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presiding officer 5 18 13

Presiding ©fficer of the Senate to be styled President of the Sen-
ate 5 18 13

Presiding officer of the House of Representatives to be styled

Speaker of the House of Representatives 5 18 13

Whenever, at the close of any session, it may appear that the
term of the member elected President of the Senate will ex-
pire before the next regular session, the Senate to elect another
President, from those members whose terms of office continue

over 5 18 13

President of the Senate to qualify upon election, and remain in
office as such until his successor may be elected and qualified.. 5 18 13

[For functions to be exercised by President of Senate and
Speaker of House of Representatives, in case of vacancy
in office of Governor, see under sub-head of " Miscella-
neous," below.]

5. Journals:

Each house to keep a journal of its proceedings 5 12 12

Each house, from time to time, to publish its journal, except
such parts as require secrecy 5 12 12

6. Special powers op each house .-
Each house has power :

to appoint its own officers 5 11 U

to be sole judge of the qualifications, returns, and^elections, of
its own members

to determine the rules of its proceedings

to punish its members, or other persons, for contempt or disor-
derly behavior in its presence

(punishment for contempt, or disorderly behavior, not to bar an
indictment for the same offence)

to enforce obedience to its process

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(5) . INDEX TO CONSTITUTION.

Art. Sec, Page.

Genbral Assembly (continued.)

to protect its members against violence, or ofiFers of bribes, or

private solicitations 5 12 11

with the concurrence of two-thirds, to expel a member (but not
a second time for the same cause) 5 12 11

7. Yeas and nays;

Yeas and nays, on any question, at the desire of five members,

to be entered on the journals 5 12 12

See. however, for collation of all provisions requiring the
call of the yeas and nays. Yeas and Nays, in the General
Index.

8. Adjournments :

Neither house, without the consent of the other, to adjourn for
more than three days 5 28 15

Neither house, without the consent of the other, to adjourn to
any other place than that in which the two houses shall be sit-
ting 5 28 15

In case of disagreement between the two houses, at a regular
or special session, with respect to the time of adjournment,
the Governor may, if the facts be certified to him by the pre-
siding officers of the two houses, adjeurn them to a time not
beyond the day of their next meeting; and on account of dan-
ger from an enemy or disease, to such other place of safety
as he may think proper 6 20 21

9. General Legislation :

a. Bills generally:

No law to be passed except by bill 5 21 13

Style of the laws of the State of Arkansas to be : ** Be it enact-
ed by the General Assembly of the State of Arkansas." 5 19 13

No bill to be so altered or amended, on its passage through
either house, as to change its original purpose 5 21 13

Every bill to be read at length, on three different days, in each
house, unless the rules be suspended by two-thirds of the
house, when the same may be read a second or third time on
the same day 5 22 13

No bill to become a law, unless, on its final passage, the vote
betaken by yeas and nays, the names of the persons voting for
and against the same entered on the journal, and a majority
of each house recorded, thereon, as voting in its favor 5 22 13

No law to be revived, amended, or the provisions thereof ex-
tended or conferred, by reference to its title only; but so much
thereof as is revived, amended, extended, or conferred, to be
re-enacted and published at length 5 23 14

No new bill to be introduced into either house during the last
three days of the session 5 34 16

b. Appropriation bills, etc.:

Appropriations to be specific, their purpose to be distinctly stated
in the bill, and the maximum amount which may be drawn to
be specified in dollars and cents 5 29 15

Appropriation not to be for longer period than two years 5 29 15

General appropriation bill to embracel nothing but appropria-
tions for the ordinary expense of the executive, legislative, and
judicial departments of the State..: 5 30 15

All appropriations, except for ordinary expenses of the execu-
tive, legislative, and judicial departments of the State, to be
madoby separate bills, each embracing but one subject 5 30 IS

Bills levying State taxes or making appropriations of money,
except to raise means for payment of the just debts of the
State, for defraying the necessary expenses of government, to
sustain common schools, to repel invasion, and suppress insur-
rection, must be passed by a majority of two-thirds of both r
houses 5 31 15

c. Bills allowing claims :

