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yeas and nays, and the namefe of members voting for or

against the bill, to be entered on the journals 6 1

to cause to be presented to the Governor, for his approval,
every order or resolution in which the concurrence of both
houses may be necessary, except on questions of adjourn-
ment g J,

Joint or concurrent Drders and resolutions, being disapproved
by the Governor, to be repassed by both houses [if repassed],
according to the rules and limitations prescribed in the case of

abill..A 6 K

Item or items, disapproved by the Governor, of bills making
appropriations of money, embracing distinct items, to be re-
passed [if repassed] according to the rules and limitations
prescribed for the passage of other bills over the executive

veto g J,

h. In matters of legislation generally :
(Actions, Civil:)

to prescribe for whose benefit actions for damages to be recov-
ered for injuries resulting in death, shall be prosecuted 5 35

to provide, at next session after adoption of Constitution, manner
in which all suits and proceedings relating to sixteenth section
lands, or to money due for such lands, shall be transferred to

the respective counties where such lands are located 7 44

{Apportionment :)

After the enumeration of the inhabitants shall be taken by the
U. S. Government, A. D, 1880, the ratio of representation in
the House of Representatives to be increased, as in the Consti-
tution, after Art. VIII, Sec. 1, provided [see second entry be-
low], so that the Representatives shall never exceed the num-
ber of one hundred (the House, however, never to consist of
less than seventy-three members, and each county organized
at date of adoption of Constitution to be always entitled to
one Representative, the remainder to be apportioned among
the several counties according to the number of adult male

inhabitants) y j

After the U. S. census of 1880, to divide the State, from time to
time, into convenient Senatorial districts, in such manner
that the Senate shall be based upon the adult male inhabi-
tants of the State; each Senator representing an equal num-
ber as near as practicable g 2

At the first regular session after each enumeration of the inhabi-
tants of the State, by the Federal or State government, shall
have been ascertained (and at no other time) , to make the di-
vision of the State into Senatorial districts, and apportion-
ment of the Representatives to the several counties 8 • 4

(Compensation of public officers:)

to ascertain, by law, the compensation of Supreme Judges, for

their services 7 jq

to ascertain, by law, the compensation of Judges of Circuit

Courts, for their services 7 jc

to fix the salaries and fees of all oflScers of the State 16 4

to fix, bylaw, the number and salaries of clerks and employes

of the different departments of the State 16 4

to regulate, by law, in what cases, and what, deductions from
the salaries of public officers, shall be made for neglect of

duty in their official capacity 19 g

to establish the salary of Governor, Secretary of State.'Audi-
tor. Treasurer, Attorney General, Judges of the Supreme
Court, Judges of the Circuit Court, Commissioner of State
Lands^, and Prosecuting Attorneys ; not to be increased
or dirainished during their respective terms, and never to
exceed the sums, per annum, respectively, fixed by Art.

XIX. Sec. 11 (p. 57) 19 ^

to direct, by appropriate legislation, the manner in which all
salary, fees, and perquisites, of officers of the State, and of
counties, cities, and towns, in excess of five thousand dol-
lars, net profit, per annum, in par funds, shall be paidjnto
the State, county, city, or town treasury 19 23



INDEX TO CONSTITUTION. (12)

Art. Sec. Page.

Gknkral Assembly— Duties Obligatory, (centinued.)
(Corporations :)

to restrict the powers of cities and incorporated towns, in the
matter of taxation, assessment, borrowing money, and con-
tracting debts, so as to prevent the abuse of snch power 12 3 41

to pass laws to correct abuses and prevent unjust discrimina-
tion and excessive charges, by railroad, canal, and turnpike
companies, for transporting freight and passengers, and to
provide for enforcing such laws by adequate penalties and for-
feitures 17 10 50

toj pass laws'enforcing, by suitable penalties, the provisions of
Sec. 13 of Art. XVII (providing that the directors of every
railroad corporation shall annually make a report, as pre-
scribed by law, under oath, to the; Auditor of Public Ac-
counts, of all their acts and doings) 17 13 50

to provide, by general laws, for the organization of cities (which
tffi^ may be classified) and incorporated towns, and to restrict

