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The constitution of the state of Arkansas online

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INDEX TO CONSTITUTION.



II



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Art. Sec.

Examining courts. Jurisdiction of Justices of the Peace as 7 40

Excliange of obligations or liabilities of corporations, held or owned by

State, prohibited 5 33

Exchange of GircuiU hy Judges of Circuit Courts 7 22

Exclusive jurisdiction (with exception stated) of tw© houses of Gen-
eral Assembly, in joint session, in Cases of contested elec-
tions for oflScers of Executive Department 6 4

For exclusive jurisdiction on the part of the several courts,
see under the proper headimgs.

Excursion tickets upon railroads

Execution for debt. Property exempt from

Execution of the laws. Governor to see to

Power of Governor to call out volunteers or militia for

Executive Department

Executive powers of the State Government confided to a sepa-
rate body of magistracy

Ordinary expenses of, to be provided for in general appropria-
tion bill

Officers of

Officers of, to keep their offices, in person, at seat of government

Term of officers of.

Officers of, how chosen

Officers of, how chosen in case of tie

Contested elections for officers of.

Returns of elections f«r ofBcers of.

Governor may require information, in writing, from officers of,

on subjects relating to duties of their offices 6 7 17

See, also, the headings immediately below, as well as under
head, of each officer of the Department.
Executive officer. Offer to, or acceptance by. of consideration, to influence

his official action, constitutes felony 5 35 16

JEcecMttve o^ers, Oath of office of. 19 20 58

EcecM^ive o^es. Officers of militia and of public schools, and Notaries,

eligible to 19 26 60

Execuiive power , Supreme, vested in Chief Magistrate, styled Governor,

etc 6 2 16

Execuiive powers of State government confided to separate body of magis-
tracy 4 19

Executive sessions of Senate 5 13 12

Exectitors, Courts of Probate to have exclusive original jurisdiction, as

may be prescribed bylaw, in matters relative to..- 7 34 28

Homesteads subject to seizure under judgments against, for

moneys collected by them 9 3 38

Competency of, as witnesses, in actions by or against Sc 2 61

Exemption:

1. Frovi aeiKure for debt:

Exemption 9 . . 37

of property from seizure for debt 9 .. 37

etf personal property of residents of State, not married or heads

of families

of personal property of residents married, or heads of families. ..

of personal property. Exceptions to rule of

of homestead of residents, married or heads of families

of homestead outside of city, town, or village, Extent of.

of homestead in city, town, or village. Extent of.

of homestead of widow

of homestead of minor children

of rolling stock and movable property of railroads, prohibited..

provisions of Constitution of 1868, in regard to. Effect of

laws, in force at adoption of Constitution of 1868, to remain in
force with regard to contracts made before that time

2. IVom taxation:
Exemption;

of property from taxation, other than as provided in Constitu-
tion, void

of capital invested in mining and manufacturing business in
this State, from taxation, for seven years after ratification
of Constitution— General Assembly may, by general law, pro-
vide for ;



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cxxxii INDEX TO CONSTITUTION.



3. From duties of citizenship:
Ekcemption:

from burden or duty, no citizen to enjoy, on account of race,

color, or previous condition

from militia duty

Exhibitions, General Assembly may tax

Exile, under any circumstances, prohibited

Ex post facto I'livs prohibited

Expenditures from the treasury to be made in pursuance of specific ap-
propriation, by law, made in manner specified

of public money, Publication of.

Expenses, Ordinary, of State Government, to be provided for in general

appropriation bill

necessary, of government. Levy of State tax, and apropriations
of money, for defraying, constitute exceptions to rule requir-
ing rote of majority of two-thirds of both^houses of General As-
sembly

Expulsion from the State, under any circumstances, prohibited

of members of either house of General Assembly

of member of General Assembly, for criminal offence. Proceed-
ings for, not to bar indictment and punishment for same of-
fence

of member of General Asiembly, for corruption, renders him

thereafter ineligible to either house

JSx/e>wion of provisions of laws, not to be by reference to title only, but by
re-enactment, and publication, at length, of provisions ex-
tended

Extra compensation— see Ooinpensation.
Extraordinary sessions of General Assembly



Sec,



F.



