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sentative. The county of Clayton shall elect one Represent-
ative. The county of Dallas shall elect one Representative.
The county of Desha shall elect one Representative. The
county of Drew shall elect one Representative. The county
of Dorsey shall elect one Representative. The county of
Franklin shall elect one Representative. The county of Ful-
ton shall elect one Representative. The county of Faulkner
shall elect one Representative. The county of Grant shall
elect one Representative. The county of Green shall elect
one Representative. The county of Garland shall elect one
Representative. The county of Hempstead shall elect two
Representative. The county of Hot Spring shall elect one
Representative. The county of Howard shall elect one Rep-
resentative. The county of Independence shall elect two
5a



34 CONSTITUTIOK OF THE [Art. 8.

Representatives. The county of Izard shall elect one Repre-
sentative. The county of Jackson shall elect one Represen-
tative. The county of Jefferson shall elect three Repre-
sentatives. The county of Johnson shall elect one Repre-
sentative. The county of Lafayette shall elect one Repre-
sentative. The county of Lawrence shall elect one Repre-
sentative. The county of Little River shall elect one Repre-
sentative. The county of Lonoke shall elect two Repre-
sentatives. The county of Lincoln shall elect one Repre-
sentative. The county of Lee shall elect two Representa-
tives. The county of Madison shall elect one Representa-
tive. The county of Marion shall elect one Representative.
The county of Monroe shall elect one Representative. The
county of Montgomery shall elect one Representative. The
county of Mississippi shall elect one Representative. The
county of IsTevada shall elect one Representative. The
county of Newton shall elect one Representative. The
county of Ouachita shall elect two Representatives. The
county of Perry shall elect one Representative. The county
' of Phillips shall elect three Representatives. The county of
Pike shall elect one Representative. The county of Polk
shall elect one Representative. The county of Pope shall
elect one Representative. The county of Poinsett shall elect
one Representative. The county of Pulaski shall elect four
Representatives. The county of Prairie shall elect one Rep-
resentative. The county of Randolph shall elect one Repre-
sentative. The county of Saline shall elect one Representa-
tive. The county of Sarber shall elect one Repesentative.
The county of Scott shall elect one Representative. The
county of Searcy shall elect one Representative. The
county of Sebastian shall elect two Representatives. The
county of Sevier shall elect one Representative. The county
of St. Francis shall elect one Representative. The county
of Stone shall elect one Representative. The county of



Art. 8.] STATE OF ARKAIN^SAS. 35

Union shall elect two Representatives. The county of Van
Buren shall elect one Representative. The county of Wash-
ington shall elect three Representatives. The county of
White shall elect two Representatives. The county of
Woodruff shall elect one Representative. The county of
Yell shall elect one Representative. The county of Sharp

shall elect one Representative.

Sec. 2. The Legislature shall, from time to time, divide Division of state

into Senatorial

the State into convenient Senatorial districts in such manner RaUo*^*^of repre-
sentation in Sen-
that the Senate shall be based upon the adult male inliabi- **''•

tants of the State; each Senator representing an equal num-
ber as nearly as practicable, and until the enumeration of Prksent senato-
rial Districts

the inhabitants is taken by the United States government mk°t, '"'ir'sENA-

TORS,

A. J). 1880, the districts shall be arranged as follows:

The counties of Greene, Craighead and Clayton shall com- 1st District,
pose the First district, and elect one Senator.

The counties of Randolph, Lawrence and Sharp shall com- 2nd District,
pose the Second district, and elect one Senator.

The counties of Carroll, Boone and IS^'ewton shall compose srd District,
the Third district, and elect one Senator.

The counties of Johnson and Pope shall compose the 4th District.
Fourth district, and elect one Senator.

The county of Washington shall compose the Fifth dis- 5th District,
trict, and elect one Senator.

The counties of Independence and Stone shall compose 6th District,
the Sixth district, and elect one Senator.

The counties of Woodruft", St. Francis Cross, and Critten- 7th District,
len sliall compose the Seventh district, and elect one Senator.

The counties of Yell and Sarber shall compose the Eighth sth District,
district, and elect one Senator.

The counties of Saline, Garland, Hot Spring and Grant 9th District,
iihall compose the Ninth district, and elect one Senator.

The counties of Pulaski and Perry shall compose the loth District.
Tenth district, and elect two Senators.



36



CONSTITUTION OF THE



[Art.



llth District.



12th District.



13th District.



14th District.



15th District.



16th District.



