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munities which, upon the same terms, shall not equally be-
long to all citizens 2 18 5

not to grant perpetuities or monopolies 2 19 5

not to grant or confer any hereditary emoluments, privileges,
or honors 2 19 5

not to make any distinction, by law, between resident aliens
and citizens, in regard to the possession, enjoyment, or de-
scent, of property 2 20 5

Private property not to be taken, appropriated, or damaged, for
public use, without just compensation therefor 2 22 6

not to give any preference, by law, to any religious establish-
ment, denomination, or mode of worship, above any other 2 24 6

No man to be compelled to attend, erect, or support, any place
of worship, or to maintain any ministry, against his consent... 2 24 6

No religious test ever to be required of any person as a qualifi-
cation to vote or hold ofiBce, nor shall any'person be rendered
incompetent to be a witness on account of his religious belief;
but nothing herein to be construed to dispense with oaths or
affirmations , 2 26 6

Slavery, and involuntary servitude, except as a punishment for
crime, prohibited 2 27 6

(by implication) not to authorize assessments on real property,
for local improvements, elsewhere than in towns or cities, or
not based upon the consent of a majority, in value, of the
property-holders owning property adjoining the locality to be
affected, or other than ad valorem and uniform 19 27 60



INDEX TO CONSTITUTION. (24)

General Assembly— Powers Denied (continued.)

not to pass bill of attainder, ex post facto law, or law impairing
the obligation of contracts 2 17 5

not to suspend privilege of writ of habeas corpus, except in
case of rebellion, insurrection, or invasion, when the public
safety may require it 2 11 4

No person to be taken or imprisoned, or disseized of his es-
tate, freehold, liberties, or privileges, or outlawed, or in any
manner destroyed, or deprived of his life, liberty, 'or property,
except by the judgment of his peers or the law of the land 2 21 5

(by implication) not to abolish, or, except in eases such as
shall be made cognizable by Justices of the Peace, and courts
of similar jurisdiction, to modify, the grand-jury sys-
tem 2 8 3

Right of trial by jury to remain inviolate 2 7 3

Right of trial by jury to extend to all cases at law, without
regard to the amount in controversy (but a jury trial may be
waived by the parties, in all cases, in the manner prescribed
by law 2 7 3

Limitations on the law of libel 2 6 3

Limitations on the law of treason, 2 14 4

For further rights of accused in criminal prosecutions,— not

to be abridged by statutory enactment,— see 2 8,9. 3.4

.. • ^ 10.11

( Apportionment :)

not to make apportionment increasing the number of members
of the House of Representatives to more than one hundred,
or reducing it below seventy-three 8 1 32

not so to divide the State into Senatorial districts that the
Senate shall consist of less than thirty or more than thirty-
five members 8 2 35, 37

Senatorial districts at all times to consist of contiguous terri-
tory, and no county to be divided in the formation of a Sena-
torial district 8 3 37

not to make division of the State into Senatorial districts, or
apportionment of Representatives to the several counties, at
any other time than at the first session after each enumera-
tion of the inhabitants of the State, by the Federal or State

government 8 4 37

{Appropriations :)

No appropriations to be made except by law 5,17 29,12 15,48

not to appropriate any money on any claim, the subject-matter
of which shall not have been provided for by pre-existing
laws, unless such claim be allowed by bill passed by two-
thirds of the members elected to eachibranch 5 27 14

not to make appropriation other than specific, or without dis-
tinctly stating, in the bill, the purpose of the appropriation,
and specifying, in dollars and cents, the maximum amount
which may be drawn .• 5 29 15

not to make appopriations for longer period than two years.... 5 29 15

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

not to make appropriations other than for ordinary expenses of
the executive, legislative, and judicial departments of the
State, except by separate bills, each embracing but one sub-
ject- 5 30 15

{Compensation of public officers:)

(by implication) not to pass any law providing for an increase
of pay of any member of either house, for his services, during
the term for which such member shall have been elected 5 16 12

not to allow extra compensation to any oflScer, agent, employe,
or contractor.after the service shall have been rendered, or the
contract made, unless such compensation be allowed by bill
passed by two-thirds of the members elected to each branch 5 27 14

not, after the adjournment of the next General Assembly after
t'le adoption of the Const tution, to diminish the compensa-
tion of Supreme Judges, during the time for which they shall
have been elected 7 10 24

not, after the adj lurnment of the first session of the General
Assembly, to diminish the compensation of Judg s of Cir-
cuit Courts, during the time for which they are elected 7 18 25



(25) INDEX TO CONSTITUTION.

n > T> T, . T / .. , V ■^^'^- Sec. Page.

