions of powers of
Restrictions upon powers of taxation and assessment by
Restrictions upon powers of borrowing money and contracting
debts by
forbidden to pass laws contrary to the general laws of the State-
not to become stockholders in any corporation, etc.,
not to obtain or appropriate any money for, or loan credit to,
any corporation, individual, etc
Assumption of liabilities of, by the State
never to loan credit for any purpose •.
to issue no interest-bearing evidences of indebtedness, except
bonds, authorized by law, to provide for and secure payment
of indebtedness existing at date of adoption of Constitution...
Taxes of, in what funds payable
order.i Or warrants of, receivable for corporation taxes
Right of citizens to institute suit for general protection of in-
habitants against enforcement of illegal exactions
Salary, fees, and perquisites, of officers of, not to exceed five
thousand dollars net profit per annum, in par funds
Officers of, to pay into trea,sury of their respective corporations,
all sums by them received in exee.^is of five thousand dollars
net profit, per annum, in par funds
Assessments by, on real property, for local improvements, may
be authorized by General Assembly
See, also. Corporations.
Municipal Courts— see Courts, Corporation,
Municipal offices, subordinate. Eligibility of officers of election to. at
election at which they may serve
Appeals in cases of contested elections for
Muster, Privilege from arrest, of volunteers and militia,, during attend-
ance at
N.
Names of persons, not to be changed by special law
of members of General Assembly voting for or against bills re-
turned, disapproved, by Governor, to be entered on journals.,
of members of General Assembly voting for or against joint and
concurrent orders or resolutions, returned by Governor, dis-
approved, to be entered on journals
of members of General Assembly voting for or against items,
returned by Governor, disapproved, to be entered on jour-
nals
Naval forces of State. Governor to be Commander-in-Chief of (with ex-
ception stated)
Naval service of U- S., Militia, when called into, not to be commanded
in chief by Governor
Navy of the U. S.. Action of grand jury not requisite in case of
ofiFencJS arising in
Sailors and marines of, acquire no residence by reason of being
stationed in the State
Necessary expenses of government, Levy of State tax, and appropriations
of money for defraying
Non compos mentis. Courts of Probate to have exclusive original jurisdic-
tion, as may be prescribed by law, in matters relative to per-
PODB , ,
Art.
Skc.
Page.
2
25
6
2
23
6
3
10
8
12
41
7
5
23
7
51
32
12
3
41
12
3
41
12
3, 4
41
12
3, 5
41
12
4
41
12
5
41
12
5
41
12
12
43
16
1
46
16
1
46
16
10
47
16
10
47
16
13
48
19
23
59
19
23
59
19
27
60
3
10
9
7
52
32
11
3
40
5
24
14
6
15
19
6
16
20
6
17
20
6
6
17
6
6
17
2
8
3
3
•7
8
5
31
15
INDEX TO CONSTITUTION. clxxvii
Non-feasance ia cffice. Removal of county and township officers for
Non-user, Annulment of charters for, by virtue of adoption of Constitu-
tion
Notaries eligible to seats in General Assembly
eligible to executive or judicial office
Notaries Public may serve as officers of election
Notes, Acts authorizing issue of, to circulate as money, prohibited
Notice of intention to apply for local or special bills
by proclamation, of Governor's disapproval of bills, return
of which has been prevented by adjournment of General As-
sembly
Numbering of names and ballots atelection under Schedule
O.
Art.
Sec.
Page.
7
27
27
12
1
41
5
7
11
19
26
60
3
10
8
12
10
42
5
26
14
6
15
19
So
14
63
Oath or affirmation requisite to issue of wiirrant of search and seizure 2 15 5
^ Nothing in Art. II, Sec. 26, (respecting religious tests, etc) to
t be construed as dispensing with 2 26 6
of secrecy, required of officers of elections 3 3 8
of Senators, in trials of impeachment 15 2 45
Oath of office „ .^^ ^ 19 20 58
of Justices of the Peace 7 28 29
of Constables, to be endorsed on certificate of election 7 47 31
Obedience — Power of each house of General Assembly to enforce obedi ence
to its process 5 12 11
06;ec<t07i« of Qevernor, to bills disapproved 6 16 19
of Governor, to bills return of which has been prevented by ad-
journment of General Assembly, to be filed in office of Secre-
tary of State 6 15 19
of Governor, to joint and concurrent orders or resolutions 6 16 20
of Governor to items, disapproved, of bills makinar appropria-
tions, to be entered on journal as prescribed in case of other
bills 6 17 20
06Kffah*on o/ contracts. Laws impairing, prohibited 2 17 5
OftKsrations of railroad or other corporations, held or owned by State 5 S3 15
Offence, No person, for same, to be twice put in jeopardy of life or lib-
erty 2 8 3
No person, except in cases specified, tc be held to answer for,
but upon presentiment or indictment 2 8 2
0#ence8, OoptVa^ Persons charged with, when not bailable 2 8 4
Jurisdiction of, prohibited to corporation courts 7 43 SO
Offences, criminal. Proceedings to expel member of General Assembly
for, not to bar indictment and punishment for same offence... 5 36 16
Jurisdiction of corporation courts over 7 43 30
Offences punishable by imprisonment in the Penitentiary— see Felony.
Offer of thing of value, testimonial, privilege or personal advantage, to
influence action of public officer, or the acceptance of such
offer by the officer, constitutes felony 5 36 16
Offers of bribes. Power of each house of General Assembly to protect its
members against 5 12 11
Office, Religious test never to be required as qualification for 2 26 6
Disqualification for, by reason of willful.and corrupt violation
of election laws 8 6 8
civil. Officers of election ineligible to any (with exceptions
specified) to bo filled at any election at which they may serve... 3 10 9
Disqualification for membership of General Assembly, by reason
of holding 5 7 11
of trust or profit. Collectors or holders of public money, their
assistants or deputies, ineligible to, until account and payment
of all sums for which liable 5 8 11
of trust or profit. Conviction, after adoption of Constitution, of
embezzlement of public money, bribery, forgery, or other in-
famous crime, disqualifies for 5 » 11
civil, under the State, No Senator or Representative, during term
for which elected, to be appointed or elected to
of Commissioner of State Lands may be established
of Commissioner of State Lands, Continuance or abolition of...
18
5
10
11
6
1
16
Sc
24
66
6
22
21
G
22
21
6
23
21
7
10
24
7
18
i5
10
2
40
clxxviii INDEX TO CONSTITUTION.
Art. Sec. Page.
OMce, of Governor, Person holding other office, under authority of
State of Arkansas or United States, except as by the Constitu-
tion provided, not to exercise 6 11 18
of Governor, Vacancy in, how filled 6 12,13,14 18
of Governor, how filled in case of concurrent vacancy in Govern-
orship and Presidency of Senate, or absence of both officers
from State 6 13 18
of Governor, how filled in case of vacancy not happening within
twelve months next before expiration of term of office for
which he shall have been elected 6 14 18
Treasurer, Secretary, and Auditor, of State, and Attorney-
General, to hold no other. State, United States, or otherwise,
at one and same time
of Treasurer, Secretary, or Auditor, of State, Case of vacancy
in
Vacancy in, in case no mode is provided, by Constitution and
. laws, for filling the same, to be filled by appointment of Gov-
ernor
Judges of Supreme Court to hold no other
Judges of Circuit Courts to hold no other
of State Geologist, may be created, under conditions specified
Removal from, and disqualification for, the penalty in cases of
impeachment
Officers of State, and members or officers of General Assembly,
misusing public moneys, disqualified from holding, for five
years
civil. Disqualification of atheists for
Disqualification for, of duelists and their abettors
Qualifications of elector requisite to the holding of.
Place of, of district, county, and township, to be such as desig-
nated by law
State, General Assembly not empowered to create any perma-
nent, unless expressly provided for by this Constitution
OMce, Term of- see Term of office.
Removal from— see Removal.
Offices disqualifying holder for service as officer of election
subordinate, municipal or local. Officers of election eligible to.
at election at which they may serve
[as places of official businessj of officers of Executive Depart-
ment, to be kept at seat of government
Special elections to fill vacancies in
County, township, or municipal. Appeal in; contested elections
for
Plurality of, except as expressly directed or permitted by Con-
stitution, prohibited
Officers :
1. Provisions applicable' to all public officers:
Officers holding lucrative office under the United States or State, with
exceptions Specified, ineligible to seat in either house of Gen-
eral Assembly
Extra compensation to, after the service shall have been ren-
dered, prohibited, unless allowed by bill passed by two-thirds
of members elected to each branch of General Assembly
Offer to, or acceptance by, of consideration, to influence public
action of, constitutes felony
under authority of State of Arkansas not to exercise office of
Governor, except as in the Constitution provided
General Assembly to fix salaries and fees of
Salaries and fees of, not to be paid at other than par value
must possess qualifications of electors
to continue in office, after expiration of their official terms,
until their successors are elected and qualified
General Assembly to regulate deductions from salaries of, for
neglect of duty
Oath of office of. „.
State, county, city, or town, not to receive, directly or indi-
rectly, for salaries, fees, and perquisites, more than five thou-
sand dollars, net profit, per annum, in par funds
16
3
46
19
1
55
19
2
55
19
3
55
19
4
56
19
9
56
3
10
8
3
10
9
6
1
16
7
50
31
7
52
32
19
6
56
5
27
14
5
35
16
6
11
18
16
4
46
16
4
46
19
3
55
19
5
56
19
8
56
19
20
&8
INDEX TO CONSTITUTION. clxxix
2. Provisions applying to particular classes of public officers :
Officers (except Constables) provided for in Art. VII of Constitution,
[i. e., judicial officers, officers of courts, and county officers],
to be commissioned by Governor
to be commissioned by Governor, Returns of election of.
Appointment of, by Governor, to fill vacancies occurring within
specified periods preceding next general election
civil, for State at large, to reside within the State
of State government, not to be interested in contracts for sta-
tionery, paper, fuel, printing, binding, or distribution of doc-
uments, for State government, or repairing and furnishing
halls and rooms of General Assembly
of the State, General Asfcsembly to prevent, by law, grant of free
passes to, by railroad or transportation companies
of State, Salaries of during two years from adoption of Con-
stitution
of Executive Department, how chosfcn
of Executive Department, Returns of election of.
of Executive Department, Contested elections for
of Executive Department, how chosen in case of tie
of Executive Department, Governor may require information,
in writing, from, etc
of counties, Election of.
civil, for districts, counties, and townships, to reside within
their respective districts, counties, or townships....
civil, of districts, countieg, and townships. Places of office of...
of political corporations, Power of Supreme Court to issue writs
of quo warranto to
Each house of General Assembly to appoint its own
appointed by General Assembly, or either house thereof, to be
elected viva voce, and vote recorded on journals
See, also
of militia, how appointed
of militia eligible to seats in General Assembly
of militia, and of public schools, and Notaries, eligible to execu-
tive or judicial office
of public schools, eligible to seats in General Assembly
to supervise public schools and execute laws regulating them,
General Assembly to provide for
of election, to number every ballot,and record number opposite
name of elector presenting
of election, to be sworn to secrecy, unless in cases specified
of elections. Disqualifications for service as
of election, ineligible to any civil office (with exceptions speci-
fied), to be filled at an election at which they may serve
of election. Votes unlawfully excluded by, to be counted upon
trial of contest
returning officers of elections for officers of Executive Depart-
ment, Duty of.
of United States, not to exercise office of Governor
State, county, and township. First election for
State, chosen at first election, Return and announcement of
chosen at first election, to be commissioned by Governor
except of Executive Department of the State, chosen at first
election, when to enter upon discharge of duties of theii'
Page.
7
48
31
19
10
56
7
50
31
19
4
56
chosen at election under Schedule, Term of office of.
in position at date of ratification of Constitution, to vacate office
on qualification of successors
whose offices not abolished by Constitution, to continue, in office
until election and qualification of successors
But see State Officers, General Assembly, under sub-heads of
"Presiding Officers," and "Officers other than presiding,"
Judges, Courts, County Officers, Township officers. Compensa-
tion, etc., and for each office, under the appropriate head.
Officers of canal companies— see Canal companies.
Officers of railroad companies— see Jiailroad eompanies.
Officers of turnpike companies— see Turnpike companies.
Opening of votes for officers of Executive Department *>
Opinions, Right to free communication of. 2
19
15
57
17
50
Sc
28
67
6
16
6
17
6
17
'
17
6
17
7
46
31
19
56
19
56
7
23
5
11
11
5
14
12
3
12
9
11
40
5
11
19
26
60
5
11
14
45
3
3
8
3
3
8
3
10
8
3
10
9
3
11
9
6
3
16
6
11
18
Sc
3
61
So
17
64
Sc
18
65
Sc
20
65
Sc
26
67
Sc
21
66
Sc
24
66
clxxx INDEX TO CONSTITUTION.
Orders, reqairingr concurrence of both houses of General Assembly, ex-
cept on questions of adjournment, to be presented to Governor,
and, before taking effect, to be approved by him
requiring concurrence of both houses of General Assembly,
except on question of adjournment, if disapproved by Gov-
ernor, to be repassed by both houses, as in case of bill
of counties, towns, and cities, receivable for taxes thereof, res-
pectively
Ordinary expenses of State government to be provided for in general ap-
propriation bill
Outlawry, except by judgment of peers, or law of the land, prohibited
Overt act in case of treason
Paper for use of State government, to be furnished by lowest responsible
bidder, below maximum price, under regulations to be pre-
scribed by law
for useof State government. No member or oflBcer of government
to be interested in contract for
[in nature of bills of credit] Acts authorizing issue of, to circu-
late as money, prohibited
Papers, security of, against unre isonable searches and seizures. Right
to :..
official, to be turned over to officers chosen at first election
Parallel lines of railroads or canals
Pardons, Governor to have power, except in cases of treason and im-
peachment, to grant, after conviction
in cases of treason. Governor may grant by and with advice
and consent of Seaate
Each case of, to be communicated, by Governor, to General
Assembly, with his reasons therefor, and prescribed state-
ment of particulars
Parliamentary law and practice— see under principal head of
General Assembly, and, throughout the digest under that
title, the sub-heads "/» matter of procedure "
Parliamentary privilege
Parties in civil actions. Competency of, as witnesses
Passage, of bills
over veto, of bills disapproved by Governor
over veto, of joint and concurrent orders or resolutions
See, also, under General Assembly, principal head, the
sub-head of Vetoes.
over veto, of items, disapproved by Governor, in bills making
appropriations
Passage, Free, grant of, by railroad or transportation companies to officers
of the State, General Assembly to prevent by law
Paupers County Courts to have exclusive ori? inal jurisdiction in all mat-
ters relating to
Contracts for care and keeping of, where there are no alms-
Aet.
Pay — ^see Compensation
Payment of all public money to be rendered by collectors, holders, etc.,
before they shall become eligible to General Assembly, or
office of trust or profit
of money on claims the subject-matter of which shall not have
been provided for by existing laws, prohibited, unless allowed
by bill passed, by two-thirds of members elected to each
branch of General Assembly
of all just and legal debts of the State, General Assembly, from
time to time, to provide for
of public moneys. Publication of.