Fees of officers in th« State, General Assembly to fix

not to be paid at other than par value

salaries, and perquisites. of State, county, city, and town officers.
not to exceed five thousand dollars net profit, per annum, in

par funds

State officers (Prosecuting Attorneys excepted) not to receive to

their own use

payable for any service performed by State officers (Prosecuting
Attorneys excepted) , to be paid in advance into the treasury

Judges of Supreme Court not to receive

Judges of Circui* Courts not to receive

Felony, at common law, Lawful conviction of, alone to work forfeiture

or impairment of right of sufi"rage

Case of, constitutes exception to elector's privilege of freedom

from arrest

Fraud, bribery, or other willful and corrupt violation of election

laws of the State to constitute

Case of, constitutes exception to Senatows' asd Representatives'

privilege of freedom from arrest

Offer, to public officer, of coniideration, to influence his action,

or acceptance of same by officer, constitutes

Jurisdiction of Corporation Courts over

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

Feme covert. Separate property of.

Scheduling of separate personal property of.

Ferries, County Courts to hare exclusive original jurisdiction in all mat-
ters relating to

General Assembly may tax

Feudal tenures, of every description , with all their imcidents, prohibited
Filing of vetoed bills in offic* of Secretary of State, after adjournment...

Final passage of hills

Finance and taxation

Fines, Excessive, not to be imposed

Governor to have power to remit, in criminal and penal cases.

except in th«s« of treason and impeachment

ForcM, military and naval. Governor to b« Commander-in-Chief of (with
exceptions! stated)



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INDEX TO CONSTITUTION.



Art. Sec. Page.

Forfeiture of estate, No conviction to work 2 17 5

of right to vote. Lawful conviction of felony, at common law,

only, to work 3 2 7

of charters. Condition of remission of 17 8 50

of residence, not caused by absence on business of descriptions

specified 19 7 56

Forfeitures, Governor to have power to remit, in criminal and penal

cases, except in those of treason and impeachment 6 18 20

Foreign corporations doing business in this State," Regulations concern-
ing 12 11 42

Foreigners— see Aliens.
Forgery, Conviction of, after adoption of Constitution, disqualifies for

seat in General Assembly, or ofiice of trust or profit 5 9 11

^orm o/ (?o»ern7nen(. Privilege of fre« choice of. Pr .. 1

Franchise and Elections 3 . . 7

See Flections.

i^rancfei«e, elective. Qualifications for exercise of. '3 1 7

For exceptions to general rule of qualifications, see 3 5, 6, 7 8

Franchises of Corporations— see Art. XII, passim.
Franchises of parallel or competing lines of railroad or canal companies.

Consolidation, etc., of, prohibited 17 4 49

of incorporated companies, Stat« may take, in exercise of right

of eminent domain 17 9 50

of foreign corporations doing busiaess in the State, '. Regula-
tions concerning 12 11 42

Fraud, Case of, constitutes^exception to prohibition of imprisonment for

debt 2 16 5

in elections, to constitute felony, and disqualify for oflBces of

trust or profit 3 6 8

Freepasses, grant of, by railroad or transportation companies to oflScers

of the State, General Assembly to prevent, by law 17 7 50

Free Schools — see Schools.

Freedom of the press and of speech

of elections 3 2 7

religious. Natural and indefeasible right of. 2 24 6

of conscience. Right of. 2 24 6

of worship

of speech and debate, in session of General Assembly

But see, also. Liberty.
Freehold, Disseizure of, except by judgment of peers or law of the land,

prohibited 2 21 5

Fuel for use of State government to be furnished by lowest responsible
bidder below maximum price, under regulations to be pre-
scribed by law 19 15 57

for use of State government. Contracts for furnishing, to be sub-
ject to approval of Governor, Auditor, and Treasurer 19 15 57

for use ot State government. No member or officer of govern-
ment to be interested in contract for 19 15 57

Funds of State, for the benefit of schools or universities, not to be used

for other than their respective purposes 14 2 44

public, Publication of receipts and expenditures of 19 12 57

Unt see Auditor, Claims, Debt Public, Disbursements, Moneys,
Payment, School Fund, Treasurer, etc., etc.
Furnishing of rooms used for meetings of General Assembly and its com-
mittees, to be performed under, contract, to be given to lowest
responsible bidder, below maximum price, under regulations
to be prescribed by law 19 15 57



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(1) INDEX TO CONSTITUTION.

