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General Assembly to provide, by general laws, for organization
of.

General Assembly to provide, by general laws, specified restric-
tions of powers of

Restrictions upon powers of taxation and assessment by

Restrictions upon powers of borrowing money and contracting
debts by

forbidden to pass laws contrary to the general laws of the State..

not to become stockholders in any corporation, etc.,

not to obtain or appropriate any money for, or loan credit to,
any corporation, individual, etc

Assumption of liabilities of, by the State

never to loan credit for any purpose •.

to issue no interest-bearing evidences of indebtedness, except
bonds, authorized by law, to provide for and secure payment

of indebtedness existing at date of adoption of Constitution...

Taxes of, in what funds payable

order.i Or warrants of, receivable for corporation taxes

Right of citizens io institute suit for general protection of in-
habitants against enforcement of illegal exactions

Salary, fees, and perquisites, of officers of, not to exceed five
thousand dollars net profit per annum, in par funds

Officers of, to pay into treasury of their respective corporations,
all sums by them received in exce.<!s of five thousand dollars
net profit, per annum, in par funds

Assessments by, on real property, for local improvements, may

be authorized by General Assembly

See, also. Corporations.
Municipal Courts— see Courts, Corporation,
Municipal offices, subordinate. Eligibility of officers of election to. at
election at which they may serve

Appeals in cases of contested elections for

Muster, Privilege from arrest, of volunteers and militia, during attend-
ance at



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JVame* of persons, not to be changed by special law 5 24 14

of members of General Assembly voting for or against bills re-
turned, disapproved, by Governor, to be entered on journals.. 6 15 19
of members of General Assembly voting for or against joint and
concurrent orders or resolutions, returned by Governor, dis-
approved, to be entered on journals 6 16 20

of members of General Assembly voting for or against items,
returned by Governor, disapproved, to be entered on jour-
nals 6 17 20

Naval forces of State. Governor to be Commander-in-Chief of (with ex-
ception stated) 6 6 17

Naval service of U. S., Militia, when called into, not to be commanded

in chief by Governor 6 6 17

Navy of the U. S.. Action of grand jury not requisite in case of

offencjs arising in 2 8 3

Sailors and marines of, acquire no residence by reason of being

stationed in the State 3-7 8

Necessary expenses of government, Levy of State tax, and appropriations

of money for defraying 5 31 15

Non compos mentis. Courts of Probate to have exclusive original jurisdic-
tion, as may be prescribed by law, in matters relative to per-
P0D8 , 7 34 ^



INDEX TO CONSTITUTION. clxxvii



Non-feasance ia office. Removal of county and township officers for

Non-user, Annulment of charters for, by virtue of adoption of Constitu-
tion

Notaries eligible to seats in General Assembly

eligible to executive or judicial office

Notaries Public may serve as officers of election

Notes, Acts authorizing issue of, to circulate as money, prohibited

Notice of intention to apply for local or special bills

by proclamation, of Governor's disapproval of bills, return
of which has been prevented by adjournment of General As-
sembly

Numbering of names and ballots at election under Schedule



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Oath or affirmation requisite to issue of warrant of search and seizure 2

Nothing in Art. II, Sec. 26, (respecting religious tests, etc) to

be construed as dispensing with 2

of secrecy, required of officers of eleotions 3

of Senators, in trials of impeachment 15

Oath of office ^^ ^ 19

of Justices of the Peace 7

of Constables, to be endorsed on certificate of election 7

Obedience — Power of each house of General Assembly to enforce obedi ence

to its process 5

Objections of Governor, to bills disapproved 6

of Governor, to bills return of which has been prevented by ad-
journment of General Assembly, to be filed in office of Secre-
tary of State 6

of Governor, to joint and concurrent orders or resolutions 6

of Governor to items, disapproved, of bills makinar appropria-
tions, to be entered on journal as prescribed in case of other

bills 6

Obligation of contracts. Laws impairing, prohibited 2

Obligations of railroad or other corporations, held or owned by State 5

Offence, No person, for same, to be twice put in jeopardy of life or lib-
erty 2

No person, except in cases specified, tc be held to answer for,

but upon presentiment or indictment 2

Offences, Capital, Persons charged with, when not bailable 2

Jurisdiction of. prohibited to corporation courts 7

Offences, criminal. Proceedings to expel member of General Assembly

for, not to bar indictment and punishment for same offence... 5 36 16

Jurisdiction of corporation courts over 7 43 30

Offences punishable by imprisonment in the Penitentiary— see Felony.
Offer of thing of value, testimonial, privilege or personal advantage, to
influence action of public officer, or the acceptance of such

