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judgment shall go no further than removal from office and
disqualification to hold any office of honor, trust or profit
under this State. An impeachment, whether successful or
not, shall be no bar to an indictment.

Sec. 2. The House of Representatives shall have the sole Power of im-
peachment,
power of impeachment. All impeachments shall be tried by Trial.

the Senate. When sitting for that purpose, the Senators
shall be upon oath or affirmation ; no person shall be con-
victed without the concurrence of two-thirds of the members
thereof. The Chief Justice shall preside, unless he is em-
peached or otherwise disqualified, when the Senate shall
select a presiding officer.

Sec. 3. The Governor, upon the joint address of two Removal upon
thirds of the members elected to each House of the General *"
Assembly, for good cause, may remove the Auditor, Treas-



46 COKSTITUTIOK OF THE Art. 16.

iirer, Secretary of State, Attorney General, Judges of the
Supreme and circuit courts, Chancellors, and Prosecuting
Attorneys.

ARTICLE XVI.

Finance and Taxation.
Loan of public Sec. 1. I^citlier the State, nor any city, county, town

credit prohibited.

or other municipality in this State .shall ever loan its credit
Issue of interest- for any purpose whatever. I^or shall any county, City,

bearing evidences

edn^ess^e^xcept'to Towu, or municipality ever issue any interest bearing evi-

pay present debt,

prohibited. dcuccs of indebtedness ; except such bonds as may be

authorized by law to provide for, and secure the payment of,
the present existing indebtedness. And the State shall
never issue any interest bearing Treasury warrants or scrip.

Payment of state Sec. 2. The General Assembly shall, from time to time,

debt.

provide for the payment of all just and legal debts of the
State.
Misappropriation Sec. 3. The making of profit out of public moneys, or

of public moneys.

using the same for any purpose not authorized by law, by any
officer of the State, or member or oflicer of the General
Assembly, shall be punishable as may be provided by law,
but part of such punishment shall be disqualification to hold
oflice in this State for a period of five years.

Salaries and fees. Sec. 4. The General Assembly shall fix the salaries and
fees of all officers in the State ; and no greater salary or fee
than that fixed by law, shall be paid to any officer, employe,

Clerks, etc., of or Other pcrson, or at any rate other than par value; and the

departments of i. j ^ r . ?

State. number and salaries of the clerks and employes of the differ-

ent departments of the State shall be fixed by law.

Uniform rule of Sec. 5. All property subject to taxation shall be taxed
according to its value ; that value to be ascertained in such
manner as the General Assembly shall direct, making the



Art. 16.] STATE OF ARKAIvrSAS. 47'

same equal and uniform throughout the state. Ko one spe-
cies of property, from which a tax may be collected shall be
taxed higher than another species of property of equal value; Taxation of pnv-
provided, the General Assembly shall have power, from time
to time, to tax hawkers, pedlers, ferries, exhibitions and privi-
leges, in such manner as may be deemed proper. Provided, Property exempt

^ ' '' r y: •> .from taxation.

further, that the following property shall be exempt from
taxation: Public property used exclusively for public pur-
poses; churches used as such; Cemeteries used exclusively
as such; school buildings and apparatus; Libraries and
grounds used exclusively for school purposes ; and buildings
and grounds and materials used exclusively for public
charity

Sec. 6. All laws exempting property from taxation, other Exemption by

' statutory enact-

than as provided in this constitution shall be void. """"*' '''''**■

Sec. 7. The power to tax corporations and corporate pro- Taxation of cor-
porate property.
perty, shall not be surrended or suspended, by any contract

or grant to which the state may be a party.

Sec. 8. The General Assembly shall not have power to Maximum rate

of state taxes.

levy" State taxes for any one year to exceed, in the aggregate,
one per. cent, of the assessed valuation" of the property of the
State for that year.

Sec. 9. Ko county shall levy a tax to exceed one-half of Maximum rate

of county taxes.

one per. cent, for all purposes ; but may levy an additional
one-half of one per. cent, to pay indebtedness existing at the
time of the ratification of this Constitution.

Sec. 1(3. The taxes of counties, towns and cities shall only county and mu-

- 1 1 • 1 PI nicipal taxes, in

1)6 payable in lawful currency of the United States, or the ^^^'^ payable.
orders or warrants of said counties, towns and cities respect-
ively.

Sec. 11. N"o tax shall be levied except in pursuance of Levy and specific

, ^ . appropriation of

law, and every law imposing a tax shall state distinctly the *^^^'-
object of the same; and no moneys arising from a tax levied
for one purpose shall be used for any other purpose.



