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of county and township officers by Circuit Courts 7

of State Geologist from office 10

from office, a punishment in cases of impeachment 15

of State officers, on address of General Assembly 15

of members of State Board of Supervisors of Election under

Schedule So

Repairing of rooms used for meeting of General Assembly and its com-
mittees, to be performed under contract, to be given to lowest
responsible bidder, below maximum price, under regulations

to be prescribed by law 19

Replevin, Jurisdiction of Justices of the Peace in 7

Report, Annual, of railroad companies, to Auditor of Public Accounts 17

Reports from officers of Executive Department, Governor may require 6

of departments. Printing, binding, and distributing of, to be
performed under contract to be given to lowest responsible
bidder, below maximum price, under regulations to be pre-
scribed by law 19

Reports to General Assembly— see General Assembly, under sub-head of
Reports to.

Reporter of Supreme Court 7

Representation in the House of Representatives 8

in the Senate 8

Representative capacity. All elections by persons acting in, to be viva

voce 3

Representative in Congress not to exercise office of Governor 6

Representatives, Classes disqualified to serve as 5,-19

how chosen 5

Term of office of 5

Qualifications of 5

Election of, to fill vacancies 5

during term for which elected, not to be appointed or elected to

any civil office under the State 5

qualifications, returns, and elections, of. House of Representa-
tives to be sole judge of. 5

punishable, by House, for contempt or disorderly bthavior in

its presence 5

Power of House to protect, against violence, offers of bribes, or

private solicitations 5

Expulsion of 5

expelled for corruption, ineligible to either house 5

punished, by House, for contempt or disorderly behavior, may

nevertheless be indicted therefor 5

Privilege of, of freedom from arrest 5

Privilege of, of freedom of speech and debate 5

Term of, to begin on day of their election 5

not to receive increase of pay during term for which elected,

under any law passed during such term 5,19

Per diem pay, and mileage, of. 5,19.So

Apportionment of 8

Apportionment of, to be made only at first regular session after

each census 8

not to be interested in contracts for stationery, paper, fuel,
printing, binding, or distribution of documents, for Stat©
government, or repairing or furnishing halls and rooms of

General Assembly „.. 19

Oath of office of. 19

First election. for Sc

Grant of free passes to, by any railroad or transportation com-
pany, to be prevented by law 17



7


23


1


32


2


35


12


9


11


18


7.8,9-1


11,55


2


10


2


10


4


10


6


10


10


11


11


11


12


11


12


11


12,36


11,16


12


12


12


12


15


12


15


12


16


12


16,11


12,57


16,11.28


12,57,67


1


32



15


57


20


58


3


61



cxc INDEX TO CONSTITUTION.

Art. Sec. Page

First election of. Sc 19 6

chosen at firsteleetion. Certificates of election of. Sc 19 65

Salary and mileage of, during two years from adoption of Con-
stitution Sc 28 67

^epresentattce*, //oMse oA a constituent part of General Assembly 5 1 10

how constituted 5 2 10

Term of office of members of. 5 2 10

Election of members of. 5 2 10

Qualifications of members of 5 4 10

Disqualifications for membership of 5,-19 7,8,9,12—1 11.55

Vacancies in 5 6 10

No member of, during term for which elected, to be appointed

or elected to any civil office under the State 5 10 11

to appoint its own officers 5 11 11

to be sole judge of qualifications, returns, and^ielections, of its

own members 5 11 11

Quorum of. 5 11 11

Powers of members less in number than quorum of 5 11 11

Power of, to determine rules of its proceedings 5 12 11

Power of, to punish for contempt or disorderly behavior in its

presence 5 12 11

Power of, to enforce obedience to its process 5 12 11

Expulsion of members of 5 12 11

Member of, expelled for corruption, ineligible to either house... 5 12 12
Punishment by, for contempt or disorderly behavior, no bar to

indictment for same offence 5 12 12

to keep journal of its proceedings 5 12 12

to publish journal, except such parts as ^require secrecy 5 12 12

to cause yeas and nayslto be entered on journal, at desire of five

members 5 12 12

Publicitylor secrecy of sessions of. 12 12

Joint or concurrent vote of both houses, on appointment of

officers, to be entered on journal of. 14 12

Members' privilege, of freedom from arrest 5 15 12

Members' privilege of, freedom of speech and debate 5 15 12

Term of members of, to begin on day of their election 5 16 12

Elections of presiding officer of 5 18 1

Presiding officer of, to be styled Speaker of the House.of Repre-
sentatives 5 18 13