offer by the officer, constitutes felony 5 S5 16

Offers of bribes. Power of each house of General Assembly to protect its

members against 5 12 11

Office, Religious test never to be required as qualification for 2 26 6

Disqualification for, by reason of willful,and corrupt violation

of election laws 8 6 8

civil. Officers of election ineligible to any (with exceptions

specified) to be filled at any election at which they may serve... 3 10 9

Disqualification for membership of General Assembly, by reason

of holding 5 7 11

of trust or profit. Collectors or holders of public money, their
assistants or deputies, ineligible to, until account and payment

of all sums for which liable 5 8 11

of trust or profit. Conviction, after adoption of Constitution, of
embezzlement of public money, bribery, forgery, or other in-
famous crime, disqualifies for 5 » 11

civil, under the State, No Senator or Representative, during term

for which elected, to be appointed or elected to

of Commissioner of State Lands may be established

of Commissioner of State Lands, Continuance or abolition of...

I



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clxxviii INDEX TO CONSTITUTION.



Sec. Page.



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Office, of Governor, Person holding other office, under authority of
State of Arkansas or United States, except as by the Constitu-
tion provided, not to exercise 6 11

of Governor, Vacancy in, how filled 6 12,15,14

of Governor, how filled in case of concurrent vacancy in Govern-
orship and Presidency of Senate, or absence of both officers
from State 6 13

of Governor, how filled in case of vacancy not happening within
twelve months next before expiration of term of office for
which he shall have been elected 6 14

Treasurer, Secretary, and Auditor, of State, and Attorney-
General, to hold no other. State, United States, or otherwise,
at one and same time

of Treasurer, Secretary, or Auditor, of State, Case of vacancy
in

Vacancy in, in case no mode is provided, by Constitution and
. laws, for filling the same, to be filled by appointment of Gov-
ernor

Judges of Supreme Court to hold no other

Judges of Circuit Courts to hold no other

of State Geologist, may be created, under conditions specified

Removal from, and disqualification for, the penalty in cases of
impeachment

Officers of State, and members or officers of General Assembly,
misusing public moneys, disqualified from holding, for five
years

civil. Disqualification of atheists for

Disqualification for, of duelists and their abettors

Qualifications of elector requisite to the holding of.

Place of, of district, county, and township, to be such as desig-
nated bylaw 19 4 56

State, General Assembly not empowered to create any perma-
nent, unless expressly provided for by this Constitution -19 9 56

Office, Term of- see Term of office.

Removal from— see Removal.
Q^ces disqualifying holder for service as officer of election 3 10 8

subordinate, municipal or local. Officers of election eligible to.
at election at which they may serve 3 10 9

[as places of official businessj of officers of Executive Depart-
ment, to be kept at seat of government 6 1 16

Special elections to fill vacancies in 7 50 31

County, township, or municipal. Appeal in; contested elections
for 7 52 32

Plurality of, except as expressly directed or permitted by Con-
stitution, prohibited 19 6 56

Officers :
1. Provisions applicable' to all public officers:
Officers holding lucrative office under the United States or State, with
exceptions Specified, ineligible to seat in either house of Gen-
eral Assembly 5 7 11

Extra compensation to, after the service shall have been ren-
dered, prohibited, unless allowed by bill passed by two-thirds
of members elected to each branch of General Assembly

Offer to, or acceptance by, of consideration, to influence public
action of, constitutes felony

under authority of State of Arkansas not to exercise office of
Governor, except as in the Constitution provided

General Assembly to fix salaries and fees of

Salaries and fees of, not to be paid at other than par value

must possess qualifications of electors

to continue in office, after expiration of their official terms,
until their successors are elected and qualified

General Assembly to regulate deductions from salaries of, for
neglect of duty

Oath of office of. „.

State, county, city, or town, not to receive, directly or indi-
rectly, for salaries, fees, and perquisites, more than five thou-
sand dollars, net profit, per annum, in par funds



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INDEX TO CONSTITUTION. clxxix

Art. Seg. Page.

2. Provisions applying to particular classes of public officers :
Officers (except Constables) provided for in Art. VII of Constitution,
[i. e., judicial oflScers, officers of courts, and county officers],
to be commissioned by Governor

to be commissioned by Governor, Returns of election of

Appointment of, by Governor, to fill vacancies occurring within
specified periods preceding next general election

civil, for State at large, to reside within the State

of State government, not to be interested in contracts for sta-
tionery, paper, fuel, printing, binding, or distribution of doc-
uments, for State government, or repairing and furnishing
halls and rooms of General Assembly

of the State, General Asfesembly to prevent, by law, grant of free

passes to, by railroad or transportation companies

of State, Salaries of during two years from adoption of Con-
stitution

of Executive Department, how chosfcn

of Executive Department, Returns of election of.

of Executive Department, Contested elections for

of Executive Department, how chosen in case of tie

of Executive Department, Governor may require information,
in writing, from, etc

of counties. Election of.

