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tion by stockholders and creditors

of railroad, canal, and turnpike companies, what to contain

Official, to be turned over to officers chosen at first election

Boundaries of the State

of counties. Change of.

Breach of the peace. Case of, constitutes exception to electors' privilege of

freedom from arrest

Case of, constitutes exception to Senators' and Representatives'

privilege of freedom from arrest

case of, Privilege of volunteers and militia from arrest, at mus-
ters, etc.. not to extend to

Bribe, Reception of, by officer, to be considered felony, and punished ac-
cordingly

Bribery in elections, to constitute felony, and disqualify for offices of trust

or profit

Conviction of, after adoption of Constitution, disqualifies for

seat in General Assembly, or office of trust or profit

of public officer, to constitute felony, in both parties, and to be

punished accordingly

at election under Schedule, Penalty of.

Bribes, Power of each house of General Assembly to protect its members

against offers of.

Bridges, County Courts to have exclusive original jurisdiction in all mat-
ters relating to

Contracts for erection or repairs of

Buildings for schools, and used exclusively for public charity, exempt

from taxation

Buildings, Public, Contracts for erection or repairs of.

Burdens of citizenship. No exemption from, on account of race, etc

Bureau, Mining, Manufacturing, and Agricultural, General Assembly

may create

Business, of specified descriptions. Absence on account of, to cause no for-
feiture of residence



Art. Sec. Page.



C.



Called sessions of General Assembly

Canal Companies to be common carriers

to maintain one office in the State, where transfers of stock
shall be made

Books of, to be kept at office, for inspection of stockholders and
creditors

Books of, to show amount, ownership, and transfers of stock,
and names and places of residence of officers

Consolidation, lease, purchase, or control, of parallel or com-
peting lines of, by their lessees, purchasers, or managers, pro-
hibited

Officers of, not to act as officers of similar companies control-
ing parallel or competing lines

Officers of, prohibited from interest, direct or indirect, in
supplies to such company, or in its business as common car-
rier

prohibited from making discrimination in charges, or in facili-
ties for transportation, by abatement, drawback, or other-
wise

or their lessees, managers, or employes, prohibited from mak-
ing preferences in motive power

General Assembly to prevent, by law, grant of free passes by, to
any officer of the State

Laws to be passed to correct abuses, and to prevent unjust dis-
crimination, and excessive charges, by

See, also. Corporations.
Canals

to be public highways

Equal right of all individuals, corporations, etc., to transporta-
i»n of persons and property over



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cxii INDEX TO CONSTITUTION.



Undue or unreasonable discrimination in charges and facilities

of transportation upon, prohibited

Question of parallelism or competing lines of. to Ve decided by

a jury, as in other civil issues

Canvaaaers, Board of, of returns of election to fill vacancy in oflSce of

Governor

Capital invested in mining and manufacturing businsss in this State. Ex-
emption of, from taxation

Capital of the State— see Seat of government.
Capital offences— see Offences, Capital.
Capital stock— see Stock.

Cavalry, Volunteer companies of.

Cem*teries, used exclusively as such, exempted from taxation

Census, by the State government

of the United States. A. D. 1880

Certificate of election of .Constables

Certiorari, Supreme Court may issue writs of, in aid of its appellate and

supervisory jurisdiction

Challenge to duel....

OAanfireo/ Jiames of persons, not to be effected by special law

Change of venue in criminal prosecutions

in criminal cases, not to be effected by local or special law

Chancellor of Pulaski Chancery Court— see Courts, under sub-head of

Pulaski Chancery Court, Judge of.
Chancellors — See Courts of Chancery, Judges of.
Chancery Court of Pulaski County— see Courts, under sub-head of

Pulaski Chancery Court.
Chancery Courts — see Courts of Chancery.

Character, Right to remedy forinjuriesor wrongs to

Charge, criminal. Persons how to be held to answer

Charges to juries, to declare the law without regard to matter of fact

to juries, to be reduced to writing at request of either party

Charitable Corporations

Charity, public. Buildings, grounds, and materials, used exclusively for, ''

exempt from taxation 16 5

Charters under which bona fide organization be not made and business
commenced in good faith, at adoption of Constitution, de-
clared invalid 12 1

Power of General Assembly to alter, revoke, or annul 12 6

Conditions of remission of forfeiture, alteration, or amend-
ment of. 17 8

Chief Justice — see Courts — Supreme, Chief Justice of.

Chief Magistrate, Supreme executive power to be vested in

to be styled '* The Governor of the State of Arkansas"

Children, adoption or legitimation of, No special law to be passed, au-
thorizing

minor. Homestead exemption for benefit of.

Churches, used as such, exempted from taxation

Circuit Clerks ,

Election of.

Term of oflBce of.

to be (except in cases of counties with population exceeding
fifteen thousand, where separate County Clerks are to be
chosen) ex-ofl5cio clerks of County and Probate Courts and

Recorders

To sign all writs and other judicial process of the courts of

which they are clerks

Circuit Courts — see Courts, Circuit, and Courts, Inferior.

Circuits, Judicial

State to be divided into

[ For list of judicial circuits, showing of what counties the cir-
cuits respectively are to be composed, until otherwise provided by
th« General Assembly, see Table at close of the Index.]

Circulating medium. Acts authorizing issue of, prohibited

Cities, Municipal Corporation Courts of

Power of Supreme Court to issue writs of quo-warranto to ofii-

cers of.

Corporation Courts of. Jurisdiction of.

Appeals from allowances made for or against



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INDEX TO CONSTITUTION.



ST.


Sec.


Paqr.


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Cities, General Assembly to provide, by general laws, for organiea-

tion of.

General Assembly to provide, by general laws, specific restric-
tions of powers of.