48 C0:N^STITUTI0N of the [Art. 17.

Disbursements. Sec. 12. ITo nioiiey shall be paid out of the treasury until
the same shall have been appropriated by law ; and then
only in accordance with said appropriation.

Right of citizen Sec. 13. Any citizen of any county, city or town may

tosuc inbclialf of

coSnty "^ot^ mil- iustitutc suit, in behalf of himself and all others interested,
to protect the inhabitants thereof against the enforcement of
any illegal exactions whatever.

ARTICLE XVll.

Railroads, Canals, and Turnpikes.
Railroads, etc.. Sec. 1. All railroads, canals and turnpikes shall be

public highways,

Transportation public highways, and all railroads and canal companies shall

companies com-

Ri°ght"''"^tif'^''con- be common carriers. Any association or corporation, organ-

struct railroads. i • i

ganized for the purpose, shall have the right to construct and

operate a railroad between any points within this State, and to

connect at the State line with railroads of other States. Every

■Intersection and railroad coHipauy shall have the right with its road to inter-
connection of
railroads. sect, couiiect with, or cross any other road, and shall receive

and transport, each the other's passengers, tonnage and cars,

loaded or empty, without delay or discrimination.

Transportation Sec. 2. Evcry railroad, canal or turnpike corporation

companies to

stlte!*"'" °**^'' '° operated or partly operated in this State, shall maintain one
Transfers of officc therein, where transfers of its stock shall be made and

stock.

Books. where its books shall be kept for inspection by any stock-

holder or creditor of such corporation ; in which shall be
recorded the amount of capital stock subscribed or paid in
and the amounts owned by them respectively, the transfers
of said stock and the names and places of residence of the
officers.

Equal right to Sec. 3. All individuals, associations and corporations

transportation.

shall have equal right to have persons and property trans-
ported over railroads, canals and turnpikes ; and no undue
ot unreasonable discrimination shall be made in charges for,



Art. 17.] STATE OF ARKA:N^SAS. 49

or in facilities for transportation, of freight or passengers

within the State, or coming from, or going to, any other

State. Persons and property transported over any railroad Reguji^ation of

shall he delivered at any station, at charges not exceeding

the charges for transportation of persons and property of the

same class, in the same direction to any more distant station.

But excursion and commutation tickets may be issued at

special rates.

Sec. 4. No railroad, canal or other corporation, or the Parallel or c^m-

' ^ peting lines of

, , r> -1 1 1 transportation

lessees, purchasers or managers oi any railroad, canal, or cor- not to be consoli-
dated, or con-

poration shall consolidate the stock, property or franchises pStS. ^^ ^*"'*
of such corporation with or lease, or purchase the works or
franchises of, or in any way control any other railroad or
canal corporation owning or having under its control a par-
allel or competing line, nor shall any officer of such railroad
or canal corporation act as an officer of any other railroad or
canal corporation, owning or having control of a parallel or
competing line ; and the question whether railroads or canals
are parallel or competing lines, shall, when demanded by the
party complainant, be decided by a jury as in other civil
issues.

Sec. 5. No president, director, officer, agent or employe prohibitions

upon officers, etc.

of any railroad or canal company, shall be interested, directly cJmp3sy''''*'*'°
or indirectly, in the furnishing of materials or supplies to
such company, or in the business of transportation as a com-
mon carrier of freight or passengers over the works owned,
leased, controled^or worked by such company. Nor in any
arrangement which shall afford more advantageous terms, or
greater facilities than are offered or accorded to the public.
And all contracts and arrangements in violation of this sec-
tion shall be void.

Sec. 6. No discrimination in charges, or facilities for Discrimination of

charges between

transportation, shall be made between transportation compa- companfes'' * Ind

individuals, pro-

Dies and individuals, or in favor of either by abatement, ^'^^^*^**-
7 ^



50 CONSTITUTION OF THE [Art. 17.

Preferences in drawback or Otherwise; and no railroad or canal company,

furnishing cars or

JfrohiMted.^^'^' or any lessee, manager or employe thereof shall make any

preferences in furnishing cars or motive power.
General Assem- Sec. 7- The General Assembly shall prevent by law the

sembly to pre-

passef to*office?s granting of free passes by any railroad or transportation com-

of the State.

pany to any officer of this State, Legislative, Execut(i)ve or
Judicial.
Conditions of re- Sec. 8. The General Assembly shall not remit the forfei-

mission of for-

Jr'*iegis*iltkfn *fo- tuFC of the charter of any corporation now existing, or alter

vorable to corpo-
rations. QY amend the same, or pass any general or special law for the

benefit of such corporation, except on condition that such

corporation shall thereafter hold its charter, subject to the

provisions of this Constitution.