UBNEBAL Assembly— Power* JJented (continued.)

not to increase or diminish, during their respective terms, the

salaries of Governor, Secretary of State, Auditor, Treasurer,

Attorney General, Judges of the Supreme Court, Judges of

the Circuit Court, Commissioner of State Lands, or Prose-
cuting Attorneys 19 n 5(5

not to provide salaries, for the oflScers named in the preceding

entry, exceeding the sums respectively prescribed in Art.

XIX, Sec. 11 (p. 57) 19 11 56

to provide for no increase of the salaries of 'its member*, which

shall takeleflfeot before the meeting of the next General As-
sembly 19 11 57

not to increase or diminish, during the period of two years

from the adoption of the Constitution, the salaries of State

oflBcers, or per diem and mileage of members of the General

Assembly, as prescribed in Sec. 28 of the Schedule Sc 28 67

{Contracts :)

not to pass bill of attainder, ex post facto law, or law impairing

the obligation of contracts 2 17 5

not to allow extra compensation to any ofiBcer, agent, employe,

or contractor, after the service shall have been rendered, or the

contract made, unless such compensation be allowed by bill

passed by two-thirds of the members elected to each branch 5 27 14

not, so far as regards contracts made before the time of the

adoption of the Constitution of 1868, to alter or repeal any

laws exempting property from sale on execution or by decree

of a court, which were in force at that time Sc 1 60

(Corporations:)

to pass no special act conferring corporate powers, except for

charitable, educational, penal, or reformatory purposes,

where the corporations c reated are to be and remain under the

patronage and control of the State 12 2 41

not to remit the forfeiture of the charter of any corporation

existing at date of adoption of Constitution, or alter or

amend the same, or pass any general or special law for the

benefit of such corporation, except on condition that such

corporation shall thereafter hold its charter, subject to the

provisions of this Constitution 17 8 50

The exercise of the right of eminent domain never to be

abridged, or so construed as to prevent the Genernl Assembly

from taking the property and franchises of incorporated com-
panies, and subjecting them to public use— the same as the

property of individuals 17 9 50

not to pass any local or special bill suspending the operation

of any general law for the benefit of any particular individ

ual, corporation, or association 5 25 14

not, by any contract or grant to which the State may be a party,

to surrender or suspend the power to tax corporations and cor-
porate property 15 7 47

Except as provided in the Constitution, no law to be passed

making the State a stockholder in, or subscriber to. Or inter-
ested in, the stock of any corporation or association 12 7 42

(by implication) not, by special law, to authorize the increase

of the stock or bonded indebtedness of any private corpora-
tion 12 8 42

(by intendment) not to authorize the appropriation, to the use

of any corporation, of property or right of way, ^ntil full

compensation therefor shall first be made to the owner, in

mo-ney, or first secured to him by a deposit of money (such

compensation to be ascertained in manner prescribed) 12 9 42

For constitutional conditions attached to the grant of cor-
porate franchise to railroad, canal, and turnpike compa-
nies (and, in particular instances, those attached to such
grant to other transportation companies), see Art. XVII,
( p. 48 et seq.) , passim. The two following provisions may
be selected, as instances of more express restriction upon
legislative action;
Any association or corporation, organized for the purpose, to

have the right to construct and operate a railroad between

any poin g within this State, and to connect, at the State line,

with railroads of other States 17 l 48



INDEX TO CONSTITUTION. (26)

Art. Skc. Pagb:.