Payments from the treasury to be made only in pursuance of specific ap-
propriation, by law, made in manner specified
Peace, Judges of Supreme Court to be conservators of throughout the
State
Circuit Judges to be conservators of, within circuit for which
elected
Sec.
Page.
16
20
16
20
10
47
30
15
21
6
14
5
19
15
57
19
15
57
12
10
42
2
15
5
Sc
21
66
17
4
49
6
18
20
6
18
20
5
15
12
Sc
2
61
5
22
13
6
15
19
6
16
20
6
17
20
17
7
50
7
28
27
19
16
58
5
16
12
16
2
46
19
12
57
5
29
15
7
4
22
7
14
24
5
15
12
11
3
40
11
4
40
2
27
6
2
27
7
Sc
7
62
16
5
47
2
21
5
5
11
11
15
1
45
17
10
50
17
13
51
19
2
55
Sc
15
63
Sc
25
67
INDEX TO CONSTITUTION. clxxxi
Art. Sec. Page.
Justices of the Peace to be conservators of, within their respec-
tive countio? 7 40 29
Justicts of the Peace to have power to bind persons to keep 7 40 29
Peace, Breach of the. Case of, constitutes exception to elector's privilege
of freedom from arret>t 3 4 8
Case of, or of surety of the peace, constitutes exception to Se i-
ators' and Representatives' privilege of freedom from ar-
rest
Case of, Privilege of volunteers and militia from arrest, at mus-
ters, etc., not to extend to
Peace, public. Power of Grovernor to call out volunteers or militia to
preserve
Peace, time of. Standing army not to be maintained in
Quartering of soldiers in
Peay, Gordon N., a member of State Board of Supervisors of Election
under Schedule
Peddlers, General Assembly may tax
Peers, Judgment of.
Penal cases— see Prosecutions, Crim,inal, and Crime.
Penal prosecutions— see Prosecutions, Criminal.
Penal purposes. Corporations for
Penalties upon members of General Assembly, for absence. Each house
may provide, and number less than quorum enforce
in cases of impeachment
to be provided for abuses, unjust discrimination, and excessive
charges, by railroad, canal, and turnpike oompanies
to be provided fir failure of railroad companies to make annual
report to Auditor of Public Accounte
in cases of dueling
for sale or gift of intoxicating liquors during day or night of
election under Schedule
of malfeasance of officers of election under Schedule
But see, also, Punishment.
People of the State of Arkansas, Constitution or iained and established
bv the, to perpetuate civil and religious liberty, and secure
the same to themselves and their posterity
all political power inherent in the
Government instituted for the protection, security and benefit
of the
Right of, to abolish, alter, or reform, their government,
in such manner as they may think proper
Submission of proposed amendments to the Constitution, to
the
Submission of the Constitution to the, for ratification
Certain righto retained by the, and not enumerated in Declara-
tion of Rights 2 29 7
For further references to the right* and liberties of the peo-
ple, see under head of the particular subject.
Per d!cni—see Compensation 5 16 12
Perjury in trials of contested elections, and proceedings for investigation
of elections. Witnesses' own testimony may be used against
him in prosecutions for 3 9 8
PejpctuittVs declared contrary to genius of a republic, and prohibited 2 19 5
Personal advantage. Offer, gift, or promise, of, to public ofiicer 5 35 16
Personal liberty— see Liberty.
Perquisites— see Fees.
Separate County Clerks — see Clerks, County.
Perso)*, Right to remedy for injuries to
Security of, against unreasonable searches and seizures. Right
to
Taking or imprisonment of, except by judgment of peers or
law of the land, prohibited 2 21 5
Right of action or injuries to 5 32 15
damages to, Railroads to be responsible for 17 12 50
Persons of unsound mind. Courts of Probate to have exclusive original
jurisdiction as may be prescribed by law, in matters relative
to
Personal property, suits for recovery of. Jurisdiction of Justices of the
Peace in ,
Pr
1
2
1
2
2
1
2
2
1
2
19
22
59
Sc
3 to 17
61 to 64
2
13
2
15
2
21
5
32
17
12
7
34
7
40
Lrt.
Sec.
Page.
7
40
29
9
37
9
37
9
39
17
11
50
19
11
56
19
23
59
2
3
19
56
19
56
2
2
Sc
62
14
44
Sc
16
64
13
43
13
43
7
22
Pr
1
5
11
5
33
15
2
2
clxxxii INDEX TO CONSTITUTION.
/'ersonoZ proper^, damage to. Jurisdiction of Justices of the Peace in
matters of.
Exemption of, from seizure for debt by contract:
of residents, not heads of families
of residents, heads of families
Separate, of femene covert
Rolling stock and all other movable property of railroadcom-
panies to be considered and treated as
Perqiusites, State ofiScers (Prosecuting Attorneys excepted) not to receive
to their own use
of public oflBcers, not to exceed five thousand dollars, net profit,
per annum, in par funds
Petition, right of.
Placeof office, of district, county, and township officers, to besuch as des-
ignated by law
Plurality of offices, except as expressly directed or permitted by Constitu-
tion prohibited
Police courts— see Courts, Corporation.
Political corporations- see Corporations, and Municipal corporations.
Political power. All, inherent in the people
Poll-Boohs tor election under Schedule
Poll-tax oi one dollar, for school purposes, prescribed
Polls at election under Schedule
Pope and Johnson counties. Line between
Pope county. General provisions of Art. XIII, Sec. 1, not to apply to
Pppuiafion of State when amounting to one million, General Assembly
may increase number of Judges of Supreme Court to five
Porterttj/, Security to, of blessings of liberty, one of the objects of the
Constitution
Postmasters eligible to seat in General Assembly
Po«(ponemcnt of obligations or liabilitiei of corporations, held or owned
by State prohibited
Power, AH political inherent in the people
of taxation. State's, may be delegated to political and muni-
cipal corporations, to extent specified 2 23 6
Military or civil, never to interfere to prevent free exercise of
right o' sufiFrage 3 2 7
Military, at all times to be in strict subordination to the civil.. 2 27 7
Legislative, vested in General Assembly 5 1 10
Supreme executive, vested in Chief Magistrate, styled Govern-
or, etc ." 6 2 16
Judicial, where vested 7 1 22
to tax corporations or corporate property, not to be surrendered
or suspended by any contract or grant to which the State may
be a party 16 7 47
Pow«r». Just, of government, derived from consent of the governed 2 2 2
higher, delegated by the Constitution, Provision of safeguard
against transgression of. 2 29 7
of the State government, how divided.... 4 .. 9
belonging to either department of government, not to be exer-
cised by any person or persons belonging to another depart-
ment, except as prescribed in Constitution, after Art. IV 4 2 9
of each house of General Assembly 5 11,12, 11,13,15
18,28
Powerjt, grant of which is within jurisdiction of the courts, not to be
conferred by special law 5 25 14
of corporations — see Art. XII, passim.
of the General Assembly— see General Assembly, under sub-heads of
Powers Discretionary, and Powers Denied.
Practice in criminal prosecutions for libel 2 6 3
Preamble . . . . 1
Pre-existing laws, on subject-matter of claims, indispensable to appro-
priation or payment, unless, etc
Pre/er«nee never to be given, by law, to any religious establishment, de-
nomination, or mode of worship, above any other
Presentment or indictment of grand jury, requisite to criminal prosecu-
tions, exoept in cases specified
Presentment, Removal of county and township officers upon
Presiding Officer, Each house of General Assembly to elect, etc
of Senate to be styled President of the Senate
of House to be styled Speaker of the House of Representd,-
tires
5
27
14
2
24
6
2
8
3
7
27
27
5
18
13
5
18
13
INDEX TO CONSTITUTION.
clxxxiii
President of Constitutional Convention, in case of all places on State Board
of Supervisors of election under Schedule becoming vacant
at same time, to fill vacancy
President of the Senate ,
Election of
Term of office of.
in case of vacancy m office of Governor, his disability or ab-
sence, to succeed to powers, duties, and emoluments of office,
for remainder of term, till removal of disability, or till elec-
tion and qualification of the Governor
exercising office of Governor, in case of vacancy not happening
within twelve months next before expiration of Governor's
term, to cause election to be held to fill such vacancy, etc
a member of Board of Canvassers of returns of election to fill
vacancy in office of Governor
to certify { with Speaker of House), to Governor, fact of disa-
greement between the wo houses of the General Assembly,
with respect to time of adjournment
Presidents of Corporations — see Corporations, and Railroad Companies.
Canal Companies and Turnpike Companies, under items rela-
tive to their officers.
Press, Liberty of the, to remain forever inviolate
liberty of the. Responsibility for abuse of
Presumption, Great, in case of capital ofi"enceg, to exclude from ball
Preoiovs condition. No distinction in point of civil rights of duties, on
account of.
Printing of laws, jouraals, and department reports, and other printing,
to be performed under contract, to lowest lesponsible bidder,
below maximum price, as shall be prescribed by law
for use of State government, contract for furnishing, to be sub-
ject te approval of Governor, Auditor, and Treasurer
for State government. No member or officer of government to
be interested in contract for '.'.
Private property not to be taken, appropriated, or damaged, without
just compensation
See, also. Eminent domain, and corporations.
Private corporations
See, also, corporations.
Private property. Foreign corporations to have no power to condemn or
appropriate
Private solicitations, Power of each house of General Assembly to pro-
tect its members against
Privilege of free choice of form government
of writ of habeas corpus, Suspension of
citizen not to be deprived of, on account of race, color, or pre-
vious condition ."
of writ of habeas corpus. Suspension of
Elector's, of freedom from arrest
of members of General Assembly, of freedom from arrest
of members of General Assembly, of freedom from question
elsewhere for speech or debate in either house
offer of. to influence action of public officer, or acceptance of
by officer, constitutes felony
of volunteers and militia, from arrest
Privileges of corporations— see Art. XII, passim.
Equality of.
Hereditary, forever prohibited
Disseizure of, except by judgment of peers or law of the land,
prohibited
of elector, Idiots and insane persons not entitled to
grant of which is within jurisdiction of the courts, not to be con-
ferred by special law
special or exclusive, under which ftonajide organization be not
made, and business commenced in good faith, at time of
adoption of Constitution, declared invalid
General Assembly may tax
of foreign corporations doing business in this State, Regular
tions concerning
Probate Courts— see Courts, Probate.
Sec.
PlGE.
5, 6
7 62
18 13
18 13
18 13
18. 12 13, 18
19
16
5
19
15
57
19
15
67
2
22
6
12
4
12
11
42
5
12
11
Pr
1
2
11
4
2
3
2
2
11
4
3
4
8
5
15
12
5
15
12
5
35
16
11
3
40
2
18
5
2
18
5
2
21
5
3
5
8
clxxxiv INDEX TO CONSTITUTION.
I'robate bu8ines8, jurisdMion of, transferred from Circuit to Probate
Courts
Probate of ?ciii8. Jurisdiction of. vested in Courts of Probate
Proceedings, Each house of General Assembly may determine the rules
of its'own
Journal of, to be kept by each house of General Assembly
to expel member of General Assembly for criminal offence, not
to bar indictment and punishment for same offence
Proceedings for investigation of elections— see Elections, Contested.
For other proceedings, see under head of the particular
subject-matter of proceeding.
Procedure— see General Assembly, under the head of Proceedings,
and under the sub-heads, throughout that entire title, of "a.
In matter of procedure," Reference to the procedure in any
particular instance will be found in the General Index, under
the appropriate head.
Process, due, of law. Right to
compulsory, for witnesses. Right of accused to
civil. Exemption of electors from, during attendance at elec-
tions
Power of each house of General Assembly to enforce obedience
to its
civil, Exemption of members of General Assembly from, dur-
ing session, etc
Power of Justices of the Peace to issue
judicial. Style of
Proclamation for election to fill vacancy in office of Governor
by Governor, of disapproval of bills, return of which has been
prevented by adjournment of General Assembly
by Governor, convening General Assembly on extraordinary
occasions
by Governor, convening General Assembly at place other than
seat of government
of Governor, enjoining preservation of good order, etc., on day
of election under Schedule
Prohibition, Supreme Court may issue writs of, in aid of its appellate and
supervisory jurisdiction
Prohibitions to General Assembly -see General Assembly, under head
of Powers Denied.
Profit, Offices of— see Offices.
Promise of value, testimonial, or advantage, to influence action of public
officer, or the acceptance of such promise by the officer, con-
stitutes felony
Property, Inherent and inalienable right of all men tp acquire, possess
and protect
None to be deprived of, without due prccees of law
Right to remedy for injuries to
Distinctions of law between resident aliens and citizens, in
matter of, prohibited
None to be deprived of, except by judgment of peers or law of
the land
Right of, before, and higher than, any constitutional sanction...
Private, not to be taken, appropriated, or damaged, for pnblic
use, without just compensation therefor
Right of action for injuries to
appropriated to use of corporations. Compensation for
private. Foreign corporations to have no power to condemn or
appropriate
belonging to school funds, how to be employed
taxable. School tax upon, prescribed
General Assembly to direct equal and uniform valuation of, for
purposes of taxation
taxable. No one species of, to be taxed higher than another
species of equal valuation
Exemption of, from taxation
of corporations. Surrender or suspension of power to tax, pro-
hibited
of incorporated companies. State'e right of eminent domain
over
Sec. Page
Sc
23
66
7
34
28
5
12
11
5
12
12
2
8
3
2
10
4
3
4
8
5
12
11
5
15
12
7
40
30
7
49
31
6
14
18
6
15
19
6
19
20
6
19
20
?c
6
62
7
4
22
5
35
16
2
2
2
2
8
3
2
13
4
2
20
5
2
21
5
2
22
6
2
22
6
5
32
15
12
9
42
12
11
42
14
2
44
14
3
44
10
5
46
16
5
47
16
5
47
16
7
47
17
9
50
INDEX TO CONSTITUTION. clxxxv
Art. Sec. Page.
Propertj/t Moveable, of railroad companies, to be considered and treated
as personal 17 11 50
damages to. Railroads to bo responsible for 17 12 50
Property exemption— bqq Exemption.
Proof, Evident, of capital oflfence, to exclude from bail 2 8 4
of publication of notice of intention to apply for local or
special bill, to be exhibited in General Assembly, before pas-
sage of bill 5 aj 14
S«€, also. Evidence.
