CONSTITUTION OF THE STATE OF ARKANSAS OF 1874 part 1

Amendments To The Constitution Of Arkansas Of 1874 

Amendment: 
1. 'Holford' Bonds (Const., Art. 20 Added).------------------------------------------------ 82 
2. Regulation of Carriers (Const., Art. 17, § 10Amended).------------------------------- 82 
3. County Road Tax [Repealed.].--------------------------------------------------------------- 82 
4. Sureties on Official Bonds (Const., Art. 19, § 21 Amended).-------------------------- 82 
5. Per Diem and Mileage of General Assembly (Const., Art. 5, § 16Amended). ----- 82 
6. Executive Department and Officers (Const., 
Art. 6, § 1, Amended and SectionsAdded).----------------------------------------------- 82 
Section: 
1. Executivedepartment.-----------------------------------------------------------------------83 
2. Executive power vested in Governor and Lieutenant Governor. 
3. Election of Governor and Lieutenant Governor.---------------------------------------- 83 
4. Lieutenant Governor acting as Governor.------------------------------------------------ 83 
5. Qualifications and duties of Lieutenant Governor 
Succession to the governorship.----------------------------------------------------------- 83 
6. Salary of Lieutenant Governor.------------------------------------------------------------ 84 
7. Initiative and Referendum (Const., Art. 5, § 1, Amended).---------------------------- 84 
8. Qualifications of Electors (Const., Art. 3, § 1, Amended).----------------------------- 84 
9. SupremeCourt.----------------------------------------------------------------------------------84 
Section: 
1. Enlargement - Sitting in division.--------------------------------------------------------- 84 
2. Compensation ofjudges.--------------------------------------------------------------------85 
10. Limitation on Legislative and Taxing Power (Const., Art. 12, § 4,Amended). -- 85 
11. School Tax (Const., Art. 14, § 3,Amended).--------------------------------------------- 85 
12. Textile Mills, Tax Exemption.-------------------------------------------------------------- 85 
13. [Repealed.]--------------------------------------------------------------------------------------85 
14. Local Acts.--------------------------------------------------------------------------------------85 
15. Salaries of State Officers.-------------------------------------------------------------------- 86
16. Jury Trial (Const., Art. 2, § 7, Amended).----------------------------------------------- 86 
17. [Repealed.]--------------------------------------------------------------------------------------86 
18. Tax to Aid Industries.------------------------------------------------------------------------87 
19. Passage of Laws (Const., Art. 5, §§ [37]-[41] Added).--------------------------------- 87 
20. StateBonds.-------------------------------------------------------------------------------------88 
21. Criminal Prosecutions - Salaries of Prosecutors.--------------------------------------- 88 
Section: 
1. Prosecution by indictment orinformation.----------------------------------------------- 88 
2. Salaries of prosecuting attorneys.--------------------------------------------------------- 88 
22. Exemption of Homesteads from Certain State Taxes.--------------------------------- 88 
Section: 
1. Homesteads of $1,000.00 assessed valuation exempted from certaintaxes.-------- 89 
2. Legislature authorized to make further exemptions.------------------------------------ 89 
3. Legislature to restore tax funds eliminated hereby, and to passenabling law. ----- 89 
4. No notes or bonds of state impaired hereby.--------------------------------------------- 89 
5. Amendment in effect, when.--------------------------------------------------------------- 89 
23. Apportionment (Const., Art. 8Amended).----------------------------------------------- 89 
24. Probate Courts - Circuit and County Clerks 
(Const., Art. 7, §§ 19, 34, 35, Amended).------------------------------------------------- 90 
25. [Repealed.] 
26. Workers' Compensation (Const., Art. 5, § 32, Amended).--------------------------- 90 
27. Exempting New Manufacturing Establishment from Taxation.-------------------- 90 
28. Regulating Practice of Law.----------------------------------------------------------------- 90 
29. Filling Vacancies in Office.------------------------------------------------------------------ 91 
Section: 
1. Elective offices - Exceptions.--------------------------------------------------------------91 
2. Ineligible persons - Nepotism.-------------------------------------------------------------91 
3. Violation of amendment - Compensation withheld.------------------------------------ 91 
4. Duration of term of appointee - Election to fill vacancy.------------------------------91 
5. Election to fill - Placing names on ballots.----------------------------------------------- 92 
30. CityLibraries.----------------------------------------------------------------------------------92 
Section: 
1. Petition for tax levy - Election.------------------------------------------------------------ 92 
2. Result of election - Certification and proclamation - Tax levy.----------------------- 93 
3. Raising, reducing or abolishing tax - Petition and election.--------------------------- 93 
4. Co-ordination of city with countylibrary.------------------------------------------------ 93 
5. Petition for tax levy - Election.------------------------------------------------------------ 93 
31. Police and Firefighters' Retirement Salaries and Pensions.-------------------------- 94 
Section: 
1. Election on question - Tax levy.----------------------------------------------------------- 94 
32. County or CityHospitals.--------------------------------------------------------------------95 
Section: 
1. Petition for tax levy - Election.------------------------------------------------------------ 95 
2. Result of election - Certification and proclamation - Tax levy.----------------------- 95 
3. Raising, reducing or abolishing tax - Petition and election.--------------------------- 96 
4. Amendment self executing.---------------------------------------------------------------- 96 
33. Boards and Commissions Governing State Institutions.------------------------------96 
Section: 
1. Term of office of members.----------------------------------------------------------------97 
2. Abolition or transfer of powers of board or commission -Restrictions. ------------- 97 
3. Increase or decrease of members of board or commissionprohibited.--------------- 97 
4. Removal of member - Procedure - Appeal.---------------------------------------------- 97 
5. Vacancy - Filling.----------------------------------------------------------------------------97 
34. Rights ofLabor.--------------------------------------------------------------------------------98 
Section: 
1. Discrimination for or against union labor prohibited.---------------------------------- 98 
2. Enforcement of amendment - Legislationauthorized.---------------------------------- 98 
35. Wild Life - Conservation - Arkansas State Game and FishCommission.--------- 98 
Section: 
1. Commission created - Members -Powers.----------------------------------------------- 98 
2. Qualifications and appointment of members-Terms of office of firstcommission 99 
3. Term of office of members.----------------------------------------------------------------99 
4. Oath of office - Members serve without compensation - Expenses -Payment. ---- 99 
5. Removal of members - Hearing - Review and appeal.--------------------------------- 99 
6. Vacancies - Filling - Chairman of commission.----------------------------------------- 99 
7. Executive secretary and other personnel - Selection - Salaries andexpenditures. 100 
8. Nepotism prohibited - Powers of arrest - Funds - Use - Purposes - 
Game Protection Fund - Audit of accounts - 
Resident hunting and fishing licenses - Powers ofcommission.-------------------- 100 
36. Poll Tax Exemption.------------------------------------------------------------------------101 
37. [Repealed.]------------------------------------------------------------------------------------101 
38. CountyLibraries.----------------------------------------------------------------------------101 
Section: 
1. Petition for tax levy - Election.---------------------------------------------------------- 102 
2. Result of election - Certification - Record - Tax levy - Funds -Disbursement. -- 102 
3. Raising, reducing or abolishing tax - Petition and election.------------------------- 102 
4. Co-ordination of county with citylibrary.---------------------------------------------- 103 
5. Petition for tax levy - Election.---------------------------------------------------------- 103 
39. Voter Registration Laws.------------------------------------------------------------------ 104 
Section: 
1. Authority to enact registration law.----------------------------------------------------- 104 
40. School District Tax (Const., Art. 14, § 3, 
As Amended By Const. Amend. 11, Amended).-------------------------------------- 104 
41. Election of CountyClerks.-----------------------------------------------------------------104 
42. State Highway Commission.-------------------------------------------------------------- 105 
Section: 
1. Commission created - Members -Powers.--------------------------------------------- 105 
2. Qualifications & appointment of members-Terms of office offirst commission105 
3. Terms of office of members.------------------------------------------------------------- 105 
4. Removal of members - Hearing - Review and appeal.------------------------------- 106 
5. Vacancies - Filling.------------------------------------------------------------------------106 
6. Director ofHighways.---------------------------------------------------------------------106 
43. Salaries and Expenses of Judicial Officers.-------------------------------------------- 106 
44. [Repealed.] 
45. Apportionment (Const., Art.8, As Amended By Const. Amend. 23,Amended).107 
46. Horse Racing and Pari-Mutuel Wagering at Hot Springs.------------------------- 107 
47. State Ad Valorem TaxProhibition.------------------------------------------------------ 107 
48.-49 [Repealed.]--------------------------------------------------------------------------------107 
50. Elections Conducted by Ballot or Voting Machine (Const., 
Art. 3, § 3, Repealed and New Sections Added).-------------------------------------- 108 
Section: 
1. Repeal of Article III, Section3.---------------------------------------------------------- 108 
2. Elections by ballot or voting machines authorized.----------------------------------- 108 
3. [Repealed.] 
4. Voting machines.--------------------------------------------------------------------------108 
51. Voter Registration.--------------------------------------------------------------------------108 
Section: 
1. Statement of policy.-----------------------------------------------------------------------109 
2. Definitions.---------------------------------------------------------------------------------109 
3. Application.---------------------------------------------------------------------------------109 
4. Permanentregistration.--------------------------------------------------------------------109 
5. Duties of registrationofficials.----------------------------------------------------------- 110 
6. Voter registration applicationforms.---------------------------------------------------- 112 
7. Registration record files.------------------------------------------------------------------ 114 
8. Voter registration application records and reports.----------------------------------- 115 
9. Application to register.--------------------------------------------------------------------117 
10. Transfer and change of status.---------------------------------------------------------- 118 
11. Cancellation of registration.------------------------------------------------------------ 120 
12. Loss or destruction of voter registrationrecords.------------------------------------ 122 
13. Fail-safe voting.--------------------------------------------------------------------------122 
14. Voter registration lists.------------------------------------------------------------------ 122 
15.Penalties.-----------------------------------------------------------------------------------122 
16.Severability.-------------------------------------------------------------------------------123 
17. Effect on other laws.---------------------------------------------------------------------123 
18. Appropriations.---------------------------------------------------------------------------123 
19.Amendment.-------------------------------------------------------------------------------123 
20. Shorttitle.----------------------------------------------------------------------------------123 
52. Community Colleges.-----------------------------------------------------------------------123 
Section: 
1. General Assembly may establish districts to furnish community 
college instruction and technicaltraining.---------------------------------------------- 123 
2. Prior approval of majority of qualified voters in proposed districtrequired. ----- 124 
53. Free School System (Const., Art. 14, § 1, Amended).-------------------------------- 124 
54. Purchase of Printing, Stationery and Supplies.--------------------------------------- 124 
Section: 
1. Contracts given to lowest responsible bidder.----------------------------------------- 124 
55. Revision of County Government.-------------------------------------------------------- 125 
Section: 
1. Power of quorumcourt.-------------------------------------------------------------------125 
2. Composition of quorum court - Power over elective offices.----------------------- 125 
3. Power of countyjudge.--------------------------------------------------------------------125 
4. Powers of quorumcourt.------------------------------------------------------------------126 
5. Compensation of county officers fixed by quorum court.--------------------------- 126 
6. Bonding of county officers.-------------------------------------------------------------- 126 
56. Constitutional Officers - General Assembly.------------------------------------------ 126 
Section: 
1. Executive department - Composition.-------------------------------------------------- 126 
2. [Repealed.]----------------------------------------------------------------------------------126 
3. [Repealed.]----------------------------------------------------------------------------------126 
4. Compensation of municipal officers.--------------------------------------------------- 127 
57. Intangible Personal Property.------------------------------------------------------------ 127 
Section: 
1. Intangible personal property - Assessment and taxation.---------------------------- 127 
2. Effect on other constitutional provisions.---------------------------------------------- 127 
58. [Repealed.]------------------------------------------------------------------------------------127 
59. Taxation (Const., Art. 16, § 5 Repealed; §§ 5, 14, 15, 16Added).----------------- 127 
60. 1982 Interest Rate Control Amendment (Const., Art. 19, § 13,Amended). ---- 128 
61. County Road Tax.---------------------------------------------------------------------------128 
62. Local Capital Improvement Bonds.----------------------------------------------------- 128 
Section: 
1. Local capital improvement bonds authorized - Election - Taxes 
Limit on indebtedness - Suspension of tax levy.-------------------------------------- 128 
2. Issuance of bonds to secure and develop industry - Levy of tax ------------------- 129 
Suspension of collection - Limit on tax levy.------------------------------------------ 129 
3. Sale of bonds - Procedure.---------------------------------------------------------------- 129 
4. Maximum rate of tax stated on ballot - Borrowing prior to issuanceof bonds. -- 129 
5. Special tax constitutes special fund - Disbursement of surplus.-------------------- 130 
6. Conduct of elections.----------------------------------------------------------------------130 
7. Provisions self-executing.---------------------------------------------------------------- 130 
8. Taxes levied and bonds authorized prior to amendment.---------------------------- 130 
9. Joint project of various governing bodies - Compact agreementelections. ------- 130 
63. Four Year Terms for State Constitutional Officers.--------------------------------- 131 
Section: 
1. Executive Department - Term ofoffice.------------------------------------------------ 131 
64. [Repealed.]------------------------------------------------------------------------------------132 
65. Revenue Bonds.------------------------------------------------------------------------------132 
Section: 
1. Issuance - Terms andconditions.-------------------------------------------------------- 132
2. Purpose of issuance.-----------------------------------------------------------------------132 
3. Definitions.---------------------------------------------------------------------------------133 
4. Authority exclusive - Interest - Initiative and referendum.-------------------------- 133 
66. Judicial Discipline And Disability Commission.-------------------------------------- 133 
67. Jurisdiction of Matters Relating to Juveniles and Bastardy.---------------------- 134 
68.Abortion.-------------------------------------------------------------------------------------134 
Section: 
1. Public funding.-----------------------------------------------------------------------------134 
2. Public policy.-------------------------------------------------------------------------------135 
3. Effect ofamendment.----------------------------------------------------------------------135 
69. Repeal of Amendment 44 (Protection of States' Rights).--------------------------- 135 
70. Executive Department and General Assembly Salaries - 
Restrictions on ExpenseReimbursements.--------------------------------------------- 135 
Section: 
1. Executive Department and General Assembly - Salaries - 
Restrictions on reimbursements.--------------------------------------------------------- 135 
2. Additional Constitutional amendmentsauthorized.----------------------------------- 136 
3. Salary adjustments.------------------------------------------------------------------------136 
4. Effective date.------------------------------------------------------------------------------136 
5. Repeal of Amendment 56, Sections 2 and 3.------------------------------------------ 136 
71. Personal Property Taxes.------------------------------------------------------------------ 137 
Section: 
1. Exemption from ad valoremtaxes.------------------------------------------------------ 137 
2. Motor vehicles - Procedures for assessment and collection.------------------------ 137 
3. Supersession of Article 16, Section 5.-------------------------------------------------- 137 
4. Effective date.------------------------------------------------------------------------------138 
72. City and County Library Amendment (Const. Amends 
.30 and 38, §§ 1 and 3, Amended, Const. Amends. 30 and 38, § 5, Added).----- 138 
73. Arkansas Term LimitationAmendment.----------------------------------------------- 138 
Section: 
1. Executive Branch.-------------------------------------------------------------------------138 
2. Legislative Branch.------------------------------------------------------------------------139 
3. CongressionalDelegation.---------------------------------------------------------------139 
5. Provisions Self-executing.---------------------------------------------------------------- 139 
6. Application.---------------------------------------------------------------------------------139 
4. Severability.--------------------------------------------------------------------------------139 
5. Provisions Self-executing.---------------------------------------------------------------- 139 
6. Application.---------------------------------------------------------------------------------139 
74. School tax - Budget - Approval of tax rate (Const., Art. 14, § 3, 
 as amended by Const. Amend. 11 and Const. Amend. 40,amended). --------------- 139 
75. Environmental enhancementfunds.----------------------------------------------------- 140 
Section: 
1. Statement of purpose.---------------------------------------------------------------------140 
2. Excise tax levied.--------------------------------------------------------------------------140 
3. Use ofproceeds.----------------------------------------------------------------------------140 
4. Administrative procedures.--------------------------------------------------------------- 141 
76. The Congressional Term Limits Amendment of 1996 (Const. 
Amend. 73, § 3,amended).-----------------------------------------------------------------141 
Section: 
1. Congressional Delegation (Const. Amend. 73, § 3amended).---------------------- 14 1 
77. Special Judges (Ark. Const. Art 7, §§ 9, 21, 22, repealed).------------------------- 146 
Section: 
1. Repealed. 
2. Circuit, chancery, and probate judges.-------------------------------------------------- 146 
3. Repeal of Ark. Const., Art. 7, §§ 9, 21, 22.-------------------------------------------- 146 
78. City and County GovernmentRedevelopment.--------------------------------------- 146 
Section: 
1. RedevelopmentProjects.------------------------------------------------------------------147 
2. Short-term financingobligations.--------------------------------------------------------147 
3. Scope of authority to incurdebt.--------------------------------------------------------- 147 
79. Property Tax Relief.------------------------------------------------------------------------148 
Section: 
1. Assessing value of real property.-------------------------------------------------------- 148 
2. Effect of county-wide reappraisal - Public utility and carrierexception. ---------- 149 
3. Annual state credit.------------------------------------------------------------------------150 
4. Income adjustments - Personal property millage rate - Uniformproperty tax rate 
requirement - Reassessment - Rollback adjustments.-------------------------------- 150 
80. Qualifications of justices and judges.--------------------------------------------------- 151 
Section: 
1. Judicial power.-----------------------------------------------------------------------------151 
2. SupremeCourt.-----------------------------------------------------------------------------151 
3. Rules of pleading, practice andprocedure.--------------------------------------------- 152 
4. Superintending control.------------------------------------------------------------------- 152
5. Court of Appeals.--------------------------------------------------------------------------152 
6. Circuitcourts.-------------------------------------------------------------------------------152 
7. District courts.------------------------------------------------------------------------------153 
8. Referees, masters and magistrates.------------------------------------------------------ 153 
9. Annulment or amendment of rules.----------------------------------------------------- 153 
10. Jurisdiction, venue, circuits, districts and number of judges.---------------------- 153 
11. Right ofappeal.---------------------------------------------------------------------------154 
12. Temporary disqualification of justices or judges.----------------------------------- 154 
13. Assignment of special and retired judges.-------------------------------------------- 154 
14. Prohibition of practice oflaw.---------------------------------------------------------- 154 
15. Prohibition of candidacy for non-judicial office.------------------------------------ 154 
16. Qualifications and terms of justices andjudges.------------------------------------- 155 
17. Election of circuit and districtjudges.------------------------------------------------- 155 
18. Election of Supreme Court Justices and Court of Appeals Judges.--------------- 155 
19. Transition provisions, tenure of present justices and judges, and 
 jurisdiction of present courts.---------------------------------------------------------- 156 
20. Prosecuting attorneys.------------------------------------------------------------------- 157
21. Effectivedate.-----------------------------------------------------------------------------157 
22. Repealer.-----------------------------------------------------------------------------------157 
81. Protection of the Secrecy of Individual Votes 
(Const., Amend. 50, § 3 Repealed).------------------------------------------------------- 157 
82. Obligation Bonds for EconomicDevelopment.---------------------------------------- 158 
83.Marriage.-------------------------------------------------------------------------------------159 
Section: 
1. Marriage.------------------------------------------------------------------------------------159 
2. Maritalstatus.-------------------------------------------------------------------------------159 
3. Capacity, rights, obligations, privileges, and immunities.--------------------------- 159 
84. Bingo and Raffles.---------------------------------------------------------------------------159 
85. Qualifications of Voters and election officers & Time ofholding elections. ---- 160 
86.Providing for Annual Sessions of the General Assembly.--------------------------- 160 
87. Authorizing the Establishment and Regulate State Lotteries.--------------------- 161 
88. Right to Hunt, Fish, Trap and Harvest Wildlife.------------------------------------- 161 
89. Government Bonds & Loans-Interest Rates & EnergyEfficiency Proj . ------- 161 
90. Bonds for Economic Development Amendment.------------------------------------- 166 

Constitution Of The State Of Arkansas Of 1874.