G.

Art. Sec. Page.
Garland, Augustus H., a member of State Board of Supervisors of Elec-
tion under Schedule Sc 7 62

GENERAL ASSEMBLY.*

CONSTITUTION, ETC., OF GENERAL ASSEMBLY:

1. General provisions:

The legislative powers of the government of the State, as dis-
tinguished from those executive and judicial, to be confided to
a separate body of magistracy 4 10

Legislative power of the State vested in a General Assembly 5 1 10 '

No person, or collection of persons, being of one department of
the government: to exercise any power belonging to either of
the others, except in the instances in the Constitution, after
Art. IV, expressly directed or permitted 4 2 9

te consist of the Senate and House of Representatives 5 1 10

2. Senate:

Senate to consist of members to be chosen every four years, by

the qualified electors of the several districts 6 3 10

The Senators, at the first session of the Senate, to divide them-
selves into two classes by lot ; the first class to hold their places

for two years only ; after which, all to be elected for four

years ft 3 10

Senate never to consist of less than thirty, nor more than

thirty-five, members 8 2 37

Arrangement of Senatorial districts until the enumeration of

the inhabitants ehall have been taken by U. S. Government,

A. D. 1880 8 2 35

* A statement of the sy.'tem of classification adopted under this head, may facilitate reference.

Under the principal title of *' General Assembly" have been grouped the general provisions of the
Organic Law respecting the constitution, organization, and methods of procedure, of the two houses, re-
spectively, and of the entire body legislative, the election, returns, qualifications, compensation, and
privileges, of members, etc.. etc. These are arranged, without attempt at very nice distinction (which the
nature of the matter in this instance renders impracticable, or, at least, unprofitable), under the sub-
heads, respectively, of " Constitution, etc., of General Assembly," *' Proeedings," and " Miscellaneous."

The constitutional provisions prescribing the powers and duties of the Legislature, have been treated
under the three heads of "Dutiei Obligatory," "Powers Discretionary," and "Poweks Denied."
Each of these titles (so far as in the respective cases required) is subdivided as follows :

1. Provisions specifically affecting the Senate.

2. Provisions specifically affecting the Housfe of Representatives.

3. Provisions equally affecting each of the two houses, acting in its separate capacity.

4. Provisions affecting the two houses acting in joint session.

5. Provisions, affecting the entire General Assembly, acting in the exercise of its ordinary capacity of
legislation.

Each of the above-recited sub-divisions is again sub-divided (when required) as follows :
a. As regards matter of procedure.

6. As regards matters of legislation generally.

c. As regards matters special (this latter sub-head having reference, not to what is known as "special
legislation," but to the performance of certain specific duties prescribed, or powers conferred, in particu-
lar cases, by the Constitution.)

A fifth title sets forth the " Reports" to be made to the Legislature, so far as'im the Constitution pre-
scribed.

The provisions regulating the joint sessions of the two houses, those affecting the question of special leg-
islation, and those prescribing, for the adoption of certain specified propositions, the vote of a greater or
less number of members than a majority of the quorum present, are also collated, in their proper alpha-
betical places in the general index, under the respective heads of '* Joint sessions," "Special legislation,"
and " Votes."

So of "Bills," "Impeachments," "Journals," etc,, and, indeed, of every separate topic referred to
under the general head above ; though these have for the most part been more briefly treated. The fullness
of the digest, therefore, under the head of " General Assembly," will by no possibility interfere with
readiness of reference upon any particular subject.

esS'A. Table of Contents of the index-matter contained under the entire head of General Assem-
bly, WITH REFERENCES TO THE PAGING OF THIS PORTION OF THE WORK, WILL BE FOUND IN THE F00T-N©TE AT
THE CLOSE OF THIS TITLE.



INDEX TO CONSTITUTION. (2)



Art. Sue. Pa»e.