Prosecuting Attameya, Salary of, during two years from adoption of Con-
stitution Sc 28 67
Election of. ., 7 24 26
Term of office of. 7 24 26
Qualifications of. 7 24 26
liable to impeachment 15 1 45
how removable upon address 15 3 45
Salary and fees of, etc 19, Sc 11. 28 56, 67
First election for Sc 3 61
Prosecutions not to abate because of change made in thiis Constitution Sc 23 66
Prosecutions, OimtTiaZ, for libel. Rights of accused in 2 6 3
generally, Rights of accused in 2 8,9,10 3, 4
Case of division of opinion of jury in 2 8 3
Venue In, not to be changed by local or special law 5 24 14
Protection of the people one of the objects of the institution of govern-
ment 2 12
of members of either house of General Assembly, against vio-
lence, offers of bribes, or private solicitations 5 12 11
Provisional writs. Power of County Judge, in absence of Circuit Judge
from county, to issue 7 37 29
See, however. Writs.
Publication of sentiment. Freedom of. 2 6 3
charged as libelous. Justification of. {.dmissible in criminal
prosecutions for libel 2 6 3
of journal of each house of General Assembly 5 12 12
at length, required, of such portions of laws as may be revived,
or amended, and of provisions extended or conferred 5 23 14
of notice of intention to apply for local or special bills 5 26 14
of votes for officers of Executive Department 6 3 17
of receipts and expenditures of public money 19 12 57
of the laws of the State 19 17 58
of proposed amendmentslto Constitution 19 22 59
of notice of election under Schedule Sc 5 61
*of result of vote, on adoption of Constitution Sc 17 64
Public buildings, CoUtrsicts for erections, repairs, or materials of 19 16 58
Public, Credit, Loan of, prohibited 16 1 46
Public danger. Action of Grand Jury not requisite in casv^s arising in the
militia when in actual service in time of. 2 8 3
Public debt— see Debt, Public.
PaWic d«/en«e. State may contract debts to provide for 12 12 43
Public money. Collectors or holders of, ineligible to General Assembly, or
office of trust or profit, unlil account and payment of all sums
for which liable 5 8 11
embezzlement of. Conviction of, after adoption of Constitution,
disqualifies for seat in General Assembly, or office of trust or
profit 5 9 11
Pvklic moneys. Misuse of, by officers of State, or members or officers of
General Assembly 16 3 46
Public peace. Power of Governor to call out volunteers or militia, to pre-
serve 11 4 40
Public property, used exclusively for public purposes. Exemption of, from
taxation
Public safety. Suspension of habeas corpus for, in certain oases
Public Schools — see Schools.
Public use. Property taken, appropriated, or damaged, for
Public welfare. State may contract debts to provide for
Public worsfetp. Equal liberty of, to be protected
Publicity of sessions of General Assembly
Pulaski Chancery Cowrt— see Court Pulaski Chancery.
'''For oofiyoi this publication, see p. xziii.
19
16
5
47
2
11
4
2
22
6
12
12
43
2
25
6
5
13
12
clxxxvi INDEX TO CONSTITUTION.
Art. Seo, Paqk.
J'unwAment, Cruel or unusual, not to be inflicted 2 9 4
of crime, by involuntary servitude 2 27 6
of members or other persons, for contempt or disorderly behav-
ior in presence of either house of General Assembly 5 12 11
for contempt or disorderly behavior in prosence'of either house
of General Assembly, not a bar to indictment for same
offence 5 12 12
for offering consideration to public oflBcer, to influence his
action, or for acceptance, by officer, of such consideration 5 S5 16
Proceedings to erpel member of Gleneral Assembly for criminal
offence, no bar to, under the criminal laws, for the same
offence :. 5 36 16
for contempts. Power of General Assembly to regulate, when
not committed in presence or hearing of court or in disobedi-
ence to process 7 26 27
for misuse of public moneys by officers of State, or members or
officers of General Assembly 16 3 46
But see, also, Penalties.
Purchaee-money , Mo property, while in hands of vendee, to be exempt
from execution for debts contracted for the 19 1 37
Q.
Sc
20, 21, 24 66
3
1 7
3
5,6,7 8
5
4 10
-19
7.8.9, 11,12,-55
12,-1
QwaKjJcatton to vote]or hold office, .Religious test never to be required
as a 2 26 fi
of Governor, Failure of. Office how filled in case of 6 12 18
of a Governor concludes exercise, [by Acting Governor, of guber-
natorial functions ■. 6 12 18
Refusal.onby President.of Senate, upon occurrence of vacancy in
Governorship, .Case of. 6 13 18
of officers chosen at election held under Schedule to the Consti-
tution
0«a?i^ca«io»i8ofvotej-s, 'General rule of
of voters. Exceptions to general rule of.
of Senators and Representatives
See, also, ior special disqualificationa
See, also. Disqualifications.
But for'full digest of qualifications and disqualifications of
members of General Assembly, see General Assembly, head
of Constitution, etc., sub-head of Qualifications of mem-
hert.
Each'house of General Assembly to be sole judge of the, of its
own members
for officCiOf Governor
of Judges of Supreme Cou-t
of Judges of Circuit Courts
of Special Judges of Circuit Courts
of Judges of County Courts
of Prosecuting Attorneys
of Justices of the Peace
of an"elector, requisite in order to the holding of office
of surities upon official bonds of State and county .officers
Militia officers, officers of public schools, and Notaries, eligible
to executive or judicial offices
of voters at election under schedule
Quartering of soldiers
Question, elsewhere than in the house of General Assembly, for speech
or debate there, prohibited
Quorum of Senate and'House of Representatives
of Supreme court
"^Quorum of the County
to consist of the County Judge, sitting with, and assi8ted(by,[all
the Justices of the Peace of the county
Functions of, to consist I in levying the county taxes ."and
making appropriations for the expenses 'of the county
County JudgD'and majority of the Justices of the^Place, to con-
stitute the quorum
5
11
11
6
5
17
6
23
16
25
21
26
2^
27
24
26
7
41
30
19
3
55
19
21
59
19
28
60
Sc
4
61
2
27
7
5
15
12
5
11
n
7
2,3
32
7
30
27
INDEX TO CONSTITUTION.
clxxxvli
In absence of County Judge, majority of the Justices may con-
stitute the Court, and elect one of their own number to pre-
side
General Assembly to regulate by law the manner of compelling
the attendance of a quorum
*See note at foot of page.
Quo-warranto, Supreme Court may issue writs of, in aid of its appellate
and supervisory jurisdiction
Supreme Court may, in the exercise of the original juris-
, diction, issue writs of, to Circuit Judges and Chancellors,
and to oflScers of political corporations, when the question in-
volved is the legal existence of such corporations
R.
5EC. PaGB.
30 27
Race, No distinction in point of civil rights or duties, on account of.
Railroad companies
Obligations or liabilities of, hold or owned by State, never to be
exchanged, transferred, remitted, postponed, or in any way
diminished, by General Assembly, or released except by pay-
ment thereof into the State treasury
to be common •arriers
Right ef, to construct and operate railroads between any points
within this State
Right of, to connect, at State line, with railroads of other
States
Right of, to intersect, connect with, or cross, other reads
to receive and transport passengers, tonnage, and cars, of other
roads, without delay or discrimination
to maintain one office in the State, where transfers of stock
shall be made
Books of to be kept at ofiBce, for inspection by stockholders and
creditors
Books of, to show ownership, amounts, and transfers, of
stock, and names and place of residence of ofiScers
iZatZroods, Equal right of all individuals, corporations, etc., to trans-
portation of persons and property over
Railroad Companies, Consolidation, lease, purchase, or control, of par-
allel or competing lines, of road, by, or by its lessees, purcha-
sers, or managers, prohibited
OflBcers of, not to act as officers of similar corporations control-
ling parallel or competing lines
officers of prohibited from interest direct or indirect in fur-
nishing materials or supplies to such company or in its busi-
ness as common carrier
prohibited from making discrimination in charges, or facilities
for transportation, by abatement, drawback, or otherwise
or their lessees, managers, or employes, prohibited from mak-
ing preferences in furnishing cars or motive power
General Assembly to prevent, by law, grant of free passes by,
to any officer of the State
laws to be passed to correct abuses, and to prevent unjust dis-
crimination, and excessive charges by, etc
Rolling stock and all other movable property of, to be con-
sidered and treated as personal property, and to be liable to
execution and sale
General Assembly to pass no law exempting movable property
of, from execution and sale
Annual report of, to Auditor of Public Accounts
See, also, corporations.
Railroads, Canals, annd Turnpikes
Railroads to be public highways
Right to construct and operate
Connections and intersections of
Undue or unreasonable discrimination in charges, and in fa-
cilities of transportation, upon, prohibited
Rule of uniform charges for transportation upon
permitted to issue excursion and commmutation tickets at
special rates „
2
17
3
2
48
5
33
15
17
1
48
17
1
48
17
1
48
17
1
48
17
1
48
17
2
48
17
2
48
17
2
48
17
3
48
17
4
49
17
4
49
17
5
49
17
6
49
17
6
49
17
7
50
17
10
50
17
11
50
17
13
50
17
48
17
i
48
17
1
48
17
1
48
17
3
48
17
3
49
clxxxviii INDEX TO CONSTITUTION.
Railroad, Question of parallelism orcompetion of lines of, to be decided
by a jury, as in other civil issues
responsible for all damages to persons and property, under.reg-
ulations prescribed by General Assembly
General Assembly to secure, as far as possible, the lives,
health, and safety of travelers upon
Sates of transportation ".
Ratio of representation in the House of Representatives
of representation in the Senate
Reading of hills
Real estate. Tenure of (exclusively allodial)
Courts of Common Pleas not to be vested with jurisdiction in
matters involving title to
Jurisdiction prohibited to Justices of the.Peace where lien on,
or title, or possession to, involved
See Real propert.iy , below.
Real property. Separate, oifeme covert
Assessments on, for local improvements, in towns or cit-
ies
See Real Estate, above.
Relellion, Suspension of habeas corpus in case of.
Power of Governor to call out volunteers or militia to re-
press
Receipts of public money. Publication of.
Receivers, Homesteads subject to seizure under judgments against, for
moneys collected by them
Recess of Senate, Power of Governor, in cases of treason, to grant respite
of sentence in
Recommendations, by Governor, to General Assembly
Recovery for injuries to person or property, or resulting in death
Recorder, clerks of circuit courts (except in counties where separate
County Clerk is chosen) to be
Recovery of personal property, snytsioT, Jurisdiction of Justice of the
Peace in
.Becojmrferah'on of bills returned, disapproved by Governor
of joint and concurrent orders and resolutions disapproved
by Governor
of items, disapproved by Governor, of bills making appropria-
tions ;
Record of oflBcial acts and proceedings of the Governor, Secretary of
State to keep
JBecorrfs, oflScial, to be turned over to ofiScers chosen at first election
of County Boards of Supervisors, Criminal Courts, and of pro-
bate business of Circuit Courts, to be transferred to Probate
Courts, respectively
.Recorder ineligible to seat in either house of General Assembly
Re-enactment of laws, to be by publication at length
.Be/ormaft'oTi, of government, Eight of the people to
Reformatory purposes, Corporations for
Registration, No law to be enacted whereby the right to vote at any elec-
tion shall depend upon any previous, of the elector's name
of voters at election under Schedule
^e^ase of obligations or liabilities of corporations, held or owned by
State, save by payment into the public treasury, Iprohib-
ited
Relief, grant of which is within jurisdiction of the courts, notto be grant-
ed by special law
Religion essential to good government
JZeKflTioMs 6e?tc/, No person to be rendered incompetent as a witness, on
account of his
Religious denomination, Each, to be protected in peaceable enjoyment of
its own mode of public worship
Religious establishment, No preference ever to be given, by law, to any
Religious liberty. Acknowledgment of gratitude to God for
Perpetuation and security of, one of the objects of the^Consiitu-
tion
Natural and Indefeasible right of.
See, also
Religious test, as'quUlification to vote or hold oflBce, prohibited
Art.
Sec.
Pagk.
17
4
49
17
12
50
19
18
58
17
1,3,6,10
48,49,50
8
1
32
8
2
35
5
22
13
2
28
7
7
32
28
7
40
30
9
7
39
19
27
60
2
11
4
11
4
40
19
12
57
9
3
38
G
18
20
6
8
18
5
32
15
7
19
25
7
40
29
6
15
19
6
16
20
6
17
20
fi
21
21
Sc
21
m
Sc
23
66
5
7
11
5
23
14
2
1
2
12
2
41
3
2
7
Sc
12
63
5,12
33.12
15,43
5
25
14
2
25
6
2
25
2
2t
Pr
Pr
2
24
2
2»)
2
26
Skc.
Pagms.
33
15
18
20
8
50
4
22
13
4
4
3
12,13,14
18
13
18
27
27
2
40
1
45
3
45
15
57
40
29
13
50
7
17
INDEX TO CONSTITUTION. clx;xxix
Art.
Hemission of obligations or liabilities of corporations, held or owned by
State, prohibited 5
of fines and forfeitures by Governor 6
of forfeiture of charters, Conditions of. 17
Remedial writs. Judges of Supreme Court, severally to have power to
issue 7
Remedy ior injuries and wrongs. Right to .* 2
Remonstrance. Right of. 2
Removal of Governor, OflSce how filled in case of. 6
of President of Senate during vacancy in ofiice of Governor,
Governorship how filled in case of. 6
of county and township oflicers by Circuit Courts 7
of State Geologist from ofiice 10
from office, a punishment in cases of impeachment 15
of State officers, on address of General Assembly 15
of members of State Board of Supervisors of Election under
Schedule So
Repairing of rooms used for meeting of General Assembly and its com-
mittees, to be performed under contract, to be given to lowest
responsible bidder, below maximum price, under regulations
to be prescribed by law 19
Replevin, Jurisdiction of Justices of the Peace in 7
Report, Annual, of railroad companies, to Auditor of Public Accounts 17
Reports from ofiicers of Executive Department, Governor may require 6
of departments. Printing, binding, and distributing of, to be
performed under contract to be given to lowest responsible
bidder, below maximum price, under regulations to be pre-
scribed by law 19
Reports to General Assembly— soe General Assembly, under sub-head of
Reports to.
Reporter of Supreme Court 7
Representation in the House of Representatives 8
in the Senate 8
Representative capacity. All elections by persons acting in, to be viva
voce 3
Representative in Congress not to exercise office of Governor 6
Representatives, Classes disqualified to serve as 5,-19
how chosen 5
Term of office of 5
Qualifications of 5
Election of, to fill vacancies 5
during term for which elected, not to be appointed or elected to
any civil office under the State 5
qualifications, returns, and elections, of. House of Representa-
tives to be sole judge of. 5
punishable, by House, for contempt or disorderly bthavior in
its presence 5
Power of House to protect, against violence, offers of bribes, or
private solicitations 5
Expulsion of 5
expelled for corruption, ineligible to either house 5
punished, by House, for contempt or disorderly behavior, may
nevertheless be indicted therefor 5
Privilege of, of freedom from arrest 5
Privilege of, of freedom of speech and debate 5
Term of, to begin on day .of their election 5
not to receive increase of pay during term for which elected,
under any law passed during such term 5,19
Per diem pay, and mileage, of. 5,19.So
Apportionment of 8
Apportionment of, to be made only at first regular session after
each census 8 4 37
not to be interested in contracts for stationery, paper, fuel,
printing, binding, or distribution of documents, for State
government, or repairing or furnishing halls and rooms of
General Assembly ^.. 19 15 57
Oath of office of. 19 20 58
First election.for Sc 3 61
Grant of free passes to, by any railroad or transportation com-
pany, to be prevented by law 17 7 50
7
23
1
32
2
35
12
9
11
18
7,8,9-1
11,55
2
10
2
10
4
10
6
10
10
11
11
11
12
11
12
11
12,36
11,16
12
12
12
12
15
12
15
12
16
12
16,11
12.57
16,11.28
12,57,67
1
32
cxc INDEX TO CONSTITUTION.