Preamble. 
We, the People of the State of Arkansas, grateful to Almighty God forthe privilege of choosingour own form of government; for our civil andreligious liberty; and desiring to perpetuate itsblessings, and securethe same to our selves and posterity; do ordain and establishthisConstitution.


Article 1. 
 Boundaries. 
We do declare and establish, ratify and confirm, the following as thepermanent boundaries of the State of Arkansas, that is to say:Beginning at the middle of the main channel of the Mississippi River,on the parallel of thirty-six degrees of north latitude, running thencewest with said parallel of latitude to the middle of the main channelof the St. Francis River; thence up the main channel of said last-namedriver to the parallel of thirty-six degrees thirty minutes of northlatitude; thence west with the southern boundary line of the State ofMissouri to the southwest corner of said last-named state; thence to bebounded on the west to the north bank of Red River, as by act ofCongress and treaties existing January 1, 1837, defining the westernlimits of the Territory of Arkansas, and to be bounded across and southof Red River by the boundary line of the State of Texas as far as tothe northwest corner of the State of Louisiana; thence easterly withthe northern boundary line of said last-named State to the middle ofthe main channel of the Mississippi River; thence up the middle of themain channel of said last-named river, including an island in saidriver known as 'Belle Point Island,' and all other land originallysurveyed and included as a part of the Territory or State of Arkansas,to the thirty-sixth degree of north latitude, the place of beginning. 
Seat of Government 
The seat of government of the state of Arkansas shall be and remain atLittle Rock, where it is now established. 


Article 2. 
Declaration of Rights. 
Section: 
 1. Source of power. 
 2. Freedom and independence. 
 3. Equality before the law. 
 4. Right of assembly and of petition. 
 5. Right to bear arms. 
 6. Liberty of the press and of speech - Libel. 
 7. Jury trial - Right to - Waiver - Civil cases - Nine jurorsagreeing. 
 8. Criminal charges - Self-incrimination - Due process -Double jeopardy - Bail. 
 9. Excessive bail or punishment prohibited - Witnesses -Detention. 
 10. Right of accused enumerated - Change of venue. 
 11. Habeas corpus. 
 12. Suspension of laws. 
 13. Redress of wrongs. 
 14. Treason. 
 15. Unreasonable searches and seizures. 
 16. Imprisonment for debt. 
 17. Attainder - Ex post facto laws. 
 18. Privileges and immunities - Equality. 
 19. Perpetuities and monopolies. 
 20. Resident aliens - Descent of property. 
 21. Life, liberty and property - Banishment prohibited. 
 22. Property rights - Taking without just compensationprohibited. 
 23. Eminent domain and taxation. 
 24. Religious liberty. 
 25. Protection of religion. 
 26. Religious tests. 
 27. Slavery - Standing armies - Military subordinate to civilpower. 
 28. Tenure of lands. 
 29. Enumeration of rights of people not exclusive of otherrights - Protection againstencroachment. 
1. Source of power. All political power is inherent in the people andgovernment is instituted for their protection, security and benefit;and they have the right to alter, reform or abolish the same, in suchmanner as they may think proper. 


2. Freedom and independence. 
All men are created equally free and independent, and have certaininherent and inalienable rights; amongst which are those of enjoyingand defending life and liberty; of acquiring, possessing and protectingproperty, and reputation; and of pursuing their own happiness. Tosecure these rights governments are instituted among men, derivingtheir just powers from the consent of the governed. 
3. Equality before the law. 
The equality of all persons before the law is recognized, and shallever remain inviolate; nor shall any citizen ever be deprived of anyright, privilege or immunity; nor exempted from any burden or duty, onaccount of race, color or previous condition. 
4. Right of assembly and of petition. 
The right of the people peaceably to assemble, to consult for thecommon good; and to petition, by address or remonstrance, thegovernment, or any department thereof, shall never be abridged. 
5. Right to bear arms. 
The citizens of this State shall have the right to keep and bear arms,for their common defense. 
6. Liberty of the press and of speech - Libel. 
The liberty of the press shall forever remain inviolate. The freecommunication of thoughts and opinions, is one of the invaluable rightsof man; and all persons may freely write and publish their sentimentson all subjects, being responsible for the abuse of such right. In allcriminal prosecutions for libel, the truth may be given in evidence tothe jury; and, if it shall appear to the jury that the matter chargedas libelous is true, and was published with good motives and forjustifiable ends, the party charged shall be acquitted. 
7. Jury trial - Right to - Waiver - Civil cases - Nine jurors agreeing.
The right of trial by jury shall remain inviolate, and shall extend toall cases at law, without regard to the amount in controversy; but ajury trial may be waived by the parties in all cases in the mannerprescribed by law; and in all jury trials in civil cases, where as manyas nine of the jurors agree upon a verdict, the verdict so agreed uponshall be returned as the verdict of such jury, provided, however, thatwhere a verdict is returned by less than twelve jurors all the jurorsconsenting to such verdict shall sign the same. [As amended by Const.Amend. 16.] 
8. Criminal charges - Self-incrimination - Due process - Doublejeopardy - Bail. 
No person shall be held to answer a criminal charge unless on thepresentment or indictment of a grand jury, except in cases ofimpeachment or cases such as the General Assembly shall make cognizableby justices of the peace, and courts of similar jurisdiction; or casesarising in the army and navy of the United States; or in the militia,when in actual service in time of war or public danger; and no person,for the same offense, shall be twice put in jeopardy of life orliberty; but if, in any criminal prosecution, the jury be divided inopinion, the court before which the trial shall be had, may, in itsdiscretion, discharge the jury, and commit or bail the accused fortrial, at the same or the next term of said court; nor shall any personbe compelled, in any criminal case, to be a witness against himself;nor be deprived of life, liberty or property, without due process oflaw. All persons shall, before conviction, be bailable by sufficientsureties, except for capital offenses, when the proof is evident or thepresumption great. 
9. Excessive bail or punishment prohibited - Witnesses - Detention. 
Excessive bail shall not be required; nor shall excessive fines beimposed; nor shall cruel or unusual punishments be inflicted; norwitnesses be unreasonably detained. 
10. Right of accused enumerated - Change of venue. 
In all criminal prosecutions, the accused shall enjoy the right to aspeedy and public trial by an impartial jury of the county in which thecrime shall have been committed; provided, that the venue may bechanged to any other county of the judicial district in which theindictment is found, upon the application of the accused, in suchmanner as now is, or may be prescribed by law; and to be informed ofthe nature and cause of the accusation against him, and to have a copythereof; and to be confronted with the witnesses against him; to havecompulsory process for obtaining witnesses in his favor, and to beheard by himself and his counsel. 
11. Habeas corpus. 
The privilege of the writ of habeas corpus shall not be suspended;except by the General Assembly, in case of rebellion, insurrection orinvasion, when the public safety may require it. 
12. Suspension of laws. 
No power of suspending or setting aside the law or laws of the State,shall ever be exercised, except by the General Assembly. 
13. Redress of wrongs. 
Every person is entitled to a certain remedy in the laws for allinjuries or wrongs he may receive in his person, property or character;he ought to obtain justice freely, and without purchase; completely,and without denial; promptly and without delay; conformably to thelaws. 
14. Treason. 
Treason against the State shall only consist in levying and making waragainst the same, or in adhering to its enemies, giving them aid andcomfort. No person shall be convicted of treason unless on thetestimony of two witnesses to the same overt act, or on confession inopen court. 
15. Unreasonable searches and seizures. 
The right of the people of this State to be secure in their persons,houses, papers, and effects, against unreasonable searches andseizures, shall not be violated; and no warrant shall issue, exceptupon probable cause, supported by oath or affirmation, and particularlydescribing the place to be searched, and the person or thing to beseized. 
16. Imprisonment for debt. 
No person shall be imprisoned for debt in any civil action, on mesne orfinal process, unless in cases of fraud. 
17. Attainder - Ex post facto laws. 
No bill of attainder, ex post facto law, or law impairing theobligation of contracts shall ever be passed; and no conviction shallwork corruption of blood or forfeiture of estate. 
18. Privileges and immunities - Equality. 
The General Assembly shall not grant to any citizen, or class ofcitizens, privileges or immunities which, upon the same terms, shallnot equally belong to all citizens. 
19. Perpetuities and monopolies. 
Perpetuities and monopolies are contrary to the genius of a republic,and shall not be allowed; nor shall any hereditary emoluments,privileges or honors ever be granted or conferred in this State. 
20. Resident aliens - Descent of property. 
No distinction shall ever be made by law, between resident aliens andcitizens, in regard to the possession, enjoyment or descent ofproperty. 
21. Life, liberty and property - Banishment prohibited. 
No person shall be taken, or imprisoned, or disseized of his estate,freehold, liberties or privileges; or outlawed, or in any mannerdestroyed, or deprived of his life, liberty or property; except by thejudgment of his peers, or the law of the land; nor shall any person,under any 
circumstances, be exiled from the State.
22. Property rights - Taking without just compensation prohibited. 
The right of property is before and higher than any constitutionalsanction; and private property shall not be taken, appropriated ordamaged for public use, without just compensation therefor. 
23. Eminent domain and taxation. 
The State's ancient right of eminent domain and of taxation, is hereinfully and expressly conceded; and the General Assembly may delegate thetaxing power, with the necessary restriction, to the State'ssubordinate political and municipal corporations, to the extent ofproviding for their existence, maintenance and well being, but nofurther. 
24. Religious liberty. 
All men have a natural and indefeasible right to worship Almighty Godaccording to the dictates of their own consciences; no man can, ofright, be compelled to attend, erect, or support any place of worship;or to maintain any ministry against his consent. No human authoritycan, in any case or manner whatsoever, control or interfere with theright of conscience; and no preference shall ever be given, by law, toany religious establishment, denomination or mode of worship, above anyother. 
25. Protection of religion. 
Religion, morality and knowledge being essential to good government,the General Assembly shall enact suitable laws to protect everyreligious denomination in the peaceable enjoyment of its own mode ofpublic worship. 
26. Religious tests. 
No religious test shall ever be required of any person as aqualification to vote or hold office; nor shall any person be renderedincompetent to be a witness on account of his religious belief; butnothing herein shall be construed to dispense with oaths oraffirmations. 
27. Slavery - Standing armies - Military subordinate to civil power. 
There shall be no slavery in this State, nor involuntary servitude,except as a punishment for crime. No standing army shall be kept intime of peace; the military shall, at all times, be in strictsubordination to the civil power; and no soldier shall be quartered inany house, or on any premises, without the consent of the owner, intime of peace; nor in time of war, except in a manner prescribed bylaw. 
28. Tenure of lands. 
All lands in this State are declared to be allodial; and feudal tenuresof every description, with all their incidents, are prohibited. 
29.Enumerationofrightsofpeoplenotexclusiveofotherrights-Protectionagainstencroachment. 
This enumeration of rights shall not be construed to deny or disparageothers retained by the people; and to guard against any encroachmentson the rights herein retained, or any transgression of any of thehigher powers herein delegated, we declare that everything in thisarticle is excepted out of the general powers of the government; andshall forever remain inviolate; and that all laws contrary thereto, orto the other provisions herein contained, shall be void. 



 Article 3. 
Franchise and Elections. 
Section: 
 1. Qualifications of electors - Equal suffrage - Poll tax. 
 2. Right of suffrage. 
 3. [Repealed.] 
 4. Privilege of electors from arrest. 
 5. [Repealed.] 
 6. Violation of election laws - Penalty. 
 7. Soldiers and sailors - Residence - Voting rights. 
 8. Time of holding elections. 
 9. Testimony in election contest - Self-incrimination. 
 10. Election officers. 
 11. Votes to be counted. 
 12. Elections by representative - Viva voce vote. 
1. Qualifications of electors 
Except as otherwise provided by this Constitution, any person may votein an election in this state who is: 
(1)A citizen of the United States; 
(2)A resident of the State of Arkansas; 
(3)At least eighteen (18) years of age; and 
(4) Lawfully registered to vote in the election. 
2. Right of suffrage. 
Elections shall be free and equal. No power, civil or military, shallever interfere to prevent the free exercise of the right of suffrage;nor shall any law be enacted whereby such right shall be impaired orforfeited, except for the commission of a felony, upon lawfulconviction thereof. 
3. [Repealed.] 
4. Privilege of electors from arrest. 
Electors shall, in all cases (except treason, felony and breach of thepeace,) be privileged from arrest during their attendance at elections,and going to and from the same. 
5. [Repealed] 
6. Violation of election laws - Penalty. 
Any persons who shall be convicted of fraud, bribery, or other willfuland corrupt violation of any election law of this State, shall beadjudged guilty of a felony, and disqualified from holding any officeof trust or profit in this State. 
7. Soldiers and sailors - Residence - Voting rights. 
No soldier, sailor, or marine, in the military or naval service of theUnited States, shall acquire a residence by reason of being stationedon duty in this State. 
8. Time of holding elections. 
The general elections shall be held biennially, on the days and attimes fixed by the General Assembly. 
9. Testimony in election contest - Self-incrimination. 
In trials of contested elections and in proceedings for theinvestigation of elections, no person shall be permitted to withholdhis testimony on the ground that it may criminate himself or subjecthim to public infamy: but such testimony shall not be used against himin any judicial proceeding, except for perjury in giving suchtestimony. 
10. Election officers. 
The General Assembly shall determine the qualifications of an electionofficer. 
11. Votes to be counted. 
If the officers of any election shall unlawfully refuse or fail toreceive, count, or return the vote or ballot of any qualified elector,such vote or ballot shall nevertheless be counted upon the trial of anycontests arising out of said election. 
12. Elections by representative - Viva voce vote. 
All elections by persons acting in a representative capacity shall beviva voce. 


Article 4. 
Departments. 
Section: 
 1. Departments of government. 
 2. Separation of departments. 
1. Departments of government. 
The powers of the government of the State of Arkansas shall be dividedinto three distinct departments, each of them to be confided to aseparate body of magistracy, to-wit: Those which are legislative, toone, those which are executive, to another, and those which arejudicial, to another. 
2. Separation of departments. 
No person or collection of persons, being of one of these departments,shall exercise any power belonging to either of the others, except inthe instances hereinafter expressly directed or permitted. 