K^ ^ their powers of taxation, assessment, borrowing money, and '

Iek contracting debts, solas to prevent the abuse of such power*... 12 3 41

(Finance and Taxation:)

tolprescribe, by law, the manner .in which county taxes shall

be !levied, and appropriations for county expenses made, by

the Quorum of the County 17 30 27

to provide, by general laws, for the organization of cities (which

may be classified) and incorporated towns, and to restrict

their powers of taxation, assessment, borrowing money, and

contracting debts, so as to prevent the abuse of such power*... 12 3 40

to restrict the powers of cities and incorporated towns, in the

matter of taxation, assessment, borrowing money, and con-
tracting debts, so as to prevent the abuse of such power 12 3 40

to prescribe manner of publication, from time to time, of an

accurate and detailed statement of the receipts and expendi-
tures of the public money, the several amounts paid, to

whom, and on what account 19 12 57

to provide, by general laws, for the support of common schools,

by taxes, which shall never exceed in any one year two mills

on the dollar on the taxable property of the State, and by an

annual per capita tax of one dollar, to be assessed on every

male inhabitant of the State over the ate of twenty-one years 14 3 44

to provide, from time to time, for the payment of all just and

legal debts of the State 16 2 46

(by implication) to provide for the taxation, according to its

value, of all property subject to taxation 16 5 46

to direct the manner in which the taxable property of the

Statejshall belascertained, making such valuation equal and

uniform throughout the! State 16 5 46

Every law imposing a tax to state distinctly the object of the

same 16 11 4T

{Penal enactments :)

Part of the punishment to be provided for any oflScer of the
State, or member or officer of the General Assembly, making
profit outjof public moneys, or using the same for any piirpose
notlauthorized by law, to be, disqualification to hold office in
this State for a period of five years 16 3 46

to pass laws to correct abuses and prevent unjust discrimina-
tion and excessive charges, by railroad, canal, and turnpike
companies, for transporting freight and passengers, and to
provide forjenforcing such, lawsjbyladequate penalties and for-
feitures 17 10 50

to pass laws enforcing, by suitable penalties, the provisions of
Sec, 13 of Art. XVII (providing that the directors of every
railroad corporation shall annually make a report, as pre-
scribed by law, underneath, to the Auditor of Public Accounts, *
of all their acts and doings) 17 13 51



♦For constitutional restrictions of powers of municipal corporations, see Art. XII, Sees. 4,5, and 9,
pp. 41, 42.



14



(13) INDEX TO CONSTITUTION.



Sko.



Qknkeal Assembly— JDwa"e8 Obligatory (continued.)

by suitable enactments, to require such appliances and means
to be provided and used, as may be necessary to secure, as
far as possible, the lives, health, and 'safety, of persons em-
ployed in mining, and of persons travelling upon railroads
and by other public conveyances, and to provide for enforcing

such enactments by adequate pains and penalties 1£

(Schools.)

The State ever to maintain a general, suitable, and.eflScient
system of free schools, whereby all persons in the State, be-
tween the ages of six and twenty-one years, may receive gra-
tuitous instruction li

to provide, by general laws, for the support of common schools,
by taxes, which shall never exceed, in any one year, two mills
on the dollar on the taxable property of the State, and by an
annual per capita tax of one dollar, to be assessed on every
male inhabitant of the State, over the age of twenty-one

years 14

, to provide for officers in whom shall be vested the supervision

of public schools, and to whom shall be confided the execution

ofthe laws regulating the same* 14

(Miscellaneous :)

to enact suitable laws to protect every religious denomination
in the peaceable enjoyment of its own mode of public wor-
ship 2

