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cxcvi INDEX TO CONSTITUTION.

Art.
Senate, Members' privilege of freedom from arrest 5

Members' privilege of freedom of speech and debate. 5

Term of all members of, to begin on day of their election 5

Elections of presiding officer of 5

Presiding officer of, to be styled President of the Senate 5

Per diem pay, and mileage, of members of. 5,19,Sc

No member of, to receive increase of pay during term for
which elected, under any law passed during such term 5,19

Alteration or amendment of bills, on passage through, not to be
such as to change their original purpose 5

Requirements in order to valid final passage of bills in 5

Reading of bills in 5

not to adjourn, for more than three days, without consent of
House of Representatives 5

not to adjourn without consent of House of Representatives,
to any other place than that in which the two houses shall be
sitting 5

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

Proceedings to expel member of, for criminal oflfenco, not to
bar indictment and punishment for same offence 5

Governor to return to, with his objections, bills originating in,
and by him disapproved 6

to enter at large, upon its journal. Governor's objections to
bills originating in, and by him disapproved 6

Proceedings in, upon bills returned, disapproved, by Governor 6

Governor to return to, with his objections, joint and concurrent
orders or resolutions, originating in, and by him disapprov-
ed 6 16 20

Proceedings in, in case of disapproval and return of joint and
concurrent orders or resolutions, to be as prescribed in case of
bills 6 16 20

Governor to return to, as prescribed in case of other bills vetoed,
items, disapproved, of appropriation bills originating in 6 17 20

Proceedings in, in case of disapproval and return ®f items
of appropriation bills, to be as prescribed in case of other
bills 6 17 20

Advice and consent of, requisite to Governor's grant of pardon,
in cases of treason, and, with exception stated, to his grant
of respite of sentence in such cases 6 18 20

Vote of two-thirds of all members elected to. requisite to con-
tinuance of session after disposal of business set forth in Gov-
ernor's proclamation calling extraordinary session 6 19 21

Record of official acts and proceedings of Governor, with all pa-
pers, minutes, and vouchers, relating thereto, to be laid be-
fore, by Secretary of State, when so required 6

Basis of representation in 8

Advice and consent of, in matter of reprieve or pardon in cases
of treason 6

Case of disagreement between, and House of Representatives,
with respect to time of adjournment 6

Arrangement of Senatorial Districts, until the enumeration of
the inhabitants shall have been taken by U. S. government,

A. D, 1880 8

[For table showing apportionment of Counties and Senatorial Dis-
tricts as prescribed untU other icise provided by General Assembly,
see at close of index.]

Division of State into Senatorial Districts, how made 8

not to consist of less than thirty, nor more than thirty-five
members 8

Senatorial Districts, at all times, to consist of contiguous terri-
tory 8

No county to be divided, in formation of Senatorial Districts 8

Division of State into Senatorial Districts, when, hereafter, to be
made 8

Advice and consent of, in matter of appointment of State
Geologist 10

Procedure in cases of impeachment 15

Penalty upon members or officers of, making profit out of pub-
lic moneys, etc ,.,. 16



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INDEX TO CONSTITUTION.



Art.



Sec.



Pagk.



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Senate, Gra,nt'.o{ free passes, by any railroad or transportation compa-
ny, to members of, to be prevented by law 17

Returns for members of 19

No increase of salaries of members to be provided for. to take
effect before next General Assembly 19

Stationery, printing, paper, fuel, and repairing and furnish-
ing of halls and rooms for 19

Prohibition of interest, on the part of members, in contracts
for stationery, printing, paper, fuel, for use of any depart-
ment of government, or for repairing or furnishing halls and
rooms used for meetings of the General Assembly 19

Members of, before entering on duties, to take and subscribe to
oath or affirmation prescribed 19

Oath of office of members 19

Procedure in matter of amendments to Constitution 19

First election of members, after adoption of Constitution Sc

Returns and certificates of first election for members of, after

adoption of Constitution Sc 3,16,17,19 61.64.65

See. also. General Assembly, under each principal head,
sub-head of Senate.
Senate, President o/— see President of Senate.

Senator of United States not to exercise office of Governor 6

Senatorial Districts -see Districts, Senatorial.

Senators, how chosen 5

Term of office of 5

Classification of. at first session, into those holding seats for

two and four years, respectively 5

Qualifications of. 5

Classes disqualified to serve as— see General Assembly, sub-
head Qualifications of members, special paging (2.)

