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WM. J. THOMPSON, Delegate from Woodruff County.
JAMES A. GIBSON, Delegate from Arkansas County.
HENRY W. CARTER, Delegate from Pike County.
DANIEL F. REINHARDT, Delegate from Prairie County.



STATE OF ARKA:N^SAS.



ELIJAH MOSELEY, Delegate from Ouachita County.
STEPHE:Nr C. BATES, Delegate from Polk County.
O. P. SMOOTE, Delegate from Columbia County.

D. L. KILLGORE, Delegate from Columbia County.
WILLIAM S. HANNA, Delegate from Conway County.
JOHN S. ANDERSON, Delegate from Craighead County.
J. G. FRIERSON, Delegate from Cross County.

E. FOSTER BRO WN, Delegate from Clayton County.
JAS. P. STANLEY, Delegate from Drew County.
JOHN NIVEN, Delegate from Dorsey County.

WILLIAM W. MANSFIELD, Delegate from the County of Franklin.

JOHN DUNAWAY", Delegate from the County of Faulkner.

DAVIDSON D. CUNNINGHAM, Delegate from the County of Grant.

BEN. H. CROWLY, Delegate from the County of Greene.

II. M. RECTOR, Delegate from Garland County.

JNO. R. EAKIN, Delegate from Hempstead County.

W. C. KELLY, Delegate from Hot Spring County.

J. W. BUTLER, Delegate from Independence County.

JAMES RUTHERFORD, Delegate from Independence County.

RANSOM GULLEY, Delegate from Izard County.

FRANKLIN DOS WELL, Delegate from Jackson County.

JNO; A. WILLIAMS, Delegate from Jefferson County.

SETH J. HOWELL, Delegate from Johnson County.

PHILIP K. LESTER, Delegate from Lawrence County.

J. H. WILLIAMS, Delegate from Little River County.

J. P. EAGLE, Delegate from Lonoke County.

REASON G. PUNTNEY, Delegate from Lincoln County.

MONROE ANDERSON, Delegate from Lee County.

JOHN CARROLL, Delegate from Madison Co.

S. P. HUGHES, Delegate from Monroe County.

NICHOLAS W. CABLE, Delegate from Montgomery County.

CHARLES BO WEN, Delegate from Mississippi County.

R. K. GARLAND, Delegate from Nevada County.

HENRY G. BUNN, Delegate from Ouachita County.



V



70 CONSTITUTIOK OF ARKANSAS.



W. IT. BLACKWELL, Delegate from P-erry County.

JNO. J, HORXOR, Delegate from Phillips County.

JNO. R. HOMER SCOTT, Delegate from the County of Pope.

JOHN MILLER, JR., Delegate from the County of Randolph,

SIDNEY M. BARNES, Delegate from the County of Pulaski.

JABEZ M. SMITH, Delegate from Saline County.

BEN. B. CHISM, Delegate from the County of Sarber.

J. W. SORRELS, Delegate from Scott County.

W. S. LINDSEY, Delegate from Searcy County.

R. P. PULLIAM, Delegate from Sebastian County.

W. M. FISHBACK, Delegate from Sebastian County.

B. H. KINSWORTHY^ Delegate from Sevier County.

LEWIS WILLIAMS, Delegate from Sharp County.

JOHN M. PARROTT, Delegate from Saint Francis County.

WALTER J. CAGLE, Delegate from Stone County.

HORATIO G. P. WILLIAMS, Delegate from Union County.

ROBT. GOODWIN, Delegate from Union County.

A. R. WITT, Delegate from Van Buren Co.

R. P. POLK, Delegate from Phillips County.

T. W. THOMASON, Delegate from VYashington County.

BENJAMIN F. WALKER, Delegate from Washington County.

M. F. LAKE, Delegate from Washington Co.

JESSE N. CYPERT, Delegate from White County.

J. W. HOUSE, Delegate from White County.

JOSEPH T. HARRISON, Delegate from Yell County.

MARCUS L. HAWKINS, Delegate from Ashley County.

EDWIN R. LUCAS, Delegate from Fulton County.

BENJAMIN W. JOHNSON, Delegate from Calhoun County.

RODERICK JOYNER, Delegate from Poinsett County.



A]^ INDEX

(CHIEFLY ANALYTICAL)



TO THE



CONSTITUTION OF ARKANSAS.



[Note.— In the column headed " Art.," the letters Pr. and Sc, respectively, signify the Preamble, and
the Schedule.]



A.



Sec. Page.