Eminent domain Sec. 9. The excrcise of the right of eminent domain shall

over property of

corporations. ^gygj. \)q abridged or so construed as to prevent the General
Assembly from taking the property and franchises of incor-
porated companies, and subjecting them to public use — the
same as the property of individuals.

Legislation to Sec. 10. The General Assembly shall pass laws to correct

prevent abuses by

com^ame?**'^" abuses and prevent unjust discrimination and excessive
charges by railroad, canal and turnpike companies for trans-
porting freight and passengers, and shall provide for enforc-
ing such laws by adequate penalties and forfeitures.

Moveable proper- Sec. 11. The rolling stock and all other movablc property

ty of corpo-

prop°/ty:^^^^°°''^ belonging to any railroad company or corporation in this
Nottobeexempt- State shall be considered personal property and shall be

ed from taxa-

***'°' liable to execution and sale, in the same manner as the per-

sonal property of individuals, and the General Assembly
shall pass no law exempting any such property from execu-
tion and sale.

Damages.by rail- Sec. 12. All railroads, which are now or may be hereafter

roads, to persons ' •'

built and operated either in whole or in part in this State,
shall be responsible for all damages to persons and property,



Art. 18.] STATE OF ARKANSAS. 51

under such regulations as may be prescribed by the General
Assembly.

Sec. 13. The directors of every railroad corporation shall Annual report of

railroad compa-

annually make a report under oath to the Auditor of public niesto Auditor,
accounts, of all of their acts and doings, which report shall in-
clude such matters relating to railroads as may be prescribed
by law, and the General Assembly shall pass laws enforcing
by suitable penalties, the provisions of this section.



ARTICLE XVIII.

Judicial Circuits.

Until otherwise provided by the General Assembly, the J^u^d ^
Judicial Circuits shall be composed of the following coun-
ties :

First — Phillips, Lee, St Francis, Prairie, Woodruff, White, ist circuit.
and Monroe. Second — Mississippi, Crittenden, Cross, Poin- 2d circuit,
sett, Craighead, Greene, Clayton and Randolph. Third — 3d circuit.
Jackson, Independence, Lawrence, Sharp, Fulton, Izard,
Stone and Baxter. Fourth — Marion, Boone, Searcy, ~^ew- 4th circuit,
ton, Madison, Carroll, Benton, and Washington. Fifth — 5th circuit.
Pope, Johnson, Franklin, Crawford, Sebastian, Sarber, and
Yell. Sixth — Lonoke, Pulaski, Van Buren and Faulkner. 6th circuit.
Seventh — Grant, Hot Springs, Garland, Perry, Saline and 7th circuit.
Conway. Eighth — Scott, Montgomery, Polk, Howard, 8th circuit.
Sevier, Little River, Pike and Clark. IITinth — Hempstead, 9th circuit.
Lafayette, Nevada, Columbia, Union, Ouachita and Calhoun.
Tenth — Chicot, Drew, Ashley, Bradley, Porsey, and Dallas, loth circuit.
Eleventh — Desha, Arkansas, Lincoln and Jefferson. nth circuit.

Until otherwise provided by the General Assembly, the terms of Cir-
cuit Courts.
Circuit Courts shall be begun and held in the several coun-
ties as follows

first circuit 1st Circuit.

White,— First Monday in February and August. Wood-
ruff—Third Monday in February and August. Prairie—



52



CONSTITUTION OF THE



[Art. 18.



Second Monday after the third Monday in February and
August. Monroe — Sixth Monday after third Monday in
February and August. St. Francis — Eight(h) Monday after
the third Monday in February and August. Lee — Tenth
Monday after the third Monday in February and August.
Phillips — Twelfth Monday after the third Monday in Feb-
ruary and August.

2d Circuit. SECOND CIRCUIT

Mississippi — First Monday in March and September.
Crittenden — Second Monday in March and September.
Cross — Second Monday after the second Monday in March
and September. Poinsett — Third Monday after the second
Monday in March and September. Craighead — Fourth Mon-
day after the second Monday in March and September.
Greene — Sixth Monday after the second Monday in March
and September. Clayton — Seventh monday after the second
monday in March and September. Randolph — Ninth mon-
day after the second monday in March and September.