 Article 5. 
Legislative Department. 
Section: 
 1. Initiative and Referendum. 
 2. House of Representatives. 
 3. Senate. 
 4. Qualifications of senators and representatives. 
 5. Time of meeting. 
 6. Vacancies - Writs of election. 
 7. Officers ineligible. 
 8. Defaulters ineligible. 
 9. Persons convicted ineligible. 
 10. Members ineligible to civil office. 
 11. Appointment of officers - Qualifications of members -Quorum. 
 12. Powers and duties of each house. 
 13. Sessions to be open. 
 14. Election of officers by General Assembly. 
 15. Privileges of members. 
 16. Per diem and mileage of General Assembly. 
 17. Duration of sessions. 
 18. Presiding officers. 
 19. Style of laws - Enacting clause. 
 20. State not made defendant. 
 21. Laws by bills - Amendment. 
 22. Passage of bills. 
 23. Revival, amendment or extension of laws. 
 24. Local and special laws. 
 25. Special laws - Suspension of general laws. 
 26. Notice of local or special bills. 
 27. Extra compensation prohibited - Exception. 
 28. Adjournments. 
 29. Appropriations. 
 30. General and special appropriations. 
 31. Purposes of taxes and appropriations. 
 32. Workmen's Compensation Laws - Actions for personalinjuries. 
 33. Liabilities of corporations to state. 
 34. Introduction of bills - Time limit. 
 35. Bribery of member of General Assembly or state officer. 
 36. Expulsion of member no bar to indictment. 
 37. Laws - Enactment - Majority required. 
 38. Taxes - Increase - Approval by electors. 
 39. State expenses - Limitation - Exceptions. 
 40. General appropriation bill - Enactment. 
 41. Expenses incurred or authorized only by bill - Repealingclause. 
1. Initiative and Referendum. 
The legislative power of the people of this State shall be vested in aGeneral Assembly, which shall consist of the Senate and House ofRepresentatives, but the people reserve to themselves the power topropose legislative measures, laws and amendments to the Constitution,and to enact or reject the same at the polls independent of the GeneralAssembly; and also reserve the power, at their own option to approve orreject at the polls any entire act or any item of an appropriationbill. 
Initiative. The first power reserved by the people is the initiative.Eight per cent of the legal voters may propose any law and ten per centmay propose a constitutional amendment by initiative petition and everysuch petition shall include the full text of the measure so proposed.Initiative petitions for state-wide measures shall be filed with theSecretary of State not less than four months before the election atwhich they are to be voted upon; provided, that at least thirty daysbefore the aforementioned filing, the proposed measure shall have beenpublished once, at the expense of the petitioners, in some paper ofgeneral circulation. 
Referendum. The second power reserved by the people is the referendum,and any number not less than six per cent of the legal voters may, bypetition, order the referendum against any general Act, or any item ofan appropriation bill, or measure passed by the General Assembly, butthe filing of a referendum petition against one or more items, sectionsor parts of any such act or measure shall not delay the remainder frombecoming operative. Such petition shall be filed with the Secretary ofState not later than ninety days after the final adjournment of thesession at which such Act was passed, except when a recess oradjournment shall be taken temporarily for a longer period than ninetydays, in which case such petition shall be filed not later than ninetydays after such recess or temporary adjournment. Any measure referredto the people by referendum petition shall remain in abeyance untilsuch vote is taken. The total number of votes cast for the office ofGovernor in the last preceding general election shall be the basis uponwhich the number of signatures of legal voters upon state-wideinitiative and referendum petitions shall be computed. 
Upon all initiative or referendum petitions provided for in any of thesections of this article, it shall be necessary to file from at leastfifteen of the counties of the State, petitions bearing the signatureof not less than one-half of the designated percentage of the electorsof such county. Emergency. If it shall be necessary for thepreservation of the public peace, health and safety that a measureshall become effective without delay, such necessity shall be stated inone section, and if upon a yea and nay vote two-thirds of all themembers elected to each house, or two-thirds of all the members electedto city or town councils, shall vote upon separate roll call in favorof the measure going into immediate operation, such emergency measureshall become effective without delay. It shall be necessary, however,to state the fact which constitutes such emergency. Provided, however,that an emergency shall not be declared on any franchise or specialprivilege 
or act creating any vested right or interest or alienating any propertyof the State. If a referendum is filed against any emergency measuresuch measure shall be a law until it is voted upon by the people, andif it is then rejected by a majority of the electors voting thereon, itshall be thereby repealed. The provision of this sub-section shallapply to city or town councils. 
Local for Municipalities and Counties.
The initiative and referendum powers of the people are hereby furtherreserved to the legal voters of each municipality and county as to alllocal, special and municipal legislation of every character in and fortheir respective municipalities and counties, but no local legislationshall be enacted contrary to the Constitution or any general law of theState, and any general law shall have the effect of repealing any locallegislation which is in conflict therewith. 
Municipalities may provide for the exercise of the initiative andreferendum as to their local legislation.General laws shall be enactedproviding for the exercise of the initiative and referendum as tocounties. Fifteen per cent of the legal voters of any municipality orcounty may order the referendum, or invoke the initiative upon anylocal measure. In municipalities the number of signatures required uponany petition shall be computed upon the total vote cast for the officeof mayor at the last preceding general election; in counties upon theoffice of circuit clerk. In municipalities and counties the time forfiling an initiative petition shall not be fixed at less than sixtydays nor more than ninety days before the election at which it is to bevoted upon; for a referendum petition at not less than thirty days normore than ninety days after the passage of such measure by a municipalcouncil; nor less than ninety days when filed against a local orspecial measure passed by the General Assembly. Every extension,enlargement, grant, or conveyance of a franchise or any rights,property, easement, lease, or occupation of or in any road, street,alley or any part thereof in real property or interest in real propertyowned by municipalities, exceeding in value three hundred dollars,whether the same be by statute, ordinance, resolution, or otherwise,shall be subject to referendum and shall not be subject to emergencylegislation. 
General Provisions 
Definition. The word 'measure' as used herein includes any bill, law,resolution, ordinance, charter, constitutional amendment or legislativeproposal or enactment of any character. No Veto. The veto power of theGovernor or mayor shall not extend to measures initiated by or referredto the people. 
Amendment and Repeal. No measure approved by a vote of the people shallbe amended or repealed by the General Assembly or by any city council,except upon a yea and nay vote on roll call of two-thirds of all themembers elected to each house of the General Assembly, or of the citycouncil, as the case may be. 
Election. All measures initiated by the people whether for the State,county, city or town, shall be submitted only at the regular elections,either State, congressional or municipal, but referendum petitions maybe referred to the people at special elections to be called by theproper official, and such special elections shall be called whenfifteen per cent of the legal voters shall 
petition for such special election, and if the referendum is invoked asto any measure passed by a city or town council, such city or towncouncil may order a special election. 
Majority. Any measure submitted to the people as herein provided shalltake effect and become a law when approved by a majority of the votescast upon such measure, and not otherwise, and shall not be required toreceive a majority of the electors voting at such election. Suchmeasures shall be operative on and after the thirtieth day after theelection at which it is approved, unless otherwise specified in theAct. 
This section shall not be construed to deprive any member of theGeneral Assembly of the right to introduce any measure, but no measureshall be submitted to the people by the General Assembly, except aproposed constitutional amendment or amendments as provided for in thisConstitution. 
Canvass and Declaration of Results. The result of the vote upon anyState measure shall be canvassed and declared by the State Board ofElection Commissioners (or legal substitute therefor); upon a municipalor county measure, by the county election commissioners (or legalsubstitute therefor). 
Conflicting Measures. If conflicting measures initiated or referred tothe people shall be approved by a majority of the votes severally castfor and against the same at the same election, the one receiving thehighest number of affirmative votes shall become law. 
The Petition 
Title.At the time of filing petitions the exact title to be used on theballot shall by the petitioners be submitted with the petition, and onstate-wide measures, shall be submitted to the State Board of ElectionCommissioners, who shall certify such title to the Secretary of State,to be placed upon the ballot; on county and municipal measures suchtitle shall be submitted to the county election board and shall by saidboard be placed upon the ballot in such county or municipal election. 
Limitation.No limitation shall be placed upon the number ofconstitutional amendments, laws, or other measures which may beproposed and submitted to the people by either initiative or referendumpetition as provided in this section. No petition shall be held invalidif it shall contain a greater number of signatures than requiredherein. 
Verification. Only legal votes shall be counted upon petitions.Petitions may be circulated and presented in parts, but each part ofany petition shall have attached thereto the affidavit of the personcirculating the same, that all signatures thereon were made in thepresence of the affiant, and that to the best of the affiant'sknowledge and belief each signature is genuine, and that the personsigning is a legal voter and no other affidavit or verification shallbe required to establish the genuineness of such signatures. 
Sufficiency. The sufficiency of all state-wide petitions shall bedecided in the first instance by the Secretary of State, subject toreview by the Supreme Court of the State, which shall have original andexclusive jurisdiction over all such causes. The sufficiency of alllocal petitions shall be decided in the first instance by the countyclerk or the city clerk as the case may be, subject to review by thechancery court. Court Decisions. If the sufficiency of any petition ischallenged such cause shall be a preference cause and shall be tried atonce, but the failure of the courts to decide prior to the election asto the sufficiency of any such petition, shall not prevent the questionfrom being placed upon the ballot at the election named in suchpetition, nor militate against the validity of such measure, if itshall have been approved by a vote of the people. 
Amendment of Petition. If the Secretary of State, county clerk or cityclerk, as the case may be, shall decide any petition to beinsufficient, he shall without delay notify the sponsers of suchpetition, and permit at least thirty days from the date of suchnotification, in the instance of a state-wide petition, or ten days inthe instance of a municipal or county petition, for correction oramendment. In the event of legal proceedings to prevent giving legaleffect to any petition upon any grounds, the burden of proof shall beupon the person or persons attacking the validity of the petition. 
Unwarranted Restrictions Prohibited. No law shall be passed to prohibitany person or persons from giving or receiving compensation forcirculating petitions, nor to prohibit the circulation of petitions,nor in any manner interfering with the freedom of the people inprocuring petitions; but laws shall be enacted prohibiting andpenalizing perjury, forgery, and all other felonies or other fraudulentpractices, in the securing of signatures or filing of petitions. 
Publication. All measures submitted to a vote of the people by petitionunder the provisions of this section shall be published as is now, orhereafter may be provided by law. Enacting Clause. The style of allbills initiated and submitted under the provisions of this sectionshall be, 'Be It Enacted by the People of the State of Arkansas,(municipality or county, as the case may be).' In submitting measuresto the people, the Secretary of State and all other officials shall beguided by the general election laws or municipal laws as the case maybe until additional legislation is provided therefor. 
Self-Executing. This section shall be self-executing, and all itsprovisions shall be treated as mandatory, but laws may be enacted tofacilitate its operation. No legislation shall be enacted to restrict,hamper or impair the exercise of the rights herein reserved to thepeople.[As amended by Const. Amend. 7] 
2. House of Representatives. 
The House of Representatives shall consist of members to be chosenevery second year, by the qualified electors of the several counties. 
3. Senate. 
The Senate shall consist of members to be chosen every four years, bythe qualified electors of the several districts. At the first sessionof the Senate, the Senators shall divide themselves into two classes,by lot, and the first class shall hold their places for two years only,after which all shall be elected for four years. 
4. Qualifications of senators and representatives. 
No person shall be a Senator or Representative who, at the time of hiselection, is not a citizen of the United States, nor any one who hasnot been for two years next preceding his election, a resident of thisState, and for one year next preceding his election, a resident of thecounty or district whence he may be chosen. Senators shall be at leasttwenty-five years of age, and Representatives at least twenty-one yearsof age. 
5. Time of meeting. 
a)The General Assembly shall meet at the seat of government every year.
(b)The General Assembly shall meet in regular session on the secondMonday in January of each odd-numbered year to consider any bill orresolution. The General Assembly may alter the time at which theregular session begins. 
(c)(1) Beginning in 2010, the General Assembly shall meet in fiscalsession on the second Monday in February of each even-numbered year toconsider only appropriation bills. The General Assembly may alter thetime at which the fiscal session begins. 
(2) A bill other than an appropriation bill may be considered in afiscal session if two-thirds (2/3) of the members of each house of theGeneral Assembly approve consideration of the bill. 
(d)The General Assembly, by a vote of two-thirds (2/3) of the memberselected to each house of the General Assembly, may alter the dates ofthe regular session and fiscal session so that regular sessions occurin even numbered years and the fiscal sessions occur in odd-numberedyears. 
6. Vacancies - Writs of election. 
The Governor shall issue writs of election, to fill such vacancies asshall occur in either house of the General Assembly. 
7. Officers ineligible. 
No judge of the Supreme, Circuit or inferior courts of law or equity,Secretary of State, Attorney General for the State, Auditor orTreasurer, Recorder, clerk of any court of record, Sheriff, Coroner,member of Congress, nor any other person holding any lucrative officeunder the United States or this State (militia officers, justices ofthe peace, postmasters, officers of public schools and notariesexcepted), shall be eligible to a seat in either house of the GeneralAssembly. 
8. Defaulters ineligible. 
No person who now is, or shall be hereafter, a collector or holder ofpublic money, nor any assistant or deputy of such holder or collectorof public money, shall be eligible to a seat in either 
house of the General Assembly, nor to any office of trust or profit,until he shall have accounted for, and paid over, all sums for which hemay have been liable. 
9. Persons convicted ineligible. 
No person hereafter convicted of embezzlement of public money, bribery,forgery or other infamous crime, shall be eligible to the GeneralAssembly or capable of holding any office of trust or profit in thisState. 
10. Members ineligible to civil office. 
No Senator or Representative shall, during the term for which he shallhave been elected, be appointed or elected to any civil office underthis State. 
11. Appointment of officers - Qualifications of members - Quorum. 
Each house shall appoint its own officers, and shall be sole judge ofthe qualifications, returns and elections of its own members. Amajority of all the members elected to each house shall constitute aquorum to do business; but a smaller number may adjourn from day today, and compel the attendance of absent members, in such manner andunder such penalties as each house shall provide. 
12. Powers and duties of each house. 
Each house shall have power to determine the rules of its proceedings;and punish its members, or other persons, for contempt or disorderlybehavior in its presence; enforce obedience to its process; to protectits members against violence or offers of bribes, or privatesolicitations; and, with the concurrence of two-thirds, expel a member;but not a second time for the same cause. A member expelled forcorruption shall not, thereafter, be eligible to either house; andpunishment for contempt, or disorderly behavior, shall not bar anindictment for the same offense. Each house shall keep a journal of itsproceedings; and, from time to time, publish the same, except suchparts as require secrecy; and the yeas and nays, on any question,shall, at the desire of any five members, be entered on the journals. 
13. Sessions to be open. 
The sessions of each house, and of committees of the whole, shall beopen, unless when the business is such as ought to be kept secret. 
14. Election of officers by General Assembly. 
Whenever an officer, civil or military, shall be appointed by the jointor concurrent vote of both houses, or by the separate vote of eitherhouse of the General Assembly, the vote shall be taken viva voce, andentered on the journals. 
15. Privileges of members. 
The members of the General Assembly shall, in all cases except treason,felony, and breach or surety of the peace, be privileged from arrestduring their attendance at the sessions of their respective houses;and, in going to and returning from the same; and, for any speech ordebate in either house, they shall not be questioned in any otherplace. 
16. Per diem and mileage of General Assembly. 
Each member of the General Assembly shall receive six dollars per dayfor his services during the first sixty days of any regular session ofthe General Assembly, and if any regular session shall be extended,such member shall serve without further per diem. Each member of theGeneral Assembly shall also receive ten cents per mile for each miletraveled in going to and returning from the seat of government, overthe most direct and practicable route. When convened in extraordinarysession by the Governor, they shall each receive three dollars per dayfor their services during the first fifteen days, and if suchextraordinary session shall extend beyond fifteen days, they shallreceive no further per diem. They shall be entitled to the same mileagefor any extraordinary session as herein provided for regular sessions.The terms of all members of the General Assembly shall begin on the dayof their election, and they shall receive no compensation, perquisiteor allowance whatever, except as herein provided. [As amended by Const.Amend. 5.] 
17. Duration of sessions. 
         (a)Aregular biennial session shall not exceed sixty (60) calendar days induration, unlessextendedbyavoteoftwo-thirds(2/3)ofthememberselectedtoeachhouseoftheGeneralAssembly.Theregularbiennialsessionshallnotexceedseventyfive(75)calendardaysinduration, unless extended by a vote of three-fourths (¾) of the memberselected to each house of the General Assembly. 
         (b)Afiscal session shall not exceed thirty (30) calendar days in duration,except that by a vote of three-fourths (¾) of the members elected toeach house of the General Assembly a fiscal session may be extended one(1) time by no more than fifteen (15) calendar days. 
        (c)Provided, that this section shall not apply when impeachments arepending. 
18. Presiding officers. 
Each house, at the beginning of every regular session of the GeneralAssembly, and whenever a vacancy may occur, shall elect from itsmembers a presiding officer, to be styled, respectively, the Presidentof the Senate, and the Speaker of the House of Representatives; andwhenever, at the close of any session, it may appear that the term ofthe member elected President of the 
Senate will expire before the next regular session, the Senate shallelect another President from those members whose terms of officecontinue over, who shall qualify and remain President of the Senateuntil his successor may be elected and qualified; and who, in the caseof a vacancy in the office of Governor, shall perform the duties andexercise the powers of Governor as elsewhere herein provided. 
19. Style of laws - Enacting clause. 
The style of the laws of the State of Arkansas shall be: 'Be it enactedby the General Assembly of the State of Arkansas.' 
20. State not made defendant. 
The State of Arkansas shall never be made defendant in any of hercourts. 
21. Laws by bills - Amendment. 
No law shall be passed except by bill, and no bill shall be so alteredor amended on its passage through either house, as to change itsoriginal purpose. 
22. Passage of bills. 
Every bill shall be read at length, on three different days, in eachhouse; unless the rules be suspended by two-thirds of the house, whenthe same may be read a second or third time on the same day; and nobill shall become a law unless, on its final passage, the vote be takenby yeas and nays; the names of the persons voting for and against thesame be entered on the journal; and a majority of each house berecorded thereon as voting in its favor. 
23. Revival, amendment or extension of laws. 
No law shall be revived, amended, or the provisions thereof extended orconferred, by reference to its title only; but so much thereof as isrevived, amended, extended or conferred, shall be reenacted andpublished at length. 
24. Local and special laws. 
The General Assembly shall not pass any local or special law, changingthe venue in criminal cases; changing the names of persons, or adoptingor legitimating children; granting divorces; vacating roads, streets oralleys. 
25. Special laws - Suspension of general laws. 
In all cases where a general law can be made applicable, no special lawshall be enacted; nor shall the operation of any general law besuspended by the legislature for the benefit of any particularindividual, corporation or association; nor where the courts havejurisdiction to grant the powers, or the privileges, or the reliefasked for. 
26. Notice of local or special bills. 
No local or special bill shall be passed, unless notice of theintention to apply therefor shall have been published, in the localitywhere the matter or the thing to be affected may be situated; whichnotice shall be, at least, thirty days prior to the introduction intothe General Assembly of such bill, and in the manner to be provided bylaw. The evidence of such notice having been published, shall beexhibited in the General Assembly before such act shall be passed. 
27. Extra compensation prohibited - Exception. 
No extra compensation shall be made to any officer, agent, employee, orcontractor, after the service shall have been rendered, or the contractmade; nor shall any money be appropriated or paid on any claim, thesubject matter of which shall not have been provided for by preexistinglaws; unless such compensation, or claim, be allowed by bill passed bytwo-thirds of the members elected to each branch of the GeneralAssembly. 
28. Adjournments. 
Neither house shall, without the consent of the other, adjourn for morethan three days; nor to any other place than that in which the twohouses shall be sitting. 
29. Appropriations. 
Nomoneyshallbedrawnfromthetreasuryexceptinpursuanceofspecificappropriationmade by law, the purpose of which shall be distinctly stated in thebill, and the maximum amount which may be drawn shall be specified indollars and cents; and no appropriations made by the General Assemblyafter December 31, 2008, shall be for a longer period than one (1)fiscal year. 
30. General and special appropriations. 
The general appropriation bill shall embrace nothing but appropriationsfor the ordinary expenses of the executive, legislative and judicialdepartments of the State; all other appropriations shall be made byseparate bills, each embracing but one subject. 
31. Purposes of taxes and appropriations. 
No State tax shall be allowed, or appropriation of money made, exceptto raise means for the payment of the just debts of the State, fordefraying the necessary expenses of government, to sustain commonschools, to repel invasion and suppress insurrection, except by amajority of two-thirds of both houses of the General Assembly. 
32. Workmen's Compensation Laws - Actions for personal injuries. 
The General Assembly shall have power to enact laws prescribing theamount of compensation to be paid by employers for injuries to or deathof employees, and to whom said payment shall be made. It shall havepower to provide the means, methods, and forum for adjudicating claimsarising under said laws, and for securing payment of same. Provided,that otherwise no law shall be enacted limiting the amount to berecovered for injuries resulting in death or for injuries to persons orproperty; and in case of death from such injuries the right of actionshall survive, and the General Assembly shall prescribe for whosebenefit such action shall be prosecuted. [As amended by Const. Amend.26.] 
33. Liabilities of corporations to state. 
No obligation or liability of any railroad, or other corporation, heldor owned by this State shall ever be exchanged, transferred, remitted,postponed or in any way diminished by the General Assembly; nor shallsuch liability or obligation be released, except by payment thereofinto the State treasury. 
34. Introduction of bills - Time limit. 
No new bill shall be introduced into either house during the last threedays of a regular or fiscal session. 
35. Bribery of member of General Assembly or state officer. 
Any person who shall, directly or indirectly, offer, give, or promiseany money, or thing of value, testimonial, privilege or personaladvantage to any executive or judicial officer, or member of theGeneral Assembly; and any such executive or judicial officer, or memberof the General Assembly, who shall receive or consent to receive anysuch consideration, either directly or indirectly, to influence hisaction in the performance or non performance of his public or officialduty, shall be guilty of a felony, and be punished accordingly. 
36. Expulsion of member no bar to indictment. 
Proceedings to expel a member for a criminal offense, whethersuccessful or not, shall not bar an indictment and punishment, underthe criminal laws, for the same offense. 
37. Laws - Enactment - Majority required. 
§ 1. Not less than a majority of the members of each House of theGeneral Assembly may enact a law. [As added to Art. 5 by Const. Amend.19.] 
38. Taxes - Increase - Approval by electors. 
§ 2. None of the rates for property, excise, privilege or personaltaxes, now levied shall be increased by the General Assembly exceptafter the approval of the qualified electors voting thereon at anelection, or in case of emergency, by the votes of three-fourths of themembers elected to each House of the General Assembly. [As added toArt. 5 by Const. Amend. 19.] 
39. State expenses - Limitation - Exceptions. 
§ 3. Excepting monies raised or collected for educational purposes,highway purposes, to pay Confederate pensions and the just debts of theState, the General Assembly is hereby prohibited from appropriating orexpending more than the sum of Two and One-Half Million Dollars for allpurposes, for any fiscal year; provided the limit herein fixed may beexceeded by the votes of three-fourths of the members elected to eachHouse of the General Assembly. 
40. General appropriation bill - Enactment. 
§ 4. In making appropriations for any fiscal year, the General Assemblyshall first pass the General Appropriation Bill provided for in Section30 of Article 5 of the Constitution, and no other appropriation billmay be enacted before that shall have been done. 
41. Expenses incurred or authorized only by bill - Repealing clause. 
§ 5. No expense shall be incurred or authorized for either House exceptby a bill duly passed by both Houses and approved by the Governor. [Asadded to Art. 5 by Const. Amend. 19.] 