ABATEMENT of actions, not to take place because of change made in
this Constitution

Abolition of government, Right of the people to

Afegence of Governor from the State, Case of

of President of the Senate from the State, during vacancy in

of&ce of. Governor, Case of

on business of descriptions specified, to cause no forfeiture of

residence

Absent Members of General Assembly, Attendance of, compellable by

number less than quorum

u4cco!m( of all public money to be rendered by collectors, holders, etc.,
before they shall become eligible to General Assembly, or

office of trust or profit

AccountB of receipts and expenditures of public money. Publication of...

Accutation, Right of accused to be informed of.-.

Right of accused to copy of.

Accused, Rights of, in criminal prosecutions for libel

Rights of, in criminal prosecutions generally

Acting Governor— SQQ President oj Senate, and Speaker of House of Rep-
resentatives.
Action, Right of, for injuries to persons or property, or resulting in death..

Actions against the State prohibited

relating to sixteenth section lands, or to money due therefor

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

inhabitants, against enforcement of illegal exactions

civil, competency of witnesses in

by or against executors, administrators, or guardians. Rule re-
specting testimony of parties in

not to abate because of change made in this Constitution

Ads, Style of

10



Sc


23


66


2


1


2


6


12, 13


18


6


13


' 18


19


7


56


5


11


11


5


8


11


19


12


57


2


10


4


2


10


4


2


6


3


2


8,10


3.4


5


32


15


5


20


13


.7


44


30


16


13


48


Sc


2


61


Sc


2


61


Sc


23


66


5


19


13


cv







IT.


Sec.


5


23


5


24, 25. 26


5


29


5


30


5


30


6


15


6


15


6


15


6


15


6


15


6


17


6


17


6


17



cvi INDEX TO CONSTITUTION.



Revival, amendment, and extension or conferment of provi-
sions, of.

local and special. Restrictions upon General Assembly, respect-
ing passage of y

But see, also, for full digest. " Special Legislation."

making appropriations, Reauisites of.

making general appropriations. Restriction on contents of.

Separate, and embracing, each, but one subject, required, to
make appropriations other than for ordinary expenses of leg-
islative, executive, and judicial departments of State

upon their passage by both houses of General Assembly, to be

presented to Governor for approval

disapproved by Governor, to be returned, with objections, to

house in which originated

returned, disapproved, by Governor, Reconsideration of.

returned, disapproved, by Governor, Passage of.

not returned by Governor within five days (with exceptions

stated) to become laws

making appropriations. Power of Governor to disapprove items

of.

making appropriations. Parts of, approved by Governor, to be

law

making appropriations. Items of. disapproved by Governor, to

be void unless repassed as prescribed in case of bill

Printing, binding, and distributing of. to be performed under
contract, to be given to lowest responsible bidder, belo w maxi-

• mum price, under reg ilations to be prescribed by law

See, also, Bills, and Laws, (the latter-named head espe-
cially.)

Address, to the government. Right of.

of General Assembly, for removal of State oflBcers

Adherence to enemies of the State, to constitute treason

Adjournment of Senate and House of Representatives, from day to day, in

absence of quorum

of either house of General Assembly, for more than three days,

without consent of the other, prohibited

of either house of General Assembly, without consent of the
other, to^eet at place other than that in which the two houses

shall be sitting, prohibited

of General Assembly, Effect of, upon bills in hands of Governor..
Joint or concurrent resolutions of both houses of General As-
sembly upon questions of, do not require approval of Gov-
ernor

Case of disagreement between the two houses of General Assem-
bly respecting time of

Administrators, Courts of Probate to have exclusive original jurisdiction,

as may be prescribed by law, in matters relative to

Homesteads subject to seizure, under judgments against, for

moneys collected by

Competency of. as witnesses, in actions by or against

Adoption of children. No special law to be passed, authorizing

Advantage, OflFer of, to influence action of public officer, or acceptance of,

by officer, constitutes felony ^ 35

Affinity on part of Judge or Justice of the Peace, to disqualify from pre-
siding at trial 7 , 20

Affirmation— BBQ Oath.

^flre of persons subject to militia duty 11 j

of persons entitled to gratuitous instruction in free schools 14 1

For age required as qualification to exercise'.right .of suffrage ,

and hold offices, see under the proper headings in each case.