Art, Sec. Page
First election of Sc 19 6
chosen at firstelection. Certificates of election of. Sc 19 65
Salary and mileage of, during two years from adoption of Con-
stitution Sc 28 67
Representatives, House of, a constituent part of General Assembly 5 1 10
how constituted 5 2 10
Term of office of members of. 5 2 10
Election of members of. 5 2 10
Qualifications of members of. 5 4 10
Disqualifications for membership of 5,-19 7,S,9,12— 1 11,55
Vacancies in 5 6 10
No member of, during term for which elected, to be appointed
or elected to any civil office under the State 5 10 11
to appoint its own officers 5 11 11
to be sole judge of qualifications, returns, and'ieleotions, of its
own members 5 11 11
Quorum of. 5 11 11
Powers of members less in number than quorum of 5 11 11
Power of, to determine rules of its proceedings 5 12 11
Power of, to punish for contempt or disorderly behavior in its
presence 5 12 11
Power of, to enforce obedience to its process 5 12 11
Expulsion of members of. 5 12 11
Member of. expelled for corruption, ineligible to either house... 5 12 12
Punishment by, for contempt or disorderly behavior, no bar to
indictment for same offence 5 12 12
to keep journal of its proceedings 5 12 12
to publish journal, except such parts as ^require secrecy 5 12 12
to cause yeas and nays^to be entered on journal, at desire of five
members 5 12 12
Publicitylor secrecy of sessions of. 12 12
Joint or concurrent vote of both houses, on appointment of
officers, to be entered on journal of 14 12
Members' privilege, of freedom from arrest 5 15 12
Members' privilege of. freedom of speech and debate 5 15 12
Term of members of, to begin on day of their election 5 16 12
Elections of presiding officer of 5 18 1
Presiding officer of, to be styled Speaker of the House.of Kepre-
sentatives 5 18 13
Per diem pay, and mileage, of members of 5, 19 Sc 16,11,28 12,57,67
No member of, to receive increase or pay during term for which
elected, under any law passed during such term 5, 19 16, 11 12,57
Alteration or amendment of bills, on passage through, not to
be such as to change their original purpose 5 23 13
Reading of bills in 5 22 11
Requirements for valid final passare of bills in 5 22 13
not to adjourn for more than three days, without consent of
Senate 5 28 15
not to adjourn, without consent of Senate, to any other place
than that in which the two houses shall be sitting 5 28 15
No new bill to be introduced into, during last three days of ses-
sion 5 34 16
Proceedings to expel member of, for criminal offence, not to bar
indictment and punishment for same offence 5 36 16
Speaker of, to receive, open, and publish in presence of both
houses, the votes «ast for officers of Executive Depart-
ment 6 3 16
Governor to return to, with his objections, bills originating in,
and by him disapproved 6 15 19
Proceedings in, upon bills returned, disapproved, by Gover-
nor 6 15 19
to enter at large, upon its journals. Governor's objections to
bills originating in, and by him disapproved 6 15 19
Governor to return to, with his objections, joint and concur-
rent orders or resolutions, originating in, and by him disap-
proved 6 16 20
how constituted 8 1 32
Elections in, to be viva voce 3,5 12,14 9,12
Manner of filling vacancies in 5 6 10
INDEX TO CONSTITUTION.
CXCl
Art. Sec.
Representatives, House of: No increase of salaries of members to be made,
to take eflFect before meeting of next General Assembly 19 11
Case of disagreement between, and Senate, with respect to time
of adjournment G 20
Apportionment of Representatives „ 8 1,4
What oflacers subject to impeachment 15 1
to have the sole power of impeachment 15 2
Penalty upon members or officers of, making profit out of public
moneys 16 3
Grant of free passes by railroad or transportation companies,
to members of, to be prevented by law 17 7
Prohibition of interest, on the part of members, in contracts for
stationery, printing, paper, fuel, for use of any department of
government, or for repairing or furnishing the halls and
rooms used for meetings of the General Assembly 19 15
Returns for members of. 19 10
Stationery. printing,paper, fuel, and repairing and furnishing of
halls and rooms for 19 15
Oath of office of members 19 20
Procedure in matter of amendments to Constitution 19 22
First election of members of, after adoption of Constitution Sc 3, 16,
17, 19
Returns and certificates of first election for members of, after
adoption of Constitution Sc 16.17,19
Certificate of State Board of Supervisors of election under
Schedule, to be made to the Speaker of Sc 17
Announcement.by Speaker, of result of Election under Schedule,
for Executive officers of State Sc 17
Payand mileage of members 5,19,Sc 16,11,28
See, also. General Assembly, under each principal head,
sub-head of Senate, sub-head of House of Representatives,
Representatives, House of, /Speaker of— see Speaker.
Reprieve, Qovernor, except in cases of treason and impeachment, to have
power to grant, after conviction 6
in cases of treason. Governor's power to grant 6'
Each case of, to be communicated, by Governor, to General
Assembly, with his reasons therefor, and prescribed state-
ment of particulars 6
Repuhlic, genius of a. Perpetuities and monopolies declared contrary
to 2
Reputation, Right of acquiring, possessing, and protecting, inherent
and inalienable 2
Residence, Length of, required as qualification of voter 3.
Soldiers, sailors, and marines, of the U. S., not to acquire by
reason of being stationed in the State 3
Length of, required as qualification for office of Senator 5
Length of, required as qualification for office of Representa-
tive 5
Length of, required as qualification for office of Governor 6
Length of, required as qualification for office of Judge of
Supreme Court 7
Length of, required aa qualification for office of Judge of
Circuit Courts 7
Length of, required as qualification for office of Prosecuting
Attorney 7
Length of, required as qualification for office of Judge of Coun-
ty Court 7
Length of, required as qualification for office of Justice of the
Peace 7
of State, district, county, and township, civil officers, to be
within the limits of their respective jurisdictions 19
Absence on business of descriptions specified, to cause no for-
feiture of 19
Length of, required of sureties upon official bonds of State and
county officers 19
Resident aliens. Distinctions of law between, and citizens, in matters of
property, forever prohibited 2
Residents of counties, cities, or towns. Right of, to" appeal from allow-
ances made for or against the same 7
20
Page.
57
21
32,33,37
45
45
4C
50
64,66
65
65
12,57,07
18
20
18
20
18
20
19
5
2
2
1
7
7
8
4
10
4
10
5
17
6
23
16
25
24
26
29
27
41
30
4
56
7
06
21
59
20
5
51
32
INDEX TO CONSTITUTION.
9
37
11
1
40
6
12, 13. U
18
Art. Skc. Paoe.
Residents of the State, privileged in matter of exemption of personal
property from seizure for debt
of the State, with exceptions stated, to compose the militia
Besignation of Governor, OflBce how filled in case of
of President of Senate, during vacancy in oflnce of Governor,
Governorship how filled in case of. 6 13 IS
of members of State Board of Supervisors of Election under
Schedule Sc 7 62
Resolutions requiring concurrence of both houses of General Assembly,
except on questions of adjournment, to be presented to Gov-
nor, and. before taking efifect, to be approved by him 6 16 20
requiringconcurrenceof both houses of General Assembly, ex-
cept on questions of adjournment, if disapproved by Gover-
nor, to be repassed by both houses, as in case of bill 6 16 20
Respite of sentence in cases of treason. Power of Governor to grant, in
recess of Senate 6 18 20
Return of bills disapproved by Governor 6 15 19
by Governor, of joint and concurrent orders or resolutions, dis-
approved, to be made as in case of bills 6 16 20
by Governor, of items, disapproved, of bills making appropri-
tions 6 17 20
Returning officers of elections for officers of Executive Department,
Duty of 6 3 16
Returns of election failing to record vote or ballot of qualified elector,
such vote or ballot nevertheless to be counted upon trial of
contest 3 11 9
Each house of General Ajsembly to be sole judge of. of its
own members
for officers of Executive Department
to fill vacancy in office of Governor
for officers to be commissioned by the Governor, and members
of the General Assembly
under Schedule
5
11
11
6
3
16
6
14
19
19
10
56
Sc
16, 17,
18, 19
64, 65. 66
19
12
57
7
37
29
19
17
58
Revenue, Publication of receipts and expenditures of.
See, also. Taxes and Taxation, etc., etc.
Review of order of County Judge for issue of provisional writ in case of
absence of Circuit Judge
Revision of the laws of the State
Revival of laws, not to be by reference to title only, but by re-enact-
ment, and publication, at length, of portions revived 5 23
Right of the people to alter, abolish, or reform, government, in such
manner as they may think proper 2 1
Citizen not to be deprived of, on account of race, color, or pre-
vious condition
of peaceable assembly, to consult for the common good
of petition, by address or remonstrance
to keep and bear arms, for the common defence
of free press
to free communication of thoughts and opinions
of trial by jury
to due process of law
of life, liberty, and property. Security for
to bail
of accused, to speedy and public trial by jury
of accused, to change of venue
of accused, to information of nature and cause of accusation
of accused, to copy of information
of accused, to be confronted with witnesses against him
of accused, to compulsory process for obtaining witnesses in his
favor
of accused, to be heard by himself and his counsel
to a certain remedy, in the laws, for injuries and wron s, to
person, property, or character
to obtain justice, freely, completely, and properly, confirma-
bly to the laws
to security against unreasonable searches and seizures
of property, before, and higher than, any constitutional sanc-
tion
of compensation for property taken or damaged for public
use
of eminent domain
2
3
2
2
4
3
2
4
3
2
5
3
2
6
3
2
6
3
2
7
3
2
8
3
2
8
2
8
2
10
2
10
2
10
2
10
2
IQ
2
10
2
10
2
13
2
13
2
15
5
2
22
6
22
22
23
1.17
23,9
6,£0
s.
Salaries [ General provisions regarding ;]
of members of General Assembly, General Assembly to pro-
vide no increase of, to take effect before meeting of next
legislature
of officers in the State, General Assembly to fix
not to be paid at rate other than par value
of clerks and employes of departments of State, to be fixed by
law
of public officers, General Assembly to regulate deductions
from, for neglect of duty
of State officers, not to be increased or diminished during their
respective terms of office
fees, and perquisites of State, county, city, and town officers,
not to exceed five thousand dollars, net profit, per annum in
par funds
For all other provisions regarding salaries, see Compensa-
tion,
Art.
Sec.
Page.
2
23
6
2
24
6
2
24
6
3
1
7
3
5,6.7
8
17
9
50
5
32
15
12
9
42
2
2
INDEX TO CONSTITUTION. cxciii
Right of taxation
of religious liberty
of conscience
of suffrage, Conditions of exercise of— general rule
of suffrage. Exceptions to general rule respecting exercise of
of suffrage, No power, civil or military, ever to interfere to pre-
vent free exercise of.
of suffrage, not to depend upon any previous registration of the
elector's name
of suffrage, not to be impaired or forfeited, except for the com-
mission of a felony at common law, upon lawful conviction
thereof. .'
of suffrage— See, further, Art. Ill, passim, and entries under
Elections.
to construct and operate railroads
of railroad companies, to intersect, connect with, or cross, oth-
er roads
State's, of eminent domain, over property and franchise of in-
corporated companies
Right of action for injuries to person or property, or resulting in death...
jRtffAt o/ way appropriated to use of corporations, Compensation for
Rights, Declaration of
Declaration of. Enumeration in, of rights, not to be construed
to deny or disparage others retained by the people 2 29 7
Declaration of. Everything contained in, excepted out of the
general powers of the government, and forever to remain in-
violate 2 29 7
Declaration of. All laws contrary to provisions of, to be void 2 29 7
Inherent and inalienable, of all men 2 2,24 2,6
Inherent and inalienable, of men, Governments instituted for
security of. , 2 2 2
of accused, in criminal prosecutions for libel 2 6 3
of accused, in criminal prosecutions generally 2 8,9,10 3,4
Natural and indefeasible, of all men, in matters of religion and
conscience ." 2 24 6
jBiot, Power of Governor to call out volunteers or militia to repress 11 4 40
Roads, Vacating of, not to be effected by special law 5 24 14
County courts to have exclusive original jurisdiction in all
matters relating to 7 28 27
Rolling stock of railroads, to be considered and treated as personal prop-
erty .^ 17 11 50
Rooms used for committees of General Assembly, Repairing and furnish-
ing of, to be performed under contract, to be given to lowest
responsible bidder, below maximum price, under regulations
to be prescribed by law 19 15 57
i2t«Z€«of proceedings. Each house of General Assembly may determine
its own 5 12 11
Suspension of, to enable bill to be read more than onceon same
day 5 22 13
19
16. 11
12,5
16
4
46
16
4
46
INDEX TO CONSTITUTION.
Art.
2
Sec.
11
Paqb.
Sc
14
16
44
14
14
2
3
44
44
14
3
44
14
3
45
14
3
45
14
3
45
14
1
44
14
4
45
14
1
44
14
3
44
14
3
44
5
31
15
,5
7
11
19
26
60
Safety, public, Suspension of habeas corpus for, in certain cases
Sailors in service of U, S. not to acquire residence by being stationed
in the State
Schedule
Election held under provision's of — see Election under
Schedule.
School apparatus, exempt from taxation
School buildings, exempt from taxation
School-districts maybe authorized, by vote of the electors of the district,
to levy limited school-tax
See ifi^chool tax, below^
School fund. Money or property belonging to, not to be used for other than
its proper purpose
School tax, State, not to exceed two mills per dollar, annually, on tax-
able property of the State
by the poll, prescribed
General Assembly may authorize school district, by a vote of
the qualified electors of the district, to levy
of districts, not to exceed five mills per dollar, annually
of districts, to be appropriated only to its proper purpose, in
the district where levied
Schools, free. The State ever to maintain a general, suitable, and efiB-
cient system of
public. Supervision and execution of laws regulating, to be
vested as may be provided by General Assembly
free. Whom to receive gratuitous instruction in
General Assembly to provide, by general laAVs.for support of, by
taxes specified
Poll-tax, for support of.
Levy of State tax, and appropriations of money, to sustain,
constitute exceptions to rule requiring majority of two-thirds
of both houses of General Assembly
public. Officers of, eligible to seats in General Assembly
Officers of, eligible to exccutive-«r judicial office
Libraries and grounds used exclusively for purposes of, exempt
from taxation
See, also. Superintendent of Public Instruction, Universities,
and the entries immediately above.
