Copyright
Arkansas.

The constitution of the state of Arkansas online

. (page 18 of 25)
Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 18 of 25)
Font size
QR-code for this ebook


Everything contained in Declaration of Rights, excepted out of
the general powers of, and forever to remain inviolate



Pr




1


2


1


2


2


1


2


2


4


3


2


25


6



Contents of Digest under "General Assembly" (continued.)



Page
Titles. of Index.
b. In matters special (10)

4. Upon the two houses, acting in joint session.. (10)

5. Upon the General Assembly, acting in the

exercise of its ordinary capacity of legisla-
tion (10)

a. In matter of procedure (10)

h. In matters of legislation generally (11)

(Actions, Civil) (11)



(Apportionment)

.(Compensation of public officers).

(Corporations)

(Finance and Taxation)

(Penal enactments)

(Schools)

(Miscellaneous)

. In matters special



(11)
(11)
(12)
(12)
(12)
(13)
(14)

(14;



Powers Discretionary

1. General provisions

2. Discretionary powers vested in the Senate,

alone

3. In the House of Representatives, alone

4. In each house, acting in its separate capa,e-

ity

5. In the General Assembly, acting in the

exercise of its ordinary capacity of legis-
lation

o. In matter of procedure

b. In matters of legislation generally

(General provisions)

(Appropriations and claims)

(Compensation of public officers

(Contracts)

(Corporations)

(Counties)

(Courts— their Creation, Constitution,
Abolition, Terms, and Original Juris-
diction)

(Finance and Taxation)

(Militia) (19)

(Penal enactments) (19)

(Practice— including Appellate Juris-
diction) (19)



(14)
(14)



(14)
(14)



(14)



(15)
(15)
(15)
(15)
(15)
(15)
(16)
(16)
(17)



(17)
(18)



Page
Titles. op Index.

(Public officers— except as regards matter

of their compensation) (20)

(Schools) (20)

(Miscellaneous) (20)

c. In matters special (20)



.5(21)
. (21)



(21)
(22)



(22)



Powers Denied

1. General provisions

[Note respecting prohibitions on the
powers of a State, imposed by the
Constitution of the United States]...

2. Powers specifically denied to the Senate ,

3. Powers denied to the House of Representa-

tives

4. To either house, acting in its separate ca-

pacity (22)

a. In matter of procedure (22)

h- In matters special (22)

5. To the two houses, acting in joint session (22)

6. To the General Assembly, acting in the exer-

cise of its ordinary capacity of legislation.. (22)

a. In matter of procedure (22)

b. In matters of legislation generally (23)

(Rights, Privileges, etc.) (23)

(Apportionment) (24)

(Appropriations) (24)

(Compensation of public officers) (24)

(Contracts) (25)

(Corporations) (25)

(Counties) (26)

(Elections) (26)

(Finance and Taxation) (26)

(Penal enactments) (27)

(Practice) (27)

(Public officers— except as regards 'mat-
ter of their compensation) (28)

(Schools) (28)

(Special legislation) (28)

(Miscellaneous) (28)

c. la matters special (28)



Reports to General Assembly

By Governor

By Secretary of State



(2b)
(29)
(29)



5


31


15


14


1


44


19


15


57


1




2


2


2


2


2


2


2


6


1


16


6


2


. 16


6


2


16


6


3


16


6 •


3


17


6


3


17


6


4


17


6


14


19


6


5


17



clxiv INDEX TO CONSTITUTION.

Akt. Sec.
Government of the U. S.,0fl5ce, appointment, or employment, under, dis-
qualifies for service as ofiBcer of election 3 10

of the State, Powers of, how divided 4

Levy of State tax, and appropriations of money, for defraying
necessary expenses of, constitute exceptions to rule requiring
vote of majority of two-thirds of both houses of General As-'
sembly

free and good, Intelligence and virtue the bulwark of.

State, Contracts for furnishing stationery, printing, paper, and

fuel, for use of.