Gknkhal Assembly— Poioera Denied (continued.)

to pass no law exempting from execution and sale the rolling
stock or other movable property belonging to any railroad
company or corporation in this State 17 11 §0

not to exchange, transfer, remit, postpone, or in any way di-
minish, any obligation or liability of any railroad, or other
corporation, held or owned by the State 5 33 15

not to cause to be released ^ny liability or obligation of any
railroad, or other corporation, held or owned by the State,
except by payment thereof into the State treasury 5 33 15

not to provide for the release of the indebtedness of any cor-
poration to the State, or for discharging the same in any man-
ner save by payment into the public treasury 12 12 43

Restrictions upon powers, privileges, and franchises, of foreign
corporations which may be authorized to do business in this
State 12 n 42

not to delegate the taxing power to the State's subordinate po-
litical and municipal corporations, beyond the extent of pro-
viding for their existence, maintenance, and well-being 2 23 6

not, except as in the Constitution otherwise provided, to pro-
vide for the assumption or payment, by the State, of the
debt or liability of any county, town, city, or corporation,
whatever, or any part thereof; unless such debt or liability
shall have been created to repel invasion, suppress insurrec-
tion, or to provide for the public welfare and defence 12 12 43

{Counties :)

not to reduce any county, established at date of adoption of
Constitution, to an area of less than six hundred square miles,
nor to less than five thousand inhabitants, nor to establish
any new county with less than six hundred square miles and
five thousand inhabitants ; Provided, that this prohibition
shall not apply to the counties of Lafayette, Pope, and John-
son, nor be so construed as to prevent the General Assembly
from changing the line between the counties of Pope and
Johnson 13 1 43

not to take off any part of a county to form a new county, or a
part thereof, without the consent of a majority of the voters
in such part proposed to be taken off 13 2 43

not to establish or change any county-seat, without the consent
of a majority of the qualified voters of the county to be affect-
ed by such change, nor until the place at which it is proposed
to establish or change such county-seat shall be fully designa-
ted ; Provided, that in formation of new counties, the county-
seat may be located temporarily, by provisions of law 13 3 44

In the formation of new counties, no line thereof to run within
ten miles of the county-seat of the county proposed to be di-
vided, except the county-seat of Lafayette county 1? 4 44

(Elections:)

not to interfere to prevent the free exercise of the right of suf-
frage 3 2 7

nottoenact any law whereby the right to vote at any election
shall be made to depend upon any previous registration of the
elector's name 8 2 7

not to enact any law whereby the right to vote at any election
shall be impaired or forfeited, except for the commission of a

felony at common law, upon lawful conviction thereof 3 2 7

(Finance and Taxation:)

not (with exceptions stated) to tax any one species of property
from which a tax may be collected, higher than any other
species of property of equal value 16 5 47

not to levy State tax or make appropriation of money, except to
raise means for the payment of the just debts of the State, for
defraying the necessary expenses of government, to sustain
common schools, to repel invasion and suppress insurrection,
except by a majority of two-thirds of both houses 5 31 15

not to levy State taxes, for any one year, to exceed, in the ag-
gregate, one per cent, of the assessed valuation of the prop-
erty of the State 16 8 47

not to delegate the taxing power to the State's subordinate polit-
ical and municipal corporations, beyond the extent of provid-
ing for their existence, maintenance, and well-being 2 23 6



(27) INDEX TO CONSTITUTION.

Art. Sec, Page.

GbIiebal Assembly — Powers Denied (continued.)

( by implication ) not to authorize assessments on real prop-
erty, for local improvements, elsewhere than in towns or
cities, or not based upon the consent of a majority, in value,
of the property-holders owning property adjoining the local-
ity to be affected, or other than ad valorem and uniform 19 27 60

not to levy any general tax, for the support of common schools,
to exceed in any one year two mills on the dollar on the taxa-
ble property of the State 14 3 44

not to authorize school districts to levy, in any one year, for
school purposes, any tax to exceed five mills on the dollar 14 3 45

not to appropriate any special school district tax to any other
purpose, nor to any other district than that for which it was
levied 14 3 45

not to tax ;

1. Public property used exclusively for public purposes :

2. Cemeteries used exclusively as such :

3. School buildings and apparatus :

4. Libraries and grounds used exclusively for school purposes :

5. Buildings, grounds, and materials, used exclusively for

public charity 16 5 47

not, by any contract or grant to which the State may be a party,
to surrender or suspend the power to tax corporations and
corporate property 15 7 47

All laws exempting property from taxation, other than as pro-
vided in the Constitution, to bo void 16 6 47

No moneys arising from a tax levied for one purpose, to be
, used for any other purpose 16 11 47

(by implication) not to appropriate any money or property be-
longing to the public school fund, or to the State, for the bene-
fit of schools or universities, for any other than the respective
purposes to which it belongs

Never to loan the credit of the State for any purpose whatever..

