Copyright
Arkansas.

The constitution of the state of Arkansas online

. (page 24 of 25)
Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 24 of 25)
Font size
QR-code for this ebook


in the Constitution fully and expressly conceded 2 23

The exercise of the right of eminent domain shall never be
abridged, or so construed as to prevent the General Assembly
from taking the property and franchises of incorpor^ed com-
panies, and subjecting them to public use— the same as the

property of individuals

Special sesa'iona of General Assembly

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

S^ech, Liberty of.

freedom of. Privilege of, in General Assembly

Standfng 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

Assumption or payment of liabilities of corporations by

Indebtedness of corporations to, not to be released or dis-
charged save by payment into the public treasury

never to loan its credit for any purpose whatever

never to issue interest-bearing treasury warrants or scrip

not to be party to contract or grant by which power to tax cor-
porations shall be surrendered

State Board of Supervisors of Election Under Schedule— ee9 Supervtsora
0^ Election under Schedule, State Board of.

State Geologist

State Lands. Commissioner of— See Commissioner of State Lands.
State Q^ce, General Assembly to create no permanent, not expressly pro-
vided for by Constitution

State officers. Salaries of, not to be increased or diminished during theft

respective terms of oflBce

Maximum salaries of.

(Prosecuting Attorneys excepted) not to receive to their own
usp any fees, costs, perquisites of office, or other compen-
sation, beside their respective salaries

Oath of office of.

Qoaliflcations of sureties upon official bonds of

not to receive, directly or indirectly, for salaries, fees, and per-
quisites, more than five thousand dollars, net prqfit, per

annum, in par funds

All, to pay into State treasury all sums by them received, in ex-
cess offive thousand dollars net profit.per annum. in par funds..

chosen at first election, Return and announcement of

Salaries of, during two years from adoption of Constitution

1 he above entries are chiefly confined to cases where the
word "State" is used, in the Constitution. See Officers,
Executive officers. Representatives, Senators, Judges, and, under
s\i\>-hea.d of "Judges," each court.

/^at« <crip, Interest-bearing, State never to issue

/State, Secretary of— see Secretary of State,



17


9


50


6


19


20


5


29


15


2


6


3


5


li


12


2


27


6


1


1


1


4




9


«


50


13


6,19


9,25


18,60


8


2


35


12


7


42


12


12


43


12


12


43


16


1


46


16


1


46



19


11


57


19


11


56


19


11


56


19


20


58


19


21


59



19


23


59


Se


17


64


Sc


28





INDEX TO CONSTITUTION.



Akt. Sec. Page.

iState tax, unless authorized by vote of majority of two-thirds of both
houses of General Assembly, to be allowed only for certain

specified purpsses 5 31 15

not to exceed, in the aggregate, one per cent, of asseised valua-
tion of property of State for the year 16 8 47

Statement of receipt and expenditures of public money, Publication

of. 19 12 67

/Stationery for use of State government, to be furnished by lowest responsi-
ble bidder, below maximum price, under regulations to be

prescribedt)y law 19 19 57

for use of State government. Contract for furnishing, to be

subject to approval of Governor, Auditor, and Treasurer 19^ 15 57

for use of State government. No member or officer ,of govern-
ment to be interested in contract for furnishing 19 15 57

Statutes of Limitation— Bee Limitation.

Steamboat companies prohibited from making diserimination in
charges or facilities for transportation, by abatement, draw-
back, or otherwise 17 6 49

General Assembly to prevent by law, grant of free passes by,

toany officer of the State 17 7 50

See, also. Corporation*.
Stock of railroad or other corporations, held or owned by State, not to be

released except by payment thereof into State treasury 5 33 15

of railroad, canal, and turnpike companies. Amounts, owner-
ship, and transfers of, to be recorded in books of company 17 2 48

Transfers of, of railroad, canal, and turnpike companies, to be

mjide at their principal office in State 17 2 48

of parallel or competing lines of railroad er canal companies.