3d Circuit. THIRD CIRCUIT

Jackson — First monday in March and September. Law-
rence — Fourth monday in March and September. Sharp —
Second monday after the fourth monday in March and Sep-
tember. Fulton — Fourth Monday after the fourth monday
in March and September. Baxter — Sixth monday after the
fourth monday in March and September. Izard — Seventh
monday after the fourth monday in March and September.
Stone — Ninth monday after the fourth monday in March
and September. Independence — Tenth monday after the
fourth monday in March and September.

4th Circuit. FOURTH CIRCUIT.

Marion — Second monday in February and August. Boone—
Third monday in February and August. Searcy — Second
monday after the third monday in February and August.



Art. 18.] STATE OF ARKANSAS. 53

Newton — Third monday after the third monday in February
and August. Carroll — -Fourth monday after the third Mon-
day in Jb'ebruary and August. Madison — Fifth monday after
the third monday in February and August. Benton — Sixth
monday after the third monday in February and August.
Washington — Eighth monday after the third monday in
February and August.

FIFTH CIRCUIT. 5th Circuit.

Greenwood District, Sebastian county — Third monday in
February and August. Fo[u]rt[h] Smith District, Sebastian
county — First monday after the fourth monday in February
and August. Crawford county — Fourth monday after the
fourth monday in*February and August. Franklin county —
Sixth monday after the fourth monday in February and
August. Sarber county — Eighth monday after the fourth
monday in February and August. Yell county — Tenth mon-
day after the fourth monday in February and August. Pope
county — Twelfth monday after the fourth monday in Feb-
ruary and August. Johnson county — Fourteenth monday
after the fourth monday in February and August.

SIXTU CIRCUIT. 6th Circuit.

In the county of Pulaski on the first monday in February,
and continue twelve weeks if the business of said court re-
quire it. In the county of Lonoke, on the first monday suc-
ceeding the Pulaski court, and continue two weeks if the
business of said court require it. In the coanty of Faulk-
ner on the first monday after the Lonoke court, and con-
tinue two weeks if the business of said court require it.
In the county of Van Buren on the first monday after the
Faulkner court, and continue two weeks if the business of
said court require it.

FALL TERM, SIXTH CIRCUIT Fall . Term-6th

Circuit,

In the county of Pulaski on the first monday in October,
and continue seven weeks if the business of said court require



54



CONSTITUTIOI!^ OF THE



[Art. 18.



it. In the county of Lonoke on the first monday next after
the Pulaski court and continue two weeks if the business of
said court require it. In the county of Faulkner, on the
first monday after the Lonoke Court, and continue one week
if the business of said Court require it. In the county of
Van Buren on the first monday after the Faulkner Court and
continue one week if the business of said Court require it.

7th Circuit. SEVENTH CIRCUIT.

Hot Springs — Second Monday in March and September.
Grant — Third Monday in March and September. Saline —
Fourth Monday in March and September. Conway — Second
Monday after fourth Monday in March and September.
Perry — Fourth Monday after the fourth Monday in March
and September. Garland — Fifth Monday after the fourth
Monday in March and September

8th Circuit. EIGHTH CIRCUIT

Montgomery — First Monday in February and August.
Scott — First Monday after the first Monday in February and
August. Polk — Second Monday after the first Monday in
February and August. Sevier — Third Monday after the
first Monday in February and August. Little Eiver — Fifth
Monday after the first Monday in February and August.
Howard — Seventh Monday after the first Monday in Feb-
ruary and August. Pike — Eighth Monday after the first
Monday in February and August. Clark — Mnth Monday
after the first Monday in February and August.

9th Circuit. - NINTH CIRCUIT

Calhoun — First Monday in March and September. Union —
Second Monday after the first Monday in March and Septem-
ber. Columbia — Fourth Monday after the first Monday in
March and September. Lafayette — Sixth Monday after the
first Monday in March and September. Hempstead — Eighth



Art. 19.] STATE OF AKKANSAS. 55



Monday after the first Monday in March and September.
;^evada — Eleventh Monday after the first Monday in March
and September. Ouachita — Thirteenth Monday after the
first Monday in March and September.

TENTH CIRCUIT lOtli Circuit.

Dorsey — Third Monday in February and August. Dal-
las first Monday in March and September. Bradley —
Second Monday in March and September. Ashley ^-Third
Monday in March and September. Drew — Second Monday
after the third Monday in March and September. Chicot —
i Durth Monday after the third Monday in March and Sep-
t jjmber.

ELEVENTH CIRCUIT. 11th Circuit.