Scrip, Interest-bearing, State never to issue
Seal of the State
to be called the "Great Seal of the State of Arkansas"
to be kept by the Governor, and used by him officially
to be affixed to grants and commissions
Sealed instruments, concerning contracts between individuals, executed
since adoption of Constitution of 1868, Rule respecting
Searches, unreasonable. Right to security against
Scat o/ (government to be and remain at Little Rock 1 .. 2
General Assembly to meet at 5 5 10
Sessions at place other than f 5,-6 28.-19,20 15,-20,21
Officers of Executive Department to keep their offices, in per-
son, at
Terms of Supreme Court to be held at
Sebastian County may have two districts, and two county seats, at which
County, Probate, and Circuit Courts may be held (each dis-
trict paying its own expenses)
Secrecy of the ballot
Parts ol journals of two houses of General Assembly, requir-
ing, need not be published
Secret sessions of Senate and House of Representatives
Secretary of State, an officer of Executive Department
how chosen
Returns of election of.
Case of tie in elections for
Contested elections for
Term of office of.
Salary of. etc 19,
Salary of, during two years from adoption of Constitution
Vacancy in office of.
liable to impeachment
47
16
1
46
19
25
60
6
9
18
6
9
18
6
10
18
Sc
1
60
2
15
5
6
1
16
7
8
23
13
5
44
3
3
8
5
12
12
5
13
12
6
1
16
6
3
16
6
3
16
6
3
17
6
4
17
6
1
16
Sc
11, 28
56. 67
Sc
28
67
6
22
21
15
1
45
INDEX TO CONSTITUTION.
Secretai-y of State, how removable upon address
to keep his office, in person, at seat of government
ineligible to seat in cither house of General Assembly
to hold no office or commission, civil or military, in this, or
under any. State, or the U. S., or any other power, atone
and the same time ,
to perform such duties as may be prescribed by law
to keep full and accurate record of all official acts and pro-
ceedings of the Governor .,
to attest all grants and commissions
to discharge duties of Superintendent of Public Instruction,
until otherwise provided by law
to lay before either branch of the General Assembly, when re-
quired, all official acts and proceedings of the Governor, with
all papers, minutes, and vouchers, relating thereto
a member of Board of Canvassers of returns of election to fill
vacancy in office of Governor
Returns of elections for officers to be commissioned by the Gov-
ernor, and for members of General Assembly (except as
otherwise provided by Constitution), to be made to
Bills disapproved by Governor, return of which has been pre-
vented by adjournment of General Assembly, to be filed, with
objections, in office of
Abstract of votes cast at election under Schedule, to be filed in
office of.
First election for
chosen at first election. Return and announcement of elec-
tion of.
first elected, when to enter upon discharge of his duties
Security of the people one of the objects of the institution of govern-
ment
of life, liberty, property, reputation, and the pursuit of happi-
ness. Governments instituted for
for life, liberty, and property
against unreasonable searches and seizures'. Right to
Seizures, unreasonable, Right to security against
Seizure for debt— see Exemptions.
Senate a constituent part of General Assembly
how constituted
Term of office of members of.
Election of members of.
Classification of members of, at first session, into those hold-
ing their places for two and four years, respectively
Qualifications of members of......
Disqualifications for membership of.
Vacancies in
No member of, during term for which elected, to be appointed
or elected to any civil office under the State
to appoint its own officers
to be sole judge of qualifications, returns, and elections, of its
own members
Quorum of.
Powers of members less in number than quorum of
Power of, to determine rules of its proceedings
Power of, to punish for contempt or disorderly behavior in its
presence
Power of, to enforce obedience to its process
Expulsion of members of
Member of, expelled for corruption, ineligible to either
house
Punishment by, for contempt, or disorderly behavior, no bar
to indictment for same ofi'ence
to keep journal of its proceedings
to publish journal, except such parts as require secrecy
to cause yeas and nays to be entered on journal, at desire of
five members
Publicity or secrecy of sessions of.
Joint or concurrent vote of both houses, on appointment of of-
ficers, to be entered on journal of.
Vote of, on appointment of ofiicers, to be viva voce, and entered
on journal
Art.
Sec.
Page.
15
3
45
6
1
16
5
7
11
6
22
21
6
22
21
6
21
21
6
10
18
So
17
64
So
3
61
Sc
17
64
Sc
17
65
2
1
2
2
2
2
2
8
3
2
15
5
2
15
5
5
1
10
5
3
10
5
3
10
5
3
10
5
3
10
5
4
10
5,-19 7,8,9,12,-1
11,55
5
6
10
5
10
11
5
11
11
5
11
11
5
11
11
5
11
11
5
12
11
5
12
11
5
12
11
5
12
11
5
12
12
5
12
12
5
12
12
5
12
12
5
12
12
5
13
12
5
14
12
3,5
12.14
9,12
Art.
Sec.
Page,
5
15
12
5
15
12
5
16
12
5
18
13
5
18
13
5,19,Sc
16,11,28
12,57,67
5,19
16.11
12,57
5
21
13
5
22
13
5
22
13
5
28
15
5
31
16
5
36
16
6
15
19
6
15
19
6
15
19
cxcvi INDEX TO CONSTITUTION.
Members' privilege of freedom from arrest
Members' privilege of freedom of speech and debate.
Term of all members of, to begin on day of their election
Elections of presiding officer of
Presiding officer of, to be styled President of the Senate
Per diem pay. and mileage, of members of.
No member of, to receive increase of pay during term for
which elected, under any law passed during such term
Alteration or amendment of bills, on passage through, not to be
such as to change their original purpose
Requirements in order to valid final passage of bills in
Reading of bills in
not to adjourn, for more than three days, without consent of
House of Representatives
not to adjourn without consent of House of Representatives,
to any other place than that in which the two houses shall be
sitting
No new bill to be introduced into, during last three days of ses-
sion
Proceedings to expel member of, for criminal offence, not to
bar indictment and punishment for same oflFence
Governor to return to, with his objections, bills originating in,
and by him disapproved
to enter at large, upon its journal. Governor's objections to
bills originating in, and by him disapproved
Proceedings in, upon bills returned, disapproved, by Governor
Governor to return to, with his objections, joint and concurrent
orders or resolutions, originating in, and by him disapprov-
ed 6 16 20
Proceedings in, in case of disapproval and return of joint and
concurrent orders or resolutions, to be as prescribed in case of
bills 6 16 20
Governor to return to, as prescribed in case of other bills vetoed,
items, disapproved, of appropriation bills originating in 6 17 20
Proceedings in, in case of disapproval and return ®f items
of appropriation bills, to be as prescribed in case of other
bills 6 17 20
Advice and consent of, requisite to Governor's grant of pardon,
in cases of treason, and, with exception stated, to his grant
of respite of sentence in such cases 6 18 20
Vote of two-thirds of all members elected to. requisite to con-
tinuance of session after disposal of business set forth in Gov-
ernor's proclamation calling extraordinary session 6 19 21
Record of official acts and proceedings of Governor, with all pa-
pers, minutes, and vouchers, relating thereto, to be laid be-
fore, by Secretary of State, when so required
Basis of representation in
Advice and consent of. in matter of reprieve or pardon in cases
of treason
Case of disagreement between, and House of Representatives,
with respect to time of adjournment
Arrangement of Senatorial Districts, until the enumeration of
the inhabitants shall have been taken by U. S. government,
A. D, 1880 8 2 35
[For table showing apportionment of Counties and Senatorial Dis-
tricts as prescribed untU other icise provided by General Assembly,
see at close of index.]
Division of State into Senatorial Districts, how made 8 2 35
not to consist of less than thirty, nor more than thirty-five
members 8 2 37
Senatorial Districts, at all times, to consist of contiguous terri-
tory 8 3 37
No county to be divided, in formation of Senatorial Districts 8 3 37
Division of State into Senatorial Districts, when, hereafter, to be
made 8 4 37
Advice and consent of, in matter of appointment of State
Geologist 10 2 40
Procedure in cases of impeachment 15 1,2 45
Penalty upon members or officers of, making profit out of pub-
lic moneys, etc 16 3 4«J
6
21
21
8
2
35
6
18
20
6
20
21
INDEX TO CONSTITUTION.
Art.
Sec.
Pagk.
(Senate, Grant! of free passes, by any railroad or transportation compa-
ny, to members of, to be prevented by law 17 7 50
Returns for members of 19 10 56
No increase of salaries of members to be provided for, to take
effect before next General Assembly 19 11 57
Stationery, printing, paper, fuel, and repairing and furnish-
ing of halls and rooms for 19 15 57
Prohibition of interest, on the part of members, in contracts
for stationery, printing, paper, fuel, for use of any depart-
ment of government, or for repairing or furnishing halls and
rooms used for meetings of the General Assembly 19 15 57
Members of, before entering on duties, to take and subscribe to
oath or affirmation prescribed 19 20 58
Oath of office of members 19 20 58
Procedure in matter of amendments to Constitution 19 22 59
First election of members, after adoption of Constitution Sc 3,16, 61,64,65
17,18,19
Returns and certificates of first election for members of, after
adoption of Constitution Sc 3,16.17,19 61,64.65
See, also. General Assembly, under each principal head,
sub-head of Senate.
Senate, President o/— see President of Senate.
Senator of United States not to exercise of&ee o{ QovernoT 6 11 18
Senatorial Districts -see Districts, Senatorial.
Senators, how chosen 5 3 10
Term of office of 5 3 10
Classification of. at first session, into those holding seats for
two and four years, respectively 5 3 10
Qualifications of. 5 4 10
Classes disqualified to serve as— see General Assembly, sub-
head Qualifications of members, special paging (2.)
Election of, to fill vacancies 5 6 10
during term for which elected, not to be appointed or elected
to any civil office under the State 5 10 11
qualifications, returns, and elections, of, Senate to be sole
judge of 5 11 11
punishable, by the Senate, for contempt or disorderly behavior
in its presence 5 12 11
Power of Senate to protect, against violence, offers of bribes, or
private solicitations 5 12 11
Expulsion of 5 12.36 11.16
expelled for corruption, ineligible to either house 5 12 12
punished, by Senate, for contempt or disorderly behavior, may
nevertheless be indicted therefor 5 12 12
Privilege of , of freedom from arrest 5 15 12
Privilege of, of freedom of speech and debate 5 15 12
Term of, to begin on day of their election 5 16 12
not to receive increase of pay during term for which elected,
under any law passed during such term 5,19 16,11 12.57
Per diem pay, and mileage, of 5.19.So 16.11,28 12.57,67
Apportionment of 8 2.3 35,37
Apportionment of, to be made only at first regular session after
each census 8 4 37
Penalty upon, for making profit out of public moneys, etc 16 3 46
Grant of free passes to, by any railroad or transportation com-
pany, to be prevented by law 17 7 50
Returns for, to whom made 19 10 56
not to be interested in contracts for stationery, paper, fuel,
printing, binding, or distribution of documents, for State
government, or repairing or furnishing halls or rooms for
use of General Assembly ~~.. 19 15 57
Oath of office of. 19 20 58
First election for. after adoption of Constitution Sc 3,16, 61,64,65
17,19
Salary and mileage of, daring two years from adoption of Con-
stitution Sc 28 67
chosen at first election. Returns and certificates of election of... Sc 16,17,19 61,64,65
Session, First, of General Assembly, under this Constitution, may ex-
ceed sixty days in duration 5 17 12
first, of General Assembly, Time of meeting of. oc ^z «>
Skc.
Pagr.
5 5
10
5 13
12
5 17
12
5 28
15
6 19
20
6 28—19.20
15,
-20.21
6 18
20
cxcviii INDEX TO CONSTITUTION.
Sessions, Regular, of General Assembly, when and where held
of each house of General Assembly, and of committees of the
whole, to be open, unless when business is such as ought
to be kept secret
regular biennial, of General Assembly, Duration of
of General Assembly, Adjournments of.
Extraordinary, of General Assembly
of General Assembly, at place other than seat of government...
Sentence, commutations of. Power of Governor to grant
Governor to communicate all pardons, etc., to General Assem-
bly
iu cases of treason. Power of Governor to grant respite of, in
recess of Senate
Separate Chancery Court of Pulaski Chunty—see Court, I'ulaski Chan-
cery.
Separate Criminal Courts — see Courts, Separate Criminal.
Service, military. Who subject to
Servitude, Involuntary, except as punishment for crime, prohibited
Setting aside of law or laws of the State, Power of, not to be exercised ex-
cept by General Assembly 2 12 4
Sheriffs ineligible to seat in either house of General Assembly 5 7 H
Election of. 7 46 31
Duties of. 7 46 31
to be ex-officio collector of taxes, unless otherwise provided by 31
law
See, also, officers, and County officers.
Signature of Governor, to bills 6 15 19
of Governor, to joint and concurrent order or resolutions 6 10 20
of Governor, to parts, by him approved, of bills making ap-
propriations
Sixteenth Section Landi, Proceedings relative to, or to money due there-
for, transferred to counties where lands located
Slavery prohibited : 2 27 6
Soldiers, Quarterina of 2 27 7
Soldiers o{\J.S. not to acquire residence by being stationed in the
State
iSbJtettattoJw, private. Power of each house of General Assembly to pro-
tect its members against 5 12 11
Sipeaker of the House of Representatives 5 18 18
Elections of 5 18 13
Returns of election of oflScers of Executive Department to be
forwarded to 6
Duty of, in matter of opening and publishing votes cast for
ofiBcers of Executive Department 6
in case of concurrent vacancy in offices of Governor and Presi-
dent of Senate, or of absence of both officers from State, to
act as Governor in like manner as provided for President of
Senate G
to certify (with President of the Senate), to Governor, fact of
disagreement between the two houses of the General Assem-
bly, with respect to time of adjournemnt 6
Abstract of votes, at election under Schedule, for State officers,
to be certified and delivered to Sc
to cast up and announce result of election, under Schedule, for
State officers Sc
Special elections— see under Elections.
Special sessions of General Assembly 6
Specific appropriation, by law, requisite to drawing of mouey from treas-
ury
SIpeech, Liberty of. -
freedom of. Privilege of, in General Assembly
Standing army not to be kept in time of peace
State of Arkansas, Boundaries of
Powers of government of, how divided
never to be made defendant in any of her courts.*.
Great seal of the
Division of, into Senatorial districts
not, except as in Constitution otherwise provided, to become
stuckholder in, or subscribe to, or be interested in, stock of
any corporation or association
11
1
2
27
2
12
5
7
7
46
7
46
7
46
6
15
6
10
6
17
7
44
2
27
2
27
3
7
5
12
5
18
5
18
5
29
15
2
6
3
5
15
12
2
27
6
1
1
1
4
9
5
50
13
6,19
9,25
18.60
8
2
35
INDEX TO CONSTITUTION.
Art.
Sec. Page.