Consolidation of, prohibited 17 4 49

of corporations, etc., State not, (except as in Constitution other-
wise provided) to sub scribe to 12 7 42

of private corporations. Restrictions upon issue and increase

of 12 8 42

Stockholders in private corporations. Rights of, in matter of increase of

stock or bonds of. 12 8 42

,S<r«e«s, Vacating of, not to be affected by ipecial law 5 24 14

Style of laws 5 » 13

of Chief Magistrate of the State 6 2 16

of presiding Judge of Supreme Court, "Chief Justice" 7 2 22

of writs and other judicial process ts,. 7 49 31

of indictments 7 49 31

Subscriptions to corporations, etc., by the State (with exceptions in Con-
stitution set forth), prohibited 12 7 42

iSMcc€8«io»i in office, of officers of Executive Department 6 1 16

to office of Governor, in case of vacancy 6 12,13.14 18

in office, generally 19 5 56

(SM#raffe. Conditions of exercise of right of— general rule 3 17

Exceptions to general rule respecting exercise of right of. 3 5,6,7 8

right of. No power, civil or military, ever to interfere to pre-
vent free exercise 3 2 7

No law to be enacted whereby exercise of right of, shall depend

upon any previous registration of elector's name 3 2 7

See, also. Art. Ill, passim, and entries under Elections.

Suits against the State prohibited 5 20 3

relating to Sixteenth section lands, or to money due therefor 7 44 30

by citizens of counties, cities, or towns, for general protection

of inhabitants against enforcement of illegal exactions 16 13 4£

not to abate because of change made in this Constitution Sc 23 66

See Actions.
Superintendent of Public Instruction, Secretary of State to discharge duties

of, until otherwise provided by law 6 21 21

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

and supervisory jarisdiction 7 22

Supervisors, County Boards of— tee County Boards of Supervisors.
Supervisors' Courts— see Courts, County.

Supervisors of Elestion-see Election under Schedule, under sub-heads
of State Board of Supervisors of, and County Boards of Super-
visors of.



INDEX TO CONSTITUTION.



T.



Sec.


Page.


4


22


14


24



Art.

Supervisory jurisdiction of Supreme Court 7

of Circuit Court 7

Supreme Court— see Cour\ Supreme:

Supreme executive poxoer vested in Chief Magistrate, styled Governor, etc.. 6
Sureties upon oflBcial bonds of State and county officers, Qualifications

of. 19

Surety of the peace. Case of, constitutes exception to Senators' and Repre-
sentatives' privilege of freedom from arrest 5

Surnames not to be changed by special law 5

Surveyors, County, Election of. 7

County, Term of office of. 7

Duties of. 7

Survival of right of action for injuries resultipg in death 5

Suspension of habeas corpus 2

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

of general laws, by legislature, for benefit of particular indi-
vidual, corporation, or association, prohibited 5



15


12


24


14


46


31


46


31


46


31


32


15


11


4



2


23


6


16


5. 11


46. 47


16


8


47


16


9


47


12


4


41


16


5


46


16


11


47



Taxation and Taxet 16 . . 46

State's ancient right of taxation fully and expressly conceded.. 2 23 6
General Assembly may delegate power of taxation, with neces-
sary restriction, to its subordinate political and municipal
corporations, to extent of providing for their existence, main-
tenance, and well-being, but no further

General principles of taxation

for State purposes. Maximum rate of.

For county purposes, Maximum rate of

of municipal corporations. Maximum rate of

Uniform rule of valuation of property, for purpose of.

Laws imposing, to state distinctly the object of the tax

Moneys arising from, to be appropriated for specific purpose for
which levied

State. unless authorized by vote of majority of two-thirds of both
houses of General Assembly, to be allowed only for certain
specified purposes

of corporations. Power of. not to be surrendered or suspended
by any contract or grant to which the State may be a party

Species of property exempt from

Exemption of capital invested in mining and manufacturing
business in this State, from. Provision>especting

Homestead subject to seizure for

Laws exempting property from, other than as prescribed in
Constitution, void

Sheriff to be ex-officio collector of.

