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ted to repel invasion, suppress insurrection, or to provide for

the public welfare and defence 12 12 43

may, by general law, designate subordinate municipal or local
oflaces, below the grade of city or county oflBcers, to which
election officers may be eligible at an election at which they
may serve 3 10 9

(Counties :)

(by implication) may create new counties, and change county-
seats, under the restrictions imposed by Art. XIII 13 1, 2, 3, 4 43, 44

may (in exception to the general restriction) reduce the conn-
ties ofLafayette. Pope, or Johnson, to areas of less than six
hundred square miles each, and to areas containing less than
five thousand inhabitants each 13 1 43

In formation of new couHties, the county-seat may be located
temporarily, by provisions of law 13 3 44

County-seat of Lafayette county an exception to the rule for-
bidding that the line of any new county shall run within ten
miles of the county-seat of the county proposed to be divided 13 4 44

may [for the peace of mankind] give to Sebastian county two
districts and two county-seats, at which County, Probate, and
Circuit Courts, shall be held as may be provided bylaw; each
district paying its own expenses 13 6 44

(CoV4-t8— their Oreation, Constitution, Abolition, Terms, and Original
Jurisdiction:)

(by intendment) may prescribe, by laiw, the terms of the Su-
preme Court 7 8 23

when the population of the State shall amount to one million,
may, if deemed necessary, incraase the number of Judges of
the Supreme Court to five 7 3 22

(by intendment) may prescribe, by law, regulations for tempo-
rary exchange of circuits or courts, by Judges of Circuit
Courts 7 22 26

(by intendment) may prescribe, by law, the terms of County
Courts 7 31 28

(by intendment) may change the arrangement, by the Consti-
tution provided, of judicial circuits 18 .. 51



INDEX TO CONSTITUTION. (18)

Art. Sbc. Page.

Gkkeral Asskmrlt— Power* Discretionary (continued.)

(by intendment) may change tbe terms of the several Circuit
Courts, from the respective times of holding prescribed in the
Constitution 18 . . 51

(by intendment) may abolish the Pulaski Chancery Court 7 44 30

(by intendment) may transfer to other courts the business pend-
ing, at the date of adoption of the Constitution, in the Pulas-
ki Chancery Court 7 . 44 30

See, also, Court, Pulaski Chancery.

may, when deemed expedient, establish Separate Courts of
Chancery 7 1, 15 22, 24

(by intendment) may prescribe, by law, the exclusive original
jurisdiction of Courts of Probate, in matters relative to the
probate of wills, the estates of deceased persons,. executors,
guardians, and persons of unsound mind, and their estates 7 34 28

(by intendment) may prescribe, bv law, the regular terms of the
Courts of Probate 7 34 28

may authorize the Judge of the County Court of any one or ^

more counties to hold, severally, a quarterly Court of Common
Pleas in their respective counties, and may vest, in such
court, such jurisdiction, in matters of contract and other civil
matters, not involving title to real estate, as it may deem
proper 7 32 28

may vest such jurisdiction as may be deemed necessary, in Mu-
nicipal Corporation Courts, and in Courts of Common Pleas,
where established 7 1 22

may invest Corporation Courts, for towns and cities, with
jurisdiction concurrent with Justices of the Peace, in civil
and criminal matters 7 43 30

may invest such Corporation Courts as it may deem expedient,
with jurisdiction of any criminal offences not punishable by
death or imprisonment in the penitentiary, with or without
indictment, as may be prescribed by law 7 43 30

(by implication) may make such offences, in the grade of mis-
demeanor [see Art. VII, Sec. 40, p. 29], as they may see fit,
cognizable by Justices of the Peace, and courts of similar juris-
diction 2 8 3

(by intendment) may prescribe, by law, the jurisdiction of Jui-

tices of the Peace, in misdemeanors 7 40 29

For discretionary powers in matter of practice, including

the subject of appellate jurisdiction, see sub-head of

*' (Practice)" below.

For discretionary powers in matter of salaries of Judges,

see sub-head of "{Compensation of public offictrs)," above.