civil, for districts, counties, and townships, to reside within
their respective districts, counties, or townships....

civil, of districts, countieg, and townships. Places of office of...

of political corporations, Power of Supreme Court to issue writs
of quo warranto to

Each house of General Assembly to appoint its own

appointed by General Assembly, or either house thereof, to be

elected viva voce, and vote recorded on journals

See, also

of militia, how appointed

of militia eligible to seats in General Assembly

of militia, and of public schools, and Notaries, eligible to execu-
tive or judicial office

of public schools, eligible to seats in General Assembly

to supervise public schools and execute laws regulating them,
General Assembly to provide for

of election, to number every ballot,and record number opposite
name of elector presenting

of election, to be sworn to secrecy, unless in cases specified

of elections. Disqualifications for service as

of election, ineligible to any civil office (with exceptions speci-
fied), to be filled at an election at which they may serve

of election. Votes unlawfully excluded by, to be counted upon
trial of contest

returning officers of elections for officers of Executive Depart-
ment, Duty of.

of United States, not to exercise office of Governor

State, county, and township. First election for

State, chosen at first election. Return and announcement of.

chosen at first election, to be commissioned by Governor

except of Executive Department of the State, chosen at first
election, when to enter upon discharge of duties of their
offices ■

chosen at election under Schedule, Term of office of.

in position at date of ratification of Constitution, to vacate office
on qualification of successors

whose offices not abolished by Constitution, to continuOj in office

until election and qualification of successors

But see State Officers, General Assembly, under sub-heads of
"'Presiding Officers," and "Officers other than presiding ,"
Judges, Courts, County Officers, Township officers. Compensa-
tion, etc., and for each office, under the appropriate head.
Officers of canal companies— sue Canal companies.
Officer* of railroad companies— see Railroad eompanies.
Officers of turnpike companies— see Turnpike companies.

Opening of votes for officers of Executive Department 6 3 17

C>p»mo7», Right to free communication of. 2 6 3



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clxxx INDEX TO CONSTITUTION.



Orders, requiring concurrence of both houses of General Assembly, ex-
cept on questions of adjournment, to be presented to Governor,

and, before taking effect, to be approved by him

requiring concurrence of both houses of General Assembly,
except on question of adjournment, if disapproved by Gov-
ernor, to be repassed by both houses, as in case of bill

of counties, towns, and cities, receivable for taxes thereof, res-
pectively

Ordinary expenses of State government to be provided for in general ap-
propriation bill

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

Overt act'xD. case of treason



Paper for use of State government, to be furnished by lowest responsible
bidder, below maximum price, under regulations to be pre-
scribed by law

for useof State government. No member or oflBcer of government

to be interested in contract for

[in nature of bills of credit] Acts authorizing issue of, to circu-
late as money, prohibited

Papers, security of, against unre isonable searches and seizures. Right

to :..

oflScial, to be turned over to ofl&cers chosen at first election

Parallel lines of railroads or canals

Pardons, Governor to have power, except in cases of treason and im-

peiichment, to grant, after conviction

in cases of treason. Governor may grant by and with advice

and consent of Seaate

Each case of, to be communicated, by Governor, to General
Assembly, with his reasons therefor, and prescribed state-
ment of particulars

Parliamentary law and practice— see under principal head of
General Assembly, and, throughout the digest under that
title, the sub-heads "/n matter of procedure "

Parliamentary privilege

Parties in civil actions. Competency of, as witnesses

Passage, of bills

over veto, of bills disapproved by Governor

over veto, of joint and concurrent orders or resolutions

See, also, under Genebal Assembly, principal head, the
sub-head of Vetoes.
over veto, of items, disapproved by Governor, in bills making

appropriations

Passage, Free, grant of, by railroad or transportation companies to officers

of the State, General Assembly to prevent by law

Paupers County Courts to have exclusive ori; inal jurisdiction in all mat-
ters relating to

Contracts for care and keeping of, where there are no alms-



Aet.



Pay — see Compensation

Payment of all public money to be rendered by collectors, holders, etc.,
before they shall become eligible to General Assembly, or

office of trust or profit

of money on claims the subject-matter of which shall not have
been provided for by existing laws, prohibited, unless allowed
by bill passed, by two-thirds of members elected to each

branch of General Asiembly

of all just and legal debts of the State, General Assembly, from

time to time, to provide for

of public moneys. Publication of.