County, not to exceed one-half of one per cent., except an addi-
tional one-half of one per cent, to pay indebtedness existing
at date of adoption of Constitution

of counties, towns, and cities, in what funds payable

not to be levied except in pursuance of law

county, County Courts to have exclusive original jurisdiction
in all matters relating to 7 23

upon real property, for local improvements, in towns and
cities 19 27

county. Justices of the Peace to sit with County Judge in levy-
ing 7 30

for support of common schools. General Assembly may provide
for, by general laws 14 3

State, for support of common schools, never to exceed two mills
per dollar, annually 14 3

Poll-tax of one dollar on every male inhabitant over twenty-
one years, to be assessed for support of common schools 14 3

General Assembly may by general laws authorize school dis-
tricts to levy, by vote, tax not to exceed five mills, for school
purposes 14 3

School district special tax to be appropriated only for its
proper purpose, and in district where levied 14 3 45



16


7


47


16


5


47


10


3


40


9


3


38


16


6


47


7


46


31


16


9


47


16


10


47


15


11


47



45



INDEX TO CONSTITUTION. ccv

Art. Sho. Pisk.
Tax-payers of counties, cities, or towns. Right of, to appeal from allow-
ances made for or against the same

Tenure of lands (exclusively allodial)

Tenwres, Feudal, of every] description, with all their incidents, prohib-
ited

Term of office of Representatives

of Senators

of members of General Assembly, to begin on day of their elec-
tion

of Governor

of Secretary of State

of Auditor of State *

of Treasurer of State

of Attorney-General

of appointees by Governor, in cases where no other method of

filling vacancy is provided by Constitution and laws

of Judges of Supreme Court

of Clerk and Reporter of Supreme Court

of Judges of Circuit Courts

of Circuit Clerks

of Prosecuting Attorneys

of Judges of County Courts

of Judge of Pulaski Chancery Court

of Clerk of Pulaski Chancery Ceurt

of county officers

of State Geologist

to continue until the election and qualification .of successor

of oflBcers chosen at election under Schedule

Terms of Supreme Court

of Circuit Courts •

of County Courts

of Courts of Probate

Test, Religious, as qualification to vote or hold office, prohibited

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

with or statements of

Testtfftonial to public officer, to influence his official action, Offer or ac-
ceptance of, constitutes felony

Testimony of atheists not receivable in court

of parties in civil actions

of executors, administrators, or guardians, in actions by or

against them Sc 2 61

But see, also, Evidence.

2%0Mff^(«, Right to free communication of 2 6 3

lockets. Excursion and commutation, may be issued, by railroads, at

special rates 17 3 48

Ti'*, Case of. in elections for officers of Executive Department 6 3 17

Tith to lands in this State, exclusively allodial 2 28 7

No law to be revived, amended, or its provisions extended or

conferred, by mere reference to its 5 23 14

to real estate. Courts of Common Pleas not to be vested with

jurisdiction in matters involving 7 32 28

to land, Jurisdiction prohibited to Justices of the Peace, where

involved 7 40 30

Towns, General Assembly to provide, by general laws, for organization

of 12 3 41

General Assembly to provide, by general laws, for specified

restrictions 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 appropriate any money for, or loan credit to, any corpor-
ation, individual, etc

Assumption of liabilities of, by the Stat©

never to loan credit for any purpose

to issue no interest-bearing evidences of indebtednesi, except
bonds authorized by law to provide for and secure payment of
indebtedness existing at date of adoption of Constitution



7


51


32


2


28


7


2


28


7


5


2


10


5


3


10


5


16


12


6


1


16


6


1


16


6


1


16


6


1


16


6


1


16


6


23


21




6


23




7


23




17


25




19


25




24


26




29


2T




44


30




44


30




46


31




2


40




5


56


Sc


26


67




8


23




12


24




31


28




34


28




26


6


Sc


2


61


5


35


16


19


1


55


Sc


2


61



12


3


41


12


3, 4


41


12


3, 5


41


12


4


41


12


5


41


12


5


41


12


12


43


16


1


46



INDEX TO CONSTITUTION.



19


27


60


16


10


47


16


10


47


16


13


48


7


51


82


7


5


23


7


1


22


',


1.43


22.30



Art. Sec.

2bion«, Assessments on real property for local improvements in» may

be authorized by General Assembly

Taxes of. in what funds payable

Orders or warrants of. receivable for corporation taxes

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

Appeals from allowances made for or against

Power of Supreme Court to issue writs of quo warraito to

ofiScers of.

Municipal Corporation Courts of.

Corporation Courts of. Jurisdiction of.

See Municipal Corporations.
Tozen and toionship officers :

[The entries under this head include all those where ''town"

or "township" officers are tpecifieally referred to under that

title. For provisions applicable to «?i officers. Fee Office,

Offices, and Officers. Those applying to each particular

class of officers, are given under their proper heads in the

Index. See, especially, Municipal hoards, commissions, and

trusts, Muuicipal corporations, and Municipal offices. See.

also. Qualifications, and Disqualifications.]