17th District.



18th District.



19th District.



20th District.



21st District.



22d District.



23d District.



24th District.



25th District.



6 th District.



The county of Jefferson shall compose the Eleventh dis-
trict, and elect one Senator.

The counties of Lonoke and Prairie shall compose the
Twelfth district, and elect one Senator.

The counties of Arkansas and Monroe shall compose the
Thirteenth district, and elect one Senator.

The counties of Phillips and Lee shall compose the Four-
teenth district, and elect one Senator.

The counties of Desha and Chicot shall compose the Fif-
teenth district, and elect one Senator.

The counties of Lincoln, Dorsey and Dallas shall compose
the Sixteenth district, and elect one Senator.

The counties of Drew and Ashley shall compose the Sev-
enteenth district, and elect one Senator.

The counties of Bradley and. Union shall compose the
Eighteenth district, and elect one Senator.

The counties of Calhoun and Ouachita shall compose the
Nineteenth district, and elect one Senator.

The counties of Hempstead and Nevada shall compose the
Twentieth district, and elect one Senator.

The counties of Columbia and Lafayette shall compose the
Twenty-first district, and elect one Senator.

The counties of Little River, Sevier, Howard and Polk
shall compose the Twenty-second district, and elect one Sen-
ator.

The counties of Fulton, Izard, Marion and Baxter shall
compose the Twenty -third district, and elect one Senator.

The counties of Benton and Madison shall compose the
Twenty-fourth district, and elect one Senator.

The counties of Crawford and Franklin shall compose the
Twenty-fifth district, and elect one Senator.

The counties of Van Buren, Conway and Searcy shall
compose the Twenty-sixth district, and elect one Senator.



Art. 9.] STATE OF ARKANSAS. 37

The counties of White and Faulkner shall compose the 27th District.
Twenty-seventh district, and elect one Senator.

The counties of Sebastian and Scott shall compose the 28th District.
Twenty-eighth district, and elect one Senator.

The counties of Poinsett, Jackson and Mississippi, shall 29th District,
compose the Twenty-ninth district, and elect one Senator.

The counties of Clark, Pike and Montgomery, shall com- soth District.

pose the Thirtieth district, and elect one Senator.

And the Senate shall never consist of less than thirty, nor Number of Sena-
tors.

more than thirty five members.

Sec. 3. Senatorial districts shall at all times cont(s)ist of Pri ncipios of

^ ' formation of Sen-

contiguous territory, and no county shall be divided in the

formation of a Senatorial district.

Sec. 4. The division of the State into Senatorial districts. Apportionments

when to be made.

and the apportionment of Representatives to the several
counties, shall be made by the General Assembly at the first
regular session after each enumeration of the inhabitants of
the State by the Federal or State government, shall have
been ascertained and at no other time.



ARTICLE IX.

Exemption.
Section 1, The personal property of any resident of this Exemption

of personal pro-
State, who is not married or the head of a family, in specific other thin ""hS

of families from

articles to be selected by such resident, not exceeding in ^*''^"'"®^°'"^^''*-
value the sum of two hundred dollars, in addition to his or
her wearing apparel, shall be exempt from seizure on attach-
ment, or sale on execution or other process from any court
issued for the collection of any debt by contract : Provided,
That no property shall be exempt from execution for debts
contracted for the purchase money therefor while in the
hands of the vendee.

Sec. 2. The personal property of any resident of this Exemption of

personal property

3tate, who is married or the head of a family, in specific arti- il" °^ ^^°'^"



38 CONSTITUTION OF THE [Art 9.

cles to be selected by such resident, not exceeding in value
the sum of five hundred dollars, in addition to his or her
wearing apparel, and that of his or her family, shall be ex-
empt from seizure on attachment, or sale on' execution or
other process from any court, on debt by contract.
Homestead Sec. 3. The homcstcad of any resident of this state, who

exemption.

is married or the head of a family, shall not be subject to the
lien of any judgment or decree of any court, or to sale under
execution, or other process thereon, except such as may be
rendered for the purchase money, or for specific liens, labor-
ers' or mechanics' liens for improving the same, or for taxes,
or against executors, administrators, guardians, receivers,
attorneys for moneys collected by them, and other trustees of
an express trust, for moneys due from them in their fiduciary
capacity.
Extent of exemp- Sec. 4. The homcstcad outside any city, town or villasre,

tion of homestead ^ J ^ e> ?

town/or%iiiage.' owned and occupied as a residence, shall consist of not ex-
ceeding one hundred and sixty acres of land, with the im-
provements thereon ; to be selected by the owner : Provided,
The same shall not exceed in value the sum of twenty-five
hundred dollars, and in no event shall the homestead be
reduced to less than eighty acres, without regard to value.