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

qualifi^cations, returns, and elections, of. Senate to be sole

judge of 5

punishable, by the Senate, for contempt or disorderly behavior

in its presence 5

Power of Senate to protect, against violence, oflfers of bribes, or

private solicitations 5

Expulsion of 5

expelled for corruption, ineligible to either house 5

punished, by Senate, 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

Penalty upon, for making profit out of public moneys, etc 16

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

Returns for, to whom made 19

not to be interested in contracts for stationery, paper, fuel,

printing, binding, or distribution of documents, for State

government, or repairing or furnishing halls or rooms for

use of General Aseembly —— 19

Oath of office of. 19

Firstelection for. after adoption of Constitution Sc

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

chosen at first election. Returns and certificates of election of... Sc
Session, First, of General Assembly, under this Constitution, may ex-
ceed sixty days in duration 5

first, of General Assembly, Time of meeting of. Sc



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cxcviii INDEX TO CONSTITUTION.



Sessions, Regular, of General Assembly, when and where held

of each house of General Assembly, and of committees of the
whole, to be open, unless when business is such as ought

to be kept secret

regular biennial, of General Assembly, Duration of

of General Assembly, Adjournments of.

Extraordinary, of General Assembly

of General Assembly, at place other than seat of government...

/Sentence, commutations of. Power of Governor to grant

Governor to communicate all pardons, etc., to General Assem-
bly

in cases of treason. Power of Governor to grant respite of, in

recess of Senate

Separate Chancery Court of Pulaski County— 8Q& Court, Pulaski Chan-
cery.
Separate Criminal Courts— see Courts, Separate Criminal.

Service, military. Who subject to

Servitude, Involuntary, except as punishment for crime, prohibited

Setting aside of law or laws of the State, Power of, not to be exercised ex-
cept by General Assembly 2 12 4

Sheriff's ineligible to seat in either house of General Assembly 5 7 11

Election of. 7 46 31

Duties of. 7 46 31

to be ex-officio collector of taxes, unless otherwise provided by 31

law

See, also, officers, and County officers.

Signature of GoyernoT, to bills 6 15 19

of Governor, to joint and concurrent order or resolutions 6 lO 20

of Governor, to parts, by him approved, of bills making ap-
propriations

Sixteenth Section Landi, Proceedings relative to, or to money due there-
for, transferred to counties where lands located

-SZocery prohibited : 2 27 6

Soldiers, Quartering of 2 27 7

/SbWtersof U. S. not to acquire residence by being stationed in the

State

/SoZt€i(atton«, private. Power of each house of General Assembly to pro-
tect its members against 5 12 11

Speaker of the House of Representatives 5 18 ]8

Elections of. 5 13 13

Returns of election of oflBcers of Executive Department to bo

forwarded to

Duty of. in matter of opening and publishing votes cast for

ofiBcers of Executive Department

in case of concurrent vacancy in offices of Governor and Presi-
dent of Senate, or of absence of both officers from State, to
act as Governor in like manner as provided for President of



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to certify (with President of the Senate), to Governor, fact of
disagreement between the two houses of the General Assem-
bly, with respect to time of adjournemnt 6

Abstract of votes, at election under Schedule, for State officers,

to be certified and delivered to Sc

to cast up and announce result of election, under Schedule, for

State officers Sc

Special elections— see under Elections.

Special sessions of General Assembly 6

Specific appropriation, by law, requisite to drawing of money from treas-
ury

Speech, Liberty of. „

freedom of. Privilege of, in General Assembly

Standing army not to be kept in time of peace

State of Arkansas, Boundaries of

Powers of government of, how divided

never to be made defendant in any of her courts.*.

Great seal of the

Division of, into Senatorial districts

not, except as in Constitution otherwise provided, to become
stockholder in, or subscribe to, or be interested in, stock of
any corporation or association



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INDEX TO CONSTITUTION.



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Art. Sec. Page.

SPECIAL LEGISLATION:*

1. Genkral provisions :

No special law to he enacted in any case where a generallaw
can be made applicable 5 25 14

The operation of no general law to be suspended, by the legis-
lature, for the benefit of any particular individual, corpora-
tion, or association

Nor where the courts have jurisdiction to grant the powers, or
the privileges, or the relief, asked for

General Assembly not to grant to any citizen, or class of citi-
zens, privileges or immunities which, upon the same terms,
shall not equally belong to all citizens

Perpetuities and monopolies contrary to the genius of a repub-
lic, and not to be allowed

2. Provisions prohibiting class legislation :

The equality of all persons before th&law, recognized, and ever
to remain inviolate 2 3 2

No citizen ever to be deprived of any right, privilege, or im-
munity, nor exempted from any burden or duty, on ac-
count of race, color, or previous condition 2 3 2