SPECIAL LEGISLATION:*
1. General provisions:
No special law to he enacted in any case where a general law
can be made applicable
The operation of no general law to be suspended, by the legis-
lature, for the benefit of any particular individual, corpora-
tion, or association
Nor whore the courts have jurisdiction to grant the powers, or
the privileges, or the relief, asked for
General Assembly not to grant to any citizen, or class of citi-
zens, privileges or immunities which, upon the same terms,
shall not equally belong to all citizens
Perpetuities and monopolies contrary to the genius of a repub-
lic, and not to be allowed
2. Provisions prohibiting class legislation :
The equality of all persons before the- law, recognized, and ever
to remain inviolate
No citizen ever to be deprived of any right, privilege, or im-
munity, nor exempted from any burden or duty, on ac-
count of race, color, or previous condition
General Assembly not to grant to any citizen, or class of citi-
zens, privileges or immunities which, upon the same terms,
shall not equally belong to all citizens
., No hereditary emoluments, privileges, or honors, ever to be
granted or conferred in this State
No distinction ever to be made by law, between resident aliens
and citizens, in regard to the possession, enjoyment, or
descent, of property
No preference ever to be given, by law, to any religious estab-
lishment denomination, or mode of worship
No religious test ever to be required of any person as a qualifi-
cation to vote or hold oflSce t
No person to be rendered incompetent t> be a witness, on ac-
count of his religious belief!
[fBut nothing in the above two clauses is to be construed to
dispense with oaths or affirmations
And no person who denies the being of a God shall hold office
in the civil departments ef this State, nor be competent to
testify as a witness in any court]
There shall be no slavery in this State, nor involuntary servi-
tude exceptas a punishment for crime
3. Specific prohibitions of special legislatiom :
General Assembly not to paf s any local or special law:
1. Changing the venue in criminal cases
25
14
25
14
18
5
19
5
*[Note.1 The manifold restrictions placed upon special legislation, by the Constitution of 186S, gave
rise to an erroneous popular opinion, still somewhat prevalent since the adoption of the present instru-
ment, that aJJ special legislation is prohibited. It may not be improper to suggest a correction of this
As elsewhere remarked, it follows, from the grant, to the General Assembly, of the general legislative
power (Art. V, Sec,l. p. 18), that such power is o6»oiM<e and Mitawai^ed, except as limited, either expressly
or impliedly, by the restrictiens of the Constitution of the State, or of that of the United States. The
Legislature, therefore, is clothed with authority to pass any special or local law, in its pleasure, that may
be consistent with the observance of those prohibitions.
The general provisions of the Constitution of Arkansas, in this regard, are given in the 1st set of
entries, under head of Special Legislation, above. Further requisites, in matter of procecfwre, are demanded
by the Constitution , in order to the validity of passage of bills of this character. (See under the 4th set of
entries.) The question of compliance, in the enactment of special laws, with the terms of the general
provisions referred to, is in the first instance one for the discretion of the Legislature, and, in the end,
for the decision of the courts. The Constitution, therefore, has set further prohibitions, in some in-
stances specific, in others to be inferred only irom the fact of a grant of legislative power being accom-
panied by the qualification, that it may be exercised "by general law." The latter clafs,— that of pro-
hibitions only implied.— has been indicated, in the Index, above, by the use of the qualifying words,
"(by intendment)." or " (by implication.)" In this regard, as in others, the matter scarcely admits of
.entirely accurate classification.
Many species of special legislation are inhibited by provisions, express or inu)lied, applica-
ble alike to general and to special laws. These, of course, are not here collated. They are to be found,
in the Index, under "Gknkkal Asskmbly," sub-head of Powers Denied, and in every positive tnact-
ment of the Constitution.
21
ec INDEX TO CONSTITUTION.
Spkcial Legislation (continued.)
2. Changing the names of persons
3. Adopting or legitimating children
4. Granting divorces
5. Vacating roads, streets, or alleys
No bill of attainder, ex post facto law, or law impairing the ob-
ligation of contracts*, to be passed
No person to be taken, or imprisoned, or disseized of his estate,
freehold, liberties, or privileges, or outlawed, or in any man-
ner destroyed, or deprived of his life, liberty, or property, ex-
cept by the judgment of his peers, or the law of the land
No local or special bill to be passed, changing the venue in
criminal cases
The State ever to mainiain a general, suitable, and efficient
system of free schools, whereby all persons in the State, be-
tween the ages of six and twenty-one years, may receive gra-
tuitous instruction
(By intendment) provision for the support of common schools,
by taxes, to be made by general laws only
(By intendment) the authorization of school districts to levy
a special school district tax, to be by general law only
No lottery to be authorized by the State, nor the sale of lottery
tickets allowed
For the restrictions imposed upon the formation of new
counties, change of county lines, and of county-seats,
with the exceptions thereto in the case of Lafayette,
Pope, Johnson, and Sebastian counties (unnecessary here
to reiterate) refer to Art. XIII, pp. 45, 44.
All property subject to taxation to be taxed according to its
value, that value to be ascertained in such manner as the
General Assembly shall direct, making the same equal and
uniform throughout the State, No one species of property
from which a tax may be collected to be taxed higher than
another species of property of equal value
Assessments on real property forlooal improvements, in towns,
and cities, to be based upon consent of a majority, in value,
of the property-holders owning property adjoining the locali-
ty to be aflfected, may be authorized by the General Assembly,
8uch assessments, hoicever, to be ad valorem, anduniform
[For list of occupations and privileges subject to special tax-
ation, see Art. XVI, Sec. 5, p. 47.
For list of descriptions of property exempt from taxation,
. see Art. XVI, Sec. 5, p. 46, and Art. IX, pp. 37 et seq.]
(By intendment) the exemption from taxation, for the term of
seven years from ratification of the Constitution, of the capi-
tal invested in any or all kinds of mining and manufacturing
businesB in the State, to be by general law only
All laws exempting property from taxation, other than as pro-
vided in the Constitution, to be void
No State tax to be allowed, or appropriation of money made, ex-
cept'to raise means for the payment of the just debts of the
State, for defraying the necessary expenses of government,
to sustain common schools, to repel invasion, and suppress
insurrection, except by a majority of two-thirds of both houses
of the General Assembly
No special act to be passed, conferring corporate powers, except
for charitable, educational, penal, or reformatory purposes,
where the corporations created are to be and remain under the
patronage and control of the State
(By intendment) no corporations (with the exceptions stated
in the above entry) Art. XII, Sec. 2, p. 41), to be formed except
under general laws, which laws may, from time to time, be
altered or repealed
[The operation of the above-cited clauses obviates the
necessity of any enumeration, under this head,— such as
would be required in case the conferment of special priv-
ileges of this character were tolerated,— of additional
restrictions impoied upon the grant of corporate franchise.
A few provisions, however, of more express restriction
of legislative action, in this regard, are appended.]
Sbc. Paqb,
5
24
14
5
24
14
5
24
14
5
24
14
INDEX TO CONSTITUTION. cci
Aet. Sec. Page.
Special Legislation (continued.)
Except as in the Constitution provided, the State never to become
a stockholder in, or subscriber to, or be interested in, the stock
of any corporation or association 12 7 42
The stock or bonded indebtedness of no private corporation] to
be increased except in pursuance of general laws, nor
until the consent of the persons holding the larger amount, in
value, of stock, shall be obtained, at a meeting held after
notice given for a period of not less than sixty days, in pur-
suance of law 12 8 42
Any association or corporation, organized for the purpose, is
[subject, of course, to vested rights acquired before the adop-
tion of the present Constitution] to have the right to con-
struct and operate a railroad between any points within this
State, and to connect at the State line with railroads of
other States 17 1 48
No law to be passed exempting from execution and sale the
rolling stock or other movable property belonging to any
railroad company or corporation in this State 17 11 50
No obligation or liability of any railroad, or other corporation,
held or owned by this State, ever to be exchanged, trans-
ferred, remitted, postponed, or in any way diminished, by the
General Assembly ; and no such liability or obligation to be
released except by payment thereof into the State treasury 5 33 15
Except as in this Constitution otherwise provided, the State
never to assume or pay the debt or liability of any county,
town, city, or other corporation whatever, or any part thereof,
unless such debt or liability shall have been created to repel
invasion, suppress iasurrection, or to provide for the public
welfare and defence 12 12 43
The power to tax corporations and corporate property not to be
surrendered or suspended, by any contractor grant to which
the State may be a party 16 7 47
The forfeiture of no charter of any corporation existing at date
of adoption of Constitution to be remitted, or any such char-
ter altered or amended, or any general or special law for the
benefitof such corporation to be passed, except on condition
that such corporation shall thereafter hold its charter, sub-
ject to the provisions of this Constitution 17 8 50
(By intendment), provision for organization of cities, and in-
corporated towns, and to restrict their power of taxation,
assessment, borrowing money, and contracting debts, to be
made by general laws only 12 3 41
Peculiar conditions of passage of special appropriations :
No extra compensation to be made to any officer, agent, em-
ploye, or contractor, after the service shall have been ren-
dered, or the contract made, unless such compensation be al-
lowed by bill passed by two-thirds of the members elected to
each branch of the General Assembly 5-27 14
No money to be appropriated or paid on any claim.'.the subject-
matter of which shall not have been provided for by pre-
existing laws, unless such claim be allowed by bill passed by
two-thirds of the members elected to each branch of the Gen-
eral Assembly 5 27 14
All appropriations other than those for the ordinary expense of
the executive, legislative, and judicial departments of State,
to be made by separate bills, each embracing but one subject.. 5 30 15
No State tax to be allowed, or appropriation of money made,
except to raise means for the payment of the just debts of the
State, for defraying the necessary expenses of government,
to sustain common schools, to repel invasion, and suppress
insurrection, except by a majority of two-thirds of both
houses of the General Assembly 5 31 15
[ In addition to these conditions imposed upon the passage
of special appropriations, the general restrictions of the
Constitution, in regard to appropriations, are, of course,
applicable.]
INDEX TO CONSTITUTION.
Page.
Special Legislation (continued.)
4. Gekebal requirements of feocedubk in order to thk passage or
SPECIAL or local LAWS :
No local or special bill to be passed, unless notice of the inten-
tion to apply therefor shall have been published, in the local-
ity where the matter or the thing to be affected may be situ-
ated .:.. 5 26
Such notice to be, at least, thirty days prior to the introduction,
into the General Assembly, of such bill, and in the manner to
be provided bylaw 5 26
The evidence of such notice having been published, to be ex-
hibited in the General Assembly hefore such act shall be
passed 5 26
5. Express concession of right of eminent domain :
The State's ancient right of eminent domain and of taxation is
in the Constitution fully and expressly conceded 2 23
The exercise of the right of eminent domain shall never be
abridged, or so construed as to prevent the General Assembly
from taking the property and franchises of incorporated com-
panies, and subjecting them to public use— the same as the
property of individuals
Special sessions of General Assembly
Sptcific appropriation, by law, requisite to drawing of money from treas-
ury
Speech, Liberty of.
freedom of. Privilege of, in General Assembly
Standoff army not to be kept in time of peace
State of Arkansas, Boundaries of
Powers of government of, how divided
never to be made defendant in any of her courts
Great seal of the...
Division of, into Senatorial districts
not, except as in Constitution otherwise provided, to become
stockholder in, or subscribe to, or be interested in. stock of
any corporation or association
AssumpTfcn or payment of liabilities of corporations by
Indebtedness of corporations to, not to be released or dis-
charged save by payment into the public treasury
never to loan its credit for any purpose whatever
never to issue interest-bearing treasury warrants or scrip
not to be party to contract or grant by which power to tax cor-
porations shall be surrendered
State Board of Supervisors of Election Under Schedule— Be9 Supervtsors
0^ Election under Schedule, State Board of.
State Geologist
State Lands. Commissioner of— See Commissioner of State Lands.
State Q^ce, General Assembly to create no permanent, not expressly pro-
vided for by Constitution
State officers. Salaries of, not to be increased or diminished during theft
respective terms of oflBce
Maximum salaries of. ,
(Prosecuting Attorneys excepted) not to receive to their own
usp any fees, costs, perquisites of office, or other compen-
sation, beside their respective salaries
Oath of office of.
Qoaliflcations of sureties upon official bonds of.
not to receive, directly or indirectly, for salaries, fees, and per-
quisites, more than five thousand dollars, net prqfit, per
annum, in par funds
All, to pay into State treasury all sums by them received, in ex-
cess offive thousand dollars net profit.per annum. in par funds..
chosen at first election, Return and announcement of
Salaries of, during two years from adoption of Constitution
1 he above entries are chiefly confined to cases where the
word "State" is used, in the Constitution. See Officers.
Executive officers. Representatives, Senators, Judges, and, under
sub-head of 'VadflTM," each court.
/5ia(« scrip, I^terest-beariuK, State never to issue
State, Secretary o/— see Secretary of State.
17
9
50
6
19
20
5
29
15
2
6
3
5
15
12
2
27
6
1
1
1
4
9
8
50
13
«,19
9,25
18,60
8
2
35
12
7
42
12
12
43
12
12
43
16
1
46
16
1
46
19
11
57
19
11
56
19
11
56
19
20
58
19
21
59
19
23
59
Sc
17
64
Sc
28
INDEX TO CONSTITUTION.
1.KT. Sec. Page.
iState tax, unless authorized by vote of majority of two-thirds of both
houses of General Assembly, to be allowed only for certain
specified purpsses 5 31 15
not to exceed, in the aggregate, one per cent, of asseised yalua-
lion of property of State for the year 16 8 47
Statement of receipt and expenditures of public money. Publication
of. 19 12 57
Stationery for use of State government, to be furnished by lowest responsi-
ble bidder, below maximum price, under regulations to be
prescribed by law 19 19 57
for use of State government. Contract for furnishing, to be
subject to approval of Govejnor, Auditor, and Treasurer 19^ 15 57
for use of State government. No member or officer ,of govern-
ment to be interested in contract for furnishing 19 15 57
Statute* of Limitation— Bee Limitation.
Steamboat companies prohibited from making diserimination in
charges or facilities for transportation, by abatement, draw-
back, or otherwise 17 6 49
General Assembly to prevent by law, grant of free passes by,
toany officer of the State 17 7 50
See, also, Corporationt.
/StocA; of railroad or other corporations, held or owned by State, not to be
released except by payment thereof into State treasury 5 33 15
of railroad, canal, and turnpike companies. Amounts, owner-
ship, and transfers of, to be recorded in books of company 17 2 48
Transfers of, of railroad, canal, and turnpike companies, to be
mjide at their principal office in State 17 2 48
of parallel or competing lines of railroad er canal companies.