(by intendment) to provide the manner in which notice of in-
tention to apply for local and special bills shall be published,
in the locality where the matter or thing to bo affected may be
situated 5 36 !4

to regulate.by law, the manner of compelling attendance of Quo-
rum of the County 7 30 27

to provide the time and mode of scheduling the separate
personal property of married women 9 8 39

to pass such laws as will foster and aid the agricultural, mining,
and manufacturing interests of the State 10 1 3'J

to prevent, by law, the granting of free passes by any railroad
or transportation company, to any officer of this State, legis-
lative, executive, or judicial 17 7 50

to prohibit, by law, all contracts for a greater rate of interest
than ten per centum per annum 19 13 57

to prescribe, by law, the maximum price below which, and
regulations under which, there shall be given to the lowest
responsible bidder, contracts for the furnishing of stationery,
printing, paper, fuel, for the use of the General Assembly
and other departments of government, for the printing, bind-
ing, and distributing, the laws, journals, department re-
ports, and all other printing and binding, and for the repair-
ing and furnishing the halls and room? used for the meetings

of the General Assembly and its committees 10 lo 57

See, also, for further regulations respecting such contracts.. 19 15 58

by suitable enactments, to require such appliances and means
to be provided and used, as may be necessary to secure, as
far as possible, the lives, health, and safety, of persons em-
ployed in mining, and of persons travelling upon railroads,
and by other public conveyances, and to provide for enforc-
ing such enactments by adequate pains and penalties 19

to provide, by law, for the support of institutions for the edu-
cation ofthe deaf and dumb, and ofthe blind, and also for the
treatment of the insane „ 19

to provide, by law, the mode of contesting elections in cases

not specifically provided for in the Constitution 19

c. In matters special :

to cause to be published in at least one newspaper in each
county, where a newspaper is published, for six months
immediately preceding the next general election for Sena-



*Though the word "may," only, is employed, in the Constitution, in the conferment of this power, it«
exercise is so obviously indispensable to the execution of the imperative mandate of Stotion 1, that it ha«
been classed among "dutiea obligatory."



INDEX TO 'CONSTITUTION. (14)



General Assembly— Duties Ohliaatory (continued.)

tors and Representatives, proposed amendments to the Con-
stitution (not more than three at the same time), which
may have been agreed to by a majority of all the members

elected to each house

Submission, to the people, of proposed amendments to the Con-
stitution



POWERS DISCBE'iaONARY.*



Akt. Sec. Page.



1. General Provisions :

General legislative power of the State vested in a General As-
semblyt 5 1 10

2. Discretionary powers vested in the Senate, alone :

Advice and consent of the Senate requisite to grant of reprieves

and pardons, in cases of treason 6 18 20

Advice and consent of the Senate requisite to appointment of

State Geologist (when the office shall have been created) 10 2 40

Powers and duties of the Senate in trials of impeachments 15 1,2 45

3. In the House of Representatives, alone :

House of Representatives to have the sole power of impeachment 15 2 45

^. Governor, and all State officers. Judges of the Supreme and

■» Circuit Courts, Chancellors, and Prosecuting Attorneys, lia-

IB ble to impeachment for high crimes and misdemeanors, and

gross misconduct in office 15 1 45

4. In each house, acting in its separate capacity :

A smaller number, of either house, than a quorum, may adjourn

from day to day 5 11 11

A smaller number, of either house, than a quorum, may compel

the attendance of absent members, in such manner and under

such penalties as such house shall provide 5 11 11

Each house has power:

to determine the rules of its proceedings 5 12 11

to punish its members, or other persons, for contempt or dis-
orderly behavior in its presence 5 12 11

to enforce obedience to its process 5 12 11

to protect its members against violence, or offers of bribes, or
private solicitations '. 5 12 11

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

(by intendment) to hold secret sessions of the house itself, or of
its committee of the whole, when the business is such as ought
to be kept secret 5 13 12

by vote of two-thirds, to suspend the rules so as to have a bill
read a second or third time on the same day 5 22 13

(by implication) to withhold from publication such parts of
the journal of its proceedings, as require secrecy 5 12 12

(by intendment) to require the Secretary of State to lay be-
fore it his record of all the official acts and proceedings of the
GckV^rnor, with all papers, minutes, and vouchers, relating
thereto 6 21 21



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

tit follows, from the grant, to the General Assembly, of the general legislative authority, that its
powers of legislation are absolute and unqualified, except as they may be modified or controlled by the
l)rohibitions, express or implied, of the Constitution of the State, or that of the United States. ( For
the specific prohibitions imposed upon tha several States by the Constitution of the United States, see
loot-note to Powers Denied, below.)

