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Sec. 14. No lottery shall be authorized by this State, nor Lotteries prohib-
ited,
shall the sale of lottery tickets be allowed.

Sec. 15. All stationery, printing, paper, fuel, for the use contracts for sta-
tionery, fuel,
of the General Assembly and other departments of govern- f;re,"°^etc.f''7ir

State govern-
ment, shall be furnished, and the printing, binding and dis- ^^^nt.

tributing of the laws, journals, department reports, and all

other printing and binding, and the repairing and furnishing

the halls and rooms used for the meetings of the General



58 C0:N^STITUTI0N of the [Art. 19.

Assembly and its committees, shall be performed under con-
tract, to be given to the lowest responsible bidder, below
such maximum price and under such regulations as shall be
prescribed by law. l^o member or officer of any department
of the government shall in any way be interested in such
contracts, and all such contracts shall be subject to the
approval of the Governor, Auditor and Treasurer.
Contracts for Sec. 16. All coutracts for erectins^ or repairine^ public

public buildings, * r O r

ri ges. e c. buildiugs or bridges in any county, or for materials therefor ;

For care of pau- or, for providing for the care and keeping of paupers, where
there are no alms houses, shall be given to the lowest
responsible bidder, under such regulations as may be pro-
vided by law.

Revision, pubii- Sec. 17. Tlic laws of this State, civil and criminal, shall

cation, etc., of

^^'"^' be revised, digested, arranged, published and promulgated at

such times, and in such manner as the General Assembly
may direct.

Security of min- Sec. 18. The General Assembly, by suitable enactments,

ers and travel-

^®^^' shall require such appliances and means to be provided and

used, as may be necessary to secure, as far as possible, the
lives, health and safety of persons employed in mining, and
of persons traveling upon railroads, and by other public con-
veyances, and shall provide for enforcing such enactments by
adequate pains and penalties

Education of deaf Sec. 19. It shall be the duty of the General Assembly to

and dumb, blind, "^ -^

an insane. provide, by law, for the support of institutions for the edu-
cation of the deaf and dumb, and of the blind; and also for
the treatment of the insane.

Oath of office. Sec. 20. Senators and Representatives and all judicial

and executive, state and county officers, and all other officers
both civil and military, before entering on the duties of their
respective offices shall take and subscribe to the following

oath or affirmation : " I do solemnly swear (or affirm)

that I will support the Constitution of the United States,



Art. 19.] STATE OF ARKAiTSAS. 59

and the Constitution of the State of Arkansas, and that I

will faithfully discharge the duties of the office of upon

which I am now about to enter. "

Sec. 21. The sureties upon the official bonds of all State Sureties upon

^ official bonus,

officers shall be residents of, and have sufficient property
within, the State, not exempt from sale under execution,
attachment or other process of any court, to make good
their bonds, and the sureties upon the official bonds of all
county officers shall reside within the counties where such
officers reside, and shall have sufficient property therein, not
exempt from such sale, to make good their bonds.

Sec. 22. Either branch of the General Assembly, at a Amendments to

Constitution,

regular session thereof, 'may propose amendments to this ^"^^ °^'^*'^^*^*^*
Constitution ; and if the same be agreed to by a majority of
all the members elected to each house, such proposed amend-
ments shall be entered on the journals with the yeas and
nays, and published in at least one newspaper in each county. To be published :
where a newspaper is published, for six months immediately
preceding the next general election for Senators and Repre-
sentatives, at which time the same shall be submitted to the And submitted to

the people.

electors of the State, for approval or rejection ; and if a major-
ity of the electors voting at such election adopt such amend-
ments, the same shall become a part of this Constitution. But Not more than

three to be pro-

no more than three amendments shall be proposed or sub- teTat'slmetim'e"
mitted at the same time. They shall be so submitted as to separate ratifica-

" tionofeach.

enable the electors to vote on each amendment separately.

Sec. 23. Ko officer of this State, nor of any county, city Maximum of of-

' ** >i T d ficers salary and

or town, shall receive directly or indirictly for salary, fees ^^^^'

and perquisites more than Five thousand dollars, nett, profits

per annum in par funds, and any and all sums in excess of Disposition of ex-

" cess received.

this amount shall be paid into the State County City or
Town Treasury, as shall hereafter be directed by appropriate
legislation.