Consolidation of, prohibited 17 4 49
of corporations, etc., State not, (except as in Constitution other-
wise provided) to sub scribe to 12 7 42
of private corporations. Restrictions upon issue and increase
of 12 8 42
(Stocfc^oWer* in private corporations. Rights of, in matter of increase of
stock or bonds of. 12 8 42
5«r«e<«, Vacating of, not to be affected by ipecial law 5 24 14
Style of laws 5 » 13
of Chief Magistrate of the State 6 2 16
of presiding Judge of Supreme Court, "Chief Justice" 7 2 22
of writs and other judicial process tj^. 7 49 31
of indictments 7 49 31
Subscriptions to corporations, etc., by the State (with exceptions in Con-
stitution set forth), prohibited 12 7 42
iSMcce«8io»i in office, of officers of Executive Department 6 1 16
to office of Governor, in case of vacancy 6 12,13,14 18
in office, generally 19 5 56
(Sw/raffe. Conditions of exercise of right of— general rule 3 17
Exceptions to general rule respecting exercise of right of. 3 5,6,7 8
right of. No power, civil or military, ever to interfere to pre-
vent free exercise 3 2 7
No law to be enacted whereby exercise of right of, shall depend
upon any previous registration of elector's name 3 2 7
See, also. Art. Ill, passim, and entries under Elections.
Suits against the State prohibited 5 20 3
relating to Sixteenth section lands, or to money due therefor 7 44 30
by citizens of counties, cities, or towns, for general protection
of inhabitants against enforcement of illegal exactions 16 13 4^
not to abate because of change made in this Constitution Sc 23 66
See Actions.
Superintendent of Public Instruction, Secretary of State to discharge duties
of, until otherwise provided by law 6 21 21
Supersedeas, Supreme Court may issue writs ef, in aid of its appellate
and supervisory jmrisdiction 7 22
Supervisors, County Boards of— tee County Boards of Supervisors.
Supervisors' Court*— see Courts, County.
Supervisors o/ ^ie«tion— see Election under Schedule, under sub-heads
of State Board of Supervisors of, and County Boards of Super-
visors of.
INDEX TO CONSTITUTION.
Art. Sec. Page.
Supervisory jurisdiction ot BvLprcme Court 7 4 22
of Circuit Conrt 7 14 21
Supreme Court— see Courf, Supreme:
Supreme executive poicer vested in Chief Magistrate, styled Governor, etc.. 6 2 16
Sureties upon oflBcial bonds of State and county oflScers, Qualifications
of. 19 21 59
Surety of the peace. Case of, constitutes exception to Senators' and Repre-
sentatives' privilegeof freedom from arrest 5
Surnames not to be changed by special law 5
Surveyors, County, Election of. 7
County, Term of office of. 7
Duties of. 7
Survival of right of action for injuries resultipg in death 5
Suspension of habeas corpus 2
of law or laws of the State, Power of, not to be exercised ex-
cept by General Assembly 2
of general laws, by legislature, for benefit of particular indi-
vidual, corporation, or association, prohibited 5
T.
Taxation and Taxet 16
State's ancient right of taxation fully and expressly conceded.. 2
General Assembly may delegate power of taxation, with neces-
sary restriction, to its subordinate political and municipal
corporations, to extent of providing for their existence, main-
tenance, and well-being, but no further
General principles of taxation
for State purposes. Maximum rate of.
For county purposes, Maximum rate of.
of municipal corporations, Maximum rate of
Uniform rule of valuation of property, for purpose of.
Laws impoaing, to state distinctly the object of the tax
Moneys arising from, to be appropriated for specific purpose for
which levied
State, unless authorized by vote of majority of two-thirds of both
houses ol' General Assembly, to be allowed only for certain
specified purposes
of corporations, Power of, not to be surrendered or suspended
by any contract or grant to which the State may be a party
Species ol property exempt from
Exemption of capital invested in mining and manufacturing
business in this State, from, Provision^respecting
Homestead subject to seizure for
Laws exempting property from, other than as prescribed in
Constitution, void
Sheriff to be ex-officio collector of.
County, not to exceed one-half of one per cent., except an addi-
tional one-half of one per cent, to pay indebtedness existing
at date of adoption of Constitution
of counties, towns, and cities, in what funds payable
not to be levied except in pursuance of law
county. County Courts to have exclusive original jurisdiction
in all matters relating to
upon real property, for local improvements, in town^ and
cities
county. Justices of the Peace to sit with County Judge in levy-
ing
for support of common schools. General Assembly may provide
for, by general laws
State, for support of common schools, never to exceed two mills
per dollar, annually
Poll-tax of one dollar on every male inhabitant over twenty-
one years, to be assessed for support of common schools
General Assembly may by general laws authorize school dis-
tricts to levy, by vote, tax not to exceed five mills, for school
purposes
School district special tax to be appropriated only for its
proper purpose, and in district where levied
15
12
24
14
46
31
46
31
46
31
32
15
11
4
2
23
6
16
5. 11
46. 47
16
8
47
16
9
47
12
4
41
16
5
46
16
11
47
16
7
47
16
5
47
10
3
40
9
3
38
16
6
47
7
46
31
16
9
47
16
10
47
16
11
47
INDEX TO CONSTITUTION. ccv
Art. Sho. Paqk.
Tax-payers of counties, cities, or towns. Right of, to appeal from allow-
ances made for or against the same
Tenure of lands (exclusively allodial)
Te/iMres, Feudal, of every] description, with all their incidents, prohib-
ited
Term of office of Representatives
of Senators
of members of General Assembly, to begin on day of their elec-
tion
of Governor
of Secretary of State
of Auditor of State ^
of Treasurer of State
of Attorney-General
of appointees by Governor, in cases where no other method of
fillingvacancy isprovidedby Constitution and laws
of Judges of Supreme Court
of Clerk and Reporter of Supreme Court
of Judges of Circuit Courts
of Circuit Clerks
of Prosecuting Attorneys
of Judges of County Courts
of Judge of Pulaski Chancery Court
of Clerk of Pulaski Chancery C»urt
of county officers
of State Geologist
to continue until the election and qualification .of successor
of officers chosen at election under Schedule
TerniB of Supreme Court
of Circuit Courts
of County Courts
of Courts of Probate
Teat, Religious, as qualification to vote or hold office, prohibited
Testator, Competency, in certain actions, of testimony as to transactions
with or statements of
Testtmontal to public officer, to influence his official action. Offer or ac-
ceptance of, constitutes felony
Testimony of atheists not receivable in court
of parties in civil actions
of executors, administrators, or guardians, in actions by or
against them Sc 2 61
But see, also. Evidence.
2%0MffA<«, Right to free communication of 2 6 3
lockets. Excursion and commutation, may be issued, by railroads, at
special rates 17 3 48
Tie, Case of. in elections for officers of Executive Department 6 3 17
I'itU to lands in this State, exclusively allodial 2 28 7
No law to be revived, amended, or its provisions extended or
conferred, by mere reference to its 5 23 14
to real estate, Courts of Common Pleas not to be vested with
jurisdiction in matters involving 7 32 28
to land, Jurisdiction prohibited to Justices of the Peace, where
involved 7 40 30
Totons, General Assembly to provide, by general laws, for organization
of ; 12 3 41
General Assembly to provide, by general laws, for specified
restrictions of powers of.
Restrictions upon powers of taxation and assessment by
Restrictions upon powers of borrowing money and contracting
debts by
forbidden to pass laws contrary to the general laws of the State
not to become stockholders in any corporation, etc
not to appropriate any money for, or loan credit to, any corpor-
ation, individual, etc
Assumption of liabilities of, by the State
never to loan credit for any purpose
to issue no interest-bearing evidences of indebtednesi, except
bonds authorized by law to provide for and secure payment of
indebtedness existing at date of adoption of Constitution
7
51
32
2
28
7
2
28
7
5
2
10
5
3
10
5
16
12
6
1
16
6
1
16
6
1
16
6
1
16
6
1
16
6
23
21
7
6
23
7
7
23
7
17
25
7
19
25
7
24
26
7
29
2T
7
44
80
7
44
30
7
46
31
10
2
40
19
5
56
Sc
26
67
7
8
23
7
12
24
7
31
28
7
34
28
2
26
6
Sc
2
61
5
35
16
19
1
35
Sc
2
61
12
3
41
12
3, 4
41
12
3. 5
41
12
4
41
12
5
41
12
5
41
12
12
43
16
1
46
INDEX TO CONSTITUTION.
Skc.
!forona. Assessments on real property for local improvements in» may
be authorized by General Assembly
Taxes of, in what funds payable
Orders or warrants of, receivable for corporation taxes
Right of citizens to institute suit for general protection of in-
habitants against enforcement of illegal exactions
Appeals from allowances made for or against
Power of Supremo Court to issue writs of quo warrasto to
officers of
Municipal Corporation Courts of.
Corporation Courts of. Jurisdiction of.
See Municipal Corporations.
Toien and township officers :
[The entries under this head include all those where "town"
or "township" officers are tpecifieally referred to under that
title. For provisions applicable to «?i officers. Fee Office,
Offices, and Officers. Those applying to each particular
class of officers, are given under their proper heads in the
Index. See, especially. Municipal hoards, commissions, and
trusts, Muuicipal corporations, and Municipal offices. See,
also. Qualifications, and Disqudtifications.]
Qmtested elections. — In all cases of contested elections for any
county, township, or municipal office, an appeal shall lie, at
the instance of the party aggrieved, fromlan^ inferior board,
council, or tribunal, to the Circuit Court, on the same terms
and conditions on which appeals may be granted to Circuit
Courts in other cases; and on such appeals the case shall be
tried de novo
Vacancies —All vaca<icies occurring in any township office, to
be filled by special election, save, that in case of vacancies oc-
curring in county or township offices six months, and in oth-
er offices nine months, before fthe next general election, such
vacancies shall be filled by appointment by the Governor
Residences.— All district, county, and township officers, shall re-
side within their respective districts, counties, and townships..
Place of office. — All district, county, and township officers shall
keep their offices at such places, therein, as are now, or may
hereafter be. required by law
Compensation.— 1^0 officer Of this State, nor of any county, city,
or town, shall Beceive. directly or indirectly, for salary, fees,
and perquisites more than five thousand dollars, net profit,
per annum, in par funds; and any and all sums in excess of
this amount shall be paid into the State, county, city, or town
treasury, as shall hereafter be directed by appropriate legis-
lation
First election for
Transfer of obligations or liabilities of corporations, held or owned by
State, pjiohibited
Transfers of stock of railroad, canal, and turnpike companies, to be made
at their principal office in State
IVoiisportation
See. also, Railroads, Canals, Turnpikes, and Steamboats.
Transportation Companies, Certain, to be common carriers
Travellers, Security of life, health, and safety of.
Treason against the State, Definition of.
Requisites to conviction of.
Case of, constitutes excQption to elector's privilege of freedom
from arrest
Case of, constitutes exception to Senators' and Representatives'
privilege of freedom from arrest
Case of. constitutes exception to privilege of volunteers and
militia from arrest, at musters, etc
Case of, an exception to Governor's unconditional power to
grant repriatves, commutations of sentence, and pardons,
after conviction
Governor to have power, by and with advice and consent of
Senate, to grant reprieves and pardons in cases of
Qovegbor may, in the recess of the Senate, respite sentence for,
until adjournment of next regular session of General Assem-
bly
Paok.
19
27
60
16
10
47
16
10
47
16
13
48
7
51
32
7
5
23
7
1
22
7
1.43
22.30
19
23
59
Sc
3
61
,12
33,12
15.48
17
2
48
17
1,3,6,7.10
48;49,50
17
1
48
19
18
58
2
14
4
2
14
5
3
4
8
5
15
12
11
3
40
6
18
20
6
18
20
INDEX TO CONSTITUTION.
Sec. Page.
Treasurer of State a,n officer of Executive Department
how chosen .^
Returns of election of.
Contested elections for
Case of tie in elections for
Term of office of.
Salary of, etc
Salary of, during two years from adoption of Constitution
Vacancy in office of
liable to impeachment
how removable upon address
ineligible to seat in either house of General Assembly
to hold no office or commission, civil or military, in this, or un-
der any. State, or U. S., or any other power, at one and same
time
to keep his office, in person, at seat of government
to perform such duties as may be prescribed by law
Publication of receipts and expenditures of public money
Contracts for stationery, paper, fuel, printing, and binding, for
State government, distribution of laws and public docu-
ments, and repairing and furnishing halls and rooms of Gene-
ral Assembly, to be subject to approval of.
Auditor to draw warrant upon, to defray expenses of election
under Schedule
First election for
chosen at first election. Return and announcement of election
of.
first elected, when to enter upon discharge of his duties
Treasurers of Counties, Election of.
Term of office of.
Duties of.
to be, ex-officio, treasurers of the common-school fund of the
county
Treasury of the State, Money not to be drawn from, except in pursuance
of specific appropriation by law, made in manner specified
Moneys not to be paid out of, except in accordance with appro-
priations bylaw
Obligations or liabilities of railroad or other corporations, held
or owned by State, not to be released except by payment
thereof into
Fees, costs, and perquisites of office, payable for services per-
formed by State officers. Prosecuting Attorneys excepted, to
be paid into, in advance
All officers to pay into, all sums by them received, in excess of
five thousand dollars net profit, per annum, in par funds
Publication of receipts and expenditures in
Treasury icarrants, interest-bearing. State never to issue
Trial ly jury. Eight of.
to extend to all oases at law, without regard to amount in con-
troversy
may be waived by the parties
Accused entitled to, in criminal prosecutions
to ascertain amount of compensation for property or right of
way appropriated to use of corporations
in question of parallelism or competition of lines of railroads
or canals ,
See Jury.
Trial, Second, of accused, whore jury divide in opinion
in criminal prosecutions, Division of opinion of jury, in
of appeals to Circuit Court, from allowances made for or against
counties, cities, or towns, to be de novo
of appeals to Circuit Court in contested cases for county, town-
ship, or municipal offices, to be de novo
Trust, Offices of— ace Office, and Offices.
Trustees of express trusts. Homesteads subject to seizure under judgments
for money due from, in their fiduciary capacity
Trusts, Municipal, Members of, aldermen not included, disqualified for
service as officers of election
22
6
1
16
6
S
16
6
3
16
6
4
17
6
3
17
6
1
16
19, So
11,28
56, 67
Sc
28
67
6
22
21
15
1
45
15
3
45
5
7
11
6
22
21
6
1
16
6
22
21
19
12
57
Sc
27
67
Sc
3
61
Sc
17
64
Sc
17
65
7
46
31
7
46
31
7
46
31
7
46
31
5
29
15
16
12
48
5,12
33,12
15, 4S
19
23
59
19
12
57
16
1
46
2
7
3
2
7
3
2
7
3
2
10
4
12
9
42
17
4
49
2
8
3
2
8
3
7
51
32
7
52
32
9
3
3»
3
10
8
INDEX TO CONSTITUTION.
Turnpike companies ■.
to maintain one oflSce in the State, where transfers of stock
shall be made
Books of, to be kept at office, for inspection of stockholders
and creditors
Books of, to show ownership, amounts, and transfers, of
stock, and names and places of residence of officers
Laws to be passed to correct abases, and to prevent unjust dis-
crimination, and excessive charges, by, etc
See, also. Corporations,
Turnpikes
to be public highways
Equal right of all individuals , corporations, etc. , to transporta-
tion of persons and property over
Undue or unreasonable discrimination in charges, and in facili-
ties of transportation, upon, prohibited
r.
