UC-NRLF III ^^ffi^■^^-- •^;^-/T^'- C8* •30 LIBRARY UNIVERSITY OF CALIFORNIA. GIFT OK^ Received^ ^ .'.^...-i88^ Accessions No 4, 08- X^bSO^ Shelf No. H DOCUMENTS OEPT. T H E CONSTITUTION 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 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" 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«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 ^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 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»oiMf 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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