60 CO:NrSTITUTIOK OF THE [Schedule.

Contested eiec- Sec. 24. The General Assembly shall provide by law the

lions not herein

v?decf fo!I^ ^'^°~ mode of contesting elections in cases not specifically pro-
vided for in this Constitution.

Seal of the State. Sec. 25. Thc present seal of the State shall be and remain
the Seal of the State of Arkansas until otherwise provided by
law and shall be kept and used as provided in this Constitu-
tion.

oflScers eligible Sec. 26. Militia officcrs, officers of the Public Schools,

to executive and

judicial office. ^^^ iNTotarics may be elected to fill any executive or Judicial

office.
Assessments on Sec. 27. N^othiug in this Constitution shall be so con-

real property, for.

ments, i™to°wns strucd as to prohibit the General Assembly from authorizing

and cities. ;

assessments on real property for local improvements, in
towns and cities under such regulations as may be prescribed
by law ; to be based upon the consent of a majority in value
of the property holders owning property adjoining the local-
ity to be afi'ected. But such assessments shall be ad-valo-
.rum .and uniform.



SCHEDULE.

Retention of ex- Sec. 1. All laws uow iu forcc, which are not in conflict or

isting laws.

inconsistent with this Constitution, shall continue in force
Effect of exemp- Until amended or repealed by the General Assembly, and all

tion laws in force

Con.stituUon of l^ws exempting property from sale on execution or by decree

1868".

of a court; which were in force at the time of the adoption

of the Constitution of 1868, shall remain in force with regard

Distinction be- to contracts made before that time. Until otherwise provided

tween sealed and

men\^!^** instru- ^y law, HO distinction shall exist between sealed and unsealed
instruments, concerning contracts between individuals,
executed since the adoption of the Constitution of 1868,
Provided, that the statutes of limitation with regard to
sealed and unsealed instruments in force at that time, con-
tinue to apply to all instruments afterwards executed, until
altered or repealed.



Schedule.] STATE OF AKKANSAS. 61

Sec. 2. In civil actions, no witness shall be excluded be- Competency of
cause he is a party to the suit, or interested in the issue to be
tried; Provided, That in actions by or against executors,
administrators or guardians, in which judgment may be ren-
dered for or against them, neither party shall be allowed to
testify against the other as to any transactions with or state-
ments of the testator, intestate or ward, unless called to tes-
tify thereto by the opposite party ; Provided, further, that
this section may be amended or repealed by the General As-
sembly.

Sec. 3. An election shall be held at the several election First general

election for ofiQ-

precincts of every county of the State, on Tuesday, the 13th forsubmfsslonTf

Constitution to

day of October, 1874, for Governor, Secretary of State, Audi- the people.
tor, Treasurer, Attorney General, Commissioner of State
Lands for two years, unless the office is sooner abolished by
the General Assembly, Chancellor, and Clerk of the Separate
Chancery Court of Pulaski County, Chief Justice and two
Associate Justices of the Supreme Court, a Circuit Judge and
Prosecuting Attorney for each Judicial Circuit provided for
in this Constitution, Senators and Representatives to the
General Assembly, all County and Township officers ]3ro-
vided for in this Constitution ; and also for the submission of
this Constitution to the qualified electors of the State, for its
adoption or rejection.

Sec 4. The qualification of voters at the election to be Qualifications of

voters thereat.

held as provided in this schedule shall be the same as is now
prescribed by law.

Sec. 5. The State Board of Supervisors hereinafter men- Notice thereof,
tioned shall give notice of said election immediately after
the adoption of this Constitution by this Convention, by
proclamation in at least two newspapers published at Little
Rock, and such other newspapers as they may select. And
each County Board of Supervisors shall give public notice,
in their respective counties, of said election, immediately
after their appointment.



62 COKSTITUTIOK OF THE [Schedule.

Governor's proc- Sec. 6. The Govemor shall also issue a proclamation

lamation enjoin-

sucif efection!'^ ** enjoining upon all peace officers the duty of preserving good
order on the day of said election, and preventing any dis-
turbance of the same.

State Board of Sec. 7. Augustus H. Garland, Gordon N. Peay and Dud-

Supervisors of '^ i j

ley E. Jones are hereby constituted a State Board of Super-
visors of said election, who shall take an oath faithfully and
impartially to discharge the duties of their office, a majority
of whom shall be a quorum, and who shall perform the duties

Vacancies there- herein assigned them. Should a vacancy occur in said Board
by refusal to serve, death, removal, resignation or otherwise,
or if any member should become incapacitated from per-
forming said duties, the remaining members of the Board
shall fill the vacancy by appointment. But if all the places
on said Board become vacant at the same time, the said
vacancies shall be filled by the President of this Convention.