(Finance and Taxation:)

The State's ancient right of eminent domain, and of taxation,
is in the Constitution fully and expressly conceded 2 23 6

May delegate the taxing power, with the necessary restrictions,
to the State's subordinate political and municipal corporations,
to tho extent of providing for their existenoe, maint«nanoe,
and well-being (but no further) 2 23 6

may, by general law, exempt from taxation, for the term of
seven years from ratification of tho Constitution, the capital
invested in any or all kinds of mining and manufacturing
business in the State, under iuoh regulations and restrictions
as may be preseribed by law '. 10 3 40

may, by general law, authoriee school districts to levy,' by a
vote of the qualified electors of such district, a tax, not to ex-
ceed five mills on th» dollar, in any one year, for school pur-
poses ; Provided, further, that no such tax shall be appropri-
ated to any other purpose, nor to any other district than that
for which it was levied 14 3 45

(by ifttendment) may authorise 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 16 1 46

may, from time to time, tax hawkers, peddlers, ferries, exhibi-
tions, and privileges, in guoh manner ai may be d««mtd
proper 16 5 47



ri9) INDEX TO CONSTITUTION.



Genbrat. Assembly— Powers Discretionary (continued.)

No moneys arising from a tax levied for one purpose, to be
used for any other purpose 16 11

clothed with sole power to make appropriations of money, to be
paid out of the treasury 16 12

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 value of the property-holders owning property adjoining
the locality to be affected (such assessments to be ad valorem,

and uniform) 19 27

(MUitia:)

( by intendment) may provide, by law, the manner of organiza-
tion, oflBcering, arming, equipment, and training, of the
militia 11 1

(by intendment) may permit exemptions from militia service... 11 1

(by intendment) may provide manner of formation of volunteer
companitts of infantry, cavalry, or artillery, and restrictions
thereon .* 11 2

(Ify intendment) may call out the volunteers or militia.or both,
to execute the laws, repel invasion, !repress insurrection, and
preserve the public peace 11 4

(by intendment)may authorize th« manner in which the Govern-
or may, when the General Assembly la not in session, call out
the Tolunteew or militia, or both, to execute the laws, repel
invasion, repress insurrection, and preserve the public peace 11 4

{Penal enactments :)

(by implication) may provide for forfeiture or impairment of
right of suffrage, for commission of a felony at common law,
upon lawful conviction thereof. 3 2

may provide punishment for any oflScer of the State, w member
or officer of the General Assembly,making profit out of public
moneys, or using the same for any purpose not authorized by
law; part of such punishment to be, disqualification to hold
ofl&ce in this State, for a period of five years 16 3

(by intendment) may prescribe .punishment, additional to that

prescribed by the Constitution, for participation in a duel; 19 2

(Practice — including Appellate Jurisdiction :)

may, from to time, prescribe restrictions upon appellate juris-
diction of Supreme Court 7 4

(by intendment) may prescribe, by law, the manner of appeal
from Circuit Courts to Supreme Court, in matters of equity... 7 15

(by intendment) may prescribe, by law, restrictions and regula-
tions for appeals from judgments of County Courts, or Courts
of Common Pleas, when established, to the Circuit Court 7 S3

(by intendment) may provide, by law, the manner in which or-
ders for injunctions and other provisional writs, issued by
County Judges in the absence of the Circuit Judge from the
county, may be reviewed by superior judges in vacation 7 37

(by intendment) may provide, by law, regulations for appeals
from the final judgments of the Justices of the Peace, to the
Circuit Courts 7 42

(by intendment) may prescribe, by law, the manner in which
the venue, in criminal prosecutions, may be changed, upon
the application of the accused, to any other county of the
judicial district in which the indictment may be found 2 10

(by implication) may suspend privilege of writ of habeas corpus,
in case of rebellion, insurrection, or invasion, when the public
safety may require it 2 11

(by intendment) may prescribe, by law, the degree of consan.
guinity or affinity, connecting them with parties to actions,
which shall disqualify Judges and Justices from presiding at
trial 7 20

may regulate, by law, the punishment of contempts, not com-
mitted in the presence or hearing of the courts, or in disobed-
ience of protess 7 26

(by intendment) may provide, by law, regulations and restric-
tions for the issue, hearing, and determination, of writs of
habeas corpus, by County Judges, in the absence !of the Cir-
cuit Judge from the county 7 37



6


22


21


6


1


16


Sc


24


66


7


46


31



INDEX TO CONSTITUTION. (20)

Art. Sec. Page.

jrKNERAL ASSEMBLY— Pojoers Discretionary (continued.)