Bills allowing compensation, to any officer, agent, employe, or
contractor, after the service shall have been rendered, or the
contract made, must be passed by two-thirds of the members
elected to each branch 5 27 14

Bills allowing any claim, the subject-matter of which shall not
have been provided for by pre-existing laws, must be passed by
two-thirds of the members elected to each branch of the Gen-
eral Assembly 5 27 14



INDEX TO CONSTITUTION. (6)

Aet. Skc. Page.
General Assembly (continued.)

d. Bills local and special:

No local or special bill to be passed unless notice of the inten-
tion to apply therefor shall have been published in the locality
where the matter or the thing to be afiFeeted may be situated ;
such notice to bo, at least, thirty days prior to the introduc-
tion, into the General Assembly, of such bill, and.in the man-
ner to be provided by law ; the evidence of such notice having
boon published, to be exhibited in the General Assembly,

before such act shall be passed 5 26 14

For full digest of provisions upon the subject, see Specicd
Legislation, in the General Index.

e. Vetoes :

Bills which shall have passed both houses, to be7presented to
Governor, for approval 6 15 19

Bill, upon disapproval by Governor, to be returned, by him,
with his objections, to the house in which it originated 6 15 19

On return of bill, with Governor's objections, the house to
which returned to enter the objections at large upon the jour-
nal, and to proceed to reeonsider the bill 6 15 19

If, after reconsideration of bill returned by Governor, disap-
proved, a majority of the whole number of members elected to
the house to which it shall have been returned, shall agree .to
pass the bill, the bill to be sent, with the objections, to the
other house, by which, likewise, it shall be reconsidered 6 15

If bill returned by Governor, with his objections, shall be ap-
proved by a majority of the whole number of members elected
to each house, the bill to be a law 6 15 19

In case of return of bill, by Governor, with his objections, the
votes of both houses to bo determined by yeas and nays, and
the names of the members voting for or against the bill, to be
entered on the journals _ 6 15 19

Bills not returned by the Governor, within fivo days, Sundays
excepted, after they shall have been presented to him, to be
law, in like manner as if he had signed them, unless the Gen-
eral Assembly, by adjournment, prevent their return 6 15 19

In case the General Assembly, by adjournment, prevent
the return of a bill, the bill to become a law, unless the Gov-
ernor file the same, with his objections, in the office of the
Secretary of State, and give notice thereof, by public procla-
mation, within twenty days after such adjournment 6 15 19

Governor to have power to disapprove any item, or items, of any
bill making appropriations of money, embracing distinct
items 6 17 20

The part or parts of bills making appropriations of money, ap-
proved by the Governor, to be the law; and the item or items
of appropriations, disapproved, to be void, unless repassed
according to the rules and limitations prescribed for tho pas-
sage of other bills over the executive veto 6 17 20

Orders or resolutions in which the concurrence of both houses
may be necessary, except on questions of adjournment, to be
presented to the Governor for approval 6 16 20

Orders or resolutions in which the concurrence of both houses
may be necessary, being disapproved by the Governor, to be
repassed by both houses, according to the rules and limitations
prescribed in the case of a bill 6 16 20

10. Elections in General Assembly :

Elections in, to be viva voce 5, 5 12, 14 9,12

Whenever an officer, civil or military, shall be appointed by the

joint or concurrent vote of both houses, or by tho separate vote

of either house, the vote to be taken viva voce, and entered

on the journals 5 14 12

11. Special proceedings :

Procedure in matter of amendments to Constitution 19 22 59

Procedure in cases of impeachment 15 2 45

Governor, upon the joint address of two-thirds of the members

elected to each house, for good cause, may remove the Auditor,

Treasurer, Secretary of State, Attorney General.Judges of tho

Supreme and Circuit Courts, Chancellors, and Prosecuting

Attorneys 15 3 45



(7) INDEX TO CONSTITUTION.

Art. Sec. Pa5e.

General Assembly (continued.)