County Boards of Sec. 8. Said State Board shall at once proceed to

Supervisors of ^

appoint a Board of Election Supervisors for each county of
this State, consisting of three men of known intelligence
and uprightness of character, who shall take the same oath
as above provided for the State Board. A majority of each
Board shall constitute a quorum, and shall perform the duties

Vacancies there- herein assigned to them ; and vacancies occurring in the
County Boards shall be filled by the State Board.

Poll-books and Sec. 9. The State Board shall provide the form of poll-

ballot-boxes for

the election. feooks, and cach County Board shall furnish the judges of
each election precinct with three copies of the poll-books in
« the form prescribed; and with ballot boxes, at the expense of

the County.

Distribution, to Sec. 10. The State Board of Supervisors shall cause to be

officers of the

ele

of

this Constitution to supply each County Supervisor and
Judge of election with a copy and shall forward the same to
the County Election Boards for distribution*



of'*the°'conTtftu- fumishcd in pamphlet form a sufficient number of copies of

tion.



Schedule.] STATE OF ARKANSAS. 63

Sec. 11. The Boards of County Election Supervisors shall Judges, of the

'' ^ election, and

at once proceed to appoint three judges of election for each
election precinct in their respective counties and the judges
shall appoint three election clerks for their respective pre-
cincts all of whom shall be good competent, men, and take
an oath as prescribed above. Should the judges of any elec- Caseof absence of
tion precinct fail to attend at the time and place provided by poUs!°"' ^^^
law, or decline to act, the assembled electors shall choose
competent persons, in the manner provided by law to act in
their place, who shall be sworn as above. ,

Sec. 12. Said election shall be conducted in accordance Conduct of the

election.

with existing; laws except as herein provided. As the elec- Qualifications of

° -^ voters, how de-

tors present themselves at the polls to vote, the judges of the "'^^'^;
election shall pass upon their qualifications, and the clerks of Registration.
the election shall register their names on the poll, books if
qualified; and such registration by said clerks shall be a
sufiicient registration in conformity with the Constitution of
this State, and then their votes shall be taken.

Sec. 13. Each elector shall have written or printed on style of ballot,
his ticket "For Constitution" or "Against Constitution"
and also the offices and the names of the candidates for the
offices, for whom he desires to vote.

Sec 14. The judges shall deposit the tickets in the ballot Deposit of tick-
box ; but no elector shall vote outside of the township or Elector to vote

only in township

ward in which he resides. The names of the electors shall de^ce'^** ""^ ^^^^'

Numbering of

be numbered, and the corresponding numbers shall be placed tickets.
on the ballots by the judges when deposited.

Sec. 15. All dram shops and drinking houses in this Drinking houses

'^ to be closed, on

state, shall be closed during the day of said election, and the Jon.°^*^^ ^^^"^
succeeding night; and any person selling or giving away Saie or gift of in-
intoxicating liquors during said day or night, shall be pun- p'^^^^^^'^^**-
ished by fine not less than two hundred dollars, for each and
every oft'ence, or imprisoned not less than six months, or
both.



64 CONSTITUTION OF THE [Schedule.

Hours of voting. Sec. 16. The polls shall be opened at eight o'clock in the

Counting of bai- forcnoon, and shall be kept open until sunset. After the

polls are closed the ballots shall be counted by the judges at

the place of voting, as soon as the polls are closed, unless

prevented by violence or accident ; and the results by them

Disposition of re- certified on the poll-books, and the ballots sealed up. They

turns.

shall be returned to the County Board of Election Supervis-
ors, who shall proceed to cast up the votes and ascertain and
state the number of votes cast for the Constitution, and the
number cast against the Constitution, and also the number
Copies of abstract of votcs cast for cach Candidate voted for, for any office, and

of returns, bal- ' "^ '

book8^"wh^e''re shall forthwith for^vard to the State Board of Supervisors

filed. ^

duly certified by them, one copy of the statement or abstracts
of the votes so made out by them, retain one copy in their
possession, and file one copy in the office of the county
clerk, where they shall also deposit for safe-keeping the bal-
lots sealed up, and one copy of the poll books, retaining pos-
session of the other copies.