Oovernment, Seat of, to be and remain at Little Rock

Governments instituted to secure the rights of life, liberty, property, repu-
tation, and the pursuit of happiness

derivetheir just powers from the consent of the governed

Governor an officer of Executive Department

Supreme executive power vested in, as Chief Magistrate

to be styled "the Governor of the State of Arkansas"

how chosen

Returns of election of

Case of tie in elections for

Contested elections for

Contested elections for, in case of elections to fill vacancy, to be
decided as may be provided by law

Qualifications for office of ,

No member of Congress, or person holding office under author-
ity of State of Arkansas or U. S., except as by the Constitu-
tion provided, to exercise office of.

In case of death, conviction on impeachment, failure to qualify,
resignation, absence from State, or other disability of. Presi-
dent of Senate to succeed to powers, duties, and emoluments,
of the office, for remainder of term, till removal of disabil-
ity, or till election and qualification of a Governor

Office of, in case of concurrent vacancy in Governorship
and Presidency of Senate, or of concurrent ab-
sence of both officers from the State, to be filled by
Speaker of House of Representatives, in like manner as in
the preceding entry provided

Vacancy in office of, not happening within twelve months
next before expiration of term of office for which he shall have
been elected, to be filled by election, in manner prescribed

Term of office

Maximum salary to be allowed ^.

Salary of, during two years from adoption of Constitution

Salary of, not be increased during his term of office

liable to impeachment

to keep his office, in person, at seat of government

to issue writs of election to fill such vacancies as shall occur in

either house of the General Assembly 5 6 10

to be Commander-in-Chief of military and naval forces of
State, except when they shall be called into actual service of
U. S 6 6 17

may require information, in writing, from officers of Executive
Department, on subjects relating to duties of their offices 6 7 17

to see that the laws are faithfully executed 6 7 17

to give to General Assembly from time to time, and, at close of
his official term, to next General Assembly, information, by
message, concerning condition and government of State, and
torecommend for their consideration such measures as he
may deem expedient '. '6 8 18

to keep, and use officially, a seal of the State, to be called the
"Great Seal of the State of Arkansas"

to sign all grants and commissions

Bills passing both houses of General A^ssembly, to be presented
to, for approval

to sign bills ifhe approve them

to return bills which he shall not approve, with his objections,
to the house in which they originated

to return bills within'five days, Sundaysexcepted, after presen-
tation to him; unless General Assembly, by adjournment, pre-
vent „



6


14


18


6


1


16


19


11


57


Sc


28


67


19


11


56


15


1


45


6


1


16



9


18


10 ■


18


15


19


15


19



6


16


6


17


6


18


6


18



INDEX TO CONSTITUTION. clxv

Art. Skc. - Page.

Oovernor to give notice, by public proclamation, within twenty days af-
ter adjournment of General Assembly, of disapproval of bills

return of which has been prevented by such adjournment 6 15 19

to file, in office of Secretary of State, with his objections, bills
disapproved, return of which has been prevented by adjourn-
ment of General Assembly 6 15 19

Orders and resolutions in which concurrence of both houses of
General Assembly may be necessary, except on questions of
adjournment, to be presented to, for approval, and, before
taking effect, to be approved by him

to have power to disapprove any item or items of bill making
appropriation of money, embracing distinct items

to have power, in all criminal and penal cases except those
of treason and impeachment, to grant reprieves, commuta-
tions of sentence, and pardons, after conviction, under such
rules and regulations as shall be prescribed by law....

to have power, by and with advice and consent of Senate, to
grant reprieves atid pardons in cases of treason

in cases of treason, may in the recess of the Senate, respite sen-
tence until adjournment of next regular session of General
Assembly 6 18 20

to communicate to General Aesembly, at every regular session,
(with prescribed statement of particulars) each case of re-
prieve, commutation, or pardon, and his reasons therefor 6 18 20

may, by proclamation on extraordinary occasions convene
General Assembly at the seat of government, or at a different
place, if that shall have become, since their last adjournment,
dangerous, from an enemy, or contagious disease 6 19 20

to specify, in h'S proclamation convening extraordinary session
of General Assembly, the purpose for which they are con-
vened 6 19 21

may, upon certificate by presiding oflBcers of the two houses of
the General Assembly of disagreement with respect to the
time of adjournment, adjourn them to a time not beyond the
day of their next meeting, and on account of danger or dis-
ease, to such other place of safety as he may think prop-
er 6 20 '21

in case of vacancy in office of. Treasurer, Secretary, or Auditor
of State, or of Attorney General, to fill the same, by appoint-
ment for unexpired term "6 22 21

in case of vacancy in office where no mode is provided, by Con-
stitution and laws, for filling the same, to fill the same by
grant of commission 6 23 31

in case of disqualification of any Judge.of Supreme Court, to
commission special Judge 7 9 23