In cases of treason, the Governor to have power, by and with
the advice and consent of the Senate, to grant reprieves and
pardons, and, in the recess of the Senate, to respite the sen-
tence until the adjournment of the next regular session .of the
General Assembly 6 18 20

Advice and consent of Senate requisite to appointment of State

Geologist 10 2 40

12. Determination op result op elections for executive officers
OF State :

Returns of election for Governor, Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General, respec-
tively, to be sealed up separately and transmitted to the seat of
government, by the returning oflBcers, and directed • to the
Speaker of the House of Representatives 6 S 17

Speaker of the House of Representatives, during the first week of
the session, to open and publish, in the presence of both
houses, the votes cast and given for Governor, Secretary of
State, Treasurer of State, Auditor of State, and Attorney-
General, respectively 6 3 17

Upon the publication of the votes for Governor, Secretary,
Treasurer, Auditor, and Attorney-General, respectively, the
person having the highest number of votes for each of the res-
pective offices, to be declared duly elected thereto 6 3 17

If two or more persons shall be equal and highest in votes for
office of Governor, Secretary, Treasurer, Auditor, or Attorney-
General, respectively, one of them to be chosen by the joint
vote of both houses, and a majority of all the members elected
to be necessary* to a choice 6 3 17

Contested elections for Governor, Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General, to be deter-
mined by the members of both houses in joint session; who
shall have exclusive jurisdiction in trying and determining
the same, except as thereafter in the Constitution provided in
the case of special elections [being the case of special elections
to fill vacancies in the office of Governor— See Art. VI, Sec. 14,
p. 18] 6 4 17

Contested elections for Governor. Secretary of State, Treasurer
of State, Auditor of State, and Attorney-General, to be deter-
mined at the first session of the General Assembly after the

election in which the same shall have arisen 6 4 17

MISCELLANEOUS:
1. Provisions respecting members :

a. Privilege:

Members, in all cases except treason, felony, and breach, or

surety, of the peace, to be privileged from arrest during their

attendance at the sessions of their respective houses, and in

going to and returning from the same 5 15 12

Members not to be questioned in any other place for any

speech or debate in either house 5 15 12

b. Corruption, and other eriminal conduct:

Any person who shall directly or indirectly ofifer,give, or promise,
any money, or thing of value, testimonial, privilege, or per-
sonal advantage, to any member, to influence his action in the
performance or non-performance of his public or official duty,
to be guilty of a felony, and to be punished accordingly 5 35 16

Any member who shall receive, or consent to receive, any money,
or thing of value, testimonial, privilege, or personal advan-
tage, either directly or indirectly, to influence his action in
the performance or non-performance of his public or official
duties, to be guilty of a felony, and to be punished accord-
ingly 5 35 1«

Member expelled for corruption, not, thereafter, to be eligible
to either house 5 12 12

Proceedings to expel a member for a criminal offence, whether
successful or not, not to bar an indictment, under the crim-
inal laws, for the same offence 5 36 16

Members or officers, making profit out of public moneys, or
using the same for any purpose not authorized by law, to be
punished as may be provided by law ; part of such?punishment



INDEX TO CONSTITUTION. (8)

Art. Sec. Page.

Genkrai, Assembly (continued.)

to be, disqualification to hold oflBce in this State for a period of

five years 16 3 46

c. Ineligibility to other offices :

No Senator or Representative, during the term for which he
shall have been elected, to be appointed or elected to any civil
ofl5ce under this State 5 10 11

d. Special prohibitions :

Grant of free passes, by any railroad or transportation company,

tolegislative oflacers, to be prevented by law 17 7 50

No member to be interested in any contract for stationery,

printing, paper, fuel, for the use of the General Assembly, or

other departments of government, the printing, binding, or

distributing, of the laws, journals, or department reports, or

any other printing and binding, or the repairing and furnish-
ing the halls and rooms used for the meetings of the General

Assembly 19 15 57

2. Provisions respecting officers, other than presiding ;

Each Iiouse to appoint its own oflScers 5 11 11

The making of profit out of public moneys, or using the same
for any purpose not authorized by law, by any officer of the
General Assembly, etc., 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 16 3 46

See, also, in General Index, head of "Officers," under sub-
head of General provisions applicable to all public officers.