Ascertainment Sbc. 17. The State Board of Supervisors shall at once

and publication

uon'^^on^adopti^o^'n procced, ou receiving sach returns from the County Board to

of Constitution.

ascertain therefrom and state the whole number of votes
given for the Constitution, and the whole number given
against it; and if a majority of all votes cast be in favor of
the Constitution, they shall at once make public that fact by
publication in two or more of the leading newspapers pub-
Constitntion. if Hshcd in the city of Little Rock, and this Constitution from

adopted, in force

?ub?icat\onf ^"*^^ ^^^^ ^atc shall be in force; and they shall also make out and

Abstract of re-
turns of the eiec- file in the office of Secretary of State an abstract of all the

tion, to be filed ''

State. ^*^^^ '^^^ ° votes cast for the Constitution, and all the votes cast against
it; and also an abstract of all votes cast for every candidate
voted for at the election, and file the same in the office of the

List of members Secretary of State, showing the candidates elected. They

of General As-

be™^ier'tified*' to s^all also make out and certify, and lay before each House of

General Assem-

t'ly- the General Assembly, a list of the members elected to that



Schedule.] 8TATE OF AKKANSAS. 65



House ; and shall also make out, certify and deliver to the Abstract of re-

' " turns of election

Speaker of the House of Representatives, an abstract of all to'^be^drtified^^fo

Speaker of House

votes cast at the election for any and all persons for the tives:^^^'^^^^"**"

office of Governor, Secretary of State, Treasurer of State,

Auditor of State, Attorney General and Commissioner of

State Lands and the said Speaker shall cast up the votes, and ^^ *announced^

announce the names of the persons elected to these offices.

The Governor, Secretary of State, Treasurer of State, Audi- state ^®°®f^

tor of State, Attorney General and Commissioner of State duties."^""

Lands chosen at said election shall qualify and enter upon

the discharge of the duties of their respective offices within

fifteen days after the announcement or their election as

aforesaid.

Sec. 18. All officers shown to be elected by the abstract aii officers

•^ chosen at this

of said election filed by the State Board of Supervisors in the comSionc'd by

Governor.

office of the Secretary of State, required by this Constitution
to be commissioned, shall be commissioned by the Governor.

Sec. 19. At said election the qualified voters of each gi^st election of

i Representatives

county and Senatorial District as defined in article eight of
this Constitution, shall elect respectively Representatives and
Senators according to the numbers and apportionment con-
tained in said article. The Board of Election Supervisors of of^eiectfon ^*^**^^
each county shall furnish certificates of election to the per-
son or persons elected to the House of Representatives as
soon as practicable after the result of the election has been
ascertained and such Board of Election Supervisors in each
county shall make a correct return of the election for Sena-
tor or Senators to the Board of Election Supervisors of the
county first named in the Senatorial apportionment, and said
Board shall furnish certificates of election to the person or
persons elected as Senator or Senators in said Senatorial Dis-
trict as soon as practicable.

Sec. 20. All officers elected under this Constitution, officers elected,

other than State

except the Governor, Secretary of State Auditor of State, eSefuponThek

Treasurer, Attorney General and Commissioner of State
9



66 COXSTITITIOX OF THE [Sohedulb



Lands shall enter upon the duties of their several offices whei
tbej shall have been declared duly elected by said Stat<
Board of Supervisors, and shall have duly qualified. All
such officej-8 shall qualify and enter upon the duties of theii
offices within fifteen days after they have been duly notified
of their election.
Prior incuinbentg Sec. 21. Uoon the qualification of the officers elected at

to vacate their

''^''^^- said election, the present incumbents of the offices for which

the election is held shall vacate the sarae^ and turn over to
the officers thus elected and qualified, all books, papers,
records, moneys and documents belonging or pertaining to]
said offices by them respectively held. '

Time of con?en- Sec. 22. The first scssion of the General Assembly under

ing of first session

p^imbiy"^'^*^ ^^ this Constitution shall commence on the first Tuesday after

the second nionday in November 1874.
Transfer of juris- Sec. 23, The Couutv Courts providcd for in this Oonsti-

dictionfrom "

SS^o^Co^J'nty tution shall be regarded in law, as a continuation of the

Courts:

Courts to' ch'cuit ^o^rds of Supervisors now existing by law, and the Circuit
Courts shall be regarded in law as continuations of the Crimi-
nal Courts wherever the same may have existed in their

And of probate respective counties; and the Probate Courts shall be re-
business to Pro-
bate Courts, garded as continuations of the Circuit Courts for the busi-
ness within the jurisdiction of such Probate Courts, and
the papers and records pertaining to said Courts and juris-
dictions shall be transferred accordingly ; and no suit or
prosecution of any kind shall abate because of any change
made in this Constitution.
Present incum- Sec. 24. All officcrs now in office whose offices are not

bents to continue

fi"atfon*of'^"uc- abolished by this Convention, shall continue in office and

cessors.

discharge the duties imposed on them by law, until their suc-
cessors are elected and qualified under this Constitution.
CommisBioner of The office of Commissioner of State Lands shall be continued.

