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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

Drfenee, 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 ita

own mode of public worship 2 25 6

Depai-tment, Executive 6 . . 16

Legislative 5 . . 10

Judicial 7 . . 22

Department, of Mining, Manufacturing, and Agriculture— 809 Bureau.

Departments 4 . . 9

Powers of State government divided into three distinct, viz:

legislative, executive, and judicial 4 1 f

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 16 97

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

Deputies of collectors or holders of public money. Condition of eligibility

of. to General Assembly, or office of trust or profit

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 Stat«, prohibited

Directors— see Corporations, and Railroad Companies, Canal Compa-
nies, and Turnpike Companies, under items relative to their
officers.

Disabilities for exercise of elective franchise

Disability of Governor, Office how filled in case of

of President of Senate during vacancy in office of Governor,

Governorship how filled in case of.

Disagremnent between the two houses of General Assembly with respect
to time of adjournment



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*8



Disapproval, by Governor, of bills.

f bills return of which has been pr
General Assembly, bow recorded and published.



of bills return of which has been prevented by adjournment ©f



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INDEX TO CONSTITUTION.



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i>t#aj)pro»oi 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 cases of impeachment

for office, of officers of State, and members and officers of Gen-
eral Assembly, for misu.oe 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. Gircuits, 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 shotoing apportionment of counties to Senatorial Districts, as
prescribed until otherioise provided by General Assembly, see at
close of Index.]



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INDEX TO CONSTITUTION.



DUtricU, 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 e!ec-
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

i>Mt{e«— see under head of each officer, and, in reference to General As-
sembly, under sub-head of Duties, Obligatory.



E.



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Educcaion ■• 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 electioxs, and of exercise of privilege op suffrage :

^fecfiong 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 2

No religious test to be required of any person as a qualification
to vote 2 26

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.. S 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 suffrage 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 3 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 H

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
trustor profit in this State 3 «



INDEX TO CONSTITUTION. cxxvii



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 3 4 8

Eeturns 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« W

For conduct ot election, disposition of returns, etc., at first
election for offi'cers, and upon question of ratification of
Constitution, see Election under Schedule, below.
Ilettionlaws of the State, Willful and corrupt violation of, to consti-
tute felony, and disqualify for offices of trust or profit 3 S 8

4. Specific elections :

a. General: ,

Elections, General, to beheld biennially, on first Monday of Septem-
ber » 8 8

general. General Assembly may, by law, fix a diflFerent time for,

from that prescribed in the Constitution 5 8 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 J 10

for State Senators, to be quadrennially held, by the qualified

electors of the several districts S S 19

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 8 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 28

of Chief Justice of Supreme Court, to be as such 7 2 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 4« 81

of Justices of the Peace 7 38.39 29

of Constables 7 47 31

b. Special popular elections, to fiU vacancies :

Election* to fill vacancy in office of Governor, not happening within
twelve months next before expiration of Governor's term of

office « 14 18

to fill vacancy in office of Governor. Returns of 6 14 18

All vacancies in any office provided for in Art. VII K. c,
judicial officers, officers of courts, and tounty 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 59 81

to fill vacancies in either house of the General Assembly, Gov-
ernor to issue writs for 5 6 19

•. For Special Judges :

Jffiectiorwof 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 peTsous acting in a representative capacity, to be viva

voce 3 12 ♦

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 IS



INDEX TO CONSTITUTION.



Art. Sec. Paoe.

«. MUcellaneous :
Election of officers of militia, Privilege of volunteers and militia

from arrest during attend I nee at, etc 11 S 40

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 :

EUctiona, 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, ElectionB, Contested, for Governor, in cote 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 IT

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 3 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

Blbction 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..

Conduct of

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



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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 B»ards of Election Su-
pervisors

Abstract of county returns, etc., to be forwarded, by County

Boards, to State Board of Supervisors

Abstract 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 of House of Representatives

Officers chosen at, to be commissioned by Governor

Officers of Executive D«partment 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, at, 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 Boardi of Election Sup«rvisors

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 Schedtile, County Boards of Supervisors of. Appointment

of

Qualifications

Oath of office

Quotum

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

*Seep. xxiii.

12 ,



Sec.



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INDEX TO CONSTITUTION.



Elbction^Under 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.
Embezzlement 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 ri&ht of, fully and expressly conceded

Exercise of right of, over property and franchises of incorpora-
ted companies

Employment (governmental) disqualifying holder for service as officer of

election

Employes [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

Emoluments, Hereditary, forever prohibited

Enacting clause of acts of General Assembly

Encroachments on rights of the people. Provision of safeguard against....
Enemies oi i\ie 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 ^....

Erro^-, 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

Disaeizure of, except by judgment of peers or law of the land,

prohibited

^<a<es of deceased persons. Courts of Probate to have exclusive original
jurisdiction, as maybe prescribed by law, in matters relative to
of persons of unsound mind. Courts of Probate to have exclu-
sive original jurisdiction, as may be prescribed by law, in

matters relative to

Evidence in criminal prosecutions for libel

requisite to conviction of treason

in trials of contested elections, and in proceedings for investiga-
tion of elections, Rules of, respecting secrecy of ballot, self-
crimination, etc

of publication of notice of intention to apply for local or spe-
cial bill, to be exhibited in General Assembly.before passage of

act

of atheists, not receivable in court

of parties in civil actions ».

of executors, administrators, and guardians, in actions by or
against them



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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 12 of 25)