Payments from the treasury to be made only in pursuance of specific ap-
propriation, by law, made in manner specified

Peace, Judges of Supreme Court to be conservators of throughout the

State

Circuit Judges to be conservators of, within circuit for which
elected





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INDEX TO CONSTITUTION. clxxxi

Art. Sec. Page.
Justices of the Peace to be conservators of, within their respec-
tive countio? 7 40 29

Justicbs of the Peace to have power to bind persons to keep 7 40 29

Peace, Breach of the. Case of, constitutes exception to elector's privilege

of freedom from arret>t 3 4 8

Case of, or of surety of the peace, constitutes exception to Se i-
ators' and Representatives' privilege of freedom from ar-
rest

Case of, Privilege of volunteers and militia from arrest, at mus-
ters, etc., not to extend to

Peace, public, Power of (lovernor to call out volunteers or militia to

preserve

Peace, time of. Standing army not to be maintained in

Quartering of soldiers in

Peay, Gordon N., a member of State Board of Supervisors of Election

under Schedule

Peddlers, General Assembly may tax

Peers, Judgment of.

Penal cases— see Prosecutions, Criminal, and Crime.
Penal prosecutions— see Prosecutions, Criminal.

Penal purposes. Corporations for

Penalties upon members of General Assembly, for absence. Each house

may provide, and number less than quorum enforce

in cases of impeachment

to be provided for abuses, unjust discrimination, and excessive

charges, by railroad, canal, and turnpike companies

to be provided fir failure of railroad companies to make annual

report to Auditor of Public Accounts

in cases of dueling

for sale or gift of intoxicating liquors during day or night of

election under Schedule

of malfeasance of officers of election under Schedule

But see, also, Punishment.
People of the State of Arkansas, Constitution or .ained and established
bv the, to perpetuate civil and religious liberty, and secure

the same to themselves and their posterity

all political power inherent in the

Government instituted for the protection, security and benefit

of the

Right of, to abolish, alter, or reform, their government,

in such manner as they may think proper

Submission of proposed amendments to the Constitution, to

the

Submission of the Constitution to the, for ratification

Certain rights retained by the, and not enumerated in Declara-
tion of Rights 2 29 7

For further references to the rights and liberties of the peo-
ple, see under head of the particular subject.

Per d!crii—see Compensation 5 16 12

Perjury in trials of contested elections, and proceedings for investigation
of elections. Witnesses' own testimony may be used against

him in prosecutions for 3 9 8

Perpe<«i(tVs declared contrary to genius of a republic, and prohibited 2 19 5

Personal advantage, OSer, gift, or promise, of, to public officer 5 35 16

Personal liberty— see Liberty.

Perquisites— see Fees.

Separate County Clerks — see Clerks, County.

PersoM, Right to remedy for injuries to

Security of, against unreasonable searches and seizures. Right

to

Taking or imprisonment of, except by judgment of peers or

law of the land, prohibited 2 21 5

Right of action or injuries to 5 32 15

damages to, Railroads to be responsible for 17 12 50

Persons of unsound mind. Courts of Probate to have exclusive original
jurisdiction as may be prescribed Dy law, in matters relative

to

Personal property, suits for recovery of. Jurisdiction of Justices of the
Peace in ,



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clxxxii INDEX TO CONSTITUTION.



i^ertonoZ propert]/, damage to. Jurisdiction of Justices of the Peace in

matters of.

Exemption of, from seizure for debt by contract:

of residents, notheads of families

of residents, heads of families

Separate, of femene covert

Rolling stock and all other movable property of railroadcom-

panies to be considered and treated as

Perqiusites, State ofiScers (Prosecuting Attorneys excepted) not to receive

to their own use

of public oflScers, not to exceed five thousand dollars, net profit,

per annum, in par funds

Petition, right of.

Placeof office, of district, county, and township officers, to besach as des-
ignated by law

Plurality of offices, except as expressly directed or permitted by Constitu-
tion prohibited

Police courts— see Courts, Corporation.

Political corporations- see Corporations, and Municipal corporations.

Political power. All, inherent in the people 2 12

PoM-5oofc« for election under Schedule Sc 9 62

PoW-tax of one dollar, for school purposes, prescribed 14 3 44

Poii« at election under Schedule Sc 16 64

Pope and Johnson counties. Line between 13 1 43

Pope couM«i/, General provisions of Art. XIII, Sec. 1, not to apply to 13 1 43

Popuiation of State when amounting to one million, General Assembly

may increase number of Judges of Supreme Court to five 7 3 22

Postertti/, Security to, of blessings of liberty, one of the objects of the

Constitution

Postmasters eligible to seat in General Assembly

Po8fponemen« of obligations or liabilities of corporations, held or owned

by State prohibited

Power, All political inherent in the people

of taxation. State's, may be delegated to political and muni-
cipal corporations, to extent specified

Military or civil, never to interfere to prevent free exercise of

right o' suffrage

Military, at all times to be in strict subordination to the civil..

Legislative, vested in General Assembly


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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 20 of 25)