Upon certificate of disqualification of Judge of County or Pro-
bate Court from presiding at trial, to commission a Special
Judge 7 36 28

to commission all officers. Constables excepted, [i. e., judicial
officers, officers of courts. and officers of counties], provided for
in Art. VII of Constitution 7 48 31

to fill, by appointment, vacancies occurring in county and
township offices, six months, and in others nine months, be-
fore next general election

may, by and with advice and consent of Senate, appoint State
Geologist, upon creation of such office

may at all times remove State Geologist, for incompetency or
gross neglect of duty

Power of, to call out the volunteers or militia

Power of, to remove State officers, etc., upon address of General
Assembly

Contracts for stationery, printing, paper, and fuel, for use of
General Assembly and other departments of Government, for •
printing, binding, and distributing, of laws, journals, depart-
ment reports, and all other printing and binding; and repair-
ing and furnishing halls and rooms for use of General Assem-
bly, to be subject to approval of.

Record of all official acts and proceedings of, with all papers,
minutes, and vouchers, relating thereto, to be laid, by the
Secretary of State, when so required, before either branch of
the General Assembly



7


50


31


10


2


40


10


2


40


11


3


40



clxvi INDEX TO CONSTITUTION.

Art. Sec. Page.

Oovemor, Disqualification of Judges of County and Probate Courts from

presiding at trial, to be certified to 7 36 28

Returns of elections for oflBcers who are to be commissioned by, "~

except as otherwise provided by Constitution, to be made to

Secretary of State 19 10 56

First election for Sc 3 61

to issue proclamation enjoining preservation of good order, etc. ,

on day of election under Schedule Sc 6 62

chosen at first election. Return and announcement of election

of. Sc 17 65

first elected, when to enter upon discharge of his duties Sc 17 65

to commission all officers chosen at election held under pro-
visions of Schedule to the Constitution Sc 18 63

Grand Jury, Presentment or indictment of. requisite to criminal prosecu-
tions, except in cases specified 2 8 3

Grants to be issued in the name and by authority of the State, sealed with
the Great Seal of the State, signed by Governor, and attested

by Secretary of State 6 10 18

Special or exclusive, under which bona fide organization be not
made, and business commenced in good faith, at time of adop-
tion of Constitution, declared invalid 12 1 41

of the State, to corporations. Power to tax the corporation or its

property not to be surrendered or suspended by 16 7 47

Gratitude to God, for free choice of form of government, and for civil and

religious liberty Pr . . 1

Great Seal of the State of Arkansas 6, 19 9, 25 18, 60

of the State to be affixed to grants and commissions ^. 6 10 18

GroM?i(i/» used exclusively for school purposes, exempt from taxation 16 5 47

used exclusively for public charity, exempt from taxation 16 5 47

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

may be prescribed by law, in matters relative to 7 34 28

Homesteads subject to seizure under judgments against, for

moneys collected by them 9 3 38

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



H.



Habeas Corpus, Suspension of i rivilege of 2 11 4

Supreme Court may issue writs of, in aid of its appellate and

supervisoryjurisdietion 7 4 22

Power of County Judges to issue writ of, in case of absence of
Circuit Judge from county 7 37 29

Halls used for meetings of General Assembly and its committees. Repair-
ing and furnishing of, to be performed under contract, to be
given to lowest responsible bidder, below maximum price,
under regulations to be prescribed by law 19 15 57

Happiness, Ri^t of every man to pursue his own, inherent and inalien-
able

Hawkers, General Assembly may tax

Hearing, Pight of accused to

Hereditary emoluments, privileges, and honors, forever prohibited

Highways, public. Railroads, canals, and turnpikes, to be

Holding over of officers, until election and qualification of successors

Homestead exemvtion

of residents, married, or heads of families

Limits of, outside of city, town, or village

Limits of, in city, town, or village

for benefit of widow

for benefit of minor children

Exceptions to rule of

Honors, Hereditary, forever prohibited

House, security of, against unreasonable searches and seizures. Right to..

