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UNIVERSITY OF CALIFORNIA.



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DOCUMENTS
OEPT.



T H E



CONSTITUTION



n F :\n \;



STATE OF ARKANSAS.

Framed and Adopted by tiik «^.'u_\n kntion aviiich Assembled at
Little Rock, July liih, ;s7l. an- IIatifjed

BY THE PEOPLE OF THE STATE,

At the Electio-V heli) Oct. 13th, 1874.
il *^* W 1 T 11 //

MARGINAL NOTES,

A. Dociimeiitary History of tlie Constitution,

And a Copious Index, '

IN THE NATDKE OF

A. DIGEST.



By JAMES M. POME ROY

OK THK BAB Ml- LiiiL.. liUCK.

Sy gitttlrarity.




p. A. LADUE. Printer.

LITTLE ROCK, ARK.
1876.



0-'






\Si^-



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.

In Testimony Whereof, / have hereunto set ran hand and

affixed my official seal, at Little Rock, this ninth day of

June, A. D. eighteen hundred and seventy-six'.

B. B. BEAVERS,




""Q-H-^ y^^'^^ 6'ecre<«r7/ oj 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 followed in
the minutest particular. A few clerical errors occur in the engrossed document.
In some such instances, superfluous letters or words have been enclosed in 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.

JAttle Bock, May Isf, 1876.



CONTENTS OF THE VOLUME.



PAGI



Certificate of Secretary of State to copy 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, op 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, . . " xxvi

CONSTITUTION OF ARKANSAS, xxxii

Analytical Index to Constitution, c\

[Table showing Apportionment of Counties to Senatorial Districts, ^ At

as prescribed until after the U. S. Census of 1880, I close

Table showing Apportionment of Counties to Judicial Circuits, as i of

prescribed until otherwise provided by General Assemblj'^,] j Index.



DOCUMENTS, ETC.,



ILLUSTKATl.NG THK



HISTORY OF THE



CONSTITUTION OF ARKANSAS.



MEMBERS iP? T J BESIT Y]
Arkansas Constitutional Convention of 1874.



Arkansas County.
JAMES A. GIBSON.



Conway County.
WILLIAM S. HANNA.



Ashley County.
MARCUS L. HAWKINS.



Craighead County.
JOHN S. ANDERSON.



Baxter County.
JOHN W. CYPERT.



Crawford County.
HUGH P. THOMASON.



Benton Cmcnty
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.



Crittenden County.
W. L. COPELAND.

Cross County.
J. G. PRIERSON.

Dallas Coicnty.
W. D. LEIPER.

Desha County.
[X. J. PINDALL.t]
J. PENNOYER JONES.J

Dorsey County.
JOHN NIVEN.



Chicot County.



P. DOWNS.



Drew County.
JAMES P. STANLEY.



Clark County.
HARRIS PLANAGIN,*
JESSE A. ROSS.

Clayton County.
E. POSTER BROWN.

Columbia County.
GEORGE P. SMOOTE,
DAWSON L. KILLGORE.



Faulkner County.
JOHN DUNAWAY.

Franklin County.
WILLIAM W. MANSFIELD.

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 oriirinallv occupied by X. J. Pindall.

b ^ ^ (ix)



MEMBERS OP THE CONVENTION.



Ghrant County,
DAVIDSON O. D. CUNNINGHAM.

Qreene Cotmty.
BENJAMIN H. CROWLY.

Hempstead County.
GRANDISON D. ROYSTON,
JOHN^R. EAKIN.

Hot Spring Coxinty^
W. C. KELLY.

Howard Cotiniy.
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 Cownty.
SETH J. HOWELL.

Lafayette County.
VOLNEY V. SMITH.

Lawrence County.
PHILIP K. LESTER.

Lee County.
MONROE ANDERSON.

Little River County.
JAMES H. WILLIAMS.

Lincoln County.
REASON G. PUNTNEY.

Lonoke County.
JAMES P. EAGLE.



Madison County.
JOHN CARROLL.

Marion County.
ROBERSON J. PEIRCE.

Mississippi County.
CHARLES BO WEN.

Monroe County.
SIMON P. HUGHES.

Montgomery County.
NICHOLAS W. CABLE.

Nevada County.
RUFUS K. GARLAND.

Newton 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 County.
RODERICK JOYNER.

Polk County,
STEPHEN C. BATES.

Pope County,
JOHN R. HOMER SCOTT.

Prah'ie County.
DAVID F. REINHARDT.

Pulaski Cmmty.
JAMES F. FAG AN,*
GEORGE N. PERKINS,
JESSE BUTLER,
SIDNEY M. BARNES,
DAN. O'SULLIVAN.I



* 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 MILLEK, Jr.

St. Francis County.
JOHN M. PAKKOTT.

Saline County.
JABEZ M. SMITH.

Sarber County.
BEN. B. CHISM.

Scott County.
J. W. SORKELS.

Searcy County.
WILLIAM S. LINDSEY.

Sebastian County.
R P. PULLIAM,
WILLIAM M. FISHBACK.

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 Oounty.
JESSE N. CYPERT,
JOSEPH W. HOUSE.

Woodruff County.
WILLIAM J. THOMPSON.

Yell County.
JOSEPH T. HARRISON.



Officers of the Convention.



President, GRANDISON D. ROYSTON, of Hempstead Cuiinty.

Secretary, Thomas W. Newtox, of Pulaski County.



Assistant Secretaries.



(N B

:, J R. G

1. Chai



N. B. Pearce, of Benton County.
" '" Woods, of Phillips County.

vRLEs C. Reed, Jr., of Conway County.



Chaplain, Rev. W. W. Keev, of Pulaski County.

Sergeant-at'Arms, . . Thomas L. Hill, of Conway County.
Dooorkeeper, .... Saniord 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.



ACTS OF GENERAL ASSEMBLY,

PROVIDING FOR CONVENTION TO FRAME NEW CONSTITUTION.




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)



xiv 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 present may adjourn from
day to day until a majority is present, and then proceed to be organized.

Sec. 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.

Sec. 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 Convention 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 be 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 Board 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 (S2) 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 efiect 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 HOLDING
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. 1).
1874, for the purpose of electing delegates to said con ventio:. :

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 providing for a rote for or against the hold-
ing of a convention, was omitted, had been issued May 22d.— Bditqe.

a



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-
%.t\e Rock, this 16th day of June, A. D. 1874.
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, " FOK '
AND "AGAINST" THE CALL OF A CONSTITUTIONAL CONVENTION FOR'
THE STATE OF ARKANSAS.*



COUNTIEkS.


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p


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of
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il


COUNTIES..


53

a
<

a
jr.

a


1



<

a

o'
a


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1 f

1383
224
906
535
584
1590
493
519
880
1002
246
3296
182
308
430
1018
703
2591
1172
1412
•874
1057
428
312
815
.541
2143
1147
18.33
855
27,51
1929
1724
1693


ri-
ll

ft




99-5
(539
2365
1277
842
535

om

1260
1593
1299

9(56
1610
1012

540

843
1298

757
1015
1110

748
11.55

491

12?;^

667
921
825
1330
629
7n8
1870
745
1372
1116
1396
849
952
627
1&36


i

31

6
8

r62
23

214
5

123
25


.578
628
2358
1251
829
504
527
611
1255
1031
1276
7.52
1605
889
.M5


::::::!
1

2016

••■44!

1

1


Lonoke

Lincoln

Madison


1506
918
1037
545
602
1614
496
542
935
1010
301
3296
301
313
432
1047
1103
2673
1179
1412
874
1058
432
407
819
545
2145
1248
18;M
866
2776
1931
1732
1702

8025V



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