Agentt [of the State], Extra compensation to, after the service shall have

been rendered, or contract made, prohibited, unless "allowed

by bill passed by two-thirds of members elected to each branch

of General Assembly

AgriciUture

bureau of. General Assembly may create

Agricultural interests of the State, General Assembly to pass laws fostering

and aiding

Aid to agricultural, mining, and manufacturing interests

Aid and comfort given to enemies of the State, to constitute treasoq



2


4


15


3


2


14


5


11


5


28



6


16


6


20


7 •


34


9

Sc
5


3
2
24



5


27


10




10


1


10


1


10


1


2


14



INDEX TO CONSTITUTION. cvii



Aldermen may serve as oflScers of election

Aliens, resident. Distinctions of law between, and citizens, in mattpr of

property, forever prohibited

Alleys, Vacating of, not to be effected by special law

Allodial, All lands in the State declared

Alloivances for or against counties, cities, or towns. Appeal from

Alms-houses, Contracts for care and keeping of paupers, where there are

no

Alteration of government. Right of the people to

of bills, on passage through either house, not to be such as to

change their original purpose

Amendment of bills, on passage through either house, not to be such as

to change their original purpose

of laws, not to be by reference to title only, but by re-enactment,

and publication, at length, of portions amended

of charters. Conditions of

Amendments to Constitution

Appeals from judgment of Circuit Courts, in matters of equity...

from judgments of County Courts and Courts of Common Pleas,

when established

from] Probate to Circuit Courts ;

from County Judge, in matter of orders for provisional writs
issued in absence of Circuit Judge from county

»from final judgment of Justices of the Peace, to Circuit
Courts
from allowances made for and against counties, cities, or towns
in contested elections for county, township, or municipal oflSces..
See Appellate jurisdiction (below.)

Appellate jurisdiction of Supreme Court

of Circuit Courts

Appointment of officers, civil or military, by General Assembly or either

house thereof

to fill vacancy in office of Treasurer, Secretary, or Auditor, of

State, or Attorney General

Governor to issue, to fill vacancy in office, where no other mode

for filling the same is provided by Constitution and laws

disqualifying holder for service as officer of election

of State Geologist

But see, more fully, under head of each office.

Apportionmtnt

of Representatives, to be made only at first regular session after

each census. State or Federal

Apprenticeship of minors. County Courts to have exclusive original juris-
diction in all matters relating to

Appropriation of private property for public use

Specific, by law, requisite to drawing of money from treasury...

(?5.000) to defray expenses ef election under Schedule

Appropriations, or payments of money, on any claim the subject matter of
which shall not have been provided for by pre-existingllaws,
prohibited, unless allowed by bill passed by two-thirds of

members elected to each branch of General Assembly

to be specific, and their purpose to be distinctly stated in bill...
Maximum amount of, in dollars and cents, to be specified in

bill

not to be for a longer period than two years

General, to embrace nothing but appropriations for ordinary
expenses of executive, legislative, and judicial departments

of State

other than for ordinary expenses of legislative, executive, and
judicial departments of State, to be made by separate bills,

each embracing but one subject

of money, except by vote of majority of two-thirds of both
houses of General Assembly, to be made only for certain

specified purposes

Power of Governor to disapprove items of.

Bills making. Parts of, approved by Governor, to be law

bills making.j Items of, disapproved by Governor, to be void

unless repassed as prescribed in case of bills

for expenses of the county. Justices of the Peace to sit with
County Judge in making



RT.


Sec.


Pagk,


3


10


8


2


20


5


5


24


14


2


28


7


7


51


32


19


16


58


2


1


2


5


21


13


5


21


13


5


23


14


17


8


50


19


22


59


7


15


24


7


33


28


7


35


28


7


37


29


7


42


30


7


51


32


7


52


32


7


4


22


7


14


24


5


14


12


6


22


21


6


Zi


21


3


10


8


10


2


40



7


28


27


2


22


6


5


29


15


5C


27


67


5


27


14


5


29


15


5


29


15


5


29


15



5


31


15


6


17


20


6


17


20


6


17


20


7


30


27



cviii INDEX TO CONSTITUTION.



Disbursements from treasury to be in accordance with

Approval, by Governor, of bills

of Governor required for joint and concurrent orders or reso-

tions, except on questions of adjournment

of State contracts

Area, Minimum, of counties

Arkaruas, Boundaries of the State of.

See, also. State,

Armament of the militia

Arm», Right of citizens to keep and bear, for their common defence

Army, Standing, not to be kept in time of peace

Army of the U. S., Action of grand jury not requisite in case of of-
fences arising in

Soldiers of, acquire no residence by reason of being stationed

in the State

Arrett, Privilege of freedom from, of members of General Assembly

Privilege of volunteers and militia from, during attendance

at musters, etc

Artillery, Volunteer companies of.

Attembly, peaceable. Right of.