Houses, Quartering of soldiers in

House of Representatives— see Representatives, House of.
House of Representatives, Speaker of— see Speaker.
Husband, Separate property of wife not to be subject to debts'of ,



2


2


2


16


5


47


2


10


4


2


19


5


17


1


48


19


5


56


9


3.4,5,
6,9,10


38, 39


9


3


38


9


4


38


9


5


38


9


6


38


9


6,10


38, 39


9


3


38


2


19


5


2


15


5


2


27


7



INDEX TO CONSTITUTION.



clxvii



Idiots not entitled to privileges of elector

Courts of Probate to have exclusive original jurisdiction, as may

be prescribed by law, in matters relative to

Immorality, gross, Removal of county and township ofiBcers for

Immunities, Equality of.

Immunity, Citizen not to be deprived of, on account of race, color, or pre-
vious condition

Impeachment and Address

Impeachment, House of Representatives to have sole power of

OfiBcers liable to

Grounds of

Action of grand jury not requisite in cases of.

to be tried by the Senate

Proceedings in trial of

of Chief Justice, Selection of presiding ofiBcer in case of

Judgment in, limited to removal from oflSce, and disqualification

to hold any office of honor, trust or profit under this State

No bar to indictment

Case of, an exception to Governor's power to grant reprieves,

commutations of sentence, and pardons

of Governor, OflSce how filled in case of conviction upon„

of President of Senate during vacancy in oflSce of Governor,

Governorship how filled in case of.

pending, regular biennial session of General Assembly may

exceed sixty days in duration

Imprisonment, except by judgment of peers or law of the land, prohibited

Imprisonment for debt, unless in cases of fraud, prohibited

Improvement, internal, of counties. County Courts to have exclusive orig-
inal jurisdiction in all matters relating to

Improvements. locaX, in towns or cities, Assessments on real property, for...

Inalienable rights of man

of freedom of conscience and of religious worship

Incompetency, Removal of county and township oflScers for

or gross neglect of duty. State Geologist may be removed for

Incorporation— see Corporations.
Incorporated Companies— see Corporations.
Indebtedness— see Debt, and Debts.

Indebtedness, Public, of State, of counties, and of municipal corporations
— see Debt, Public.

Independence, Natural, of all men

Indictment or presentment of grand jury, requisite to criminal prosecu-
tions, except in cases specified

Style of.

General Assembly may dispense with, in criminal matters

cognizable by Corporation Courts

Punishment for contempt or disorderly behavior in presence of

eitherhouseof General Assembly, not a bar to, for same offence

Proceedings to expel member of General Assembly for criminal

oflfence, no bar to

Impeachment no bar to

Removal of county and township oflficers upon

Individuals, General laws not to be suspended, by legislature, for benefit

of.

Ineligibility— see Disqualification .
Infamous crime. Conviction of, after adoption of Constitution, disquali-
fies for seat in General Assembly, or oflBce of trust or profit

Infamy, public, "Witness in election investigations not permitted to with-
hold his testimony because it would subject him to

Infantry, Volunteer companies of.

Infants, above the age of six, entitled to gratuitous instruction in free

schools

Inferior courts— see Courts, Inferior.
Influencing public oflScer in performance of duty, by gift, promise, etc. ,

constitutes felony

Information, in writing, from ofiBcers of Ex. Department, Governor'may

require

Communication of, by GoTernor, to General Assembly



7


34


28


7


27


27


2


18


5


2


3


2


15


..


45


15


2


45


15


1


45


15


1


45


2


8


3


15


2


45


15


2


45


15


2


45


15


1


45


15


1


45


6


18


20


6


12,13 14 ,


18


6


13


18


5


17


12


2


21


5


2


16


5


7


28


27


19


27


60


2


2


2


2


24


6


7


27


27


10


2


40



2


2


2


2


8


3


7


49


31


7


43


30


5


12


12


5


36


16


15


1


45


7


27


27



clxviii INDEX TO CONSTITUTION.