Qmtested elections. — In all cases of contested elections for any

county, township, or municipal office, an appeal shall lie, at

the instance of the party aggrieved, fromlan^ inferior board.

council, or tribunal, to the Circuit Court, on the same terms

and conditions on which appeals may be granted to Circuit

Courts in other cases; and on such appeals the case shall be

tried de novo 7 52 32

Vacancies —All vacancies occurring in any township office, to
be filled by special election, save, that in case of vacancies oc-
curring in county or township offices six months, and in oth-
er offices nine months, before Ihe next general election, such

vacancies shall be filled by appointment by the Go^rernor 7 50 31

Residences.— All district, county, and township officers, shall re-
side within their respective districts, counties, and townships.. 19 4 56
Place of office. — All district, county, and township officers shall
keep their offices at such places, therein, as are now, or may

hereafter be. required by law 19 4 56

Compensation.— T^o officer ot this State, nor of any county, city,
or town, shall Receive, directly or indirectly, for salary, fees,
and perquisites more than five thousand dollars, net profit,
per annum, in par funds; and any and all sums in excess of
this amount shall be paid into the State, county, city, or town
treasury, as shall hereafter be directed by appropriate legis-
lation

First election for

Transfer of obligations or liabilities of corporations, held or owned by

State, pjiohibited

Transfers of stock of railroad, canal, and turnpike companies, to be made

at their principal office in State

l}raiisportation

See, also. Railroads, Canals, Turnpikes, and Steamboats.

Transportation Companies, Certain, to be common carriers

Travellers, Security of life, health, and safety of.

Treason against the State, Definition of

Requisites to conviction of.

Case of, constitutes excqption to elector's privilege of freedom

from arrest

Case of, constitutes exception to Senators' and Representatives'

privilege of freedom from arrest

Case of. constitutes exception to privilege of volunteers and

militia from arrest, at musters, etc

Case of, an exception to Governor's unconditional power to
grant repriaves, commutations of sentence, and pardons,

after conviction

Governor to have power, by and with advice and consent of

Senate, to grant reprieves and pardons in cases of

Govegbor may, in the recess of the Senate, respite sentence for,
until adjournment of next regular session of General Assem-
bly



19


23


59


Sc


3


61


,12


33,12


15.48


17


2


48


17


1,3,6,7,10


48;49,50


17


1


48


19


18


58


2


14


4


2


14


5


3


4


8


5


15


12


11


3


40


6


18


20


6


18


20



INDEX TO CONSTITUTION.



Sec. Page.



Treasurer of State an officer of Executive Department

how chosen .»

Returns of election of.

Contested elections for

Case of tie in elections for

Term of office of.

Salary of, etc

Salary of, during two years from adoption of Constitution

Vacancy in office of

liable to impeachment

how removable upon address

ineligible to seat in either house of General Assembly

to hold no office or commission, civil or military, in this, or un-
der any. State, or U.S., or any other power, at one and same
time

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

to perform such duties as may be prescribed by law

Publication of receipts and expenditures of public money

Contracts for stationery, paper, fuel, printing, and binding, for
State government, distribution of laws and public docu-
ments, and repairing and furnishing halls and rooms of Gene-
ral Assembly, to be subject to approval of.

Auditor to draw warrant upon, to defray expenses of election
under Schedule

First election for

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

first elected, when to enter upon discharge of his duties

Treasurers of Counties, Election of.

Term of office of.

Duties of.

to be, ex-officio, treasurers of the common-school fund of the

county

Treasury of the State, Money not to be drawn from, except in pursuance
of specific appropriation by law, made in manner specified

Moneys not to be paid out of, except in accordance with appro-
priations bylaw

Obligations or liabilities of railroad or other corporations, held
or owned by State, not to be released except by payment
thereof into

Fees, costs, and perquisites of office, payable for services per-
formed by State officers. Prosecuting Attorneys excepted, to
be paid into, in advance

All officers to pay into, all sums by them received, in excess of
five thousand dollars net profit, per annum, in par funds

Publication of receipts and expenditures in

Treasury warrants, interest-bearing. State never to issue

Trial by jury. Eight of.