State Lands. '

provided, that the General Assembly at its next session may
abolish or continue the same in such manner as may be pre-
scribed by law.



Schedule] STATE OF ARKANSAS. 67

Sec. 25. Any election officer appointed under the pro- Penaity^ofjraud
visions of this schedule, who shall fraudulently and cor-
ruptly permit any person to vote illegally, or refuse the vote
of any qualified elector, cast up or make a false return of said
election, sliall be deemed guilty of a felony, and on convic-
tion thereof, shall be imprisoned in the Penitentiary not less
than live years nor more than ten years. And any person ur other persons.
who shall vote when not a qualified elector, or vote more
than once, or bribe any one to vote contrary to his wishes,
or intimidate or prevent any elector by threats, menace or
promises from voting, shall be guilty ot a felony and upon
conviction thereof, shall be imprisoned in the penitentiary
not less than one nor more than five years.

Sec. 26. All officers elected atthe election provided for in Tenure of office of

officers chosen at

this Schedule shall holdtheir offices for the respective periods, '^le election.

provided for in the foregoing Constitution, and until their

successors are elected and qualified. The first general elec- Time of next

general election.

tions after the ratification of this Constitution shall be held

on the first Monday of September A. 1). 1870. Nothing in Election of Con-
gressmen.

this Constitution and the Schedule thereto, shall be so con-
strued as to prevent the election of Congressmen at the time
as now prescribed by law.

Sec. 27. The sum of five thousand dollars is hereby ap- Appropriation to

defray expenses

propriated out of any money in the Treasury not otherwise '*^'*^'^'''^*'^'''"-
appropriated to defray the expenses of the election provided
for in this Schedule, and the Auditor of State shall draw his
warrant on the Treasurer for such expenses not exceeding
said amount on the certificate of the State Board of Super-
visors of election

Sec. 28. For the period of two years from the adoption Present salaries

of St*te officers.

of this Constitution, and until otherwise provided by law the
respective officers herein enumerated shall receive for their
services the following salaries per annum.

For Governor the sum of |3,500 ^^: For Secretary ot
State the sum of $2,000 ^^: For Treasurer the sum of



68 COi^STITUTION OF THE [Schedule.

$2,500 ^^: For Auditor the sum of $2,500 ^^: For Attor-
ney General the sum of $2,000 ^^: For Commissioner of
State Lands the sum of $2,000 ^^ : For Judges of the Su-
preme Court, each the sum of $3,500 ^^ : For Judges of
Circuit and Chancery Courts each the sum of $2,500 ^^:
For Prosecuting Attorneys each the sum of $400 ^^ : For
Per diem and Members of the Greneral Assembly the sum of $6. ^^ per

mileage of mem- *'

AYsembiy?^"*"^'^' day, and twenty cents per mile for each mile travelled in
going to and returning from the seat of Government, over
the most direct and practicable route.

Done in Convention, at Little Bock, the Seventh day of

September in the year of our Lord One Thousand eight

hundred and seventy four, and of the Independence of

the United States the ninety-ninth.

In Witness Whereof, we have hereunto subscribed, our

names.

GRAJ^DISOX D. R0Y8T0N,

President of the Convention, and
Delegate from the County of Hempstead.

Thomas W. ITewton,

Secretary.

A. M. RODGERS, Delegate from Benton County.
HORACE H. PATTERSON, Delegate from Benton County.
W. W. BAILY, Delegate from Boone County.
JNO. R. HAMPTON, Delegate from Bradley County.
JOHN W. CYPERT, Delegate from Baxter County.
BRADLEY BUNCH, Delegate from Carroll County.
JESSE A. ROSS, Delegate from Clark County.
H. F. THOMASON, " " Crawford "

W. D. L^IPER, Delegate from Dallas County.



Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 8 of 25)