 Article 6. 
Executive Department. 
Section: 
 1. Executive officers. 
 2. Governor - Supreme executive power. 
 3. Election of executive officers. 
 4. Contested election. 
 5. Qualifications of Governor. 
 6. Governor, commander-in-chief of armed services. 
 7. Information and reports from departments. 
 8. Messages to General Assembly. 
 9. Seal of State. 
 10. Grants and commissions. 
 11. Incompatible offices. 
 12. President of Senate succeeding to Governor's office. 
 13. Speaker of House succeeding to office of Governor. 
 14. Election to fill vacancy. 
 15. Approval of bills - Vetoes. 
 16. Concurrent orders or resolutions - Veto. 
 17. Vetoes of items of appropriation bills. 
 18. Pardoning power. 
 19. Extraordinary sessions of General Assembly - Calling -Purposes. 
 20. Power to adjourn General Assembly. 
 21. Duties of Secretary of State. 
 22. Duties of executive officers in general - Dual officeholding prohibited - Vacancies - Filling. 
 23. Filling vacancies in other offices. 
1. Executive officers. 
The executive department of this State shall consist of a Governor,Lieutenant Governor, Secretary of State, Treasurer of State, Auditor ofState and Attorney General, all of whom shall keep their offices inperson at the seat of government and hold their offices for the term oftwo years and until their successors are elected and qualified, and theGeneral Assembly may provide by law for the establishment of the officeof Commissioner of State Lands. [As amended by Const. Amend. 6, § 1.] 
2. Governor - Supreme executive power. 
The supreme executive power of this State shall be vested in a chiefmagistrate, who shall be styled 'the Governor of the State ofArkansas.' 
3. Election of executive officers. 
The Governor, Secretary of State, Treasurer of State, Auditor of State,and Attorney General shall be elected by the qualified electors of theState at large, at the time and places of voting for members of theGeneral Assembly; the returns of each election therefor shall be sealedup separately and transmitted to the seat of government by thereturning officers, and directed to the Speaker of the House ofRepresentatives; who shall, during the first week of the session, openand publish the votes cast and given for each of the respectiveofficers hereinbefore mentioned, in the presence of both houses of theGeneral Assembly. The person having the highest number of votes, foreach of the respective offices, shall be declared duly elected thereto;but if two or more shall be equal, and highest in votes for the sameoffice, one of them shall be chosen by the joint vote of both houses ofthe General Assembly, and a majority of all the members elected shallbe necessary to a choice. 
4. Contested election. 
Contested elections for Governor, Secretary of State, Treasurer ofState, Auditor of State, and Attorney General shall be determined bythe members of both houses of the General Assembly, in joint session;who shall have exclusive jurisdiction in trying and determining thesame, except as hereinafter provided in the case of special elections;and all such contests shall be tried and determined at the firstsession of the General Assembly after the election in which the sameshall have arisen. 
5. Qualifications of Governor. 
No person shall be eligible to the office of Governor except a citizenof the United States, who shall have attained the age of thirty years,and shall have been seven years a resident of this State. 
6. Governor, commander-in-chief of armed services. 
The Governor shall be commander-in-chief of the military and navalforces of this State, except when they shall be called into the actualservice of the United States. 
7. Information and reports from departments. 
He may require information, in writing, from the officers of theexecutive department, on any subject relating to the duties of theirrespective offices; and shall see that the laws are faithfullyexecuted. 
8. Messages to General Assembly. 
He shall give to the General Assembly, from time to time, and at theclose of his official term, to the next General Assembly, information,by message, concerning the condition and government of the State; andrecommend for their consideration such measures as he may deemexpedient. 
9. Seal of State. 
A seal of the State shall be kept by the Governor, used by himofficially, and called the 'Great Seal of the State of Arkansas.' 
10. Grants and commissions. 
All grants and commissions shall be issued in the name, and by theauthority, of the State of Arkansas; sealed with the great seal of theState; signed by the Governor, and attested by the Secretary of State. 
11. Incompatible offices. 
No member of Congress, or other person holding office under theauthority of this State, or of the United States, shall exercise theoffice of Governor, except as herein provided. 
12. President of Senate succeeding to Governor's office. 
In case of the death, conviction on impeachment, failure to qualify,resignation, absence from the State, or other disability of theGovernor, the powers, duties and emoluments of the office for theremainder of the term, or until the disability be removed, or aGovernor elected and qualified, shall devolve upon, and accrue, to thePresident of the Senate. 
13. Speaker of House succeeding to office of Governor. 
If, during the vacancy of the office of Governor, the President of theSenate shall be impeached, removed from office, refuse to qualify,resign, die, or be absent from the State; the Speaker of the House ofRepresentatives shall, in like manner, administer the government. 
14. Election to fill vacancy. 
Whenever the office of Governor shall have become vacant by death,resignation, removal from office or otherwise, provided such vacancyshall not happen within twelve months next before the expiration of theterm of office for which the late Governor shall have been elected, thePresident of the Senate or Speaker of the House of Representatives, asthe case may be, exercising the powers of Governor for the time being,shall immediately cause an election to be held to fill such vacancy,giving, by proclamation, sixty days, previous notice thereof, whichelection shall be governed by the same rules prescribed for generalelections of Governor as far as applicable; the returns shall be madeto the Secretary of State, and the acting Governor, Secretary of Stateand Attorney General shall constitute a board of canvassers, a majorityof whom shall compare said returns and declare who is elected; and ifthere be a contested election, it shall be decided as may be providedby law. 
15. Approval of bills - Vetoes. 
Every bill which shall have passed both houses of the General Assembly,shall be presented to the Governor; if he approve it, he shall sign it;but if he shall not approve it, he shall return it, with hisobjections, to the house in which it originated; which house shallenter the objections at large upon their journal and proceed toreconsider it. If, after such reconsideration, a majority of the wholenumber elected to that house, shall agree to pass the bill, it shall besent, with the objections, to the other house; by which, likewise, itshall be reconsidered; and, if approved by a majority of the wholenumber elected to that house, it shall be a law; but in such cases thevote of both houses shall be determined by 'yeas and nays;' and thenames of the members voting for or against the bill, shall be enteredon the journals. If any bill shall not be returned by the Governorwithin five days, Sundays excepted, after it shall have been presentedto him, the same shall be a law in like manner as if he had signed it;unless the General Assembly, by their adjournment, prevent its return;in which case it shall become a law, unless he shall file the same,with his objections, in the office of the Secretary of State, and givenotice thereof, by public proclamation, within twenty days after suchadjournment. 
16. Concurrent orders or resolutions - Veto. 
Every order or resolution in which the concurrence of both houses ofthe General Assembly may be necessary, except on questions ofadjournment, shall be presented to the Governor, and, before it shalltake effect, be approved by him; or, being disapproved, shall berepassed by both houses according to the rules and limitationsprescribed in the case of a bill. 
17. Vetoes of items of appropriation bills. 
The Governor shall have power to disapprove any item, or items, of anybill making appropriation of money, embracing distinct items; and thepart or parts of the bill approved shall be the law; and the item oritems of appropriations disapproved, shall be void unless repassedaccording to the rules and limitations prescribed for the passage ofother bills over the executive veto. 
18. Pardoning power. 
In all criminal and penal cases, except in those of treason andimpeachment, the Governor shall have power to grant reprieves,commutations of sentence, and pardons, after conviction; and to remitfines and forfeitures, under such rules and regulations as shall beprescribed by law. In cases of treason, he shall have power, by andwith the advice and consent of the Senate, to grant reprieves andpardons; and he may, in the recess of the Senate, respite the sentenceuntil the adjournment of the next regular session of the GeneralAssembly. He shall communicate to the General Assembly at every regularsession each case of reprieve, commutation or pardon, with his reasonstherefor; stating the name and crime of the convict, the sentence, itsdate, and the date of the commutation, pardon or reprieve. 
19. Extraordinary sessions of General Assembly - Calling - Purposes. 
The Governor may, by proclamation, on extraordinary occasions, convenethe General Assembly at the seat of government, or at a differentplace, if that shall have become, since their last adjournment,dangerous from an enemy or contagious disease; and he shall specify inhis proclamation the purpose for which they are convened; and no otherbusiness than that set forth therein shall be transacted until the sameshall have been disposed of; after which they may, by a vote oftwo-thirds of all the members elected to both houses, entered upontheir journals, remain in session not exceeding fifteen days. 
20. Power to adjourn General Assembly. 
In cases of disagreement between the two houses of the GeneralAssembly, at a regular or special session, with respect to the time ofadjournment, the Governor may, if the facts be certified to him by thepresiding officers of the two houses, adjourn them to a time not beyondthe day of their next meeting; and on account of danger from an enemyor disease, to such other place of safety as he may think proper. 
21. Duties of Secretary of State. 
The Secretary of State shall keep a full and accurate record of all theofficial acts and proceedings of the Governor; and, when required, laythe same with all papers, minutes and vouchers relating thereto, beforeeither branch of the General Assembly. He shall also discharge theduties of Superintendent of Public Instruction, until otherwiseprovided by law.
22. Duties of executive officers in general - Dual office holdingprohibited - Vacancies - Filling. 
The Treasurer of State, Secretary of State, Auditor of State, andAttorney-General shall perform such duties as may be prescribed by law;they shall not hold any other office or commission, civil or military,in this State or under any State, or the United States, or any otherpower, at one and the same time; and in case of vacancy occurring inany of said offices, by death, resignation or otherwise, the Governorshall fill said office by appointment for the unexpired term. 
23. Filling vacancies in other offices. 
When any office, from any cause, may become vacant, and no mode isprovided by the Constitution and laws for filling such vacancy, theGovernor shall have the power to fill the same by granting acommission, which shall expire when the person elected to fill saidoffice, at the next general election, shall be duly qualified. 


Article 7. 
Judicial Department. 
Section: 
 1 - 18. [Repealed.] 
 19. Circuit clerks - Election - Term of office - Ex-officioduties - County clerks elected incertain counties. 
 20 - 22. [Repealed.] 
 23. Charge to juries. 
 24. [Repealed.] 
 25. [Repealed.] 
 26. Punishment of indirect contempt provided for by law. 
 27. Removal of county and township officers - Grounds. 
 28. County courts - Jurisdiction - Single judge holdingcourt. 
 29. County judge - Election - Term - Qualifications. 
 30. Quorum court - County judge and justices of peace. 
 31. County court - Terms. 
 32. [Repealed.] 
 33. Appeals from county and common pleas courts. 
 34. [Repealed.] 
 35. [Repealed.] 
 36. Special judges of county or probate courts. 
 37. Compensation of county judge - Powers during absence ofcircuit judge. 
 38. Justices of the peace - Election - Term - Oath. 
 39. [Repealed.] 
 40. [Repealed.] 
 41. Qualifications of justice of peace. 
 42. [Repealed.] 
 43. [Repealed.] 
 44. [Repealed.] 
 45. [Repealed.] 
 46. County executive officers - Compensation of countyassessor. 
 47. Constables - Term of office - Certificate of election. 
 48. Commissions of officers. 
 49. Style of process and of indictments. 
 50. [Repealed.] 
 51. Appeals from county or municipal allowances - Bond. 
 52. Appeals in election contests. 
§ 1 - 18. [Repealed.] 
19. Circuit clerks - Election - Term of office - Ex-officio duties -County clerks elected in certain counties. 
The clerks of the circuit courts shall be elected by the qualifiedelectors of the several counties for the term of two years, and shallbe ex-officio clerks of the county and probate courts and recorder;provided, that in any county having a population exceeding fifteenthousand inhabitants, as shown by the last Federal census, there shallbe elected a county clerk, in like manner as the clerk of the circuitcourt, and in such case the county clerk shall be ex-officio clerk ofthe probate court of such county until otherwise provided by theGeneral Assembly. [As amended by Const. Amend. 24, § 3.] 
§ 20 - 22. [Repealed.] 
23. Charge to juries. 
Judges shall not charge juries with regard to matters of fact, butshall declare the law; and, in jury trials, shall reduce their chargeor instructions to writing, on the request of either party. 
24. [Repealed.] 
25. [Repealed.] 
26. Punishment of indirect contempt provided for by law. 
The General Assembly shall have power to regulate, by law, thepunishment of contempts; not committed in the presence or hearing ofthe courts, or in disobedience of process. 
27. Removal of county and township officers - Grounds. 
The Circuit Court shall have jurisdiction upon information,presentment, or indictment, to remove any county or township officerfrom office for incompetency, corruption, gross immorality, criminalconduct, malfeasance, misfeasance or nonfeasance in office. 
28. County courts - Jurisdiction - Single judge holding court. 
The County Courts shall have exclusive original jurisdiction in allmatters relating to county taxes, roads, bridges, ferries, paupers,bastardy, vagrants, the apprenticeship of minors, the disbursement ofmoney for county purposes, and in every other case that may benecessary to the internal improvement and local concerns of therespective counties. The County Court shall be held by one judge,except in cases otherwise herein provided. 
29. County judge - Election - Term - Qualifications. 
The Judge of the County Court shall be elected by the qualifiedelectors of the county for the term of two years. He shall be at leasttwenty-five years of age, a citizen of the United States, a man ofupright character, of good business education, and a resident of theState for two years before his election; and a resident of the countyat the time of his election, and during his continuance in office. 
30. Quorum court - County judge and justices of peace. 
The Justices of the Peace of each county shall sit with and assist theCounty Judge in levying the county taxes, and in making appropriationsfor the expenses of the county, in the manner to be prescribed by law;and the County Judge, together with a majority of said Justices, shallconstitute a quorum for such purposes; and in the absence of the CountyJudge a majority of the Justices of the Peace may constitute the court,who shall elect one of their number to preside. The General Assemblyshall regulate by law the manner of compelling the attendance of suchquorum. 
31. County court - Terms. 
The terms of the County Courts shall be held at the times that are nowprescribed for holding the Supervisors' Courts, or may hereafter beprescribed by law. 
32. [Repealed.] 
33. Appeals from county and common pleas courts. 
Appeals from all judgments of County Courts or Courts of Common Pleas,when established, may be taken to the Circuit Court under suchrestrictions and regulations as may be prescribed by law. 
34. [Repealed.] 
35. [Repealed.] 
36. Special judges of county or probate courts. 
Whenever a Judge of the County or Probate Court may be disqualifiedfrom presiding, in any cause or causes pending in his court, he shallcertify the facts to the Governor of the State, who shall thereuponcommission a special judge to preside in such cause or causes duringthe time said disqualification may continue, or until such cause orcauses may be finally disposed of.37. Compensation of county judge -Powers during absence of circuit judge. The County Judge shall receivesuch compensation for his services as presiding Judge of the CountyCourt, as Judge of the Court of Probate and Judge of the Court ofCommon Pleas, when established, as may be provided by law. In theabsence of the Circuit Judge from the county, the County Judge shallhave power to issue orders for injunctions and other provisional writsin their counties, returnable to the court having jurisdiction;provided, that either party may have such order reviewed by anysuperior Judge in vacation in such manner as shall be provided by law.The County Judge shall have power, in the absence of the Circuit Judgefrom the county, to issue, hear and determine writs of habeas corpus,under such regulations and restrictions as shall be provided by law. 
38. Justices of the peace - Election - Term - Oath. 
The qualified electors of each township shall elect the Justices of thePeace for the term of two years; who shall be commissioned by theGovernor, and their official oath shall be indorsed on the commission. 
39. [Repealed.] 
40. [Repealed.] 
41. Qualifications of justice of peace. 
A Justice of the Peace shall be a qualified elector and a resident ofthe township for which he is elected. 
42. [Repealed.] 
43. [Repealed.] 
44. [Repealed.] 
45. [Repealed.] 
46. County executive officers - Compensation of county assessor. 
The qualified electors of each county shall elect one Sheriff, whoshall be ex-officio collector of taxes, unless otherwise provided bylaw; one Assessor, one Coroner, one Treasurer, who shall be ex-officiotreasurer of the common school fund of the county, and one CountySurveyor; for the term of two years, with such duties as are now or maybe prescribed by law: Provided, that no per centum shall ever be paidto assessors upon the valuation or assessment of property by them. 
47. Constables - Term of office - Certificate of election. 
The qualified electors of each township shall elect the Constable forthe term of two years, who shall be furnished, by the presiding Judgeof the County Court, with a certificate of election, on which hisofficial oath shall be indorsed. 
48. Commissions of officers. 
All officers provided for in this article, except Constables, shall becommissioned by the Governor. 
49. Style of process and of indictments. 
All writs and other judicial process, shall run in the name of theState of Arkansas, bear test and be signed by the clerks of therespective courts from which they issue. Indictments shall conclude:'Against the peace and dignity of the State of Arkansas.' 
50. [Repealed.] 
51. Appeals from county or municipal allowances - Bond. 
That in all cases of allowances made for or against counties, cities ortowns, an appeal shall lie to the Circuit Court of the county, at theinstance of the party aggrieved, or on the intervention of any citizenor resident and tax payer of such county, city or town, on the sameterms and conditions on which appeals may be granted to the CircuitCourt in other cases; and the matter pertaining to any such allowanceshall be tried in the Circuit Court de novo. In case an appeal be takenby any citizen, he shall give a bond, payable to the proper county,conditioned to prosecute the appeal, and save the county from costs onaccount of the same being taken. 
52. Appeals in election contests. 
That in all cases of contest for any county, township, or municipaloffice, an appeal shall lie at the instance of the party aggrieved,from any inferior board, council, or tribunal to the Circuit Court, onthe same terms and conditions on which appeals may be granted to theCircuit Court in other cases, and on such appeals the case shall betried de novo. 


Article 8. 
Apportionment - Membership in General Assembly. 
Section: 
 1. Board of apportionment created - Powers and duties. 
 2. One hundred members in House of Representatives -Apportionment. 
 3. Senatorial districts - Thirty-five members of Senate. 
 4. Duties of Board of Apportionment. 
 5. Mandamus to compel Board of Apportionment to act. 
 6. Election of Senators and Representatives. 
1. Board of apportionment created - Powers and duties. 
A Board to be known as 'The Board of Apportionment,' consisting of theGovernor (who shall be Chairman), the Secretary of State and theAttorney General is hereby created and it shall be its imperative dutyto make apportionment of representatives in accordance with theprovisions hereof; the action of a majority in each instance shall bedeemed the action of said board. [As amended by Const. Amends. 23 and45.] 
2. One hundred members in House of Representatives - Apportionment. 
The House of Representatives shall consist of one hundred members andeach county existing at the time of any apportionment shall have atleast one representative; the remaining members shall be equallydistributed (as nearly as practicable) among the more populous countiesof the State, in accordance with a ratio to be determined by thepopulation of said counties as shown by the Federal census nextpreceding any apportionment hereunder. [As amended by Const. Amends. 23and 45.] 
3. Senatorial districts - Thirty-five members of Senate. 
The Senate shall consist of thirty-five members. Senatorial districtsshall at all times consist of contiguous territory, and no county shallbe divided in the formation of such districts. 'The Board ofApportionment' hereby created shall, from time to time, divide thestate into convenient senatorial districts in such manner as that theSenate shall be based upon the inhabitants of the state, each senatorrepresenting, as nearly as practicable, an equal number thereof; eachdistrict shall have at least one senator. [As amended by Const. Amend.23.] 
4. Duties of Board of Apportionment. 
On or before February 1 immediately following each Federal census, saidboard shall reapportion the State for Representatives, and in eachinstance said board shall file its report with the Secretary of State,setting forth (a) the basis of population adopted for representatives;(b) the number of representatives assigned to each county; whereupon,after 30 days from such filing date, the apportionment thus made shallbecome effective unless proceedings for revision be instituted in theSupreme Court within said period. [As amended by Const. Amends. 23 and45.]
5. Mandamus to compel Board of Apportionment to act. 
Original jurisdiction (to be exercised on application of any citizensand taxpayers) is hereby vested in the Supreme Court of the State (a)to compel (by mandamus or otherwise) the board to perform its duties ashere directed and (b) to revise any arbitrary action of or abuse ofdiscretion by the board in making such apportionment; provided any suchapplication for revision shall be filed with said Court within 30 daysafter the filing of the report of apportionment by said board with theSecretary of State; if revised by the court, a certified copy of itsjudgment shall be by the clerk thereof forthwith transmitted to theSecretary of State, and thereupon be and become a substitute for theapportionment made by the board. [As amended by Const. Amends. 23 and45.] 
6. Election of Senators and Representatives. 
At the next general election for State and County officers ensuingafter any such apportionment, Representatives shall be elected inaccordance therewith, Senators shall be elected henceforth according tothe apportionment now existing, and their respective terms of officeshall begin on January 1 next following. Senators shall be elected fora term of four years at the expiration of their present terms ofoffice. [As amended by Const. Amends. 23 and 45.] 