3. Messages and communications :

Governor's messages [see sub-head of Reports, below] 6 8 18

Governor's communications of pardons, etc., granted [see
sub-head of Reports, below] 6 18 20

Secretary of State, when required, to lay records, etc., of offi-
cial acts of Governor, before General Assembly [but see
sub-head of Reports, below] 6 21 21

4. Printing, and other expenses ;

Contracts for stationery, printing, paper, fuel, for the use of, to

be furnished, and the printing, binding, and distributing, of

the laws, journals, department reports, and all other printing

and binding, and the repairing and furnishing the halls and

rooms used for the meetings of the General Assembly and its

committees, to be performed under contract, to be given to the

lowest responsible bidder, below such maximum price and

under such regulations as shall be prescribed by law 19 15 57

No member to be in any way interested in contr xcts described in

the above entry 19 15 5g

5. Succession of presiding officers to office of Governor, in case of

VACANCY :

In case of a vacancy in the office of Governor, President of the
Senate to perform the duties and exercise the powers of Gov-
ernor 5 18 13

In case of the death, conviction on impeachment, failure to
qualify, resignation, absence from the State, or other disa-
bility, of the Governor, the powers, duties, and emoluments,
of the office, for the remainder of the term, or until the dis-
ability be removed, or a Governor elected, to devolve upon

and accrue to the President of the Senate 6 12 18

In case of impeachment, removal, refusal to qualify, resigna-
tion, death, or absence from the State, of President of the

Senate, during vacancy in the office of Governor, Speaker of

the House of Representatives to administer the government in

like manner as provided for President of the Senate 6 13 18

In case of vacancy in office of Governor, not happening within

twelve months next before expiration of term of office for

which the late Governor shall have been elected. President of

Senate, or Speaker of House of Representatives, exercising

the powers of Governor for the time being, to cause an election

to be held, to fill the vacancy 6 14 18

6. First session after adopfion of Constitution :

First election of Senators and Representatives to' the General

Assembly, after adoption of Constitution .'. Sc 3,16,17,19 61,64,65

Returns and certificates of first election for Senators and

Representatives, after adoption of Constitution Sc 16,17,19 64,65



(9) INDEX TO CONSTITUTION.

Aet, Sec. Page.

General Assembly (continued.)

State Board of Supervisors of Election under Schedule, to make

out, certify, and deliver to the Speaker of the House of Rep-
resentatives, an abstract of all votes cast, at the election, for

any and all persons, for the office of Governor, Secretary of

State, Treasurer of State, Auditor of State, Attorney General,

and Commissioner of State Lands Sc 17 65

Speaker to cast up the votes and announce the names of the

persons elected, at election under Schedule, for offices named

in the above entary ._. Sc 17 65

First session under this Constitution, to commence on the

first Tuesday after the second Monday in 1874 Sc 22 66

DUTIES OBLIGATORY.*

1. General Provisions :

[ For obligations binding on the Government, to protect the
fundamental rights andlprivileges of the citizen, sec Art. II
of the Constitution, (Declaration of Rights) passim.]

2. Duties OBLIGATORY UPON THE Senate, only.

a. In matter of procedure :

Senate, whenever, at the close of any session, it may appear
that the term of the member elected President of the Senate
will expire before the next regular session, to elect another
President from those members whose terms of office con-
tinue over 5 18 13

b. In matters special:

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 5 3 10

All impeachments to be tried by the Senate 15 2 45

In trials of impeachments, if the Chief Justice be impeached, or
otherwise disqualified, the Senate to select a presiding officer.. 15 2 45

(Procedure in trials of impeachment) 15 2 45

3. Upon each house, acting in its separate capacity :
a. In matter of procedure :

Each house :

to appoint its own officers 5 11 U

to act as sole judge of the qualifications, returns, and elections,

of its own members 5 11 11

to keep a journal of its proceedings 5 12 12

to cause to be entered on the journals of its proceedings, at the

desire of any five members, the yeas and nays on any ques-
tion 5 12 12

to hold its sessions, and those of its committees of the whole,

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

secret 5 13 12

to elect from its members, at the beginning of every regular

session, and whenever a vacancy may occur, a presiding

officer 5 18 13

to cause every bill to be read, at length, on three different

days, unless the rules be suspended by two-thirds of the

house, when the same may be read a second or third time on

the same day 5 22 33

to cause the vote on the final passage of every bill to be taken

by yeas and nays 5 22 13

to cause the names of the persons voting for and against every

bill, on its final passage, to be entered on its journal 5 22 13

For convenience of reference, the duties obligatory upon
the two houses in the matter of submission of bills, etc.,
to the Governor, for his approval, and of reconsideration
of such bills, etc., in case of his disapproval, are collated