Per diem pay, and mileage, of members of 5, 19 Sc 16,11,28 12,57,67

No member of, to receive increase or pay during term for which

elected, under any law passed during such term 5.19 16,11 12,57

Alteration or amendment of bills, on passage through, not to

be such as to change their original purpose 5 23 13

Reading of bills in 5 22 11

Requirements for valid final passage of bills in 5 22 13

not to adjourn for more than three days, without consent of

Senate 5 28 15

not to adjourn, without consent of Senate, to any other place

than that in which the two houses shall be sitting 5 28 15

No new bill to be introduced into, during last three days of ses-
sion 5 34 16

Proceedings to expel member of, for criminal offence, not to bar

indictment and punishment for same offence 5 36 16

Speaker of, to receive, open, and publish in presence of both
houses, the votes «ast for officers of Executive Depart-
ment 6 3 16

Governor to return to, with his objections, bills originating in,

and by him disapproved 6 15 19

Proceedings in, upon bills returned, disapproved, by Gover-
nor 6 15 19

to enter at large, upon its journals. Governor's objections to

bills originating in, and by him disapproved 6 15 19

Governor to return to, with his objections, joint and concur-
rent orders or resolutions, originating in, and by him disap-
proved 6 16 20

how constituted 8 1 32

Elections in, to be viva voce 3,5 12,14 9,12

Manner of filling vacancies in 5 6 10



INDEX TO CONSTITUTION.



Sec.


Page.


n


57


20
1.4

1
2


21

32,33,37
45
45


3


4G


7


50


15
10


57
56


15
20
22

3. IG.

17, 19


57

58

59

61,64,05


.17,19


64,66


17


65



17



65



16,11,28 12,57,07



Art.
Representatives, House of: No increase of salaries of members to be made,

to take effect before meeting of next General Assembly 19

Case of disagreement between, and Senate, with respect to time

of adjournment 6

Apportionment of Representatives 8

What oflBcers subject to impeachment 15

to have the sole power of impeachment 15

Penalty upon members or officers of, making profit out of public

moneys 16

Grant of free passes by railroad or transportation companies,

to members of, to be prevented by law 17

Prohibition of interest, on the part of members, in contracts for

stationery, printing, paper, fuel, for use of any department of

government, or for repairing or furnishing the halls and

rooms used for meetings of the General Assembly 19

Returns for members of. 19

Stationery. printing,paper, fuel, and repairing and furnishing of

halls and rooms for 19

Oath of office of members 19

Procedure in matter of amendments to Constitution 19

First election of members of, after adoption of Constitution Sc

Returns and certificates of first election for members of, after
adoption of Constitution Sc

Certificate of State Board of Supervisors of election under
Schedule, to be made to the Speaker of Sc

Announcement.by Speaker, of result of Election under Schedule,
for Executive officers of State Sc

Pay and mileage of members 5,19, Sc

See, also. General Assembly, under each principal head,
sub-head of Senate, sub-he.ad of House of Representatives,
Representatives, House of, /Speaker of—see Speaker.
Reprieve, Governor, except in cases of treason and impeachment, to have

power to grant, after conviction 6

in cases of treason. Governor's power to grant 6'

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

Repuhlic, genius of a. Perpetuities and monopolies declared contrary

to 2

Reputation, Right of acquiring, possessing, and protecting, inherent

and inalienable 2

Residence, Length of, required as qualification of voter 3.

Soldiers, sailors, and marines, of the U. S., not to acquire by
reason of being stationed in the State 3

Length of, required as qualification for office of Senator 5

Length of, required as qualification for office of Representa-
tive 5

Length of, required as qualification for office of Governor 6

Length of, required as qualification for office of Judge of
Supreme Court 7

Length of, required aa qualification for office of Judge of
Circuit Courts 7

Length of, required as qualification for office of Prosecuting
Attorney 7

Length of, required as qualification for office of Judge of Coun-
ty Court 7

Length of, required as qualification for office of Justice of the
Peace 7

of State, district, county, and township, civil officers, to be
within the limits of their respective jurisdictions 19

Absence on business of descriptions specified, to cause no for-
feiture of 19

Length of, required of sureties upon official bonds of State and

county officers 19

Resident alien*. Distinctions of law between, and citizens, in matters of

property, forever prohibited 2

Residents of counties, cities, or towns. Right of, to' appeal from allow-
ances made for or against the same 7

20



18


20


18


20


18


20


19


5


2


2


1


7


7


8


4


10


4


10


5


17


G


23


16


25


24


26


29


27


41


30


4


56


7


56


21


59


20


5


51


32



INDEX TO CONSTITUTION.