Article 9. 
 Exemption. 
Section: 
 1. Personal property exemptions of persons not heads offamilies. 
 2. Heads of families - Exempt personal property. 
 3. Homestead exemption from legal process - Exceptions. 
 4. Rural homestead - Acreage - Value. 
 5. Urban homestead - Acreage - Value. 
 6. Rights of widow and children. 
 7. Married woman's separate property - Right of disposition -Not liable for debts of husband. 
 8. Scheduling separate personal property of wife. 
 9. Exemptions under Constitution of 1868 - Existingobligations. 
 10. Homestead rights of minor children. 
1. Personal property exemptions of persons not heads of families. 
The personal property of any resident of this State, who is not marriedor the head of a family, in specific articles to be selected by suchresident, not exceeding in value the sum of two hundred dollars, inaddition to his or her wearing apparel, shall be exempt from seizure onattachment, or sale on execution or other process from any court,issued for the collection of any debt by contract: Provided, That noproperty shall be exempt from execution for debts contracted for thepurchase money therefor while in the hands of the vendee. 
2. Heads of families - Exempt personal property. 
The personal property of any resident of this State, who is married orthe head of a family, in specific articles to be selected by suchresident, not exceeding in value the sum of five hundred dollars, inaddition to his or her wearing apparel, and that of his or her family,shall be exempt from seizure on attachment, or sale on execution orother process from any court, on debt by contract. 
3. Homestead exemption from legal process - Exceptions. 
The homestead of any resident of this State, who is married or the headof a family, shall not be subject to the lien of any judgment or decreeof any court, or to sale under execution, or other process thereon,except such as may be rendered for the purchase money, or for specificliens, laborers' or mechanics' liens for improving the same, or fortaxes, or against executors, administrators, guardians, receivers,attorneys for moneys collected by them, and other trustees of anexpress trust, for moneys due from them in their fiduciary capacity. 
4. Rural homestead - Acreage - Value. 
The homestead outside any city, town or village, owned and occupied asa residence, shall consist of not exceeding one hundred and sixty acresof land, with the improvements thereon, to be selected by the owner;Provided, The same shall not exceed in value the sum of twenty-fivehundred dollars, and in no event shall the homestead be reduced to lessthan eighty acres, without regard to value. 
5. Urban homestead - Acreage - Value. 
The homestead in any city, town or village, owned and occupied as aresidence, shall consist of not exceeding one acre of land, with theimprovements thereon, to be selected by the owner; provided, the sameshall not exceed in value the sum of two thousand five hundred dollars,and in no event shall such homestead be reduced to less thanone-quarter of an acre of land, without regard to value. 
6. Rights of widow and children. 
If the owner of a homestead die, leaving a widow, but no children, andsaid widow has no separate homestead in her own right, the same shallbe exempt, and the rents and profits thereof shall vest in her duringher natural life; Provided, That if the owner leaves children, one ormore, said child or children shall share with said widow, and beentitled to half the rents and profits till each of them arrives attwenty-one years of age - each child's rights to cease at twenty-oneyears of age - and the shares to go to the younger children; and thenall to go to the widow; and, provided, that said widow or children mayreside on the homestead or not. And in case of the death of the widow,all of said homestead shall be vested in the minor children of thetestator or intestate. 
7. Married woman's separate property- Right of disposition - Not liablefor debts of husband. 
The real and personal property of any femme covert in this State,acquired either before or after marriage, whether by gift, grant,inheritance, devise or otherwise, shall, so long as she may choose, beand remain her separate estate and property, and may be devised,bequeathed or conveyed by her the same as if she were a femme sole; andthe same shall not be subject to the debts of her husband. 
8. Scheduling separate personal property of wife. 
The General Assembly shall provide for the time and mode of schedulingthe separate personal property of married women. 
9. Exemptions under Constitution of 1868 - Existing obligations. 
The exemptions contained in the Constitution of 1868 shall apply to alldebts contracted since the adoption thereof, and prior to the adoptionof this Constitution. 
10. Homestead rights of minor children. 
The homestead provided for in this article shall inure to the benefitof the minor children, under the exemptions herein provided, after thedecease of the parents. 


Article 10. 
Agriculture, Mining and Manufacture. 
Section: 
 1. Mining, manufacturing and agricultural bureau - State aid.
 2. State geologist - Creation of office - Appointment andremoval. 
 3. Exemption of mines and manufactures from taxation. 
1. Mining, manufacturing and agricultural bureau - State aid. 
The General Assembly shall pass such laws as will foster and aid theagricultural, mining and manufacturing interests of the State, and maycreate a bureau, to be known as the Mining, Manufacturing andAgricultural Bureau. 
2. State geologist - Creation of office - Appointment and removal. 
The General Assembly, when deemed expedient, may create the office ofState Geologist, to be appointed by the Governor, by and with theadvice and consent of the Senate, who shall hold his office for suchtime, and perform such duties, and receive such compensation as may beprescribed by law; Provided: That he shall be at all times subject toremoval by the Governor, for incompetency or gross neglect of duty. 
3. Exemption of mines and manufactures from taxation. 
The General Assembly may, by general law, exempt from taxation for theterm of seven years from the ratification of this Constitution, thecapital invested in any or all kinds of mining and manufacturingbusiness in this State, under such regulations and restrictions as maybe prescribed by law. 


Article 11. 
Militia. 
Section: 
 1. Persons liable to military duty. 
 2. Volunteer companies. 
 3. Privilege of members from arrest. 
 4. Authority to call out volunteers or militia. 
1. Persons liable to military duty. 
The militia shall consist of all able-bodied male persons, residents ofthe State, between the ages of eighteen and forty-five years; exceptsuch as may be exempted by the laws of the United States, or thisState; and shall be organized, officered, armed and equipped andtrained in such manner as may be provided by law. 
2. Volunteer companies. 
Volunteer Companies of Infantry, Cavalry or Artillery may be formed insuch manner and with such restrictions as may be provided by law. 
3. Privilege of members from arrest. 
The volunteer and militia forces shall in all cases (except treason,felony and breach of the peace) be privileged from arrest during theirattendance at muster and the election of officers, and in going to andreturning from the same. 
4. Authority to call out volunteers or militia. 
The Governor shall, when the General Assembly is not in session, havepower to call out the Volunteers or Militia, or both, to execute thelaws, repel invasion, repress insurrection and preserve the publicpeace; in such manner as may be authorized by law. 


 Article 12. 
 Municipal and Private Corporations. 
Section: 
 1. Revocation of certain charters. 
 2. Special acts prohibited - Exception. 
 3. Cities and towns - Organization under general laws. 
 4. Limitation on legislative and taxing power - Local bondissues. 
 5. Political subdivisions not to become stockholders in orlend credit to private corporations. 
 6. General incorporation laws - Charters - Revocation. 
 7. State not to be stockholder. 
 8. Private corporations - Issuance of stocks or bonds -Conditions and restrictions. 
 9. Taking of property by corporation - Compensation. 
 10. Issue of circulating paper. 
 11. Foreign corporations doing business in state. 
 12. State not to assume liabilities of political subdivisionsor private corporations - Indebtednessto state - Release. 
1. Revocation of certain charters. 
All existing charters or grants of special or exclusive privileges,under a bona fide organization shall not have taken place, and businessbeen commenced in good faith, at the time of the adoption of thisConstitution, shall thereafter have no validity. 
2. Special acts prohibited - Exception. 
The General Assembly shall pass no special act conferring corporatepowers, except for charitable, educational, penal or reformatorypurposes, where the corporations created are to be and remain under thepatronage and control of the state. 
3. Cities and towns - Organization under general laws. 
The General Assembly shall provide, by general laws, for theorganization of cities (which may be classified) and incorporatedtowns; and restrict their power of taxation, assessment, borrowingmoney and contracting debts, so as to prevent the abuse of such power. 
4. Limitation on legislative and taxing power - Local bond issues. 
No municipal corporation shall be authorized to pass any laws contraryto the general laws of the state; nor levy any tax on real or personalproperty to a greater extent, in one year, than five mills on thedollar of the assessed value of the same; Provided: That, to payindebtedness existing at the time of the adoption of this Constitution,an additional tax of not more than five mills on the dollar, may belevied. 
The fiscal affairs of counties, cities and incorporated towns shall beconducted on a sound financial basis, and no county court or levyingboard or agent of any county shall make or authorize any contract ormake any allowance for any purpose whatsoever in excess of the revenuefrom all sources for the fiscal year in which said contract orallowance is made; nor shall any county judge, county clerk, or othercounty officer, sign or issue any scrip warrant or make any allowancein excess of the revenue from all sources for the current fiscal year;nor shall any city council, board of aldermen, board of public affairs,or commissioners, of any city of the first or second class, or anyincorporated town, enter into any contract or make any allowance forany purpose whatsoever, or authorize the issuance of any contract orwarrants, scrip or other evidences of indebtedness in excess of therevenue for such city or town for the current fiscal year; nor shallany mayor, city clerk, or recorder, or any other officer or officers,however designated, of any city of the first or second class orincorporated town sign or issue scrip, warrant or other certificate ofindebtedness of excess of the revenue from all sources for the currentfiscal year. Provided, however, to secure funds to pay indebtednessoutstanding at the time of the adoption of this amendment, counties,cities, and incorporated towns may issue interest bearing certificatesof indebtedness or bonds with interest coupons for the payment of whicha county or city tax, in addition to that now authorized, not exceedingthree mills may be levied for the time as provided by law until suchindebtedness is paid. 
Where the annual report of any city or county in the State of Arkansasshows that scrip, warrants or other certificate of indebtedness hadbeen issued in excess of the total revenue for that year, the officeror officers of the county or city or incorporated town who authorized,signed or issued such scrip, warrants or other certificates ofindebtedness shall be deemed guilty of a misdemeanor and uponconviction thereof, shall be fined in any sum not less than fivehundred dollars nor more than ten thousand dollars, and shall beremoved from office. [As amended by Const. Amend. 10.] 
5.Politicalsubdivisionsnottobecomestockholdersinorlendcredittoprivatecorporations. 
No county, city, town or other municipal corporation, shall become astockholder in any company, association, or corporation; or obtain orappropriate money for, or loan its credit to, any corporation,association, institution or individual. 
6. General incorporation laws - Charters - Revocation. 
Corporations may be formed under general laws; which laws may, fromtime to time, be altered or repealed. The General Assembly shall havethe power to alter, revoke or annul any charter of incorporation nowexisting and revocable at the adoption of this Constitution, or anythat may hereafter be created, whenever, in their opinion, it may beinjurious to the citizens of this State; in such manner, however, thatno injustice shall be done to the corporators. 
7. State not to be stockholder. 
Except as herein provided, the State shall never become a stockholderin, or subscribe to, or be interested in the stock of any corporationor association. 
8. Private corporations - Issuance of stocks or bonds - Conditions andrestrictions. 
No private corporation shall issue stocks or bonds, except for money orproperty actually received, or labor done; and all fictitious increaseof stock or indebtedness shall be void; nor shall the stock or bondedindebtedness of any private corporation be increased, except inpursuance of general laws; nor until the consent of the persons holdingthe larger amount, in value, of stock, shall be obtained at a meetingheld after notice given, for a period not less than sixty days, inpursuance of law. 
9. Taking of property by corporation - Compensation. 
No property, nor right of way, shall be appropriated to the use of anycorporation, until full compensation therefor shall be first made tothe owner, in money; or first secured to him by a deposit of money;which compensation, irrespective of any benefit from any improvementproposed by such corporation, shall be ascertained by a jury of twelvemen, in a court of competent jurisdiction, as shall be prescribed bylaw. 
10. Issue of circulating paper. 
No act of the General Assembly shall be passed authorizing the issue ofbills, notes, or other paper which may circulate as money. 
11. Foreign corporations doing business in state. 
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 corporation 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 beserved; and, as to contracts made or business done in this State, theyshall be subject to the same regulations, limitations and liabilitiesas like corporations of this State; and shall exercise no other orgreater powers, privileges or franchises than may be exercised by likecorporations of this State; nor shall they have power to condemn orappropriate private property. 
12.Statenottoassumeliabilitiesofpoliticalsubdivisionsorprivatecorporations-Indebtedness to state - Release. 
Except as herein otherwise provided, the State shall never assume, orpay the debt or liability of any county, town, cityor other corporationwhatever; or any part thereof; unless such debt or liability shall havebeen created to repel invasion, suppress insurrection, or to providefor the public welfare and defense. Nor shall the indebtedness of anycorporation to the State, ever be released, or in any mannerdischarged, save by payment into the public treasury. 



Article 13. 
Counties, County Seats and County Lines. 
Section: 
 1. Size of counties - Exceptions. 
 2. Consent of voters to change of county lines. 
 3. Change of county seats - Conditions - New counties. 
 4. Lines of new counties - Distance from county seat ofadjoining county - Exception. 
 5. Sebastian County - Districts. 
1. Size of counties - Exceptions. 
No county now established shall be reduced to an area of less than sixhundred square miles, nor to less than five thousand inhabitants: norshall any new county be established with less than six hundred squaremiles and five thousand inhabitants:Provided, that this section shallnot apply to the counties of Lafayette, Pope and Johnson, nor be soconstrued as to prevent the General Assembly from changing the linebetween the counties of Pope and Johnson. 
2. Consent of voters to change of county lines. 
No part of a county shall be taken off to form a new county, or a partthereof, without the consent of a majority of the voters in such partproposed to be taken off. 
3. Change of county seats - Conditions - New counties. 
No county seat shall be established or changed without the consent of amajority of the qualified voters of the county to be affected by suchchange, nor until the place at which it is proposed to establish orchange such county seat shall be fully designated: Provided, That information of new counties, the county seat may be located temporarilyby provisions of law. 
4. Lines of new counties - Distance from county seat of adjoiningcounty - Exception. 
In the formation of new counties no line thereof shall run within tenmiles of the county seat of the county proposed to be divided, exceptthe county seat of Lafayette County. 
5. Sebastian County - Districts. 
Sebastian County may have two districts and two county seats, at whichcounty, probate and circuit courts shall be held as may be provided bylaw, each district paying its own expenses. 



Article 14. 
Education. 
Section: 
 1. Free school system. 
 2. School fund - Use - Purposes. 
 3. School tax - Budget - Approval of tax rate (Const., Art.14, § 3, as amended by Const.Amend. 11, Const. Amend. 40, amended, andConst. Amend. 74). 
 4. Supervision of schools. 
1. Free school system. 
Intelligence and virtue being the safeguards of liberty and the bulwarkof a free and good government, the State shall ever maintain a general,suitable and efficient system of free public schools and shall adoptall suitable means to secure to the people the advantages andopportunities of education. The specific intention of this amendment isto authorize that in addition to existing constitutional or statutoryprovisions the General Assembly and/or public school districts mayspend public funds for the education of persons over twenty-one (21)years of age and under six (6) years of age, as may be provided by law,and no other interpretation shall be given to it. [As amended by Const.Amend. 53.] 
2. School fund - Use - Purposes. 
No money or property belonging to the public school fund, or to thisState, for the benefit of schools or universities, shall ever be usedfor any other than for the respective purposes to which it belongs. 
3. School tax - Budget - Approval of tax rate (Const., Art. 14, § 3, asamended by Const. Amend. 11, Const. Amend. 40, amended, and Const.Amend. 74). 
 (a)The General Assembly shall provide for the support ofcommon schools by general law. In order to provide quality education,it is the goal of this state to provide a fair system for thedistribution of funds. It is recognized that, in providing such asystem, some funding variations may be necessary. The primary reasonfor allowing such variations is to allow school districts, to theextent permissible, to raise additional funds to enhance theeducational system within the school district. It is further recognizedthat funding variations or restrictions thereon may be necessary inorder to comply with, or due to, other provisions of this Constitution,the United States Constitution, state or federal laws, or court orders.
(b)(1)There is established a uniform rate of ad valorem property tax oftwenty-five (25) mills to be levied on the assessed value of alltaxable real, personal, and utility property in the state to be usedsolely for maintenance and operation of the schools. 
(2)Except as provided in this subsection the uniform rate of tax shallnot be an additional levy for maintenance and operation of the schoolsbut shall replace a portion of the existing rate of tax levied by eachschool district available for maintenance and operation of schools inthe school district. The rate of tax available for maintenance andoperation levied by each school district on the effective date of thisamendment shall be reduced to reflect the levy of the uniform rate oftax. If the rate of tax available for maintenance and operation leviedby a school district on the effective date of this amendment exceedsthe uniform rate of tax, the excess rate of tax shall continue to belevied by the school district until changed as provided in subsection(c)(1). If the rate of tax available for maintenance and operationlevied by a school district on the effective date of this amendment isless than the uniform rate of tax, the uniform rate of tax shallnevertheless be levied in the district. 
(3)The uniform rate of tax shall be assessed and collected in the samemanner as other school property taxes, but the net revenues from theuniform rate of tax shall be remitted to the State Treasurer anddistributed by the state to the school districts as provided by law. Noportion of the revenues from the uniform rate of tax shall be retainedby the state. The revenues so distributed shall be used by the schooldistricts solely for maintenance and operation of schools. 
(4)The General Assembly may by law propose an increase or decrease inthe uniform rate of tax and submit the question to the electors of thestate at the next general election. If a majority of the electors ofthe state voting on the issue vote Forthe proposed increase or decreasein the uniform rate of tax, the uniform rate of tax shall be increasedor decreased as approved. If a majority of the electors of the statevoting on the issue vote Againstthe proposed increase or decrease inthe uniform rate of tax, the uniform rate of tax shall continue to belevied at the rate for the year in which the election is held. 
(c)(1)In addition to the uniform rate of tax provided in subsection(b), school districts are authorized to levy, by a vote of thequalified electors respectively thereof, an annual ad valorem propertytax on the assessed value of taxable real, personal, and utilityproperty for the maintenance and operation of schools and theretirement of indebtedness. The Board of Directors of each schooldistrict shall prepare, approve and make public not less than sixty(60) days in advance of the annual school election a proposed budget ofexpenditures deemed necessary to provide for the foregoing purposes,together with a rate of tax levy sufficient to provide the fundstherefor, including the rate under any continuing levy for theretirement of indebtedness. The Board of Directors shall submit the taxat the annual school election or at such other time as may be providedby law. If a majority of the qualified voters in the school districtvoting in the school election approve the rate of tax proposed by theBoard of Directors, then the tax at the rate approved shall becollected as provided by law. In the event a majority of the qualifiedelectors voting in the school election disapprove the proposed rate oftax, then the tax shall be collected at the rate approved in the lastpreceding school election. However, if the rate last approved has beenmodified pursuant to subsection (b) or (c)(2) of this section, then thetax shall be collected at the modified rate until another rate isapproved. 
(2)The tax levied by a school district pursuant to subsection (c)(1) ofthis section may be reduced pursuant to procedures provided by law ifthe tax would cause the state or district to be out of compliance withany other provision of this Constitution, the United StatesConstitution, state or federal law, or court order. 
(3)No tax levied pursuant to subsection (c)(1) of this section shall beappropriated to any other district than that for which it is levied. 
(d)For the purposes of this section, 'maintenance and operation' meanssuch expenses for the general maintenance and operation of schools asmay be defined by law. [As amended by Const. Amends 11, 40 and 74.] 
4. Supervision of schools. 
The supervision of public schools, and the execution of the lawsregulating the same, shall be vested in and confided to, such officersas may be provided for by the General Assembly. 