Restrictions upon powers of taxation and assessment by

Restrictions upon powers of borrowing money and contracting

debts by

forbidden to pass laws contrary to the general laws of the

State

not to become stockholders in any corporation, etc

not to appropriate any money for, or loan credit to. any corpo-
ration, individual, etc

Assumption of liabilities of, by the State

never to loan credit for any purpose

to issue no interest-bearing evidences of indebtedness, except
bonds authorized by law to provide for and secure payment of

present existing indebtedness

Taxes of, in what funds payable

Orders or warrants of, receivable for corporation taxes

Right of citizens to institute suit for general protection of in-
habitants, etc

Assessments on real property for local improvements in, may

be authorized by General Assembly

See, also. Corporations, Municipal.
City Courts— see (hurts. Corporation.
City officers, except aldermen, and including members of any municipal
board, commission, or trust, disqualified for service as oflBcers

of election

Maximum of salary, fees, and perquisites of.

to pay into city treasury all sums by them received, in excess

of five thousand dollars net profit per annum

dtp offices. Appeals in cases of contested elections for

Citizen to be deprived of no right, privilege, or immunity, and exempted
from no burden or duty, on account of race, color, or previous

condition

Citizens, Right of, to keep and bear arms, for their common defence

Equality of privileges and immunities among all

Distinctions of law between, land resident aliens, in matter of

property, forever prohibited

of counties, cities, and towns. Right of, to institute suit for

general jfrotection of inhabitants, etc

of countiaB, cities, or towns. Right of, to appeal from allow-
ances made for or against the same

See, also^ People, and Bights.

Civil actions. Competency of witnesses in

Civil liberty. Acknowledgment of, gratitude to God for

Perpetuation and security of, one of the objects of, the Constitu-
tion

Civil office and officers— see Office, and Officers.
Civil power. The military at all times to be in strict subordina-
tion to

never to interfere to prevent free exercise of right of suffrage

Civil process — see Process, Civil.
Claims, subject-matter of which shall not have been provided for by pre-
existing laws. No money to be appropriated or paid on, unless
allowed by bill passed by two-thirds of members elected to

each branch of General Assembly

Class legislation prohibited

But see under Special Legislation, sub-head of " Provisions
prohibiting class legislation."

Classification of Senators, at first session, as respects term of office

Clerk of Supreme Court

Term of office

Subject to removal for good cause

But see, further, under Courts— Supreme, Clerk of.
Clerk of the Separate Chancery Court of Pulaski County, First

election for a

[See. also, however, under Courts— Pulaski Chancery,
Clerk of ]



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INDEX TO CONSTITUTION.



Art. Sec. Page.

Clerks of courts of record, and of all inferior courts, ineligible to'"seat in

either house of General Assembly 5 7 11

of courts, to sign all writs and other judicial process 7 49 31

[For Clerk of each court, see under Courts, and the nib-head
of his particular court.]
of departments of State. Number and salaries of, to be fixed by

law 16 4 46

Closed doors. Either house of General Assembly may sit with, when the

business is such as ought to be kept secret 5 13 12

Collection of debt— see Exemptions,

Collector of taxes, Sheriff to be, ex-officio 7 46 31

Collectors of public money, ineligible to General Assembly, or oflBce of trust
or profit, until account and payment of all sums for which

liable 5 8 11

Color, No distinction in point of civil rights j.or duties, on ^ac-

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 oflnce, 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 18

OflScers 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 ofiBcers chosen at first election Sc 18 65

Commissions, Municipal, Members of, disqualified for service as ofiBcers

of election 3 10 8

Commissioner of State Lands, General Assembly may provide, by law, for

establishment of oflBce of. 6 '1 16

OfiBce 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

CoTnmon cootf. Right of peaceable assembly to consult for the 2 4 3

Common Law, felony at. Effect of, commission of, upon right of suffrage... 3 2 7

Common Pleas— see Courts of Common Pleas.
Common- Schools— see Schools.

CbwiwiMnicaHoTi 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

Qjmpensation of State ofiicers 19, Sc 11,28 57, 67

of members of General Assembly 5, 19, Sc 16,11,28, 12, 57,67

of ofiBcers of State atid members of General Assembly, during

two years from adoption of Constitution Sc 28 67

of State ofiBcers not to be increased or diminished during their

respective terms ; 19 H 56

of members of General Assembly, not to be increased during



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INDEX TO CONSTITUTION. cxv

Art. Sec. Page.

term for which they hare been elected, under any law passed

during such term 5, 19 16, 11 12,57

of State, county, city, and town oflScers, 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

Competency of witnesses in civil actions

See, also

Compulsory process for witnesses, Right of accused to

Concurrent orders— see Ordert.
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 ofiFering. 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 ? 47. 48

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 Sc

Abstract of votes cast for and against, to be filed with Secretary

of State Sc

to be in force from date of publication, by State Board of Super-
visors of Election, of its ratification by the people'-' Sc

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.. 9

Constitutional Convention — see Convention, Constitutional.
Constitutional sanction. Right of property before, and higher than, any... 2

* This publication was made October 30th, 1874— see p. xxiii.



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cxvi INDEX TO CONSTITUTION.

Akt. 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 14

Contract, 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 ofBcers, etc., of

railroad or canal companies, void 17 5 49

for greater rate'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 distinotion 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

plaaes 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 oflBce 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

Copy 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 different 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.



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INDEX TO CONSTITUTION. cxvii

Art. Sec. Page.

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 bo
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 oflSce of

Limitation, upon powers of General Assembly, as respects crea-
tion of, by special acts

for charitable purposes

for educational purposes

for penal 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

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 crcditjto,
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


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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 10 of 25)