Extent of exemp- Sec. 5. The homestcad in any city, town or village, owned

tion of homestead J J t o j

town!*or^viiiaffl*? iind occupicd as a residence, shall consist of not exceeding
one acre of land, with the improvements thereon, to be
selected by the owner; provided, the same shall not exceed
in value the sum of two thousand five hundred dollars, and
in no event shall such homestead be reduced to less than
one quarter of an acre of land, without regard to value.

Homestead ex- Sec. 6. If the owucr of a homcstcad die, leaving a wido w,

emption for ben- ^

e tofwi ow. ^^^ ^^ childuen, and said widow has no separate homestead
in her own right, the same shall be exempt, and the rents and

Proviso — rights profits thereof shall vest in her during her .natural life ; Pro-
of children dur-

ng minority. yldcd, That if the owner leaves children, one or more, said



Art. 10.] STATE OF ARKANSAS. 39

child or children shall share with said widow, and be enti-
tled to half the rents and profits till each of them arrives at
twenty one years of age — each child's rights to cease at twen-
ty-one years of age — and the shares to go to the younger
children; and then all to go to the widow; and provided,
that said widow or children may reside on the homestead or
not. And in case of the death of the widow, all of said home-
stead shall be vested in the minor children of the testator or
intestate.

Sec. 7. The real and personal property of an-yfemme covert fy^7,n5frr?Id^o-
in this State, acquired either before or after marriage,
whether by gift, grant, inheritance, devise or otherwise,
shall, so long as she may choose, be and remain her separate
estate and property,' and may be devised, bequeathed or con-
veyed by her the same as if she were afemnie sole; and the
same shall not be subject to the debts of her husband.

Sec. 8. The General Assembly shall provide for the time Scheduling of

•^ '^ separate personal

and mode of scheduling the separate personal property of H wime^'n-'"'^'^'

married women.

Sec. 9. The exemptions contained in the Constitution Effect of exemp-
tions of Constitu-

of 1868, shall apply to all debts contrated since the adoption

thereof, and prior to the adoption of this Constitution.

Sec. 10. The homestead provided for in this article shall Homestead ex-
emption for ben-
inure to the benefit of the minor children, under the exemp- oJphan^ children';

tions herein provided, after the decease of the parents.



ARTICLE X.



Agriculture, Mining, and Manufacture.

Section 1. The General Assembly shall pass such laws as Agricultural,

mining. and man-

will foster and aid the agricultural, mining and manufactur- fsulfkute?^^'"

ing interests of the State, and may create a bureau to be Mining. Manu-
facturing, and
known as the Mining, Manufacturing and Agricultural ^lu?"""'''^ ^"'

Bureau.



40 C0NSTITUTI0:N^ of the [Art. 11.

State Geologist. Sec. 2. The General Assembly, when deemed expedient,

may create the office of State Geologist, to be appointed by

the Governor, by and with the advice and consent of the

Term of office. Senate, who shall hold his office for such time, and perform

Compensation, such duties, and receive such compensation as may be pre-

Removai. scribcd by law; Provided: That he shall be at all times

subject to removal by the Governor, for incompetency or

gross neglect of duty.

Exemption from Seo, 3. The General Assembly may, by general law,

taxation.of mines •' J 7 J r> ?

tu°el "'^"'^ ^^' exempt from taxation for the term of seven years from the
ratification of this Constitution, the capital invested in any
or all kinds of mining and manufacturing business in this
State, under such regulations and restrictions as may be
prescribed by law.



ARTICLE XI.



Militia.
Persons liable to SECTION 1. The Militia shall cousist of all able-bodied

military duty.

male persons, residents of the State, between the ages of

eighteen and forty-five years ; except such as may be

Organization of exempted by the laws of the United States, or this State ; and

militia. r J ' >

shall be organized, officered, armed and equipped and trained

in such manner as may be provided by law.
Volunteer com- Sec. 2. Voluuteer Companies of Infantry, Cavalry or

Artillery may be formed in such manner and with such

restrictions as maybe provided by law.
Privilege of mill- Sec. 3. The Volunteer and Militia forces shall in all

tia from arrest, at

muster, etc. cases (except treason, felony and breach of the peace) be
privileged from arrest during their attendance at muster and
the election of officers, and in going to and returning from
the same.