Article 15. 
Impeachment and Address. 
Section: 
 1. Officers subject to impeachment - Grounds. 
 2. Impeachment by House - Trial by Senate - Presidingofficer. 
 3. Officers removable by Governor upon address. 
1. Officers subject to impeachment - Grounds. 
The Governor and all State officers, Judges of the Supreme and CircuitCourts, Chancellors and Prosecuting Attorneys, shall be liable toimpeachment for high crimes and misdemeanors, and gross misconduct inoffice; but the judgment shall go no further than removal from officeand disqualification to hold any office of honor, trust or profit underthis State. An impeachment, whether successful or not, shall be no barto an indictment. 
2. Impeachment by House - Trial by Senate - Presiding officer. 
The House of Representatives shall have the sole power of impeachment.All impeachments shall be tried by the Senate. When sitting for thatpurpose, the Senators shall be upon oath or affirmation; no personshall be convicted without the concurrence of two-thirds of the membersthereof. The Chief Justice shall preside, unless he is impeached orotherwise disqualified, when the Senate shall select a presidingofficer. 
3. Officers removable by Governor upon address. 
The governor, upon the joint address of two-thirds of all the memberselected to each House of the General Assembly, for good cause, mayremove the Auditor, Treasurer, Secretary of State, Attorney-General,Judges of the Supreme and Circuit Courts, Chancellors and ProsecutingAttorneys. 


Article 16. 
Finance and Taxation. 
Section: 
 1. Lending credit - Bond issues - Interest-bearing warrants. 
 2. Debts of state - Payment. 
 3. Making profit out of or misusing public funds - Penalty. 
 4. Salaries and fees of state officers. 
 5. Property taxed according to value - Procedures forvaluation - Tax exemptions. 
 6. Other tax exemptions forbidden. 
 7. Taxation of corporate property. 
 8. Maximum rate of state taxes. 
 9. County taxes - Limitation. 
 10. Payment of county and municipal taxes. 
 11. Levy and appropriation of taxes. 
 12. Disbursement of funds - Appropriation required. 
 13. Illegal exactions. 
 14. Procedure for adjustment of taxes after reappraisal orreassessment of property. 
 15. Assessment of residential property and agricultural,pasture, timber, residential andcommercial land. 
 16. Providing for exemption of value of residence of person65 or over. 
1. Lending credit - Bond issues - Interest-bearing warrants. 
Neither the State nor any city, county, town or other municipality inthis State shall ever lend its credit for any purpose whatever; norshall any county, city or town or municipality ever issue any interestbearing evidences of indebtedness, except such bonds as may beauthorized by law to provide for and secure the payment of theindebtedness existing at the time of the adoption of the Constitutionof 1874, and the State shall never issue any interest-bearing treasurywarrants or scrip. [As amended in 1918.] 
2. Debts of state - Payment. 
The General Assembly shall, from time to time, provide for the paymentof all just and legal debts of the State. 
3. Making profit out of or misusing public funds - Penalty. 
The making of profit out of public moneys, or using the same for anypurpose not authorized by law, by any officer of the State,or member orofficer of the General Assembly, shall be punishable as may be providedby law, but part of such punishment shall be disqualification to holdoffice in this State for a period of five years. 
4. Salaries and fees of state officers. 
The General Assembly shall fix the salaries and fees of all officers inthe State; and no greater salary or fee than that fixed by law shall bepaid to any officer, employee or other person, or at any rate otherthan par value; and the number and salaries of the clerks and employeesof the different departments of the State shall be fixed by law. 
5. Property taxed according to value - Procedures for valuation - Taxexemptions. 
 (a)All real and tangible personal property subject totaxation shall be taxed according to its value, that value to beascertained in such manner as the General Assembly shall direct, makingthe same equal and uniform throughout the State. No one species ofproperty for which a tax may be collected shall be taxed higher thananother species of property of equal value, except as provided andauthorized in Section 15 of this Article, and except as authorized inSection 14 of this Article. The General Assembly, upon the approvalthereof by a vote of not less than three- fourths (3/4ths) of themembers elected to each house, may establish the methods and proceduresfor valuation of property for taxation purposes, but may not alter themethod of valuation set forth in Section 15 of this Article. 
(b)The following property shall be exempt from taxation: publicproperty used exclusively for public purposes; churches used as such;cemeteries used exclusively as such; school buildings and apparatus;libraries and grounds used exclusively for school purposes; andbuildings and grounds and materials used exclusively for publiccharity. Nothing in this Section shall affect or repeal the provisionof Amendment 57 to the Constitution of the State of Arkansas pertainingto intangible personal property. [Added by Const. Amend. 59.] 
6. Other tax exemptions forbidden. 
All laws exempting property from taxation, other than as provided inthis Constitution shall be void. 
7. Taxation of corporate property. 
The power to tax corporations and corporate property, shall not besurrendered or suspended by any contract or grant to which the Statemay be a party. 
8. Maximum rate of state taxes. 
The General Assembly shall not have power to levy State taxes for anyone year to exceed, in the aggregate, one per cent of the assessedvaluation of the property of the State for that year. 
9. County taxes - Limitation. 
No county shall levy a tax to exceed one-half of one per cent., for allpurposes; but may levy an additional one-half of one per cent. to payindebtedness existing at the time of the ratification of thisConstitution. 
10. Payment of county and municipal taxes. 
The taxes of counties, towns and cities shall only be payable in lawfulcurrency of the United States, or the orders or warrants of saidcounties, towns and cities respectively. 
11. Levy and appropriation of taxes. 
No tax shall be levied except in pursuance of law, and every lawimposing a tax shall state distinctly the object of the same; and nomoneys arising from a tax levied for any purpose shall be used for anyother purpose. 
12. Disbursement of funds - Appropriation required. 
No money shall be paid out of the treasury until the same shall havebeen appropriated by law; and then only in accordance with saidappropriation. 
13. Illegal exactions. 
Any citizen of any county, city or town may institute suit, in behalfof himself and all others interested, to protect the inhabitantsthereof against the enforcement of any illegal exactions whatever. 
14. Procedure for adjustment of taxes after reappraisal or reassessmentof property. 
 (a)Whenever a countywide reappraisal or reassessment ofproperty subject to ad valorem taxes made in accordance with proceduresestablished by the General Assembly shall result in an increase in theaggregate value of taxable real and personal property in any taxingunit in this State of ten percent (10%) or more over the previous yearthe rate of city or town, county, school district, and communitycollege district taxes levied against the taxable real and personalproperty of each such taxing unit shall, upon completion of suchreappraisal or reassessment, be adjusted or rolled back, by thegoverning body of the taxing unit, for the year for which levied asprovided below. The General Assembly shall, by law, establish theprocedures to be followed by a county in making a countywidereappraisal or reassessment of property which will, upon completion,authorize the adjustment or rollback of property tax rates or millage,as authorized hereinabove. The adjustment or rollback of tax rates ormillage for the 'base year' as hereinafter defined shall be designed toassure that each taxing unit will receive an amount of tax revenue fromeach tax source no greater than ten percent (10%) above the revenuesreceived during the previous year from each such tax source, adjustedfor any lawful tax or millage rate increase or reduction imposed in themanner provided by law for the year for which the tax adjustment orrollback is to be made, and after making the following additionaladjustments: 
(i)by excluding from such calculation the assessed value of, and taxesderived from, tangible personal property assessed in the taxing unit,and all real and tangible personal property of public utilities andregulated carriers assessed in the taxing unit, and 
(ii)by computing the adjusted or rollback millage rates on the basis ofthe reassessed taxable real property for the base year that willproduce an amount of revenue no greater than ten percent 
(10%) above the revenues produced from the assessed value of realproperty in the taxing unit (after making the aforementionedadjustments for personal properties and properties of public utilitiesand regulated carriers noted above) from millage rates in effect in thetaxing unit during the base year in which the millage adjustment orrollback is to be calculated. Provided, further, that in calculatingthe amount of adjusted or rollback millage necessary to produce taxrevenues no greater than ten percent (10%) above the revenues receivedduring the previous year, the governing body shall separate from theassessed value of taxable real property of the taxing unit,newly-discovered real property and new construction and improvements toreal property, after making the adjustments for personal property orproperty of public utilities and regulated carriers noted above, andshall compute the millage necessary to produce an amount of revenuesequal to, but no greater than the base year revenues of the taxing unitfrom each millage source. Such taxing unit may elect either to obtainan increase in revenues equal to the amount of revenues that thecomputed or adjusted rollback millage will produce fromnewly-discovered real property and new construction and improvements toreal property, or if the same be less than ten percent (10%), thegoverning body of the taxing unit may recompute the millage rate to becharged to produce an amount no greater than ten percent (10%) abovethe revenues collected for taxable real property during the base year. 
Provided, however, that the amount of revenues to be derived fromtaxable personal property assessed in the taxing unit for the baseyear, other than personal property taxes to be paid by public utilitiesand regulated carriers in the manner provided hereinabove, shall becomputed at the millage necessary to produce the same dollar amount ofrevenues derived during the current year in which the base yearadjustment or rollback of millage is computed, and the millagenecessary to produce the amount of revenues received from personalproperty taxes received by the taxing unit, for the base year shall bereduced annually as the assessed value of taxable personal propertyincreases until the amount of revenues from personal property taxes,computed on the basis of the current year millage rates will produce anamount of revenues from taxable personal property equal to or greaterthan received during the base year, and thereafter the millage ratesfor computing personal property taxes shall be the millage rates leviedfor the current year. 
Provided, however, that the taxes to be paid by public utilities andregulated carriers in the respective taxing units of the severalcounties of this State during the first five (5) calendar years inwhich taxes are levied on the taxable real and personal property asreassessed and equalized in each of the respective counties as a partof a statewide reappraisal program, shall be the greater of thefollowing: 
(1)the amount of taxes paid on property owned by such public utilitiesor regulated carriers in or assigned to such taxing unit, lessadjustments for properties disposed of or reductions in the assessedvaluation of such properties in the base year as defined below, or 
(2)the amount of taxes due on the assessed valuation of taxable realand tangible personal property belonging to the public utilities orregulated carriers located in or assigned to the taxing unit in eachcounty at millage rates levied for the current year. As used herein,the term 'base year' shall mean the year in which a county completesreassessment and equalization of taxable real and personal property asa part of a statewide reappraisal program, and extends the adjusted orrolled back millage rates for the first time, as provided in subsection(a) of this Section, for the respective taxing units in such county forcollection in the following year. 
(i)in the event the amount of taxes paid the taxing unit in a county inthe base year, as defined herein, is greater than the taxes due to bepaid to such taxing unit for the current year of any year of the second(2nd) period of five (5) years after the base year, the differencebetween the base year taxes and the current year taxes for any year ofsuch five (5) year period shall be adjusted as follows: 
Current year ofTaxes shall be current year taxes 
second period of (5) to which shall be added the 
 following percentage of the 
years difference between the current 
 year taxes and the base year taxes 
 (if greater than current year taxes) 
1st year80% of difference 
2nd year60% of difference 
3rd year40% of difference 
4th year20% of difference 
5th year and thereafterCurrent years taxes only. 
(ii)if the current year taxes of a public utility or regulated carrierequal or exceed the base years taxes due a taxing unit during any yearof the first ten (10) years after the base year, the amount of taxes tobe paid to such taxing unit shall thereafter be the current years taxesand the adjustment authorized herein shall no longer apply in computingtaxes to be paid to such taxing unit. 
Provided, that in the event the aforementioned requirement for paymentof taxes by public utilities and regulated carriers, or any class ofutilities or carriers for the ten (10) year period noted above, shallbe held by court decision to be contrary to the constitution orstatutes of this State or of the Federal Government, the GeneralAssembly may provide for other utilities or classes of carriers toreceive the same treatment provided or required under the court order,if deemed necessary to promote equity between similar utilities orclasses of carriers. 
(b)The General Assembly shall, by law, provide for procedures to befollowed with respect to adjusting ad valorem taxes or millage pledgedfor bonded indebtedness purposes, to assure that the adjusted orrolled-back rate of tax or millage levied for bonded indebtednesspurposes will, at all times, provide a level of income sufficient tomeet the current requirements of all principal, interest, paying agentfees, reserves, and other requirements of the bond indenture. [Added byConst. Amend. 59.] 
15. Assessment of residential property and agricultural, pasture,timber, residential and commercial land. 
 (a)Residential property used solely as the principal place ofresidence of the owner thereof shall be assessed in accordance with itsvalue as a residence, so long as said property is used as the principalplace of residence of the owner thereof, and shall not be assessed inaccordance with some other method of valuation until said propertyceases to be used for such residential purpose. 
(b)Agricultural land, pasture land, timber land, residential andcommercial land, excluding structures thereon, used primarily as such,shall be valued for taxation purposes under the provisions of Section 5of this Article, upon the basis of its agricultural, pasture, timber,residential, or commercial productivity or use, and when so valued,such land shall be assessed at the same percentum of value and taxed atthe same rate as other property subject to ad valorem taxes. 
(c)The General Assembly shall enact laws providing for theadministration and enforement of this Section and for the imposition ofpenalties for violations of this Section, or statutes enacted pursuantthereto. [Added by Const. Amend. 59.] 
16. Providing for exemption of value of residence of person 65 or over.
The General Assembly, upon approval thereof by a vote of not less thanthree-fourths (3/4ths) of the members elected to each house, mayprovide that the valuation of real property actually occupied by itsowner as a residence who is sixty-five (65) years of age, or older, maybe exempt in such amount as may be determined by law, but no greaterthan the first Twenty Thousand Dollars ($20,000) in value thereof, as ahomestead from ad valorem property taxes. [Added by Const. Amend. 59.] 


Article 17. 
Railroads, Canals and Turnpikes. 
Section: 
 1. Common carriers - Construction of railroads. 
 2. Offices of common carriers. 
 3. Equal right to transportation. 
 4. Parallel or competing lines. 
 5. Officers, agents and employees of carrier - Personalinterest in contracts prohibited. 
 6. Discrimination by carriers. 
 7. Free passes. 
 8. Condition of remission of forfeitures. 
 9. Right of eminent domain. 
 10. Regulation of carriers. 
 11. Movable property of carriers subject to execution. 
 12. Damages by railroads to persons and property - Liability.
 13. Annual reports of railroads. 
1. Common carriers - Construction of railroads. 
All railroads, canals and turnpikes shall be public highways, and allrailroads and canal companies shall be common carriers. Any associationor corporation, organized for the purpose, shall have the right toconstruct and operate a railroad between any points within this State,and to connect at the State line with railroads of other States. Everyrailroad company shall have the right with its road to intersect,connect with, or cross any other road, and shall receive and transporteach the other's passengers, tonnage and cars, loaded or empty, withoutdelay or discrimination. 
2. Offices of common carriers. 
Every railroad, canal or turnpike corporation operated, or partlyoperated in this State, shall maintain one office therein, wheretransfers of its stock shall be made and where its books shall be keptfor inspection by any stockholder or creditor of such corporation; inwhich shall be recorded the amount of capital stock subscribed or paidin, and the amounts owned by them respectively, the transfer of saidstock, and the names and places of residence of the officers. 
3. Equal right to transportation. 
All individuals, associations and corporations shall have equal rightto have persons and property transported over railroads, canals andturnpikes; and no undue or unreasonable discrimination shall be made incharges for, or in facilities for transportation of freight orpassengers within the State, or coming from, or going to any otherState. Persons and property transported over any railroad shall bedelivered at any station at charges not exceeding the charges fortransportation of persons and property of the same class, in the samedirection, to any more distant station. But excursion and commutationtickets may be issued at special rates. 
4. Parallel or competing lines. 
No railroad, canal or other corporation, or the lessees, purchasers ormanagers of any railroad, canal or corporationshall consolidate thestock, property or franchises of such corporation with, or lease, orpurchase the works or franchises of, or in any way control any otherrailroad or canal corporation owning or having under its control aparallel or competing line, nor shall any officer of such railroad orcanal corporation act as an officer of any other railroad or canalcorporation owning or having control of a parallel or competing line;and the question whether railroads or canals are parallel or competinglines shall, when demanded by the party complainant, be decided by ajury as in other civil issues. 
5. Officers, agents and employees of carrier - Personal interest incontracts prohibited. 
No president, director, officer, agent or employee of any railroad orcanal company, shall be interested, directly or indirectly, in thefurnishing of material or supplies to such company, or in the businessof transportation as a common carrier of freight or passengers over theworks owned, leased, controlled or worked by such company. Nor in anyarrangement which shall afford more advantageous terms, or greaterfacilities than are offered or accorded to the public. And allcontracts and arrangements in violation of this section shall be void. 
6. Discrimination by carriers. 
No discrimination in charges, or facilities for transportation,shall bemade between transportation companies and individuals,or in favor ofeither by abatement, drawback or otherwise; and no railroad or canalcompany, or any lessee, manager or employee thereof shall make anypreferences in furnishing cars or motive power. 
7. Free passes. 
The General Assembly shall prevent by law the granting of free passesby any railroad or transportation company to any officer of this State,legislative, executive or judicial. 
8. Condition of remission of forfeitures. 
The General Assembly shall not remit the forfeiture of the charter ofany corporation now existing, or alter or amend the same, or pass anygeneral or special law for the benefit of such corporation, except oncondition that such corporation shall thereafter hold its chartersubject to the provisions of this Constitution. 
9. Right of eminent domain. 
The exercise of the right of eminent domain shall never be abridged orso construed as to prevent the General Assembly from taking theproperty and franchises of incorporated companies, and subjecting themto public - use the same as the property of individuals. 
10. Regulation of carriers. 
The General Assembly shall pass laws to correct abuses and preventunjust discrimination and excessive charges by railroads, canals andturn-pike companies for transporting freight and passengers, and shallprovide for enforcing such laws by adequate penalties and forfeitures,and shall provide for the creation of such offices and commissions andvest in them such authority as shall be necessary to carry into effectthe powers hereby conferred. [As amended by Const. Amend. 2.] 
11. Movable property of carriers subject to execution. 
That rolling stock and all other movable property belonging to anyrailroad company or corporation in this State shall be consideredpersonal property, and shall be liable to execution and sale, in thesame manner as the personal property of individuals, and the GeneralAssembly shall pass no law exempting any such property from executionand sale. 
12. Damages by railroads to persons and property - Liability. 
All railroads, which are now, or may be hereafter built, and operatedeither in whole or in part, in this State, shall be responsible for alldamages to persons and property, under such regulations as may beprescribed by the General Assembly. 
13. Annual reports of railroads. 
The directors of every railroad corporation shall annually make areport under oath to the Auditor of Public Accounts, of all of theiracts and doings, which reports shall include such matters relating torailroads as may be prescribed by law, and the General Assembly shallpass laws enforcing, by suitable penalties, the provisions of thissection. 