General Assembly (continued.)

[For table showing apportionment of eounties to Senatorial Dis-
trict$, as prescribed until otherioise provided by General As-
sembly, see at close of Index. ]
State to be, from time to time, divided into convenient Senato-
rial districts, in such manner that the Senate shall be based
upon the adult male inhabitants of the State; each Senator

representing an equal number as near as practicable 8 2 35

Division of State into Senatorial districts to be made at the first
regular session after each enumeration of theinha,bitants of the
State, by Federal or State government, shall have been ascer-
tained, and at no other time 8 4 37

Senatorial districts, at all times, to consist of contiguous ter-
ritory 8 3 37

No county to be divided in the formation of Senatorial dis-
tricts 8 3 37

3. House of Representatives :

House of Representatives to consist of members to be chosen
every second year, by the Qualified electors of the several coun-
ties 5 2 10

House of Representatives to consist of not less than seventy-
three, nor moro than one hundred, members 8 1 32

Apportionment of Repreeentatives, until the enumeration of
the inhabitants shall have been taken by the U. S. Govern-
ment, A, D. 1880 8 1 33

Each eounty organized at time of adoption of Constitutional-
ways to be entitled to »ne Representative; the remainder
to bs apportioned among the several counties according to
the number of adult male inhabitants, taking two thousand
as the ratio, until the number of Representatives amounts to
one hundred, when they shall not be further increased 8 '^ 1 32

Ratio of representation in the House of Representative! to be
from time to time increased, as in the Constitution provided;
but so that the Representatives shall never exceed the num-
ber of one hundred 8 1 32

Apportionment of Representatives to the sev«ral counties to be
made at the first regular session after each enumeration of
the inhabitants of the State, by the Federal or State govern-
ment, shall have been ascertained, and at no other time 8 4 ^7

4. Vacancies :

Governor to issue writs of election, to fill such vacancies as shall

occur in either house 5 6 10

5- Preliminaries to organization :

Returns for members (except as otherwise provided by the Con-
stitution— i. e., in case of first election after adoption!of Con-
stitution, for which see Schedule, Sees. 16 and 17, p. 64) to be
made to Secretary of State 19 10 56

Each house to be sole judge of the qualifications,ireturns, and
elections, of its own members 6 11 11

Term of all members to begin on the day of their election 5 16 12

Senators and Representatives, before entering on the duties of
their respective oflSces, to take, and subscribe to, oath, or af-
firmation, prescribed 19 20 58

Oath of office 19 20 58

6. Qualifications of members :

Citizenship and residence.— ^o person to be a Senator or Represent-
ative, who, at the time of his election, is not a citizen of
the U. S., nor any one who has not been for two years
next preceding his election a resident of this State, and for one
yenT next preceding his election, a resident of the county

or district whence he may be chosen 5 4 10

Age. — Senators to be at least twenty-five years of age, and Represen-
tatives at least twenty-one years of age 5 4 10

Disqualifications.— Bu reason of holding o^ce.— No Judge of the Su-
preme, Circuit, or inferior courts, of law or equity. Secretary
of State, Attorney General for the State, Auditor or Treasurer,
Recorder, Clerk of any court of record. Sheriff, Coroner, Mem-
ber of Congress, nor any other person holding any lucrative
office under the United States or this State (militia officers.
Justices of the Peace, Postmasters, officers of public schools,
and Noteries, excepted) , to be eligible to a seat in either house.. 5 7 11



(3) INDEX TO CONSTITUTION.



General Assembly (continued.)