Skc.
Pack.
17
48
17
2
48
17
2
48
17
2
48
17
10
50
17
48
17
1
48
17
3
48
17
3
48
u.
Unconstitutionallaws to be void 2
United States, Office, appointment, or employment, under, disqualifies
for service as officer of election 3
Militia, etc, called into actual service of, not commanded in
chief by Governor 6
office or commission. Treasurer, Secretary, and Auditor, of
State, and Attorney General, prohibited from holding. 6
Enumeration of inhabitants by 8
Absence on business of, to cause no forfeiture of residence 19
Army and Navy of—seeArmy, and Navy, respectively.
Universities, Funds for benefit of, not to be used for other than their
proper purpose 14 2
Unsealed instruments, concerning contracts between individuals, executed
since adoption of Constitution of 1868, Rule respecting Sc 1
Usury 19 13
v.
29
7
10
8
G
17
22
1,2.4
21
33,31,37
56
Vacancies in General Assembly, Governor to issue writs lof election to
fill 5 6 10
Vacancy \n office of Governor, how filled 5,-3 IS,— 12, 13,18
13,14
concurrent, in offices of Governor and President of Senate, Case
of 6 13 18
in office of Governor, not happening within twelve months next
before expiration of term of office for which he shall have
been elected. Case of 6 14 18
in position of presiding officer of either house of General Assem-
bly, to be filled by, election 5 18 13
in office of Treasurer, Secretary, or Auditor, of State, or of At-
torney General, Governor to fill by appointment 6 22 21
in certain offices provided for in Art. VII of Constitution [i. e.,
judicial officers, and officers of courts] 7 50 31
in county and township offices 7 50 31
in office, in case no mode is provided. by Constitution and laws,
for filling the same, to be filled by appointment of Governor... 6 23 ■ • 21
in office, Persons appointed to fill, must possess qualifications
of electors 19 3 55
in State Board of Supervisors of Election under Schedule Sc 7 62
Vacating of roads, streets, or alleys, not to be eflfected by local or special
law 5 24 14
Vagrants, County Courts to have exclusive original jurisdiction in mat-
ters relating to 7 28 27
FaJwation of property. Assessors to receive no per centum upon 7 46 31
of property or right of way appropriated to use of corpora-
tions 12 9 42
Uniform, of property, for purpose of taxation 16 5 47
INDEX TO CONSTITUTION.
5
35
16
2
10
4
5
24
14
2
10
4
6
15
19
6
16
20
6
17
20
14
1
44
10
7
56
3
12
9
5
14
12
11
2
40
11
3
40
Aet.
Value, to influence action^of public officer, OflFer or acceptance 'of, con-
stitutes felony
Venue in criminal, prosecutions
in criminal cases, not to be changed by.locaVor. special law
Change of, in criminal prosecutions
Feto of bills
of joint and concurrent orders and resolutions
of items of bills making appropriations
For full digest upon this subject, see under principal head
of Gkneral Assembly, sub-head oi Vetoes, special
paging (6.)
Fio?e»ce,'Powor"of each house of General.Assembly 'to protect its mem-
bers against
Firtwe a safeguard of liberty and bulwark^ of Lfree and good govern-
ment
Fm78, Absence on, to cause no forfeiture >f residence
Viva voce. All elections by persons acting.inlrepresentative capacity to
be
Elections of officers, in General Assembly, to be
Volunteer companies of militia
Volunteers, Privilege of. from arrest
Vote, Voters, and Voting— soe Elections.
Votes, in General Assembly, requiring other than a majority ov a
QUORUM, OF either OR BOTH HOUSES :
;JL. Propositions requiring concurrence of less than a majority of a quorum
of either house:
a. Number of members of either house, smaller Jhan a quorum,
may adjourn from day to day 5 11 11
6. Number of members of either house, smaller Jhan. a' quorum,
may compel the attendance of absent members, in such man-
ner and under such penalties, as each house _shall. pro-
vide 5 11 11
c. The yeaifi and nays, on any question, at.the'dcsire of ,^»e'mem-
bers, to be entered on the journals 5 12 12
2. Propositions requiring concurrence'^of a~ majority of all the members
elected to each house:
a. Passage, over veto, of bill returned by the Governor, with his
objections 6 15 19
b. Passage, ovorveto, of joint or concurrent'order orresolution,
returned by the Governor, with his objections 6 16 20
c. Passage, over veto, of item or items, ^returned by the.Gover-
nor, with his objections, of appropriation bill embracingdis-
tinct items 6 17 20
d. Proposed amendments to Constitution 19 22 59
3. Proposition requiring concurrence of a majority of all the members elected
to the two houses :
Election, in joint session of the two .houses, of Governor, Sec-
jl .. , retary of State, Treasurer of State, Auditor of State, or At-
torney General, in case of tie in popular. vote 6 3 17
4. PropositionsZ requiring the concurrence of two-thirds of either house :
a. Expulsion of a 'member 5 12 11
b. Suspension of the rules in order to enable a'bill to be read a
second or third time on same'^day 5 22 13
c. Conviction, '.by the Senate sitting'as a court _of impeach-
i;^^ ment* 15 2
5. Propositions requiring the concurrence of two-thirds of each house:
(1) Allowance of State tax, or (2) appropriation of money, except
to raise means (a) for the payment of the just debts of the
State, (6) for defraying the hecessary expenses of.government,
(c) to sustain common schools, (d) to repel invasion, 'and. (e)
suppress insurrection 5 31 15
*The Editor does not undertake to decide whether, in this case, the affirmative vote of two-thirds of
the Senators present, only, or of two-thirds of all the members elected to the Senate, is required, in order
to conviction. The language of the Constitution is : "No person shall be".convicted.without..tl:e ccr-
currence of two-thirds of the members thereof."
INDEX TO CONSTITUTION.
6. Propositions requiring' the concurrence of two-thirds of all the members
elected to each house :
a. Extension of biennial session ^beyond sixty days ' («a;cept
(1) at first session under this Constitution, and.; (2) 'when' im-
peachments are pending)
b. Allowance of extra compensation to .any .oificer, agent, em-
. ploye, or contractor, after tho^service shall^have been ren-
dered, or the contract made
f" . c. Appropriation or payment of .money, on any.;claimthelsub-
ject-matter of which shall not have'been provided for by. pre-
existing laws
d. Extension of extraordinary session. (such.extension in no
case to exceed fifteen .days) after disposal of business set
forth in Governor's proclamation convening .the same
e. Joint address of the two houses, to the Governor, for the re-
moval of Auditor, Treasurer,.Secretary of ..State, I Attorney
General, Judges of the Supreme or Circuit Courts, Chancel-
lors, or Prosecuting Attorneys
Vouehera relating to ofiicial acts and proceedings of Governor, to be
laid, when so required, before either .branch of the General
Art. Sec. Pagf
W.
2
14
4
2
27
7
So
2
CI
2
15
5
16
1
46
16
10
47
12
8
42
12
9
42
12
12
43
9
6,10
38,39
Watcerlof. "trial byjury, by consent of parties
War, Offences arising in militia in actual service in time of, or of public
danger
Levying of, againsttho, State, to constitute. treason
time of. Quartering of soldiers in
Ward, Competency, in certain actions, of testimony as to transac-
tions with or statements of.
Warrant for search or seizure. Conditions of issue of.
Warrantt, treasury. Interest-bearing, ^Statelnever.to issue
of counties, townsland cities, receivable for ' taxes ,, thereof , re-
spectively
Watering of stock of private>orporations,' prohibited _^
Way, right of. Appropriation of. to use 'of corporations
Welfare, public. State may contract debts to provide 'for
Wiidoio, Homestead exemption for benefit of.
Wills, Jurisdiction in matters relative to probate of, vested in Courts of
Probate 1 7 34 28
Witness against one's self in criminal cases, No person to be 'compelled
to be 2 8 3
No person to be rendered incompetent as,* on" account* of his
religious belief 2 26 6
Wit»e8«e8 not to "be unreasonably detained 2 9 __, 4
adverse, Right'of accused to be confronted' with ; 2 10 4
Right'of accused to'compulsory,. process for 2 10 4
Two, requisite' to overt act, in cases of treason 2 14 5
Election ofiBcers summoned as, injudicial proceedings, or pro-
ceedings to contest an election, may be 'required to disclose
how an elector voted 3 3 8
in trials of contested elections, and proceedings 'for'investiga-
tion of elections. Rule as to'self-crimination of, etc
Atheists disqualified to serve as ]
_^Competency of,'in civil actions ,.«i»«.
Worship, Liberty of. .....T.....7.......
No preference ever to be given.'by law, to any mode'of
None rightfully compellable to attend, erect, or support, any
f ' ' place of.
' ' public, Each religious denomination to be protected in peacea- ^
ble:enjoyment"of its own mode of.
Writs of certiorari , ^
of error .^i
of habeas corpus '■
of habeas corpus, Suspensionlof.
of injunction
of mandamus ; j_«j
ProTisional
3
9
8
19
:: 1
55
Re
2
61
^2"
24,25
""" 6
2
24
6
2
24
6
(ps-
2
:• 25 J
'j '6
7
4
22
" 7
4
" 22
7.7
11,4,37
4,22,29
2
11
29
7
37
29
7
4
22
7
37 a
29
INDEX TO CONSTITUTION. ccxi
Writs of Quo-warranto
of prohibition
Remedial
of supersedeas
Style of.
of election to fill vacancies in General Assembly, Governor to
issue
Supreme Court, in aid of its appellate and supervisory jurisdic-
tion, may issue, of error, supersedeas, certiorari, habeas cor-
pus, prohibition, mandamus, quo-warranto, and others, of a
remedial nature, and may hear and determine the same
to be issued, heard, and determined by Circuit Courts
Power of County Judge to issue, in absence, from county, of
Circuit Judge
Writing, Liberty of
Wrongs, Right to remedy for.....
Y.
Art.
Sec.
Page.
4,5
22,23
4
22
4
22
4
22
49
31
5
6
10
7
4
22
7
14
24
7
37
29
2
6
3
2
13
4
Yeas and Nays, at desire of five members of either house of General As-
sembly, to be entered on the journals 5 12 12
on final passage of bills, to be taken, and recorded on journ- •
al 5 22 13
upon passage of bills returned, by Governor, disapproved, to be
entered on journals 6 15 19
Votes of both houses of General Assembly, on bills returned, by
Governor, disa,pproved, to be determined by 6 15 19
upon passage of joint and concurrent orders or resolutions,
returned by Governor, disapproved, to be entered on journ-
als 6 16 20
upon passage of items, returned by Governor, disapproved, of
appropriation bills, to be entered on journals 6 17 20
on proposed amendments to the Constitution, agreed to by a
majority of all members elected to each house, to be entered
on journals 19 22 59
APPORTIONMENT TO SENATORIAL DISTRICTS.
APPORTIONMENT OF COUNTIES
TO
SENATORIAL DISTRICTS,
AS PRESCRIBED UNTII^ AFTER THE UNITED STATES CENSUS OF 1880.
COUNTY.
DISTRICT.
COUNTY.
DISTRICT.
13th.
17th.*
23d.
24th.
3d.
18th.
19th.
3d.
15th.
30th.
1st.
21st.
26th.
Ist.
25th.
7th.
7th.
16th.
15th.
16th.
17th.
27th.
25th.
23d.
9th.
9th.
1st.
20th.
9th.
22d.
6th.
23d.
29th.
nth.
4th.
21st.
2d.
Lee
Ashley
Lincoln
16th
22d.
Sth.
12th.
24th.
23d.
21st.]
29th.
13th.
30th.
20th.
3d.
19th.
10th.
14th.
30th.
29th.
22d.
4th.
12th.
10th.
2d.
9th.
7th.
26th.
28th.
22d.
28th.
2d.
6th.
18th.
26th
[MlLLEEl
Claek
CLAYt
Monroe
Conway
Newton
Pike
Poinsett
DORSBY
Pope
Dkkw
Prairie
Faulkner '
Pulaski
Fulton
Saline
Garland
St Francis
Grant
Searcy
Greene
Hempstead
Sebastian
Sevier
Scott
Sharp
Howard
Independence
Stone
Jackson
Van Buren
5th.
White
27 th.
7th.
Lawrence
Yell
8th.
*For list of Senatorial Districts, reciting the counties composing each, see Constitution, Art. VIII,
Sec. 2, p. 35.
tName changed from that of Clayton County, by Act of General Assembly, approved December 6th,
1875.
JName changed from that of Sarber County, by Act of General Assembly, approved December 14th,
1875.
ICreated by Act of General Assembly, approved December 22d, 1874, and therein assigned to the
Twenty-firstlSenatorial District.
APPORTIONMENT TO JUDICIAL CIRCUITS.
CCXlll
APPORTIONMENT OF COUNTIES
TO
JUDICIAL CIRCUITS,
AS PRESCRIBED UNTIL OTHERWISE PROVIDED BY THE GENERAL ASSEMBLY.
•COUNTY.
CIRCUIT,
COUNTY.
CIRCUIT.
11th.
10th.
3d.
4th.
4th.
10th,
9th.
4th,
10th.
8th.
2d.
9th.
7th.
2d.
5th.
2d.
2d.
10th.
nth.
10th.
10th.
6th.
5th.
3d.
7th.
7th.
2d.
9th.
7th.
8th.
3d.
3d.
3d.
nth.
5th.
9th.
3d.
Lee
1st.
nth.
8th.
5fh.
6 th
Boone
Lonoke
4th.
4th.
9th.]
2d.
1st.
[Miller] . ...
Claek
CLAYt
Montgomery
8th.
9th.
4th.
9th.
7th.
1st.
8th.
2d.
8th.
5th
Ouachita
Crittenden
Phillips
PiKK
Cross
Dallas
Poinsett ,,.
Desha
Polk
Dorset
Pope
Drew
1st.
6th.
2d.
7th.
1st.
4th.
5th:^
8th.
8th.
3d.
3d.
9th.
6th.
4th
Faulkner
Franklin
Randolph
Fulton
Saline
Garland
Grant
Searcy
Greene
Sfbastian
Hempstead
Hot Spring
Scott
Howard
Independence
Izard
Jackson
VanBuren
Washington
Jefferson
Johnson
White
1st
Lafayette ;
1st.
5th.
Lawrence
Yell
*For list of Judicial Circuits, reciting the counties composing each, see Constitution, Art. XVIII,
p. 51.
tName changed from that of Clayton County; by Act of General Assembly, approved December 6th,
1875.
tName changed from that of Sarber County; by Act of General Assembly, approved December 14th,
1875.
ICreated.by Act of General Assembly, approved December 22d. 1874, and therein assigned to the Ninth
Judicial Circuit.
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