Article 18. 
 Judicial Circuits. 
 Judicial Circuits 
Until otherwise provided by the General Assembly, the Judicial Circuitsshall be composed of 
the following counties: 
First - Phillips, Lee, St. Francis, Prairie, Woodruff, White andMonroe. 
Second - Mississippi, Crittenden, Cross, Poinsett, Craighead, Greene,Clayton and Randolph. 
Third - Jackson, Independence, Lawrence, Sharp, Fulton, Izard, Stoneand Baxter. 
Fourth - Marion, Boone, Searcy, Newton, Madison, Carroll, Benton andWashington. 
Fifth - Pope, Johnson, Franklin, Crawford, Sebastian, Sarber and Yell. 
Sixth - Lonoke, Pulaski, Van Buren and Faulkner. 
Seventh - Grant, Hot Springs, Garland, Perry, Saline and Conway. 
Eighth - Scott, Montgomery, Polk, Howard, Sevier, Little River, Pikeand Clark. 
Ninth - Hempstead, Lafayette, Nevada, Columbia, Union, Ouachita andCalhoun. 
Tenth - Chicot, Drew, Ashley, Bradley, Dorsey and Dallas. 
Eleventh - Desha, Arkansas, Lincoln and Jefferson. 
 Terms of Courts 
Until otherwise provided by the General Assembly, the Circuit Courtsshall be begun and held in 
the several counties as follows: 
First Circuit 
White - First Monday in February and August. 
Woodruff - Third Monday in February and August. 
Prairie - Second Monday after the third Monday in February and August. 
Monroe - Sixth Monday after the third Monday in February and August. 
St. Francis - Eighth Monday after the third Monday in February andAugust. 
Lee - Tenth Monday after the third Monday in February and August. 
Phillips - Twelfth Monday after the third Monday in February andAugust. 
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 Monday after the second Monday in March andSeptember. 
Greene - Sixth Monday after the second Monday in March and September. 
Clayton - Seventh Monday after the second Monday in March andSeptember. 
Randolph - Ninth Monday after the second Monday in March and September.
Third Circuit 
Jackson - First Monday in March and September. 
Lawrence - Fourth Monday in March and September. 
Sharp - Second Monday after the fourth Monday in March and September. 
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 andSeptember. 
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. 
Newton - Third Monday after the third Monday in February and August. 
Carroll - Fourth Monday after the third Monday in February 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 andAugust. 
Fifth Circuit 
Greenwood District, Sebastian county - Third Monday in February andAugust. 
Fort Smith District, Sebastian county - First Monday after the fourthMonday in February and 
August. 
Crawford county - Fourth Monday after the fourth Monday in February andAugust. 
Franklin county - Sixth Monday after the fourth Monday in February andAugust. 
Sarber county - Eighth Monday after the fourth Monday in February andAugust. 
Yell county - Tenth Monday after the fourth Monday in February andAugust. 
Pope county - Twelfth Monday after fourth Monday in February andAugust. 
Johnson county - Fourteenth Monday after the fourth Monday in Februaryand August. 
Sixth Circuit 
In the county of Pulaski on the first Monday in February, and continuetwelve weeks if the 
business of said court require it. 
In the county of Lonoke on the first Monday succeeding the PulaskiCourt, 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 two weeks if 
the business of said Court require it. 
In the county of Van Buren on the first Monday after the FaulknerCourt, and continue two 
weeks if the business of said Court require it. 
Fall Term, Sixth Circuit 
In the county of Pulaski on the first Monday in October, and continueseven weeks if the 
business of said Court require it. 
In the county of Lonoke on the first Monday next after the PulaskiCourt 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 FaulknerCourt, and continue one week 
if the business of said Court require it. 
Seventh Circuit 
Hot Spring - 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. 
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 River - Fifth Monday after the first Monday in February andAugust. 
Howard - Seventh Monday after the first Monday in February and August. 
Pike - Eighth Monday after the first Monday in February and August. 
Clark - Ninth Monday after the first Monday in February and August. 
Ninth Circuit 
Calhoun - First Monday in March and September. 
Union - Second Monday after the first Monday in March and September. 
Columbia - Fourth Monday after the first Monday in March and September.
Lafayette - Sixth Monday after the first Monday in March and September.
Hempstead - Eighth Monday after the first Monday in March andSeptember. 
Nevada - Eleventh Monday after the first Monday in March and September.
Ouachita - Thirteenth Monday after the first Monday in March andSeptember. 
Tenth Circuit 
Dorsey - Third Monday in February and August. 
Dallas - 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 - Fourth Monday after the third Monday in March and September. 
Eleventh Circuit 
In the county of Desha on the first Monday in March and September. 
In the county of Arkansas on the fourth Monday in March and September. 
In the county of Lincoln on the third Monday after the fourth Monday inMarch and September. 
In the county of Jefferson on the sixth Monday after the fourth Mondayin March and September. 


 Article 19. 
Miscellaneous Provisions. 
Section: 
 1. Atheists disqualified from holding office or testifying aswitness. 
 2. Dueling. 
 3. Elected or appointed officers - Qualifications of anelector required. 
 4. Residence of officers. 
 5. Officers - Holding over. 
 6. Dual office holding prohibited. 
 7. Residence - Temporary absence not to forfeit. 
 8. Deduction from salaries. 
 9. Permanent state offices - Creation restricted. 
 10. Election returns - State officers. 
 11. Salaries of state officers - Increase or decrease duringterm prohibited - Fees. 
 12. Receipts and expenditures to be published. 
 13. [Repealed.] 
 14. Lotteries prohibited. 
 15. [Repealed.] 
 16. Contracts for public buildings or bridges. 
 17. Digest of laws - Publication. 
 18. Safety of miners and travelers. 
 19. Deaf and dumb and blind and insane persons. 
 20. Oath of office. 
 21. Sureties on official bonds - Qualifications - Bondingcompanies. 
 22. Constitutional amendments. 
 23. [Repealed.] 
 24. Election contests. 
 25. Seal of state. 
 26. Officers eligible to executive or judicial office. 
 27. Local improvements - Municipal assessments. 
1. Atheists disqualified from holding office or testifying as witness. 
No person who denies the being of a God shall hold any office in thecivil departments of this State, nor be competent to testify as awitness in any Court. 
2. Dueling. 
No person who may hereafter fight a duel, assist in the same as second,or send, accept, or knowingly carry a challenge therefor, shall holdany office in the State, for a period of ten years; and may beotherwise punished as the law may prescribe. 
3. Elected or appointed officers - Qualifications of an electorrequired. 
No persons shall be elected to, or appointed to fill a vacancy in, anyoffice who does not possess the qualifications of an elector. 
4. Residence of officers. 
All civil officers for the State at large shall reside within theState, and all district, county and township officers within theirrespective districts, counties and townships, and shall keep theiroffices at such places therein as are now, or may hereafter be requiredby law. 
5. Officers - Holding over. 
All officers shall continue in office after the expiration of theirofficial terms, until their successors are elected and qualified. 
6. Dual office holding prohibited. 
No person shall hold or perform the duties of more than one office inthe same department of the government at the same time, except asexpressly directed or permitted by this Constitution.
7. Residence - Temporary absence not to forfeit. 
Absence on business of the State, or of the United States, or on avisit, or on necessary private business, shall not cause a forfeitureof residence once obtained. 
8. Deduction from salaries. 
It shall be the duty of the General Assembly to regulate, by law inwhat cases, and what, deductions from the salaries of public officersshall be made for neglect of duty in their official capacity. 
9. Permanent state offices - Creation restricted. 
The General Assembly shall have no power to create any permanent StateOffice, not expressly provided for by this Constitution. 
10. Election returns - State officers. 
Returns for all elections, for officers who are to be commissioned bythe Governor, and for members of the General Assembly, except asotherwise provided by this Constitution, shall be made to the Secretaryof State. 
11. Salaries of state officers - Increase or decrease during termprohibited - Fees. 
The Governor, Secretary of State, Auditor, Treasurer, Attorney-General,Judges of the Supreme Court, Judges of the Circuit Court, Commissionerof State Lands, and Prosecuting Attorneys, shall each receive a salaryto be established by law, which shall not be increased or diminishedduring their respective terms, nor shall any of them, except theProsecuting Attorneys, after the adoption of this Constitution, receiveto his own use any fees, costs, perquisites of office, or othercompensation; and all fees that may hereafter by payable by law, forany service performed by any officer mentioned in this section, exceptProsecuting Attorneys, shall be paid in advance into the StateTreasury; Provided, That the salaries of the respective officers hereinmentioned shall never exceed per annum: 
For Governor, the sum of $4,000 
For Secretary of State, the sum of $2,500 
For Treasurer of State, the sum of $3,000 
For Auditor of State, the sum of $3,000 
For Attorney-General, the sum of $2,500 
For Commissioner of State Lands, the sum of $2,500 
For the Judges of the Supreme Court, each, the sum of $4,000 
For Judges of the Circuit Courts, and Chancellors, each, the sum of$3,000 
For Prosecuting Attorneys, the sum of $400 
And provided further, That the General Assembly shall provide for noincrease of salaries of its members which shall take effect before themeeting of the next General Assembly. 
12. Receipts and expenditures to be published. 
An accurate and detailed statement of the receipts and expenditures ofthe public money, the several amounts paid, to whom and on whataccount, shall, from time to time, be published as may be prescribed bylaw. 
13. [Repealed.] 
14. Lotteries 
(a)The General Assembly may enact laws to establish, operate, andregulate State lotteries. 
(b)Lotteryproceedsshallbeusedsolelytopaytheoperatingexpensesoflotteries,including all prizes, and to fund or provide for scholarships andgrants to citizens of this State enrolled in public and privatenon-profit two-year and four-year colleges and universities locatedwithin the State that are certified according to criteria establishedby the General Assembly. The General Assembly shall establish criteriato determine who is eligible to receive the scholarships and grantspursuant to this Amendment. 
(c)Lottery proceeds shall not be subject to appropriation by theGeneral Assembly and are specifically declared to be cash funds held intrust separate and apart from the State treasury to be managed andmaintained by the General Assembly or an agency or department of theState as determined by the General Assembly. 
(d)Lotteryproceedsremainingafterpaymentofoperatingexpensesandprizesshallsupplement, not supplant, non-lottery educational resources. 
(e)This Amendment does not repeal, supersede, amend or otherwise affectAmendment 84 to the Arkansas Constitution or games of bingo and rafflespermitted therein. 
(f)Exceptashereinspecificallyprovided,lotteriesandthesaleoflotteryticketsareprohibited. 
15. [Repealed.] 
16. Contracts for public buildings or bridges. 
All contracts for erecting or repairing public buildings or bridges inany county, or for materials therefor; or for providing for the careand keeping of paupers, where there are no alms-houses, shall be givento the lowest responsible bidder, under such regulations as may beprovided by law. 
17. Digest of laws - Publication. 
The laws of this State, civil and criminal, shall be revised, digested,arranged, published and promulgated at such times and in such manner asthe General Assembly may direct. 
18. Safety of miners and travelers. 
The General Assembly, by suitable enactments, shall require suchappliances and means to be provided and used as may be necessary tosecure, as far as possible, the lives, health and safety of personsemployed in mining, and of persons traveling upon railroads, and byother public conveyances, and shall provide for enforcing suchenactments by adequate pains and penalties. 
19. Deaf and dumb and blind and insane persons. 
It shall be the duty of the General Assembly to provide by law for thesupport of institutions for the education of the deaf and dumb, and ofthe blind; and also for the treatment of the insane. 
20. Oath of office. 
Senators and Representatives, and all judicial and executive, State andcounty officers, and all other officers, both civil and military,before entering on the duties of their respective offices, shall takeand subscribe to the following oath of affirmation: 
'I, ________, do solemnly swear (or affirm) that I will support theConstitution of the United States and the Constitution of the State ofArkansas, and that I will faithfully discharge the duties of the officeof ________, upon which I am now about to enter.'21. Sureties onofficial bonds - Qualifications - Bonding companies. The sureties uponthe official bonds of all State Officers shall be residents of, andhave sufficient property within the State, not exempt from sale underexecution, attachment or other process of any court, to make good theirbonds and the sureties upon the official bonds of all county officersshall reside within the counties where such officers reside, and shallhave sufficient property therein, not exempt from such sale, to makegood their bonds; provided, however, that any surety, bonding orguaranty company, organized for the purpose of doing a surety, orbonding business, and authorized to do business, in this State, maybecome surety on the bonds of all State, County and Municipal Officersunder such regulations as may be prescribed by law. [As amended byConst. Amend. 4.] 
22. Constitutional amendments. 
Either branch of the General Assembly, at a regular session thereof,may propose amendments to this Constitution; and if the same be agreedto by a majority of all members elected to each house, such proposedamendments shall be entered on the journals with the yeas and nays, andpublished in at least one newspaper in each county, where a newspaperis published, for six months immediately preceding the next generalelection for Senators and Representatives, at which time the same shallbe submitted to the electors of the State, for approval or rejection;and if a majority of the electors voting at such election adopt suchamendments, the same shall become a part of this Constitution. But nomore than three amendments shall be proposed or submitted at the sametime. They shall be so submitted as to enable the electors to vote oneach amendment separately. 
23. [Repealed.] 
24. Election contests. 
The General Assembly shall provide by law the mode of contestingelections in cases not specifically provided for in this Constitution.
25. Seal of state. 
The present seal of the State shall be and remain the seal of the Stateof Arkansas until otherwise provided by law, and shall be kept and usedas provided in this Constitution. 
26. Officers eligible to executive or judicial office. 
Militia officers, and officers of the public schools, and Notaries maybe elected to fill any executive or judicial office. 
27. Local improvements - Municipal assessments. 
Nothing in this Constitution shall be so construed as to prohibit theGeneral Assembly from authorizing assessments on real property forlocal improvements, in towns and cities, under such regulations as maybe prescribed by law; to be based upon the consent of a majority invalue of the property-holders owning property adjoining the locality tobe affected; but such assessments shall be ad valorem and uniform. 


Article 20. 
'Holford' Bonds Not to Be Paid. 
The General Assembly shall have no power to levy any tax, or make anyappropriations, to pay either the principal or interest, or any partthereof, of any of the following bonds of the State, or the claims, orpretended claims, upon which they may be based, to-wit: Bonds issuedunder an act of the General Assembly of the State of Arkansas,entitled, 'An act to provide for the funding of the public debt of theState,' approved April 6th, A. D. 1869, and numbered from four hundredand ninety-one to eighteen hundred and sixty, inclusive, being the'funding bonds,' delivered to F. W. Caper, and sometimes called'Holford bonds;' or bonds known as railroad aid bonds, issued under anact of the General Assembly of the State of Arkansas, entitled, An actto aid in the construction of railroads, approved July 21, A. D. 1868;or bonds called 'levee bonds,' being bonds issued under an act of theGeneral Assembly of the State of Arkansas, entitled 'An act providingfor the building and repairing the public levees of the State, and forother purposes,' approved March 16, A. D. 1869, and the supplementalact thereto, approved April 12, 1869; and the act entitled 'An act toamend an act entitled an act providing for the building and repairingof the public levees of this State,' approved March 23, A. D. 1871, andany law providing for any such tax or appropriation, shall be null andvoid. [Added by Const. Amend. 1.] 