General Assembly not to grant to any citizen, or class of citi-
zens, privileges or immunities which, upon the same terms,

shall not equally belong to all citizens 2 18 5

.. No hereditary emoluments, privileges, or honors, ever to bo

granted or conferred in this State 2 19 5

No distinction ever to be made by law, between resident aliens
and citizens, in regard to the possession, enjoyment, or
descent, of property 2 20 "5

No preference ever to be given, by law, to any religious pstab-
lishment denomination, or mode of worship 2 24 6

No religious test ever to be required of any person as a qualifi-
cation to vote or hold office t 2 26 6

No person to be rendered incompetent t) bo a witness, on ac-
count of his religious belief t 2 26 6

[tBut nothing in the above two clauses is to be construed to
dispense with oaths or aflBrmations 2 26 6

And no person who denies the being of a God shall hold office
in the civil departments ef this State, nor be competent to
testify as a witness in any court] 19 1 55

There shall be no slavery in this State, nor involuntary servi-
tude exceptas a punishment for crime 2 27 6

3. Specific prohibitions of special legislatiom :

General Assembly not to pa^s any local or special law:

1. Changing the venue in criminal cases 5 24 14

*[NoTE.l The manifold restrictions placed upon special legislation, by the Constitution of 1868, gave
rise to an erroneous popular opinion, still somewhat prevalent since the adoption of the present instru-
ment, that aiJ special legislation is prohibited. It may not be improper to suggest a correction of this
error.

As elsewhere remarked, it follows, from the grant, to the General Assembly, of the general legislative
power (Art. V, Sec,l, p. 19), that such power is absolute and unqualified, except as limited, either expressly
or impliedly, by the restrictions of the Constitution of the State, or of that of the United States. The
Legislature, therefore, is clothed with authority to pass any special or local law, in its pleasure, that may
be consistent with the observance of these prohibitions.

The general provisions of the Constitution of Arkansas, in this regard, are given in the 1st set of
entries, under head of Special Legislation, above. Further requisites, in mutter of procedure, are demanded
by the Constitution, in order to the validity of passage of bills of this character. (See under the 4th set of
entries.) The question of compliance, in the enactment of special laws, with the terms of the general
provisions referred to, is in the first instance one for the discretion of the Legislature, and, in the end,
for the decision of the courts. The Constitution, therefore, has set further prohibitions, in some in-
stances specific, in others to be inferred only from the fact of a grant of legislative power being accom-
panied by the qualification, that it may be exercised "by general law." The latter class,— that of pro-
hibitions only implied.— has been indicated, in the Index, above, by the use of the qualifying words,
"(by intendment)." or " (by implication.)" In this regard, as in others, the matter scarcely admits of
.entirely accurate classification.

Many species of special legislation are inhibited by provisions, express or iny>lied, applica-
ble alike to general and to special laws. These, of course, are not here collated. They are to be found,
in the Index, under "Gbnkral Assembly," sub-head of Powers Denied, and in every positive tnact-
ment of the Constitution.

21



ec INDEX TO CONSTITUTION.



Spkcial Legislation (continued.)

2. Changing the names of persons

3. Adopting or legitimating children

4. Granting divorces

5. Vacating roads, streets, or alleys

No bill of attainder, ex post facto law, or law impairing the ob-
ligation of contracts', to be passed

No person to be taken, or imprisoned, or disseized of his estate,
freehold, liberties, or privileges, or outlawed, or in any man-
ner destroyed, or deprived of his life, liberty, or property, ex-
cept by the judgment of his peers, or the law of the land

No local or special bill to be passed, changing the venue in

criminal cases

The State ever to maintain a general, suitable, and efficient
system of free schools, whereby all persons in the State, be-
tween the ages of six and twenty-one years, may receive gra-
tuitous instruction

(By intendment) provision for the support of common schools,

by taxes, to be made by general laws only

(By intendment) the authorization of school districts to levy

a special school district tax, to be by general law only

No lottery to be authorized by the State, nor the sale of lottery

tickets allowed

For the restrictions imposed upon the formation of new

counties, change of county lines, and of county-seats,

with the exceptions thereto in the case of Lafayette,

Pope, Johnson, and Sebastian counties (unnecessary here

to reiterate) refer to Art. XIII. pp. 43, 44.