to extend to all cases at law, without regard to amount in con-
troversy

may bo waived by the parties

Accused entitled to, in criminal prosecutions

to ascertain amount of compensation for property or right of
way appropriated to use of corporations

in question of parallelism or competition of lines of railroads

or canals ,

See Jury.
Trial, Second, of accused, where jury divide in opinion

in criminal prosecutions, Division of opinion of jury, in

of appeals to Circuit Court, from allowances made for or against
counties, cities, or towns, to be de novo

of appeals to Circuit Court in contested cases for county, town-
ship, or municipal offices, to be de novo

Trust, Offices o/— see Office, and Offices.
Trustees of express trusts. Homesteads subject to seizure under judgments

for money due from, in their fiduciary capacity

Trusts, Municipal, Members of, aldermen not included, disqualified for
service as officers of election

22



6


1


16


6


S


16


6


3


16


6


4


17


6


3


17


6


1


16


19, So


11,28


56, 67


Sc


28


67


6


22


21


15


1


45


15


3


45


5


7


11


6


22


21


6


1


16


6


22


21


19


12


57



Sc
Sc

Sc

Sc

7

7

7

7
5
16

5,12



27
3

17
17
46
46
46

46

29

12

33,12



64
65
31
31
31

31
15

48

15, 4S



INDEX TO CONSTITUTION.



Art.

Turnpike companies » 17

to maintain one office in the State, where transfers of stock

shall be made 17

Books of, to be kept at office, for inspection of stockholders

and creditors 17

Books of, to show ownership, amounts, and transfers, of

stock, and names and places of residence of officers 17

Laws to be passed to correct abases, and to prevent unjust dis-
crimination, and excessive charges, by, etc 17

See, also. Corporations,

Turnpikes 17

to be public highways 17

Equal right of all individuals, corporations, etc., to transporta-
tion of persons and property over 17

Undue or unreasonable discrimination in charges, and in facili-
ties of transportation, upon, prohibited 17



U.



V.



c.


Page.

48


2


48


2


48


2


48


10


50


1


48
48



Unconstitutionallaws to be void 2

United States, Office, appointment, or employment, under, disqualifies

for service as officer of election 3

Militia, etc., called into actual service of, not commanded in

chief by Governor 6

office or commission, Treasurer, Secretary, and Auditor, of

State, and Attorney General, prohibited from holding. 6

Enumeration of inhabitants by 8

Absence on business of, to cause no forfeiture of residence 19

Army and Navy of—seeArmy, and Navy, respectively.
lyniversities. Funds for benefit of, not to be used for other than their

proper purpose 14 2 44

Unsealed instruments, concerning contracts between individuals, executed

since adoption of Constitution of 1868, Rule respecting So 1 60

Usury 19 13 57



29


7


10


8


6


17


22
1,2.4


21

33,3%37
56



Vacancies in General Assembly, Governor to issue writs !of election to

fill 5 6 10

Vacancy in office of Governor, how filled 5,-3 IS,— 12, 13,1S



13,14



concurrent, in offices of Governor and President of Senate, Case
of. 6

in office of Governor, not happening within twelve months next
before expiration of term of office for which he shall have
been elected. Case of 6

in position of presiding officer of either house of General Assem-
bly, to be filled by, election 5

in office of Treasurer, Secretary, or Auditor, of State, or of At-
torney General, Governor to fill by appointment 6

in certain offices provided for in Art. VII of Constitution [i. e.,
judicial officers, and officers of courts] 7

in county and township offices 7

in office, in case no mode is provided, by Constitution and laws,
for filling the same, to be filled by appointment of Governor... 6

in office, Persons appointed to fill, must possess qualifications
of electors 19

in State Board of Supervisors of Election under Schedule Sc

Vacating of roads, streets, or alleys, not to be eflfected by local or special

law 5

Vagrants, County Courts to have exclusive original jurisdiction in mat-
ters reLating to 7

Valuation of property. Assessors to receive no per centum upon 7

of property or right of way appropriated to use of corpora-
tions 12

Uniform, of property, forpurpose of taxation 16



14


■ 18


18


13


22


21


50


31


50


31


23


• 21


3


55


7


62


24


14


28


27


46


31


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24

Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 24 of 25)