(by intendment) may prescribe the manner in which a jury trial
may be waved by the parties, in cases at law 2 7 3

may alter or repeal Sec. 2 of the Schedule (relating to compe-
tency of witnesses in civil actions) Sc 2 61

{Public officers— except as regards matter of their compensation :)

may provide, by law, the mode of deciding contested elections
for the office of Governor, in case of special elections to fill
vacancy 6 14 19

(by intendment) may prescribe, by law, the duties of Treasurer
of State, Secretary of State, Auditor of State, and Attorney
General

may provide, by law. for the establishment of the office of
Commissioner of State Lands

may, at its next session after the adoption of the Constitution,
abolish the office of Commissioner of State Lands, or continue
the same in such manner as may be prescribed by law

(by intendment) may prescribe duties of Sheriffs, Coroners,
County Treasurers, and County Surveyors

(by intendment) may provide, by law, for alteration or repeal of
provision making the Sheriff of each county ex-officio collec-
tor of taxes 7 46 , 31

(by intendment) may prescribe the places at which district,
county, and township officers shall keep their offices within
their respective districts 19 4 56

may create a bureau to be known as the Mining, Manufacturing,
and Agricultural Bureau 10 1 39

may, when deemed expedient, create the office and prescribe
the term of office, duties, and compensation, of a State Geolo-
gist, under conditions of appointment and removal pre-
scribed 10 2 40

For removal of State Executive officers, upon address, see

under sub-head " c. In matters special," below.
For compensation of public officers, see under that sub-head,
above.
{Schools ;)

may, by general law, authorize school districts to levy, by a vote
of the qualified electors of such district, a tax, not to exceed
five mills on the dollar, in any one year, for school pur-
poses ; Provided, further, that no such tax shall be appro-
priated to any other purpose, nor to any other district than

that for which it was levied 14 3 45

(Miscellaneous ;)

(by implication) may provide manner of quartering soldiers, in
time of war, in houses or premises, without the consent of the
owner 2 27 7

Right of eminent domain 2,17 23,9 6,50

may, by law, fix a different time for general elections, from that
prescribed in the Constitution (viz., the first Monday in Sep-
tember) 3 8 8

(by intendment) may prescribe rules and regulations respecting
grants of reprieve, commutations of sentence, J and pardons,
after conviction, and remission of fines and forfeitures 6 18 20

(by intendment) may alter the Seal of the State 19 25 60

may direct the time and manner of revision, digesting, arrange-
ment, publication, and promulgation, of the laws of the State,

civil and criminal 19 17 58

c. In matters special :

may, for good cause, and by vote of two-thirds of the members
elected to each house, address the Governor for the removal
of the Auditor, Treasurer. Secretary of State, Attorney Gen-
eral, Judges of the Supreme and Circuit Courts. Chancellors,
or Prosecuting Attorneys 15 3 45



15



'V^'^OP THE ^^^^^




(21) INDEX TO CONSTITUTION.



Sbc.



General Assembly (continued.)

POWERS DENIED.*
1. General Provisions :

[For powers denied to the Goverment, as in contravention of
the fundamental rights and privileges of the citizen, see Art.
II of the Constitution (Declaration of Rights) (p. 2), passim.
Art. IV (Departments) (p. 9) prohibits, to either of the three de-
partments of the government, or to any person, or collection
of persons, being of one of those departments, the exercise
of any power belonging to either of the others, except in the
instances thereafter, in the Constitution, expressly directed
or permitted.

See. also. Art. Ill (Franchise and Elections) (p. 7), for further
checks upon the powers of the Government.]!
Everything contained in the Declaration of Rights (Art. II) , ex-
cepted out of the general powers of the government, and for-
ever to remain inviolate 2 29 7

All laws contrary to the provisions of the Declaration of Rights
(Art. II), or to the other provisions contained in the Constitu-
tion, to be void 2 29 7

For an enumeration of certain of the'more specific constitu-
tional prohibitions of interference with the rights and
privileges of the citizen, see, under head of "6, To the
General Assembly," etc., sub-heads of "i. In matters of
legitlation generally" — *' {Rights, Privileges, etc.)," below.