37


1


40


12, 13. 14


18


13


IS


7


62



Art. Sec, Page.

Residents of the State, privileged in matter of exemption of personal

property from seizure for debt 9

of the State, with exceptions stated, to compose the militia 11

Resignation of Governor, Office how filled in case of 6

of President of Senate, during vacancy in office of Governor,

Governorship how filled in case of. 6

of members of State Board of Supervisors of Election under

Schedule Sc

Resolutions requiring concurrence of both houses of General Assembly,
except on questions of adjournment, to be presented to Gov-

nor, and. before taking efiFect, to be approved by him 6 16 20

requiringconcurrenceof both houses of General Assembly, ex-
cept on questions of adjournment, if disapproved by Gover-
nor, to be repassed by both houses, as in case of bill 6 16 20

Mespite of sentence in cases of treason. Power of Governor to grant, in

recess of Senate 6 18 20

iZetuni of bills disapproved by Governor 6 15 19

by Governor, of joint and concurrent orders or resolutions, dis-
approved, to be made as in case of bills 6 16 20

by Governor, of items, disapproved, of bills making appropri-

tions 6 17 20

Returning officers of elections for officers of Executive Department,

Duty of. 6 3 16

Returns of election failing to record vote or ballot of qualified elector,
such vote or ballot nevertheless to be counted upon trial of

contest 3 11 9

Each house of General Assembly to be sole judge of. of its

own members

for officers of Executive Department

to fill vacancy in office of Governor

for officers to be commissioned by the Governor, and members

of the General Assembly

under Schedule

Revenue, Publication of receipts and expenditures of.

See, also. Taxes and Taxation, etc., etc.
Review of order of County Judge for issue of provisional writ in case of

absence of Circuit Judge

Revision of the laws of the State

Revival of laws, not to be by reference to title only, but by re-enact-
ment, and publication, at length, of portions revived

Right of the people to alter, abolish, or reform, government, in such
manner as they may think proper

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

of peaceable assembly, to consult for the common good

of petition, by address or remonstrance

to keep and bear arms, for the common defence

of free press

to free communication of thoughts and opinions

of trial by jury

to due process of law

of life, liberty, and property. Security for

to bail

of accused, to speedy and public trial by jury

of accused, to change of venue

of accused, to information of nature and cause of accusation

of accused, to copy of information

of accused, to be confronted with witnesses against him

of accused, to compulsory process for obtaining witnesses in his
favor

of accused, to be heard by himself and his counsel

to a certain remedy, in the laws, for injuries and wron s, to
person, property, or character

to obtain justice, freely, completely, and properly, confirma-
bly to the laws

to security against unreasonable searches and seizures

of property, before, and higher than, any constitutional sanc-
tion

of compensation for property taken or damaged for public
use

of eminent domain



5


11


11


6


3


16


6


14


19


19


10


56


Sc


16, 17, 64,
18, 19


65, 66


19


12


57


7


37


29


19


17


58


5


23


14


2


1


2


2


3


2


2


4


3


2


4


3


2


5


3


2


6


3


2


6


3


2


7


3


2


8


3


2


8




2


8




2


10




2


10




2


10




2


10




2


10




2


10




2


10




2


13




2


13




2


15


5


2


22


6


22


22


23


'i,n


23,9


0,£0



s.



Art.


Skc,


Page.