Authority to call Sec. 4. The Govcrnor shall, when the General Assembly

out volunteers *'

and mihtia. -g ^^^^ '^^ scssion, have power to call out the Volunteers or-



Art. 12.] STATE OF ARKANSAS. 41

Militia, or both, to execute the laws, repel invasion, repress
insurrection and preserve the public peace; in such manner
as may be authorized by law.




ARTICLEXII.

Municipal and Private Corporations.

Section 1. All existing charters or grants of special or Revocation of ex-
is 1 1 n g charters
exclusive privileges under which a bona Me organization »«•! grants, for

■•■ ~ J n non user.

shall not have taken place and business been commenced in
good faith, at the time of the adoption of this Constititution,
shall thereafter have no validity.

Sec. 2. The General Assembly shall pass no special act Limitation of

power of incor-

conferring corporate powers, except for charitable, educa- cfaTS ^^ ^^^'
tional, penal or reformatory purposes, where the corporations
created are to be and remain under the patronage and con-
trol of the state.

Sec. 3. The General Assembly shall provide, by general incorporation of

cities and towns.

laws, for the organization of cities (which may be classified)
and incorporated towms ; and restrict their power of taxa-
tion, assessment, borrowing money, and contracting debts, so
as to prevent the abuse of such power.

Sec. 4. No municipal corporation shall be authorized to Limitation of leg-
islative power of

pass any laws contrary to the general laws, of the State ; nor "orations! *^^'^~

And of their

levy [levy] any tax on real or personal property to a greater i>owor of taxa-
extcnt, in one year, than five mills on the dollar of the



assessed value of the same; Provided: That to pay indebt- Payment of ex-

' ^ "J isting indebted-

edness existing at the time of the adoption of this Consti- ^'^^^'

tution, an additional tax of not more than five mills on the

dollar, may be levied.

Sec. 5. No county city, town or other municipal corpor- Municipal cor-
porations not to
ation, shall become a stockholder in any company, associa- ders.""' stockhoi-

tion, or corporation; or obtain or apitropriate monev for, or Orfinanciaiiy as-

^ ^ ^ ./ ? gjgj^ corporations,

loan its credit to, any corporation, association, institution or "^'^*''

individual.
6



42 COKSTITUTIOIsr OF THE [Art. 12.

General incor- Sec. 6. Corporations may be formed under general laws ;

poration laws.

fion*'and*^revoca- which laws may, from time to time, be altered or repealed.

tion.

The General Assembly shall have the power to alter, revoke
or annul any charter of incorporation now existing and
revocable at the adoption of this Constitution, or any that
may hereafter be created, wheneyer, in their opinion, it may
be injurious to the citizens of this State ; in such manner,
however, that no injustice shall be done to the corporators,
state not to be Seg. 7. Exccpt as herein provided, the State shall never

interested in ^ ^

tions, etcr'^"^'^* bocouie a stockholder in, or subscribe to, or be interested in
the stock of any corporation or association.

Issue and in- Sec. 8. ]!^o private corporation shall issue stocks or bonds,

crease of stock,

coriJoratioSs!^**^ cxccpt for mouey or property actually received, or labor done ;
and all fictitious increase of stock or indebtedness shall be
void; nor shall the stock or bonded indebtedness of any
private corporation be increased, except in pursuance of gen-
eral laws, nor until the consent of the persons holding the
larger amount, in value, of stock, shall be obtained at a meet-
ing held after notice given for a period not less than sixty
days, in pursuance of law.

Compen sa t io n Sec. 9. 1^0 property, uor right of way, shall be appropria-

for property, and

kln^for ^us^e *of ted to the usc of any corporation, until full compensation

corporations.

therefor shall be first made to the owner, in money ; or first
secured to him by a deposit of money ; which compensation,
irrespective of any benefit from any improvement proposed
by such corporation, shall be ascertained by a jury of twelve
men, in a court of competent jurisdiction, as shall be pre-
scribed by law.
Legislation au- Sec. 10. 1^0 act of the General Assembly shall.be passed

thorizing issue of

prohibited.^*''^'^' authorizing the issue of bills, notes, or other paper which may
circulate as money.