In the county of Desha on the first Monday in March and
September. In the County of Arkansas on the fourth Mon •
day in March and September. In the county of Lincoln on
the third Monday after the fourth Monday in March and
September. In the county of Jefferson on the sixth Monday
after the fourth Monday in March and September.



ARTICLE XIX.

Miscellaneous Provisions.

Sec. 1. ISTo person who denies the being of a God shall Disqualifica-
tions of atheists,
hold any office in the civil departments of this State, nor be

competent to testify as a witness in any Court.

Sec. 2. No person who may hereafter fight a duel, assist Duelling,
ill the same as secolid, or send, accept, or knowingly carry a
challenge therefor, shall hold any office in the State, for a
period of ten years; and may be otherwise punished as the
law may prescribe.

Sec. 3. No person shall be elected to, or appointed to fill Electors, only,

qualified for of-

a vacancy in any office, who does not possess the qualifica- ^°®-
tions of an elector.



56 COIirSTITUTION' OF THE [Aet. 19.

Residence, etc., Sec. 4. All civil officers for the State at larffe shall reside

ofcflSeers,

within the State, and all district, county and township
officers within their respective districts, counties and town-
ships, and shall keep their offices at such places therein as
are now, or may hereafter be, required by law.
Officers to contin- Sec. 5. All officcrs shall coutinuc in office; after the

ue in office till

suc*cess*o^rs°° ° cxpiratiou of their official terms until their successors are
elected and qualified

Plurality of of- Sec. 6. ITo pcTson shall liold, or perform the duties of
more than one office in the same department of the govern-
ment at the same time, except as expressly directed or per-
mitted by this Constitution

Forfeiture of res- Sec. 7. Abscncc Oil busiiiess of tlic State, or of the United

idence.

States, or on a visit, or on necessary private business, shall
not cause a forfeiture of residence once obtained.
Deductions from Sec. 8. It shall be the duty of the General Assembly to

salaries of of- '' "

regulate by law in what cases, and what deductions from the
salaries of public officers, shall be made for neglect of duty
in their official capacity.
Creation of ad- Sec. 9. The General Assembly shall have, no power to

ditional perma-

prohibited."^"^^* Create any permanent State office, not expressly provided for

by this Constitution.
Returns of eiec- Sec. 10. Rctums for all clcctions, for officers who are to

tion, to whom

™'^^®' be commissioned by the Governor, and for members of the

General Assembly, except as otherwise provided by this
Constitution, shall be made to the Secretary of State.

Salaries of State Sec. 11. The Govcmor, Secretary of State, Auditor,

officers.

Treasurer, Attorney General, Judges of the Supreme Court,
Judges of the Circuit Court, Commissioner of state lands,
and Prosecuting; Attorneys shall each receive a salary to be
established by law, which shall not be increased or dimin-
Fees pertaining ishcd during their respective terms, nor shall any of them,

to State offices.

except the prosecuting attorneys, after the adoption of this
Constitution, receive to his own use any fees, costs, perqui-



Art. 19.] STATE OF ARKANSAS. 57

sites of office, or other compensation ; and all fees that may
hereafter be payable by law for any service performed by
any officer mentioned in this section, except Prosecuting
Attorneys shall be paid in advance into the State Treasury.
Provided that the salaries of the respective officers herein Maximum saia-

^ ries of State of-

mentioned shall never exceed per annum :

For Governor the sum of $4,000.^^: For Secretary of
State the sum of $2,500.^^: For Treasurer the sum of
$3,000.^^: For Auditor the sum of |3,000.^^: For Attorney-
General the sum of $2500.^^ : For Commissioner of State
Lands the sum of $2500.^^: For Judges of the Supreme
court each, the sum of $4000.^^: Tor Judges of the Circuit
Courts and Chancellors, each the sum of |3000.^^: For
Prosecuting Attorney the sum of $400. j^^^:

And provided further that the General Assembly shall pro- increase of sala-
ries of members

vide for no increase of salaries of its members which shall sembiy"*^^*^ ^^'
take effect before the meeting of the next General Assembly

Sec. 12. An accurate and detailed statement of the Publication of re-
ceipts and ex-
receipts and expenditures of the public money, the several pub?/o*mow. ^^

amounts paid, to whom and on what account, shall, from

time to time, be published as may be prescribed by law.

Sec. 13. All contracts for a greater rate of interest usury.

than ten per centum per annum shall be void, as to principal

and interest, and the General Assembly shall prohibit the

same by law ; but when no rate of interest is agreed upon, Rate of interest.

the rate shall be six per centum per annum.



Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 7 of 25)