2


23


6


2


24


6


2


24


6


3


1


7


3


5,6.7


8



17


9


50


5


32


15


12


9


42


2




2



INDEX TO CONSTITUTION. cxciii



Bight of taxation

of religious liberty

of conscience

of suflfrage, Conditions of exercise of— general rule

of suflfrage, Exceptions to general rule respecting exercise of

of suflfrage, No power, civil or military, ever to interfere to pre-
vent free exercise of.

of suflfrage, not to depend upon any previous registration of the

elector's name

of suflfrage, not to be impaired or forfeited, except for the com-
mission of a felony at common law, upon lawful conviction

thereof. .'

of suflfrage— See, further. Art 111, passim, and entries under
Elections.

to construct and operate railroads

of railroad companies, to intersect, connect with, orcross, oth-
er roads

State's, of eminent domain, over property and franchise of in-
corporated companies

Rightof action for injuries to person orproperty, or resulting in death...

jBtffAe o/ way appropriated to use of corporations. Compensation for

Bights, Declaration of

Declaration of. Enumeration in, of rights, not to be construed

to deny or disparage others retained by the people 2 29 7

Declaration of. Everything contained in, excepted out of the
general powers of the government, and forever to remain in-
violate 2 29 7

Declaration of. All laws contrary to provisions of, to be void 2 29 7

Inherent and inalienable, of all men 2 2,24 2,6

Inherent and inalienable, of men, Governments instituted for

security of. 2 2 2

of accused, in criminal prosecutions for libel 2 6 3

of accused, in criminal prosecutions generally 2 8,9.10 3,4

Natural and indefeasible, of all men, in matters of religion and

conscience r. 2 24 6

Biot, Power of Governor to call out volunteers or militia to repress 11 4 40

Beads, Vacating of, not to be effected by special law 5 24 14

County courts to have exclusive original jurisdiction in all

matters relating to 7 28 27

Boiling stock of railroads, to be considered and treated as personal prop-
erty «. 17 11 50

Booms used for committees of General Assembly, Repairing and furnish-
ing 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

-Bte^sof proceedings, Each house of General Assembly may determine

its own 5 12 11

Suspension of, to enable bill to be read more than onceon same
day 5 22 13



19


16. 11


16


4


16


4



Salaries [ General provisions regarding ;]

of members of General Assembly. General Assembly to pro-
vide no increase of, to take effect before meeting of next

legislature 5. 19 16. 11 12,5

of oflBcersin the State, General Assembly to fix

not to be paid at rate other than par value

of clerks and employes of departments of State, to be fixed by

law

of public oflScers, General Assembly to regulate deductions

from, for neglect of duty

of State officers, not to be increased or diminished during their

respective terms of oflfice

fees, and perquisites of State, county, city, and town oflScers.

not to exceed five thousand dollars, net profit, per annum in

par funds

For all other provisions regarding salaries, see Compensa-
tion,



INDEX TO CONSTITUTION.



14


3


44


14


3


44


14


3


45


14


3


45



Art. Sec. Paqb.

iSa/cfj/, public, Suspension of habeas corpus for, in certain cases 2 11 4

Sailors in service of U, S. not to acquire residence by being stationed

in the State 3 7 8

Schedule Sc . . 60

Election held under provisions of — see Election under
Schedule.

School apparatus, exempt from taxation 16 5 47

School buildings, Qxemx>t from taxation 16 5 47

School-districts maybe authorized, by vote of the electors of the district,

to levy limited school-tax 14 co 44

See a^chool tax, below^
School fund. Money or property belonging to, not to be used for other than

its proper purpose 14 2 44

School tax, State, not to exceed two mills per dollar, annually, on tax-
able property of the State

by the poll, prescribed

General Assembly may authorize school district, by a vote of

the qualified electors of the district, to levy

of districts, not to exceed five mills per dollar, annually

of districts, to be appropriated only to its proper purpose, in

the district where levied

Schools, free. The State ever to maintain a general, suitable, and effi-
cient system of

public. Supervision and execution of laws regulating, to be

vested as may be provided by General Assembly

free. Whom to receive gratuitous instruction in

General Assembly to provide, by general laAVs,for support of, by

taxes specified

Poll-tax, for support of.

Levy of State tax, and appropriations of money, to sustain,
constitute exceptions to rule requiring majority of two-thirds

of both houses of General Assembly

public. Officers of, eligible to seats in General Assembly

Officers of, eligible to executive-or judicial office

Libraries and grounds used exclusively for purposes of, exempt

from taxation

See, also. Superintendent of Public Instruction, Universities,
and the entries immediately above.