The special grants of discretionary powers, therefore, contained in the Constitution of tho State, are of
two classes; first, those forming exceptions to general constitutional prohibitions, and. second ( and
these make up the bulk of such provisions), those to be considered merely as inviting the particular at-
teoAion of the Legislature to the subject of the grant.



(15) INDEX TO CONSTITQTION.



Gkneeal Assembly— Powers' Discretionan/ (continued.)

at a regular session thereof, to propose amendments to
the Constitution (but no more than three at the same

time)

6. In thb General Assembly, acting in the exeecise op its ordinaky
CAPACITY OP legislation :
a. In matter of procedure:

(by implication) may, by general law, alter the time prescribed,
by the Constitution, for regular meetings of the General As-
sembly

may, by a vote of two-thirds of the members elected to each
house, extend the regular biennial session beyond sixty days'

duration

may, at the first session under this Constitution, and when im-
peachments are pending, extend the regular biennial ses-
sion beyond sixty days, without vote of two-thirds of the
members elected to each house (as required in other

cases)

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
upon their journals, remain in session not exceeding fifteen

days

Governor may, by proclamation on extraordinary occa-
sions, convene the General Assembly at the seat of govern-
ment, or at a different place, if that shall have become, since
their last adjournment, dangerous, from an enemy or conta-
gious disease ( the purpose for which they are convened, to
be specified in his proclamation, and no other business than
that set forth therein, to be transacted, until the same shall

have been disposed of)

In cases of disagreement between the two houses, at a regular
or special session, with respect to the time of adjournment.
Governor may, if the facts be certified to him by the presiding
oflScers of the two houses, adjourn them to a time not beyond
the d»ff of their next meeting, and, on account of danger from
an enemy or disease, to such other place of safety as he may

think proper

may, after reconsideration of bill returned, by the Governor,
with his objections, in manner prescribed and by vote of a

majority of both houses, repass the bill

may, according to the rules and limitations prescribed in the
case of a bill, repass joint or concurrent orders or resolutions

disapproved by the Governor

may. according to the rules and limitations prescribed for the
pagsage of other bills over the executive veto, repass item or

items, disapproved by the Governor, of appropriation bills

See under sub-head of Vetoes, special paging (6.)
b. In matters of legislation generally :
( General provisions :)

All laws in force at date of Constitution, which are not in con-
flict or inconsistent with this Constitution, to continue in force

until amended or repealed by the General Assembly

(by implication) may suspend or set aside the law or laws of the

State

(by implication) may, by general law, suspend the operation of
general laws, in cases where the courts have no jurisdiction to

grant the powers, or the privileges, or tiie relief, asked for

(by implication) may (under the restrictions imposed by the
Constitution, for which see Special legislation, in the General
Index) enact special laws, in cases where a general law can-
not be made applicable

(Appropriations and claims :)

clothed with sole power to make appropriations of money, to be

paid out of the treasury

may, by bill passed by two-thirds of the members elected to each
branch, appropriate money on claims, the subject-matter of
which shall not have been provided for by pre-existing law8„...
{Compensation of public officers:)

may fix, by law, the per diem pay, 'and mileage, to be received
by members, for their services, after expiration of two years



Sec. Page.



INDEX TO CONSTITUTION. (16)

Art. Sec. Page.

General Assemblt — Powert Diacretionarv (continued.)

from the adoption of this Constitution; Provided, that no mem- >
ber of either house shall, during the term for which he has
been elected, receive any increase of pay for his services under
any law passed during such term; and Provided further, that it
shall provide for n© increase of salaries of its members, which
shall take effect before the meeting of the next General Assem-
bly 5.19.SC 16.11,28 12.57,67

may, by bill passed by two-thirds of the members elected to each
branch, allow extra compensation to oflScers, iagents, em-
ployes, or contractors, after the service shall have been ren-
dered, or the contract made 5 27 14

(by implication) may, during the existence of the first General
Assembly after the adoption of the Constitution, diminish the
compensation of Supreme Judges 7 10 24

(by implication) may, during the existence of the first General
Assembly after the adoption of the Constitution, diminish the
compensation of Judges of the Circuit Courts 7 18 25