Information, Removal of county and township officers upon

Inhabitants of the State, Enumerations of— see Census.

Injuries, Right to remedy for

to person or property, or resulting in death, Right of action

for

Injunction, writs of. Power of County Judge to issue, in absence of Cir-
cuit Judge from county

Insane persons not entitled to privileges of elector

Courts of Probate to have exclusive original jurisdiction, aa

may be prescribed by law, in matters relative to

General Assembly to provide for support of institutions for treat-
ment of.....

Institutions, Counties and municipal corporations prohibited from appro-
priating money for, or loan of credit to

for education of deaf and dumb, and treatment of insane. Gen-
eral Assembly to provide for support of.

Instruction, gratuitous, in free schools. What persons entitled to

Instructions to juries,todeclare the law, not matters of fact

to juries, to be reduced to writing on request of either party

Insurrection, Suspension of habeas corpus in case of

Levy of State tax. and appropriations of money, to suppress,
constitute exceptions to rule requiring vote of majority of two-
thirds of both houses of General Assembly

i5 Power of Governor to call out volunteers or militia to repress. ..

State may contract debts to suppress

Intelligence a safeguard of liberty and bulwark of free and good govern-
ment

Interest on part of Judge or Justice of the Peace to disqualify from presid-
ing at trial .".

in civil actions, no bar to competency of witnesses

\monetai~y] Rate of.

Interest-bearing evidences of indebtedness. Issue of, by counties or muni-
cipalities, prohibited

Interest-bearing treasury xvarrr ants or scrip, btate never to issue

Internal improvement of counties. County Court to have exclusive origi-
nal jurisdiction in all matters relating to

Intestate, Competency, in certain actions, of testimony as to transactions

with or statements of.

Intoxicating liquors. Sale or gift of, during day or night of election under

Schedule, prohibited .•

Invasion, Suspension of habeas corpus in case of

Levy of State tax, and appropriations, to repel, constitute eX'
ceptions to rule requiring vote of majority of two-thirds of

both houses of General Assembly

Power of Governor to call out volunteers or militia to repel

State may contract debts to repel

Investigations of elections. Rule as to divulging elector's vote in

of elections. Rule as to self-crimination, etc., of witnesses in..
See, also, Elections, Contested,

Involuntary servitude, except as punishment for crime, prohibited

Items of appropriation bills. Power of Governor to disapprove

of appropriation bills, disappproved by Governor, to be void un-
less re-passed as prescribed in case of bill



J.



Jeopardy of life or liberty. No person to be twice put in, for same ofiFenco
Johnson County, General provisions of Art. XIII, Sec. 1, not to apply to

Johnson and Pope counties. Line between

Joint orders— see Orders-
Joint Resolutions— see Resolutions, Joint.
Joint Sessions:

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 betaken viva voce, and enter-
ed on the journals



Art.


Skc.


Page.


7


27


27


2


13


4


5


32


15


7


37


29


3


5


8


7


34


28


19


19


58


12


5


41


19


19


58


14


1


44


7


23


26


7


23


26


2


11


4


5


31


15


11


4


40


12


12


. 43


14


1


44


7


20


25


Sc


2


61


19


13


57


16


1


46


16


1


46


7


28


27


Sc


2


61


Sc


15


63


2


11


4


5


31


15


11


4


40


12


12


43


3


3


8


3


9


8


2


27


6


6


17-


20



2


8


3


13


1


43


13


1


43



I



INDEX TO CONSTITUTION. clxix

Art. Sec. Page.

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 officers, and directed to the
Speaker of the House of Representatives 6 3 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 of
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 3 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 mem-
bers 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 offioe of Governor— See Art. VI, Sec. 14,
p. 18] 6 4 7

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

Joint sessions of both houses of General Assembly; To witness opening and
publication of returns of election of officers of Executive De-
partment 6 3 17

Jones, Dudley, E., a member of the State Board of Supervisors of Election

under Schedule

Journal, Each house of General Assembly to keep, of its proceedings

of each house of General Assembly to be published from time to
time, except such parts as require secrecy

Yeas and nays, at desire of five members of either house of Gen-
eral Assembly, to be entered on


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 20 21 22 23 24 25

Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 18 of 25)