not to pass any act authorizing the issue of bills, notes, or other
paper which may circulate as money

State never to issue any interest-bearing warrants or scrip

not to cause to be released any liability or obligation of any
railroad, or other corporation, held or owned by the State,
except by payment thereof into the State treasury 5 33 15

not to exchange, transfer, remit, postpone, or in any way di-
minish, any obligation or liability of any railroad, or other
corporation, held or owned by the State 5 S3 15

not to provide for the release of the indebtedness of any cor-
poration to the State , or for discharging the same in any man-
ner save by payment into the public treasury 12 12 43

not, except as in the Constitution otherwise provided, to provide
for the assumption or payment, by the State, of the debt or

liability of any county, town, city, or corporation, whatever, "

or any part thereof ; unless such debt or liability shall have
been created to repel invasion, suppress insurrection, or to
provide for the public welfare and defence 12 12 43

except as provided in the.Constitution,'no law. to be passed mak-
ing the State a stockholder in, or subscriber to, or interested
in, the stock of any corporation or association 12 7 42

(Penal enacttnents :)

not to pass bill of attainder, ex post facto law, or law impairing

the obligation of contracts 2 17 5

not, under any circumstances, to authorize the exile of any

person from the State 2 21 6

(Practice :)

(by implication) not to suspend privilege of writ of habeas cor-
pus, except in case of rebellion, insurrection, or invasion,
when the public safety may require it 2 11 4

not to pass any law making the State of Arkansas defendant
in any of her courts 5 20 18

not to pass any local or special bill changing the venue in crimi-
nal cases 5 24 14

not to limit the amount to be recovered for injuries resulting
in death, or for injuries to persons or property 5, 32 15



14


2


44


16


1


46


12


10


42


16


1


46



INDEX TO CONSTITUTION. (28)

Art. Skc. Page.

Generai, Assembly— Poicers Denied (continued.)

to pass no law exempting from execution and sale the rolling
stock or other movable property belonging to any railroad

company or corporation in this State 17 11 50

not, so far as regards contracts made before the time of the
adoption of the Constitution of 1868, to alter or repeal any
laws exempting property from sale on execution or by decree

of a court, which were in force at that time Sc 1 60

See, also, for prohibitions in matter of practice in criminal
prosecutions, the last six entries under sub-head of
''(Rights, Privileges, etc,)," above.
(Public officers — except as regards matter of their compensation.)

not to create any per uanent State office, not expressly provided

for by this Constitution 19 9 56

{Schools :)

(by implication) not to'appropriate any money or property be-
longing to the public school fund, or to the State, for the bene-
fit of schools or universities, for any other than the respective

purposes to which it belongs 14 2 44

not to levy any general tax, for the support of common schools,
to exceed in any one year two mills.on the dollar on the taxa-
ble property of the State 14 3 44

not to authorize school districts to levy, in any one year, for

school purposes, any tax to exceed fiv3 mills on the dollar 14 3 45

not to tax school buildings, or apparatus, or libraries or grounds
used exclusively for school purposes 16 5 47

(Special lefislatiow' :)
not to pass any local or special law :

1. Changing the venue in criminal cases

2. Changing the names of persons

3. Adopting children

4. Legitimating children

5. Granting divorces

6. Vacating roads, streets, or alleys

7. In any case where a general law can be made applicable...

8. Suspending the operation of any general law for the benefit
of any particular individual, corporation, or association...

9. Where the courts have jurisdiction to grant the powers, or
privileges, or the relief, asked for

10. Unless notice of the intention to apply for the local or spe-
cial bill shall have been published, in the locality where the
matter or the thing to be affected may be situated; such no-
tice to be, at least, thirty days prior to the introduction,
into the General Assembly, of such bill, and in the manner
to be provided by law; the evidence of such notice to be
exhibited, in the General Assembly, before such act shall be



I



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24


14


5


24


14


5


24


14


5


24


14


5


24


14


5


24


14


5


25


14



See note at foot of page.

(Miscellaneous :)

No standing army to bo kept in time of peace 2

Feudal tenures, with all their incidents, prohibited 2

not to authorize any lottery, or allow the sale of lottery

tickets 19

For provisions forbidding special legislation upon a miscel-
laneous class of subjects, see under sub-head of "((Sjaectai
legislation)" above.
c. In matters special :

(by intendment) not to change the seat of government "from

Little Rock, where it is now established 1

not to propose, or submit to the people, more than three amend-
ments to the Constitution, at the same time 19

For restrictions in cases of impeachment, see under
"2. Powers specifically denied to the Senate," above.