Assegiment of property. Assessors to receive no per centum upon

of value of property or right of way appropriated to use of cor-
porations

of property, for purposes of taxation, Principles of

Aaaessmenta on real property, for local improvements in towns or cities....

As»e»sori, Election of.

Term of office of.

Duties of.

to receive no per centum upon valuation or assessment of prop-
erty

See, also. County Officers.
Aasistantt of collectors or holders of public money. Conditions of eligi-
bility of, to General Assembly, or office of trust or profit

AsBOciate Justices of SapTemeCoMTi— see Court, Supreme, Judges of.
Associations, General laws not to be suspended, by legislature, for benefit

of particular

Counties and municipal corporations prohibited; from obtaining

or appropriating money for, or loan of credit to

Atheists disqualified from holding civil office, or testifying as witnesses....
Attachment, Exemption from seizure on— see Exemption.

Attainder, Bill of, prohibited

Attestation of grants and commissions, to be by Secretary of State

Attornty General an officer of Executive Department

Term of office of.

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

how chosen

Returns of election of.

Case of tie in elections for

Contested elections for

ineligible to seat in either house of General Assembly

to hold no other .office, or commission, civil or military, in
this, or under any State, or the U. S., or any other power, at

one and same time

Salary of, etc

Salary of, during two years from adoption of Constitution

liable to impeachment

how removable upon address

Vacancy in office of

to perform such duties as may be prescribed by law

a member of Board of Canvassers of returns of election to fill

vacancy in office of Governor

First election for

chosen at first election. Return and announcement of elec-
tion of.

chosen at first election, when to enter upon discharge of duties..
Attorneys, Homesteads subject to seizure under judgments against, for

moneys collected for them

Attorneys, Prosecuting— see Prosecuting Attorneys.

Auditor of State an officer of Executive Department

Term of office of.



Art.


Sec.


16


12


6


15


6


16


19


15


13


1


11


1


2


5


2


27


2


8


3


7


5


15


11


3


11


2


2


4


7


46


12


9


16


5


19


27


7


46


7


46


7


46



12


5


19


1


2


17


6


10


6


1


6


1


6


1


6


3


6


3


6


3


6


4


5


7


6


22


,Sc


11, 28


Sc


28


15


1


15


3


6


22


6


22


6


14


Sc


3


Sc


17


Sc


17


9


3


6


1


6


1



INDEX TO CONSTITUTION. cix



B.



Art.


Sec.


Page.


6


1


16


6


3


16


6


3


16


6


3


17


6


4


17


5


7


11


6


22


21


19. Sc


11, 28


56. 67


Sc


28


67


15


1


45


15


3


45


6


22


21


6


22


21



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

how ehosen

Returns of election of.

Case of tie in elections for

Contested elections for

ineligible to seat in either house of General Assembly

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

Salary of, etc

Salary of, during two years from adoption of Constitution

liable to impeachment

how removable upon address

Vacancy in office of

to perform such duties as may be prescribed by law

Contracts for stationery, printing, paper, fuel, for use of Gen-
eral Assembly and other departments of government, print-
ing, binding, distributing of laws, journals, and department
reports, repairing and furnishing halls and rooms for use of
General Assembly, to be subject to approval of.

Publication of receipts and expenditures ol public money

Duty of, in matter of appropriation to defray expenses of elec-
tion under Schedule

First election for

chosen at first eleetion. Return and announcement of elec
tion of.

chosen at first election, when to enter upon discharge of

duties

See, also, " Auditor of Public Accounts," (below.)
See, also, for further duties of Auditor, and restrictions im-
posed upon his action, Apjyropriationa, Claims, Disburse-
ments, Expenditures, Payment, etc.
"'Auditor of Public Accounts," Railioad companies to make annual report

to 17 13 51

Authentication of official acts of Governor 6 9 18



19


15


57


19


12


57


Sc


27


67


Sc


3


61


Sc


17


64


Sc


17


65



Bail, Right to 2 8 4

in case of division of jury in criminal prosecution 2 8 3

Excessive, not to be required 2 9 4

jBaWot, All elections by the people to be by 3 3 8

Secrecy of the 3 3 8

of qualified elector, being refused, not counted, or not returned,

to be, nevertheless, counted upon trial of contest 3 11 9

Ba?iot« to be numbered in order in which received 3 3 8

Numbers of. to be recorded by election officers, on list of

voters, opposite name of electors presenting them 3 3 8

at election under Schedule, to be numbered Sc 14 63

at election under Schedule, Counting, sealing, and further dis-
position of.