Treasurer of State, Secretary of State, Auditor of State, and
Attorney General, to hold no other office or commission, civil

or military, in this State, etc., at one and the same time

Supreme Judges to hold no other office, nor hold any office of

trust or profit under the State, etc

Judges of Circuit Courts to hold no other office of trust or profit

under this State, etc

By reason of violation of election laws. — Any persou convicted of
fraud, bribery, or other willful and corrupt violation of any
election law of this State, to be adjudged guilty of a felony,
and disqualified from holding any office of trust or profit in

this State

By reason of service as officer of the election.— No election officer to be
eligible to any civil office to be filled at an election at which
he shall serve (save to certain subordinate municipal or local

offices)

By reasoit of failure to account for public moneys entrusted,— "So person
who at date of adoption of the Constitution was, or thereafter
may be, a collector or holder of public money, nor any assist-
ant or deputy of such holder or collector of public money, to
be eligible to a seat in either house, nor to any other office of
trust or profit, until he shall have accounted for, and paid
over, all sums for which he may have been liable to a seat in

either house

By reason of conviction of crime,— l^o person convicted, after adop-
tion of the Constitution, of embezzlement of public money,
bribery, forgery, or other infamous crime, to be eligi-
ble to

By reason of previous expulsion for corruption.— A member expelled

for corruption, not, thereafter, to be eligible to either house...

By reason of conviction upon impeachmtnt.— Judgment in cases of

impeachment, may include disqualification to hold any office

of honor, trust, or profit, under this State

By reason of misuse of public wionej/s.— The making of profit out of
public moneys, or using the same for any purpose not author-
ized by law, by any officer of the State, or member or officer of
the General Assembly, to be punishable as may be provided by
law ; but part of such punishment to be, disqualification to

hold office in this State, for a period of five years

By reason of atheism.— 'No person who denies the being of a God, to

hold any office in the civil departments of this State

By reason of participation in a duel,— No person who, after the date
of adoption of the Constitution, may fight a duel, assist in
the same as second, or send, accept, or knowingly carry, a
challenge therefor, to hold any office in the State, for a period

of ten years, etc

By reason of non- qualification a« elector.— No person to be elected to,
or appointed to fill a vacancy in, any office, who does not pos-
sess the qualifications of an elector

7. Compensation of members:

Per diem pay, and mileage, of members, for their services, to be

such as shall be fixed by law

Pay and mileage of members, for two years from the adoption
of the Constitution, and until otherwise provided by law,
to be the sum of six dollars per day, and twenty cents per
mile for each mile travelled in going to and returning from
the seat of government, over the most direct and practicable

route

No increase of salaries of members to be provided for, which
shall take eff'eot before the meeting of the next General As-
sembly

No increase of pay to be received for his services, by any mem-
ber of either house, during the term for which he has been

elected, under any law passed during such term

PROCEEDINGS :
1, Sessions:
a. Regular:

to meet at the seat of government, every two years, on the first
Tuesday after the second Monday in November, until said
time be altered by law



Sac.



INDEX TO CONSTITUTION. (4)

Art. Sec. Pagk.

General Assembly (continued.)

Duration of regular biennial sessions not to exceed sixty days,

unless by vote of two-thirds of the members elected to each

house; except at the first session under this Constitution, or

when impeachments are pending 5 17 12

b. Extraordinary :

Governor may, by proclamation, on extraordinary occasions,

convene the .General Assembly, at the seat of government, or

at a different place, if that shall have become, since their last

adjournment, dangerous, from an enemy or contagious di-
sease 6 19 20

Governor to specify, in his proclamations calling extraordinary

sessions, the purpose for which the General Assembly is con-
vened 6 19 21

At extraordinary sessions, no business other than that set forth

in the proclamation of the Governor to be transacted, until

such business shall have been disposed of. 6 19 21

at extraordinary sessions, after disposition of the business set

forth in the proclamation of the Governor, may, by a vote of

two-thirds of all the members elected to both houses, entered

upontheir journals, remain in session not exceeding fifteen

days 6 19 21

2. Publicity of proceedings:

Sessions of each house,) and of committees of the whole, to be

open, unless when the business is such as ought to be kept

secret 5 13 12

(By implication) each house may withhold from publication

such parts of its journal as require secrecy 5 12 12

3. Quorum, etc.:

Majority of all the members elected to each house, to constitute

a quorum to do business 5 11 11

Smaller number than a quorum, of either house, may adjourn

from day to day 5 11 H

S nailer number than a quorum, of either house, may compel

the attendance of absent members, in such manner and under

such penalties as such house shall provide 5 11 11

4. Presiding officers:

Each house, at the beginning of every regular session, and
whenever a vacancy may occur, to elect from its members a


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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 13 of 25)