*The entries here given are only those of the two sections of the Constitution. devoted to specific pro-
hibitions and restrictions of special legislation. For a collation of all the provisions touching the sub-
ject, either directly or by implication, see Special Legislation, in the General Index.

16



(29)



INDEX TO CONSTITUTION.



General Assembly— (centinued.)



Sko. Page.



REPORTS TO GENERAL ASSEMBLY.

Bt Governor:

in form of message, from time to time, and at close of oflScial
term to the next General Assembly, giving information con-
cerning the condition and government of the State, and re-
commending for their consideration such measures as he may
deem expedient

at every regular session, of each case of reprieve, commutation,
or pardon, with his reasons therefor; stating the name and
crime of the convict, the sentence, its date, and the date of

the commutation, pardon, or reprieve

By Secretary of State:

Secretary of State, when required,to lay his record (to be an ac-
curate and full one) of the official acts and proceedings of the
Governor, with all papers, minutes, and vouchers, relating

thereto, before either branch

See, also. Senate, and Senators, Representatives, House of, and
Representatives, President of the Senate, Speaker, Bills, Im-
peachments, Journals, Joint Sessions, Special legislation. Votes,
Yeas and Nays, etc., etc.*



[Note.



*A GUIDE TO THE COJS^TENTS

OF THE DIGEST OF CONSTITUTIONAL PROVISIONS RESPECTING THE

GENERAL ASSEMBLY.



[The paging referred to is the special paging (in parenthesis) of this particular portion of the

Index ]



Page
Titles. op Index.

Constitution, etc., of General Assembly (1)

1. General provisions (1)

2. Senate (1)

3. House of Representatives (2)

4. Vacancies (2)

5. Preliminaries to organization (2)

6. Qualifications of members (2)

Disqualifications (2)

7. Compensation of members (3)

Proceedings (3)

1. Sessions (3)

a. Regular (3)

b. Extraordinary (4)

2. Publicity of proceedings (4)

3. Quorum, etc (4)

4. Presiding officers (4)

5. Journals (4)

6. Special powers of each house (4)

7. Yeas and nays (5)

8. Adjournments (5)

9. General legislation (5)

a. Bills generally (5)

b. Appropriation bills, etc (5)

c. Bills allowing claims (5)

d. Bills local and special (6)

e. Vetoes (6)



Page
Titles. . op Index.

10. Elections in General Assembly (6)

11. Special proceedings (6)

12. Determination of result of elections for exe-

tive officers of State (7)

Miscellaneous (7)

1. Provisions respecting members (7)

a. Privilege (7)

b. Corruption, and other criminal conduct (7)

c. Ineligibility to other offices (8)

d. Special prohibitions (8)

2. Provisions respecting officers, other than

presiding , (8)

3. Messages and communications (8)

4. Printing, and other expenses (8)

5. Succession of presiding officers to office of

Gov«mor, in case of vacancy (8)

6. First session after adoption of Constitution... (8)

Duties Obligatory (9)

1. General provisions (9)

2. Duties obligatory upon the Senate, only (9)

a. In matter of procedure (9)

b. In matters special (9)

3. Upon each house, acting in its separate ca-

pacity (9)

a. In matter of procedure (9)



INDEX TO CONSTITUTION.



clxiii



General appropriation hill to embrace nothing but appropriations for or-
dinary expenses of executive, legislative and judicial depart-
ments of State

General elections— see Elections.

General laws— see Laws, General, and, for implications of prohibited
special enactment, Special Legislation.
Gift to influence action of public officer. Person offering, and officer con-
senting to receive, guilty of felony

God, Acknowledgment of gratitude to

Natural and indefeasible right of all^men to worship, according

to the dictates of their own consciences

Persons denying being of, disqualified to hold civil office or tes-
tify as witnesses

Government, Privilege of free choice of form of.

instituted for protection, security, and! benefit, of the people...

Right of the people to alter, reform, or abolish

Right of petition to, by address or remonstrance

good. Religion, morality, and knowledge, essential to


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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 17 of 25)