Scrip, Interest-bearing, State never to issue

Seal of the State

to be called the "Great Seal of the State of Arkansas"

to be kept by the Governor, and used by him officially

to be affixed to grants and commissions

Scaled instruments, concerning contracts between individuals, executed

since adoption of Constitution of 1868, llule respecting

Searches, unreasonable. Right to security against

Scat of Government to be and remain at Little Rock

General Assembly to meet at

Sessions at place other than f 5,

Officers of Executive Department to keep their offices, in per-
son, at

Terms of Supreme Court to be held at

Sebastian County may have two districts, and two county seats, at which
County, Probate, and Circuit Courts may be held (each dis-
trict paying its own expenses)

Secrecy of the ballot

Parts o( journals of two houses of General Assembly, requir-
ing, need not be published

Secret sessions of Senate and House of Representatives

Secretary of State, an officer of Executive Department

how chosen

Returns of election of.

Case of tie in elections for

Contested elections for

Term of office of.

Salary of, etc 19,

Salary of, during two years from adoption of Constitution

Vacancy in office of.

liable to iiupeachment



14


4


45


14


1


44


14


3


44


14


3


44


5


31


15


.5


7


11


19


26


60



16


1


46


19


25


60


6


9


18


6


9


18


6


10


18


Sc


1


60


2


15


5


1




2


5


5


10


-6 28.


-19,20 15,


-20,21


6


1


16


7


8


23


13


5


44


3


3


8


5


12


12


5


13


12


6


1


16


6


3


16


6


3


16


6


3


17


6


4


17


6


1


16


Sc


11, 28


56. 67


Sc


28


67


6


22


21


15


1


45



INDEX TO CONSTITUTION.



Art.


Skc.


Pagk.


15


3


45


6


1


16


5


7


11


6


22


21


6


22


21


6


21


21


6


10


18



Secretary of State, how removable upon address

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

ineligible to seat in either house of General Assembly

to hold no office or commission, civil or military, in this, or
under any. State, or the U. S., or any other power, atone
and the same time ,

to perform such duties as may be prescribed by law

to keep full and accurate record of all official acts and pro-
ceedings of the Governor .,

to attest all grants and commissions

to discharge duties of Superintendent of Public Instruction,
until otherwise provided by law

to lay before either branch of the General Assembly, when re-
quired, all official acts and proceedings of the Governor, with
all papers, minutes, and vouchers, relating thereto

a member of Board of Canvassers of returns of election to fill
vacancy in office of Governor

Returns of elections for officers to be commissioned by the Gov-
ernor, and for members of General Assembly (except as
otherwise provided by Constitution), to be made to

Bills disapproved by Governor, return of which has been pre-
vented by adjournment of General Assembly, to be filed, with
objections, in office of

Abstract of votes east at election under Schedule, to be filed in
office of.

First election for

chosen at first election. Return and announcement of elec-
tion of.

first elected, when to enter upon discharge of his duties

Security of the people one of the objects of the institution of govern-
ment

of life, liberty, property, reputation, and the pursuit of happi-
ness. Governments instituted for

for life, liberty, and property

against unreasonable searches and seizures*. Right to

Seizures, unreasonable, Right to security against

Seizure for debt— see Exemptions.
Senate a constituent part of General Assembly

how constituted

Term of office of members of.

Election of members of.

Classification of members of, at first session, into those hold-
ing their places for two and four years, respectively

Qualifications of members of......

Disqualifications for membership of.

Vacancies in

No member of, during term for which elected, to be appointed
or elected to any civil office under the State

to appoint its own officers

to be sole judge of qualifications, returns, and elections, of its
own members

Quorum of.

Powers of members less in number than quorum of

Power of, to determine rules of its proceedings

Power of, to punish for contempt or disorderly behavior in its
presence

Power of, to enforce obedience to its process

Expulsion of members of

Member of, expelled for corruption, ineligible to either



Punishment by, for contempt, or disorderly behavior, no bar
to indictment for same offence

to keep journal of its proceedings

to publish journal, except such parts as require secrecy

to cause yeas and nays to be entered on journal, at desire of
five members

Publicity or secrecy of sessions of.

Joint or concurrent vote of both houses, on appointment of of-
ficers, to be entered on journal of.

Vote of, on appointment of ofiicers, to be viva voce, and entered
on journal i



So


17


64


So


3


61


So


17


64


Sc


17


65


2


1


2


2


2


2


2


8


3


2


15


5


2


15


5


5


1


10


5


3


10


5


3


10


5


3


10


5


3


10


5


4


10


5,-19 7,8,9,12,-1


11,55


5


6


10


5



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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 22 of 25)