Foreign corpora- Sec. 11. Foreign corporations may be authorized to do
business in this State, under such limitations and restrictions
as may be prescribed by law ; Provided : That no such cor-



Art. 13.] STATE OF AREAT^SAS. 43

poration shall do any business in this State, except while it
maintains therein one or more known places of business, and
an authorized agent or agents in the same, upon whom
process may be served ; and, as to contracts made or busi-
ness done in this State, they shall be subject to the same
regulations, limitations and liabilities as like corporations of
this State: and shall exercise no other or greater powers,
privileges or franchises than may be exercised by like corpor-
ations of this State; nor shall they have power to condemn
or appropriate private property.

Sec. 12. Except as herein otherwise provided, the State state not to as-
sume liabilities

shall never assume, or pay the debt or liability of any county, oorpoSnL *"'

town, city or other corporation whatever; or any part

thereof; unless such debt or liability shall have been created Exceptions.

to repel invasion, suppress insurrection, or to provide for the

X^ublic welfare and defense. Nor shall the indebtedness of indebtedness of

corporations to

any corporation to the State, ever be relased, or in any man- ^^'''*'-
ner discharged save by payment into the public Treasury.



ARTICLE XIII.

Counties, County Seats, and County Lines.

Section 1. l^o county now established shall be reduced to Mimimum limits

of counties, pre-

an area of less than six hundred square miles nor to less than sciii^ed.-
five thousand inhabitants; nor shall any new county be
established with less than six hundred square miles and five
thousand inhabitants : Provided, that this section shall not Exception.
apply to the counties ^f Lafayette, Pope and Johnson, nor be
so construed as to prevent the General Assembly from chang-
ing the line between the counties of Pope and Johnson.

Sec. 2. N"o part of a county shall be taken off to form a consent of voters

of territory af-

new county, or a part thereof, without the consent of a [r'"^chan'ge"'''of

., r. ,1 . . - county lines.

majority ot the voters in such part proposed to be taken off.



44 C0:N^STITUTI0N of the [Art 14.

Changes of conn- Sec. 3. ISTo couiity Seat shall be established or changed

ty-seat,

without the consent of a majority of the qualified voters of

the county to be affected by such change, nor until the place

at which it is proposed to establish or change such county

County-seats of seat shall be fully designated: Provided, That, in formation

new counties. " *- '

of new counties, the county seat may be located temporarily
by provisions of law.
Lines of new Bec. 4. In the formation of new counties, no line thereof

counties.

shall run within ten miles of the county seat of the county
proposed to be divided, except the county seat of Lafayette
■ county.
Division of Se- Sec. 5. Sebastian couuty may havc two districts, and two

bastian County

into two districts, county scats, at which county, probate, and circuit courts
shall be held as may be provided by law, each district paying
its own expenses.



ARTICLE XIV.

Education.

Free school sys- SECTION 1. Intelligence and virtue being the safeguards
.of liberty, and the bulwark of a free and good government,
the State shall ever maintain a general, suitable and efficient
system of free schools, whereby all persons in the state,
betw^een the ages of six and twenty one years, may receive
gratuitous instruction.

Schools funds to Sec. 2. Ko moucy or property belon2:ing to the public

be used exclu- ^ «_

poTes^ for°VMch school fund, or to this State, for the benefit of schools or

set apart.

universities, shall ever be used for any other than for the

respective purposes to which it belongs,
state school-tax. Sec. 3. The General Assembly shall provide, by general

laws, for the support of Common Schools by taxes, which

shall never exceed in anyone year two mills on the dollar on
SchlJiFu'^nd ^°'" t'^^® ^^^^^1^ property of the State; and by an annual per

capita tax of one dollar, to be assessed on every male inhabi-



Art. 15.] STATE OF ARKANSAS. 45

tant of this State over the a^e of twenty one years ; Pro- School district
vided, The General Assembly may, by general law, author-
ize school districts to levy, by a vote of the qualified electors
of such district, a tax not to exceed five mills on the dollar
in any one year for school purposes; Provided further.
That no such tax shall be appropriated to any other purpose,
nor to any other district than that for which it was levied.

Sec. 4. The supervision of public schools, and the execu- Supervision of

public schools,

tion of the laws regulating the same, shall be vested in and *^*°'
confided to, such officers as may be provided for by the Gen-
eral Assembly.



ARTICLE XV.

Impeachment and Address.

Section 1. The Governor and all State ofiBcers, Judges of impeachments,
the Supreme and circuit courts, Chancellors and Prosecuting
Attorneys, shall be liable to impeachment for high crimes
and misdemeanors, and gross misconduct in office ; but the Judgment,



Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 6 of 25)