Ballot-Boxes at election under Schedule

at election under Schedule, Disposition of, after election

Banishment, under any circumstances, prohibited

Benefit of the people one of the objects of the institution of government...

Bids on State contracts

Biennial sessions, Resrular, of General Assembly, when and where to be

held

Regular, of General Assembly, Duration of.

Biennial Elections — see Elections.

Bill, All laws to be passed by

Bill of attainder prohibited

Bill of RighU

See Declaration of Rights.
Bills not to be so altered or amended, on their passage through either

house, as to change their original purpose

to be read at length, on throe different days, in each house, un-
less rules suspended by two-thirds of the house (when they
may be read a second or third time gn the same day)



Sc


16


64


Sc


9


62


Sc


16


64


2


21


6


2


1


2


19


15,16


57.58


5


5


10


5


17


12


5


21


13


2


17


5


2




2


5


21


13


5


22


13



ex INDEX TO CONSTITUTION.

Art. Sec. Page.

not to become law unless yeas and nays taken on final passage,
names of persons voting for and against entered on journal,
and majority of each house recorded as voting in favor of 5 22 13

local or special. Notice of intention to apply for. to be published
in locality where matter or thing to be affected may be situ-
ated 5 26 U

local or special. Notice of intention to apply for, to be at least
thirty days prior to introduction, into General Assembly, of
such bill, and in manner to be provided by law 5 26 14

local or special. Proof of publication of notice of intention to
apply for, to be exhibited in General Assembly, before pas-
sage of 5 26 14

allowing extra compensation to officers, agents, employes, or
contractors [of the State], after the service shall have been
rendered or contract made, require consent of two-thirds of
the members elected to each branch of General Assembly 5 27 14

allowing claims, subject-matter of which shall not have been
provided for by pre-existing laws, require consent of two-

■ thirds of the members elected to each branch of General As-
sembly 5 27 14

making appropriations, Requisites of 5 29 15

making general appropriations, to embrace nothing but appro-
priations for the ordinary expense of the executive, legisla-
tive, and judicial departments of the State 5 30 15

Separate, and embracing each but one subject, required, to make
appropriations other than for ordinary expenses of legislative,
executive, and judicial departments of State

New, not to be introduced into either house of General Assem-
bly during last three days of session

upon passage by both houses of General Assembly, to be pre-
sented to Governor for approval

disapproved by Governor, to be returned, with objections, to
house in which originated

returned, disapproved, by Governor, Reconsideration of.

returned, disapproved, by Governor, Passage of

not returned by Governor within five days (with exceptions
stated) to become laws

making appropriations. Power of Governor to disapprove items
of.

making appropriations, Parts of, approved by Governor, to be
law

making appropriations. Items of, disapproved by Governor, to

be void unless repassed as prescribed in case of bill

See, also. Acts, and Laws.
Bills [of credit] Acts authorizing issue of, to circulate as money, prohib-
ited 12 10 42

Binding of laws and journals, department reports, and other binding, to

be performed under contract to lowest responsible bidder, below

maximum price, as shall be prescribed by luw 19 15 57

Blind, General Assembly to provide for support of institutions for educa-
tion of. 19 19 58

Blood, corruption of. No conviction to work 2 17 5

Board of Canvassers of returns of election to fill vacancy in office of Gov-
ernor 6 14 19

Board, State, of Supervisors of Election under Schedule — see Election

under Schedule, State Board of Supervisors of.
Boards, County, of Supervisors of Election under Schedule— see Election
under Schedule, County Boards of Supervisors of.
Boards, Municipal, Members of (aldermen not included) , disqualified for

service as officers of election 3 10 8

Boards of Supervisors of Counties— see County Boards of Supervisors.
Bond to keep the peace, and for good behavior. Power of Justices of the

Peace to require ". 7 40 30

in case of appeal, by citizen, from allowances for or against
counties, cities, or towns

official, of State and county officers. Qualifications of sureties of..
Bonds of railroad or other corporations, held or owned by State, not to be

released except by payment thereof into State treasury

of private corporations. Restriction upon issue and increase of.



5


30


15


5


34


16


6


15


19


6


15


19


6


15


19


6


15


19


6


15


19


6


17


29


G


17


20


6


17


20



7


51


32


19


21


59


5


33


15


12


8


42



INDEX TO CONSTITUTION. cxi



Issue of, may be by law authorized, to provide for and secure
payment of present existing indebtedness of counties and

municipalities

Books of railroad, canal, and turnpike companies, to be kept for inspec-



Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 9 of 25)