*Other powers than those here enumerated are, of course, by implication, denied the General Assembly,
by every positive enactment of the Constitution. These must be sought, each under its proper head, in
the General Index.

In addition, however, to the prohibitions imposed, by the Constitution of the State, upon the action of
the General Assembly, or, rather, before them, are the restrictions laid, by the Constitution of the United
States, upon the powers of the States.

"This Constitution, and the laws of the United States which shall be made in pursuance thereof : and
all treaties made, or which shall be made, under the authority of the United States shall be the supreme
law of the land ; and the judges in every state shall be bound thereby, any thing in the constitution or
laws of any state to the contrary notwithstanding." (Constitution of the U. S., Art. VI, Sec. 2.)

The powers prohibited to the States by the original Constitution (omiUing the consideration of
such as grow, by implication, out of positive enactments imposing duties) are divisible, into three
classes : (1) Where the Constitution in express terms grants an exclusive authority to the Union;
(2) where it grants, in one instance, an authority to the Union, and in another prohibits the States
from exercising the like authority; and (3) where it grants an authority to the Union, to which a simi-
lar authority in the States would be absolutely and totally contradictory and repugnant. ( The Federalist,
No. 44.)

To these may now be added a fourth class, embraced in the Amendments to the Constitution, where
certain powers are at once renounced by the National Government, and prohibited to the States.

The enumeration, in this place, of the implied restrictions, subjects, as they are, of differ-
ence and discussion coeval with the institution of the Government, and doubtless to continue while
the Government shall endure, is impracticable. The express prohibitions upon the powers of the States
are as follows :

"No state shall (1) enter into any treaty, alliance, or confederation; (2) grant letters of marque and
reprisal; (3) coin money; (4) emit bills of credit; (5) make any thing but gold and silver coin a tender
in payment of debts; (6) pass any bill of attainder, (7) ex post facto \a,w , or (8) law impairing the obli-
gation of contracts, or (9) grant any title of nobility.

"No state shall, without the consent of the congress, (10) lay any imposts or duties on imports or
exports, except what may be absolutely necessary for executing its inspection laws; and the net pro-
duce of all duties and imposts, laid by any state on imports or exports, shall be subject to the revision
and control of the congress.

"No state shall, without the consent of congress, (11) lay any duty of tonnage, (12) keep troops, or
ships of war in time of peace, (13) enter into any agreement or compact with another state, or (14) with a
foreign power, or (15) engage in war, unless actually invaded, or in such imminent danger as will not
admit of delay." (Art. I, Sec. 10.)

(16) "Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party
shall have been duly convicted, shall exist within the United States, or any place subject to their juris-
diction." (Amendments, Art. XII J.)

"All persons born or naturalized in the United States and subject to the jurisdiction there f, are citi-
zens of the United States and of the state wherein they reside. No state shall (17)
make or enforce any law which shall abridge the privileges or immunities of citizens of the
United States ; nor shall any state (18) deprive any person of life, liberty, or property, without due pro-
cess of law, nor (19) deny to any person within its jurisdiction the equal protection of the laws."
(Amendments, Art. XIV, Sec. 1.)

"Neither the United States nor any state shall (20) assume or pay any debt or obligation incurred in
aid of insurrection, or rebellion against the United States, or (21) anv claim for the loss or emancipation
of any slave; but all such debts, obligations, and claims shall be held illegal and void." (Amendments,
Art. XIV, Sec. A.)

(22) "The right of citizens of the United States to vote shall not be denied or abridged by the United
States or by any state, on account of race, color or previous condition of servitude." (Amendments, Art.
XV, Sec. 1.)



INDEX TO CONSTITUTION.



(22)



General Assembly— -Powers Denied (continued.)