All property subject to taxation to be taxed according to its

value, that value to be ascertained in such manner as the

General Assembly shall direct, making the same equal and

uniform throughout the State, No one species of property

from which a tax may be collected to be taxed higher than

another species of property of equal value

Assessments on real property for looal improvements, in towns,
and cities, to be based upon consent of a majority, in value,
of the property-holders owning property adjoining the locali-
ty to be aflFected, may be authorized by the General Assembly,

such assessments, hoioever, to be ad valorem, and uniform

[For list of occupations and privileges subject to special tax-
ation, see Art. XVI, Sec. 5, p. 47.
For list of descriptions of property exempt from taxation,
. see Art. XVI, Sec. 5, p. 46, and Art. IX, pp. 37 et seq.]
(By intendment) the exemption from taxation, for the term of
seven years from ratification of the Constitution, of the capi-
tal invested in any or all kinds of mining and manufacturing

business in the State, to be by general law only

All laws exempting property from taxation, other than as pro-
vided in the Constitution, to be void

No State tax to be allowed, or appropriation of money made, ex-
cept'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

of the General Assembly

No special act to be passed, conferring corporate powers, except
for charitable, educational, penal, or reformatory purposes,
where the corporations created are to be and remain under the

patronage and control of the State

(By intendment) no corporations (with the exceptions stated
in the above entry) Art. XII, Sec. 2, p. 41), to be formed except
under general laws, which laws may, from time to time, be

altered or repealed

[The operation of the above-cited clauses obviates the
necessity of any enumeration, under this head,— such as
would be required in case the conferment of special priv-
ileges of this character were tolerated,— of additional
restrictions impoied upon the grant of corporate franchise.
A few provisions, however, of more express restriction
of legislative action, in this regard, are appended.]



Sbc. Pagk.



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INDEX TO CONSTITUTION. cci

Art. Sec. Pagb.

Special Legislation (continued.)

Except as in the Constitution provided, the State never to become
a stockholder in, or subscriber to, or be interested in, the stock
of any corporation or association 12 7 42

The stock or bonded indebtedness of no private corporation] to
be increased except in pursuance of general laws, nor
until the consent of the persons holding the larger amount, in
value, of stock, shall be obtained, at a meeting held after
notice given for a period of not less than sixty days, in pur-
suance of law 12 8 42

Any association or corporation, organized for the purpose, is
[subject, of course, to vested rights acquired before the adop-
tion of the present Constitution] to have the right to con-
struct and operate a railroad between any points within this
State, and to connect at the State line with railroads of
other States 17 1 48

No law to be passed 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

No obligation or liability of any railroad, or other corporation,
held or owned by this State, ever to be exchanged, trans-
ferred, remitted, postponed, or in any way diminished, by the
General Assembly ; and no such liability or obligation to be
released except by payment thereof into the State treasury 5 33 15

Except as in this Constitution otherwise provided, the State
never to assume or pay the debt or liability of any county,
town, city, or other 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

The power to tax corporations and corporate property not to be
surrendered or suspended, by any contractor grant to which
the State may be a party 16 7 47

The forfeiture of no charter of any corporation existing at date
of adoption of Constitution to be remitted, or any such char-
ter altered or amended, or any general or special law for the
benefitof such corporation to be passed, except on condition
that such corporation shall thereafter hold its charter, sub-
ject to the provisions of this Constitution 17 8 50

(By intendment), provision for organization of cities, and in-
corporated towns, and to restrict their power of taxation,
assessment, borrowing money, and contracting debts, to be

made by general laws only 12 3 41

Peculiar conditions of passage of special appropriations :

No extra compensation to be made to any officer, agent, em-
ploye, or contractor, after the service shall have been ren-
dered, or the contract made, unless such compensation be al-
lowed by bill passed by two-thirds of the members elected to
each branch of the General Assembly 5-27 14

No money to be appropriated or paid 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 each branch of the Gen-
eral Assembly 5 27 14

All appropriations other than those for the ordinary expense of
the executive, legislative, and judicial departments of State,
to be made by separate bills, each embracing but one subject.. 5 30 15

No State tax to be allowed, or appropriation of money made,
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 of the General Assembly 5 31 15

[ In addition to these conditions imposed upon the passage
of special appropriations, the general restrictions of the
Constitution, in regard to appropriations, are, of course,
applicable.]



INDEX TO CONSTITUTION.



Page.



Special Legislation (continued.)

4. Qenkbal requieemknts of peocedttre in order to thk passage or

SPECIAL OR LOCAL LAWS :

No local or special bill to be passed, unless notice of the inten-
tion to apply therefor shall have been published, in the local-
ity where the matter or the thing to be affected may be situ-
ated .:.. 5 26

Such notice to be, at least, thirty days prior to the introduction,
into the General Assembly, of such bill, and in the manner to
be provided bylaw 5 26

The evidence of such notice having been published, to be ex-
hibited in the General Assembly before such act shall be
passed 5 26

5. Express concession of right of eminent domain :

The State's ancient right of eminent domain and of taxation is


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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 23 of 25)