* In making the division between " duties obligatory " and "powers discretionary," the word "may,"
— except in one or two instances where the context renders it beyond question that the provision is man-
datory in its nature,— has, for the purposes of this digest, been treated as conveying a discretionary
power, only. The decision of its import in each case, rests, of course, with the Legislature and the
courts.



INDEX TO CONSTITUTION. (10)

Art. Skc. Page.

General Assembly— DmHcs Obligatory (continued.)

under sub-head 4 (** Upon the General Assembly, acting,"
etc.), below.
Whenever an officer, civil or military, shall be appointed by the
joint or concurrent vote of both houses, the vote to be taken

viva voce, and entered on the journals 5 14 12

See, also 3 12 9

b. In matters special :

to publish, from time -to time, the journal of its proceed-
ings 5 12 12

to enter upon its journals, with the yeas and nays, proposed
amendments to the Constitution, which may have been agreed
to by a majority of all the members elected to each house 19 . 22 59

4. Upon the two houses, acting in joint session :

Whenever an officer, civil or military, shall be appointed by the
joint or concurrent vote of both houses, or by the separate
vote of either house, the vote to be taken viva vooe, and en-
tered on the journals 5 14 12

See, also :. 3 12 9

Speaker of the House of Representatives, during the first week
of the session, to open and publish, in the presence of both
houses, the votes cast and given for Governor, Secretary of
State. Treasurer of State, Auditor of State, and Attorney-
General, respectively 6 3 17

Upon the publication of the votes for Governor, Secretary,
Treasurer, Auditor, and Attorney-General, respectively, the
person having the highest number of votes for each of the
respective offices, to be declared duly elected thereto 6 2 17

If two or more persons shall be equal and highest in votes for
office of Governor, Secretary, Treasurer, Auditor, or Attor-
ney-General, respectively, one of them to be chosen by the
joint vote of both houses, and a majority of all the members
elected to be necessary to a choice 6 3 17

Contested elections for Governor, Secretary of State, Treas-
urer of State, Auditor of State, and Attorney-General, to bo
determined by themombers of both houses 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 [ being the ca^e of special elec-
tions to fill vacancies in the office of Governor— See Art. VI,
Sec. 14, p. 18] 6 4 17

Contested elections for Governor, Secretary of State, Treas-
urer of State, Auditor of State, and Attorney-General, to bo
determined at the first session of the General Assembly after
the election in which the same shall have arisen 6 4 17

5. Upon the General Assembly, acting in the exercise op its ordina-

ry CAPACITY of legislation :
a. In matter of procedure :

First session, under this Constitution, to commence on the
first Tuesday after the second Monday in November, 1874 Sc 22 66

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 5 5 10

In reviving, amending, or extending or conferring, the pro-
visions of any law, to re-enact, and publish at length, so
much thereof as is revived, amended, extended, or con-
ferred 5 23 14

to cause to be presented to the Governor, for his approval,
every bill which shall have passed both houses 6 15 19

House to which the Governor shall return a bill, with his objec-
tions (this being, in all cases, the house in which ".the bill
originated) , to enter the objections at large upon their journal,
and proceed to reconsider the bill G 15 19

If, after reconsideration of a bill returned, by the Governor,
with his objections, a majority of the number elected to that
house shall agree to pass the bill, the bill to be sent, with the
objections, to the other house 6 15 19

House to which a bill, returned, by the Governor, shall, after
reconsideration and approval by the house in which it origi-
nated, be transmitted, together with''^the Governor's 'objec-
tions, to proceed to reconsider th« same ". 6 15 19



(11) INDEX TO CONSTITUTION.



Art. Sec. Pagi



General Assembly— Z>tt«te« Obligatory (continued.)

In reconsideration of bills, etc, returned, by the Governor,
disapproved, the votes of both' houses to be determined by


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