(by intendment) may provide, by law, the compensation of the
County Judge for his services as presiding Judge of the Coun-
ty Court, as Judge of the Court of Probate, and Judge of the
Court of Common Pleas, when established 7 37 28

(by implication) may, by law, after two years from the adoption
of the Constitution, increase (within the maximum limit pre-
scribed by Art. XIX, Sec. 11, p. 56), or diminish, the salaries
of State oflScers, and the per diem and mileage of members of
General Assembly, as provided in Section 28 of the Schedule.. Sc 28 67

(Conlracta •)

may, by bill passed by two-thirds of the members elected to each
branch, allow extra compensation to oflScers, agents, em-
ployes, or contractors, after the service shall have been ren-
dered, or the contract made 5 27 14

(by intendment) may provide regulations under which there
shall be given to the lowest responsible bidder, contracts for
erecting or repairing public buildings or bridges in any county,
or for materials therefor, or for providing for the care and
keeping of paupers, where there are no almshouses 19 16 58

(by implication) may provide for distinction between sealed and
unsealed instruments, concerning contracts between indi-
viduals, executed since the adoption of the Constitution of
1868; Provided, that the statutes of limitation with regard to
sealed and unsealed instr^aents, in force at that time, con-
tinue to apply to aU instruments afterwards executed, until
altered or repealed Sc 1 60



(Corporatione :)

may form corporations under general laws; which laws may,
from time to time, be altered or repealed 12

(by intendment) may pass special acts conferring corporate
powers, for charitable, educational, penal, or reformatory
purposes, where the corporations are to be and remain under
the patronage and control of the State 12

may alter, revoke, or annul, any charter of incorporation now ex-
isting, revocable at the adoption of the Constitution, or any
that may hereafter be created, whenever, in their opinion, it
may be injurious to the citizens of thig State; in such manner,
however, that no injustice shall be done to the corporators... 12

(by intendment) may enact general laws providing for the in-
crease of the stock or bonded indebtedness of private
corporations, under conditions specified, respecting consent
of stockholders 12

(by intendment) may prescribe, by law, the manner of ascer-
tainment (by a jury, however, of twelve men, and in a court of
competent jurisdiction) of the compensation due the owner for
the appropriation of property, or right of way, to the use of cor-
porations 12

may authorize foreign corporations, under the restrictions im-
posed by Art. XII, Sec. 11 (p. 42), and under such other lim-
itations and restrictions as may be prescribed by law, to do
business in this State 12



(17) INDEX TO CONSTITUTION.



Art. Sec, Page.



GxHKBi.L Assembly— Poirer* Ditcretionary (continued.)

( by implicationi may remit the forfeiture of charters, alter
and amend the same, and pass general and special laws for
the benefit of the corporations, on condition that such corpo-
rations shall thereafter hold their charters, subject to the
provisions of this Constitution 17 9 50

( by intendment ) may take the property and franchises of in-
corporated companies, and subject them to public use— the
same as the property of individuals 17 9 50

(by intendment) may prescribe regulations of responsibility, of
all railroads which are now or may be hereafter built and
operated, either in whole or in part, in this State, for all dam-
ages to persons and property 17 12 50

(by intendment) may prescribe, by law, the matters, relating to
railroads, required to be included in annual report of directors
of railroad corporations to the Auditor of public accounts 17 13 51

may delegate the taxing power, with the necesary restrictions,
to the State's subordinate political and municipal corporations,
to the extent of providing for their existence, maintenance,
and well-being (but no further) 2 23 6

may authorize assessments on real property, for local improve-
ments, in towns and cities, under such regulations as may be
prescribed by law; to be based upon the consent of a majority,
in vadue, of the property-holders owning property adjoining
the locality to be affected (such assessments to be ad valorem,
and uniform) 19 27 60

(by intendment) may authorize counties, cities, towns, or other
municipalities, to issue interest -bearing bonds, to provide
for and secure payment of the indebtedness existing at date of
adoption of Constitution 15 1 45

(by implication) may provide for the assumption or payment
of debts or liabilities of counties, towns, cities, or other cor-
porations, in case such debt or liability shall have been crea-


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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 15 of 25)