2. Powers specifically denied to the Senate :

[The prohibitions imposed upon the Government, in the mat-
ter of the rights and privileges of the citizen, and as safe-
guards of his person, property, and liberty of opinion, are,
of course, binding upon every individual branch of the gov-
ernment, acting in its separate capacity. For these, see
"1. General provisions, "above, and, under head of "6. To
THE General Assembly," etc., sub-heads !of "6. Inmatters
of legislation generally" — ^'(Rights, Privileges, etc.)," below]
Sole power of impeachment to be in House of Representa-
tives

In trials of impeachments, no person to be convicted without
the concurrence of two-thirds of the members of the Sen-
ate

Judgment in cases of impeachment to go no further than remov-
al from oflSce and disqualification to hold any oflftce of honor,
trust, or profit, under this State

3. Powers denied to the House of Representatives :

[See first entry under head "2. Powers specifically denied
to the Senate," above,]

4. To either house, acting in its separate capacity :
a. In matter of procedure:

The right of the people to petition, by address or remonstrance,
the government, or any department thereof, never to be
abridged

No new bill to be introduced into either house, during the last

threo days of the session

Neither house shall:

adjourn, without the consent'of the other, for'more than Lthree
days

adjourn, without the consent of the other, to any other place
than that in which the two houses shall be sitting

so alter or amend any bill, on its passage, as to change
its original purpose

(by intendment) dispense with the reading of any bill
at length, upon either of its readings

unless the rules be suspended by two-thirds of the !house,
cause a bill to receive more than one reading on the same
day

pass any local or special bill, unless notice of the inten-
tion to apply therefor shall have been published in the locali-
ty where the matter or the thing to be affected may be situa-
ted; such notice to be, at least, thirty days prior to the intro-
duction, into the General Assembly, of such bill, and in the
manner to be provided by law; the evidence of such notice
having been published, to be exhibited in the General Assem-
bly, before such act shall be passed

b. In mqfters special:

Neither house may expel a member a second time for the'same
cause

Neither house to propose more than three amendments to
the Constitution at the same time

5. To THE TWO houses, ACTING IN JOINT SESSION :

[See first entry under head "2. Powers specifically denied
TO THE Senate," above.]

6. To the General Assembly, acting 'in the exercise 'of its ordinary

CAPACITY op legislation:
a. In matter of procedure:

The right of the people to petition, by address or remonstrance,
the government, or any department thereof, never to be
abridged

not to pass any law except by bill

not (except at its first session under this Constitution, or when
impeachments are pending) to extend its regular biennial
sessions beyond sixty days, unless by a vote of two-thirds of
the members elected to each house

No bill to become a law unless, on its final passage, the vote be
taken 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



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13



C23) INDEX TO CONSTITUTION. "^

Art. Sec. Page.

Gbneral Assembly— Power* Denied (continued.)

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 conferre<j^ to be

re-enacted and published at length 5 23 U

(by implication) cannot be adjourned by the Governor, in case
of disagreement between the two houses, at a regular or special
session, with respect to the time of adjournment, unless the
fact of such disagreement be certified to him by the presiding
oflScers of the two houses; and then to a time not beyond the
day of their next meeting, or, except on account of danger
from an enemy or disease, to any place other than that in

which the houses shall be sitting 6 20 21

At extraordinary sessions, no business to be transacted other
than that set forth in the proclamation of the Governor, con-
vening the same 6 19 21

b. In matters of legislation generally :
(Rights, Privileges, etc. ;)

[For general prohibitions, to the Government, of the exercise
of power in contravention of the fundamental rights of the
citizen and [the principles of the Constitution, see head
"1. General provisions, "above. The provisions given below
under this sub-head, are selected. chiefly from the Declaration
of Rights, as embracing the more specific prohibitions in
this nature.]

The equality of all men before the[law, ever to remain invio-
late 2 3 2

No citizen ever to be deprived of any right, privilege, or im-
munity, or exempted from any burden or duty, on account
of race, color, or previous condition 2 3 2

The right of the people peaceably to assemble, to consult for
the common good, never to be abridged 2 4 3

The right of the people to petition, by address or remonstrance,
the government, or any department thereof, never to be
abridged 2 4 3

The citizens of this State to have the right to keep and bear
arms for the common defence 2 5 3

The liberty of the press to forever remain 'inviolate 2 6 3

All persons may freely write and publish their sentiments on
all subjects, being responsible for the abuse of such right 2 6 3

The right of the people of the State to be secure in their per-
sons, houses, papers, and eflfects, against unreasonable
searches and seizures, not to be violated 2 15 5

No person to be imprisoned for debt, in any civil action,' on
mesne or final process 2 16 5

not to grant to any citizen, or class of citizens, privileges or im-


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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 16 of 25)