SCHEDULE 
1. Retention of existing laws - Sealed instruments. 
All laws now in force, which are not in conflict or inconsistent withthis Constitution, shall continue in force until amended or repealed bythe General Assembly, and all laws exempting property from sale onexecution, or by decree of a court, which were in force at the time ofthe adoption of the Constitution of 1868, shall remain in force withregard to contracts made before that time. Until otherwise provided bylaw no distinction shall exist between sealed and unsealed instruments,concerning contracts between individuals, executed since the adoptionof the Constitution of 1868; Provided: That the statutes of limitationwith regard to sealed and unsealed instruments in force at that time,continue to apply to all instruments afterward executed, and untilaltered or repealed. 
2. [Repealed.] 
3. First general election. 
An election shall be held at the several election precincts of everycounty in the State, on Tuesday, the thirteenth day of October, 1874,for Governor, Secretary of State, Auditor, Treasurer, Attorney-General,Commissioner of State Lands, (for two years unless the office is soonerabolished by the General Assembly), Chancellor, and Clerk of theseparate Chancery court of Pulaski county, Chief Justice and twoAssociate Justices of the Supreme Court, a Circuit Judge andProsecuting Attorney for each Judicial Circuit provided for in thisConstitution; Senators and Representatives to the General Assembly, allcounty and township officers provided for in this Constitution; andalso for the submission of this Constitution to the qualified electorsof the State, for its adoption or rejection. 
4. Qualifications of voters. 
The qualification of voters at the election, to be held as provided inthis schedule, shall be the same as is now prescribed by law. 
5. Notice of election. 
The State Board of Supervisors, hereinafter mentioned, shall givenotice of said election immediately after the adoption of thisConstitution by this Convention, by proclamation in at least twonewspapers published at Little Rock, and such other newspapers as theymay select. And each county board of Supervisors, shall give publicnotice in their respective counties, of said election, immediatelyafter their appointment. 
6. Governor's proclamation. 
The Governor shall also issue a proclamation enjoining upon all peaceofficers the duty of preserving good order on the day of said election,and preventing any disturbance of the same. 
7. State board of supervisors. 
Augustus H. Garland, Gordon N. Peay and Dudley E. Jones are herebyconstituted a State Board of Supervisors of said election, who shalltake an oath faithfully and impartially to discharge the duties oftheir office; a majority of whom shall be a quorum, and who shallperform the duties herein assigned them. Should a vacancy occur in saidBoard, by refusal to serve, death, removal, resignation, or otherwise;or if any member should become incapacitated from performing saidduties, the remaining members of the Board shall fill the vacancy byappointment. But if all the places on said Board become vacant at thesame time, the said vacancies shall be filled by the President of thisConvention. 
8. County board of supervisors. 
Said State Board shall at once proceed to appoint a Board of ElectionSupervisors for each County of this State, consisting of three men ofknown intelligence and uprightness of character, who shall take thesame oath as above provided for the State Board. A majority of eachBoard shall constitute a quorum, and shall perform the duties hereinassigned to them; and vacancies occurring in the County Boards shall befilled by the State Board. 
9. Poll books and ballot boxes - First election. 
The State Board shall provide the form of poll books and each CountyBoard shall furnish the Judges of each election precinct with threecopies of the poll books in the form prescribed, and with ballot-boxesat the expense of the county. 
10. Copies of Constitution to be distributed. 
The State Board of Supervisors shall cause to be furnished in pamphletform a sufficient number of copies of this Constitution to supply eachCounty Supervisor and Judge of Election with a copy, and shall forwardthe same to the County Election Boards for distribution. 
11. Judges and clerks of first election. 
The Boards of County Election Supervisors shall at once proceed toappoint three Judges of Election for each election precinct in theirrespective counties; and the Judges shall appoint three Election Clerksfor their respective precincts, all of whom shall be good, competentmen, and take an oath as prescribed above. Should the Judges of anyelection precinct fail to attend at the time and place provided by law,or decline to act, the assembled electors shall choose competentpersons, in the manner provided by law, to act in their place, whoshall be sworn as above. 
12. Conduct of first election. 
Said election shall be conducted in accordance with existing laws,except as herein provided. As the electors present themselves at thepolls to vote, the judges of the election shall pass upon theirqualifications and the clerks of the election shall register theirnames on the poll-books if qualified; and such registration by saidclerks shall be a sufficient registration in conformity with theConstitution of this State, and then their votes shall be taken. 
13. Style of ballot. 
Each elector shall have written or printed on his ticket 'ForConstitution,' or 'Against Constitution,' and also the offices and thenames of the candidates for the offices for whom he desires to vote. 
14. Manner of voting. 
The judges shall deposit the tickets in the ballot-box; but no electorshall vote outside of the township or ward in which he resides. Thenames of the electors shall be numbered, and the corresponding numbersshall be placed on the ballots by the judges when deposited. 
15. Dram shops to be closed - First election. 
All dram shops and drinking houses in this State shall be closed duringthe day of said election, and the succeeding night; and any personselling or giving away intoxicating liquors during said day or nightshall be punished by fine, not less than two hundred dollars, for eachand every offense, or imprisoned not less than six months, or both. 
16. Hours of voting - Counting of ballots - Returns. 
The polls shall be opened at eight o'clock in the forenoon, and shallbe kept open until sunset. After the polls are closed the ballots shallbe counted by the judges at the place of voting, as soon as the pollsare closed, unless prevented by violence or accident; and the resultsby them certified on the poll-books, and the ballots sealed up. Theyshall be returned to the County Board of Election Supervisors, whoshall proceed to cast up the votes and ascertain and state the numberof votes cast for the Constitution and the number cast against theConstitution, and also the number of votes cast for each candidatevoted for for any office, and shall forthwith forward to the StateBoard of Supervisors, duly certified by them, one copy of the statementor abstracts of the votes so made out by them, retain one copy in theirpossession, and file one copy in the office of the County Clerk, wherethey shall also deposit, for safe-keeping, the ballots, sealed up, andone copy of the poll-books, retaining possession of the other copies. 
17. Publication of result. 
The State Board of Supervisors shall at once proceed, on receiving suchreturns from the County Boards, to ascertain therefrom, and state thewhole number of votes given for the Constitution, and the whole numbergiven against it; and if a majority of all votes cast in favor of theConstitution, they shall at once make public the fact by publication intwo or more of the leading newspapers published in the city of LittleRock, and this Constitution, from that date, shall be in force; andthey shall also make out and file, in the office of the Secretary ofState an abstract of all the votes cast for the Constitution, and allvotes cast against it; and also an abstract of all votes cast for everycandidate voted for at the election, and file the same in the office ofthe Secretary of State, showing the candidate elected. They shall alsomake out and certify, and lay before each house of the General Assemblya list of the members elected to that house; and shall also make out,certify and deliver to the Speaker of the House of Representatives anabstract of all votes cast at the election, for any and all persons forthe office of Governor, Secretary of State, Treasurer of State, Auditorof State, Attorney General and Commissioner of State Lands, and thesaid Speaker shall cast up the votes and announce the names of thepersons elected to these offices. The Governor, Secretary of State,Treasurer of State, Auditor of State, Attorney- General andCommissioner of State Lands chosen at said election shall qualify andenter upon the discharge of the duties of their respective officeswithin fifteen days after the announcement of their election asaforesaid. 
18. Commissions - Officers elected at first election. 
All officers shown to be elected by the abstract of said election filedby the State Board of Supervisors in the office of the Secretary ofState, required by this Constitution to be commissioned, shall becommissioned by the Governor. 
19. Election of representatives and senators - First election. 
At said election the qualified voters of each County and SenatorialDistrict, as defined in article eight of this Constitution, shallelect, respectively, Representatives and Senators according to thenumbers and apportionment contained in said article. The Board ofElection Supervisors of each county shall furnish certificates ofelection to the person or persons elected to the House ofRepresentatives as soon as practicable after the result of the electionhas been ascertained; and such Board of Election Supervisors in eachcounty shall make a correct return of the election for Senator orSenators to the Board of Election Supervisors of the county first namedin the Senatorial apportionment, and said Board shall furnishcertificates of election to the person or persons elected as Senator orSenators in said Senatorial district as soon as practicable. 
20. When officers to enter upon duties. 
All officers elected under this Constitution, except the Governor,Secretary of State, Auditor of State, Treasurer, Attorney-General andCommissioner of State Lands shall enter upon the duties of theirseveral offices when they shall have been declared duly elected by saidState Board of Supervisors, and shall have duly qualified. All suchofficers shall qualify and enter upon the duties of their officeswithin fifteen days after they have been duly notified of theirelection. 
21. Prior incumbents to vacate office. 
Upon the qualification of the officers elected at said election thepresent incumbents of the offices for which the election is held shallvacate the same and turn over to the officers thus elected andqualified, all books, papers, records, moneys and documents belongingor pertaining to said offices by them respectively held. 
22. First session of General Assembly. 
The first session of the General Assembly under this constitution shallcommence on the first Tuesday after the second Monday in November,1874. 
23. Transfer of jurisdiction of courts. 
The County Courts provided for in this Constitution shall be regardedin law as a continuation of the Boards of Supervisors now existing bylaw, and the Circuit Courts shall be regarded in law as continuationsof the Criminal Courts wherever the same may have existed in theirrespective counties: and the Probate Courts shall be regarded ascontinuations of the Circuit Courts for the business within thejurisdiction of such Probate Courts, and the papers and recordspertaining to said courts and jurisdictions shall be transferredaccordingly; and no suit or prosecution of any kind shall abate becauseof any change made in this Constitution. 
24. Present incumbents to hold until successors qualify. 
All officers now in office whose offices are not abolished by thisConvention, shall continue in office and discharge the duties imposedon them by law, until their successors are elected and qualified underthis Constitution. The office of Commissioner of State Lands shall becontinued; Provided, That the General Assembly at its next session mayabolish or continue the same in such manner as may be prescribed bylaw. 
25. Fraud in first election. 
Any election officer, appointed under the provisions of this schedule,who shall fraudulently and corruptly permit any person to voteillegally or refuse the vote of any qualified elector, cast up or makea false return of said election, shall be deemed guilty of a felony,and on conviction thereof, shall be imprisoned in the penitentiary notless than five years nor more than ten years. And any person who shallvote when not a qualified elector, or vote more than once, or bribe anyone to vote contrary to his wishes, or intimidate or prevent anyelector by threats, menace or promises from voting, shall be guilty ofa felony, and upon conviction thereof, shall be imprisoned in thepenitentiary not less than one, nor more than five years. 
26. Tenure of officers elected. 
All officers elected at the election provided for in this scheduleshall hold their offices for the respective periods provided for in theforegoing Constitution, and until their successors are elected andqualified. The first general elections after the ratification of thisConstitution shall be held on the first Monday of September A. D. 1876.Nothing in this Constitution and the schedule thereto shall be soconstrued as to prevent the election of congressmen at the time as nowprescribed by law. 
27. Appropriation for expenses of election. 
The sum of five thousand dollars is hereby appropriated out of anymoney in the treasury, not otherwise appropriated, to defray theexpenses of the election provided for in this schedule, and the Auditorof State shall draw his warrants on the Treasurer for such expenses,not exceeding said amount, on the certificate of the State Board ofSupervisors of election. 
28. Salaries of officers. 
For the period of two years from the adoption of this Constitution, anduntil otherwise provided by law, the respective officers hereinenumerated shall receive for their services the following salaries perannum: 
For Governor, the sum of.............................................................$3,500 
For Secretary of State, the sum of..................................................2,000 
For Treasurer, the sum of...............................................................2,500 
For Auditor, the sum of..................................................................2,500
For Attorney General, the sum of...................................................2,000 
For Commissioner of State Lands, the sum of................................2,000 
For Judges of Supreme 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 members of the General Assembly, the sum of $6 per day, and twentycents per mile for each 
mile traveled in going to and returning from the seat of governmentover the most direct and 
practicable route. 
Done in Convention, at Little Rock, the Seventh day of September in theyear of our Lord one 
thousand eight hundred and seventy four and of the Independence of theUnited States the 
ninety-ninth. 
In Witness Whereof, we have hereunto subscribed our names. 
 GRANDISON D. ROYSTON, 
President of the Convention, and 
Delegate from the County of Hempstead. 
 THOMAS W. NEWTON, 
Secretary. 
A. M. RODGERS, Delegate from Benton County. 
HORACE H. PATTERSON, Delegate from Benton County. 
W. W. BAILEY, 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, Delegate from Crawford County. 
W. D. LEIPER, Delegate from Dallas County. 
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. 
ELIJAH MOSELEY, Delegate from Ouachita County. 
STEPHEN C. BATES, Delegate from Polk County. 
G. 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 BROWN, 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. CROWLEY, Delegate from the County of Greene. 
H. M. RECTOR, Delegate from Garland County. 
JN. 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 DOSWELL, 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 County. 
S. P. HUGHES, Delegate from Monroe County. 
NICHOLAS W. CABLE, Delegate from Montgomery County. 
CHARLES BOWEN, Delegate from Mississippi County. 
R. K. GARLAND, Delegate from Nevada County. 
HENRY G. BUNN, Delegate from Ouachita County 
W. H. BLACKWELL, Delegate from Perry County 
JNO. J. HORNOR, 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 County. 
R. P. POLK, Delegate from Phillips County. 
T. W. THOMASON, Delegate from Washington County. 
BENJAMIN F. WALKER, Delegate from Washington County. 
M. F. LAKE, Delegate from Washington County. 
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. 
 





 PROCLAMATION 
 By The 
STATE BOARD OF ELECTION SUPERVISORS 
Office of State Board of Election Supervisors, 
 Little Rock, Ark., October 30, 1874. 
In pursuance of the provisions of section seventeen of the schedule tothe Constitution recently framed for the State of Arkansas, theundersigned do hereby proclaim and make known that at a generalelection held on the thirteenth day of October, A. D. 1874, thefollowing votes were cast 'For' and 'Against' said Constitution in theseveral counties of said State, as appears by the official returns madeto said board by the county boards of election supervisors, to-wit: 
Here follows a tabulation of the vote by counties. 
Total Vote 'For Constitution'....................................78,697 
Total Vote 'Against Constitution'................................24,807 
Majority 'For Constitution' ....................................53,890 
Given under our hands this thirtieth day of October, 1874. 
U. M. ROSE, 
 DUDLEY E. JONES, 
 GORDON N. PEAY, 
State Board of Election Supervisors. 
Amend. 1. 
 'Holford' Bonds (Const., Art. 20 Added). 
—————————— 
Amend. 2. 
 Regulation of Carriers (Const., Art. 17, § 10 Amended). 
—————————— 
Amend. 3. 
 County Road Tax [Repealed.] 
—————————— 
Amend. 4. 
Sureties on Official Bonds (Const., Art. 19, § 21 Amended). 
—————————— 
Amend. 5. 
 Per Diem and Mileage of General Assembly (Const., Art. 5, §16 Amended). 
—————————— 
Amend. 6. 
Executive Department and Officers (Const., Art. 6, § 1, Amended and 
 Sections Added). 
Section: 
 1. Executive department. 
 2. Executive power vested in Governor and LieutenantGovernor. 
 3. Election of Governor and Lieutenant Governor. 
 4. Lieutenant Governor acting as Governor. 
 5. Qualifications and duties of Lieutenant Governor -Succession to the governorship. 
 6. Salary of Lieutenant Governor. 
1. Executive department. 
2. Executive power vested in Governor and Lieutenant Governor. 
The executive power shall be vested in a Governor, who shall holdoffice for two years; a Lieutenant Governor shall be chosen at the sametime and for the same term. The Governor and Lieutenant Governorelected next preceding the time when this section shall take effectshall hold office until and including the second Monday of September,and their successors shall be chosen at the general election in thatyear. 
3. Election of Governor and Lieutenant Governor. 
The Governor and Lieutenant Governor shall be elected at the times andplaces of choosing members of the Assembly. The persons respectivelyhaving the highest number of votes for Governor and Lieutenant Governorshall be elected, but in case two or more shall have an equal and thehighest number of votes for Governor, or for Lieutenant Governor, thetwo houses of the Legislature at its next annual session shallforthwith, by joint ballot, choose one of the said persons so having anequal and the highest number of votes for Governor or LieutenantGovernor. 
4. Lieutenant Governor acting as Governor. 
In case of the impeachment of the Governor, or his removal from office,death, inability to discharge the powers and duties of the said office,resignation or absence from the State, the powers and duties of theoffice, shall devolve upon the Lieutenant Governor for the residue ofthe term, or until the disability shall cease. But when the Governorshall, with the consent of the Legislature, be out of the State, intime of war, at the head of a military force thereof, he shall continuecommander-in-chief of all the military force of the State. 
5. Qualifications and duties of Lieutenant Governor - Succession to thegovernorship. 
The Lieutenant Governor shall possess the same qualifications ofeligibility for the office as the Governor. He shall be President ofthe Senate, but shall have only a casting vote therein in case of a tievote. If during a vacancy of the office of Governor, the LieutenantGovernor shall be impeached, displaced, resign, die, or becomeincapable of performing the duties of his office or be absent from theState, the President of the Senate shall act as Governor until thevacancy be filled or the disability shall cease; and if the Presidentof the Senate for any of the above causes shall become incapable ofperforming the duties pertaining to the office of Governor, the Speakerof the Assembly shall act as Governor until the vacancy be filled orthe disability shall cease. 
6. Salary of Lieutenant Governor. 
The Lieutenant Governor shall receive for his services an annual salaryof two thousand dollars, and shall not receive or be entitled to anyother compensation, fee or perquisite, for any duty or service he maybe required to perform by the Constitution or by law. 
—————————— 
Amend. 7. 
 Initiative and Referendum (Const., Art. 5, § 1, Amended). 
—————————— 
Amend. 8. 
Qualifications of Electors (Const., Art. 3, § 1, Amended). 
—————————— 
Amend. 9. 
 Supreme Court. 
Section: 
 1. Enlargement - Sitting in division. 
 2. Compensation of judges. 
1. Enlargement - Sitting in division. 
The Supreme Court shall be composed of five judges, one of whom shallbe styled Chief Justice and elected as such, any three of whom shall inevery case be necessary to a decision. Provided if it should hereafterbecome necessary to increase the number of the judges of the SupremeCourt, the Legislature may provide for two additional judges and mayalso provide for the court sitting in divisions under such regulationsas may be prescribed by law; provided further, that should the courtsit in divisions, in all cases where the construction of theConstitution is involved, the cause shall be heard by the court inbanc, and in all cases when a judge of a division dissents from theopinion therein, at the request of the Chief Justice, or suchdissenting justice, the cause shall be transferred to the court in bancfor its decision. 
2. Compensation of judges. 
The Supreme Court judges shall at stated times receive compensation fortheir services to be fixed by law. When the salary of the judges underthis amendment to the Constitution shall have been established by law,such salary shall not thereafter be increased or diminished duringtheir respective terms. Until otherwise provided by law, the judges ofthe Supreme Court shall each receive a salary of Seven thousand fivehundred dollars per annum. 
—————————— 
Amend. 10. 
 Limitation on Legislative and Taxing Power (Const., Art. 12,§ 4, Amended). 
—————————— 
Amend. 11. 
School Tax (Const., Art. 14, § 3, Amended). 
—————————— 
Amend. 12. 
 Textile Mills, Tax Exemption. 
Cotton mills tax exempt for seven years. 
All capital invested in a textile mill in this state for themanufacture of cotton and fiber goods in any manner shall be and ishereby declared to be exempt from taxation for a period of seven yearsfrom the date of the location of said textile mill. 
—————————— 
Amend. 13. 
 [Repealed.] 
—————————— 
Amend. 14. 
 Local Acts. 
Local or special acts prohibited - Rights to repeal acts bylegislature. 
The General Assembly shall not pass any local or special act. Thisamendment shall not prohibit the repeal of local or special acts. 
—————————— 
Amend. 15. 
Salaries of State Officers. 
Salaries of state officials. 
The annual salaries of the State and District Officers hereinaftermentioned, which shall be paid in monthly installments, shall be asfollows: 
For Governor, the sum of $6,000.00; for Secretary of State, the sum of$4,000.00; for Treasurer of the State, the sum of $4,000.00; forAuditor of the State, the sum of $4,000.00; for Attorney General, thesum of $5,000.00; for Judge of the Circuit Courts and Chancellors,each, the sum of $3,600.00. 
The members of the General Assembly shall receive as their salary thesum of One Thousand ($1,000.00) Dollars, except the Speaker of theHouse of Representatives, who shall receive his salary of ElevenHundred Dollars ($1,100.00), for each period of two (2) years; and inaddition to such salary the members of the general Assembly shallreceive five cents per mile for each mile traveled in going to andreturning from the seat of government over the most direct andpracticable route, and provided further that when said members arerequired to attend an extraordinary session of the General Assemblythey shall receive in addition to the salary herein provided the sum of6.00 per day for each day they are required to attend, and mileage atthe rate herein provided. 
—————————— 
Amend. 16. 
Jury Trial (Const., Art. 2, § 7, Amended). 
—————————— 
Amend. 17. 
 [Repealed.] 

Amend. 18. 
Tax to Aid Industries. 
City tax. - It being most apparent that factories, industries andtransportation facilities are necessary for the development of acommunity and for the welfare of its inhabitants, a special tax notexceeding five mills on the dollar of all taxable property in cities ofthe first class located in counties now or hereafter having not lessthan one hundred five thousand population, in addition to other taxesnow provided by law, may be levied in such cities for the period thatmay be provided by law, when petitioned for by ten per cent of theowners of real property in such city and on consent of a majority ofthe electors of such city voting on the question. 
The proceeds of such tax shall be expended by a board of threecommissioners, each of whom shall be taxpayer in such city, saidcommissioners, to serve for such term as may be provided by law withoutcompensation, except actual expenses. One of the commissioners shall beselected by a majority of the judges of the Supreme Court, sitting as aboard, one by a majority of the judges of the Circuit, County andChancery Courts of the county, sitting as a board, and one by amajority of the banks and trust companies located in such city whoserepresentatives shall sit as a board. Where there are two such citiesin such county and the tax herein provided for has been voted in each,one board of commissioners may be appointed for both cities if amajority of the boards having the appointive power deem best, and inthat event a majority of the banks and trust companies in both citiesshall appoint one commissioner, and the proceeds of the tax shall beexpended for the benefit of both cities. 
The proceeds of such tax may be expended as may be provided by law forthe purpose of securing the location of factories, industries, rivertransportation and facilities therefor within and adjacent to suchcities or other public purposes, exclusive of charities and those nowwithin the powers of said cities to perform, and expenditures may alsobe made for advertising such cities and the State, or making securedloans to such factories and industries, or for any other public purposethat may be provided by law, connected with securing the location ofsuch factories and industries and encouraging them. 
The provisions of this amendment are separable, and if any should beheld invalid the remainder shall stand. 
 —————————— 
Amend. 19. 
Passage of Laws (Const., Art. 5, §§ [37]-[41] Added). 

Amend. 20. 
 State Bonds. 
Bonds prohibited except when approved by majority vote of electors. -Except for the purpose of refunding the existing outstandingindebtedness of the State and for assuming and refunding validoutstanding road improvement district bonds, the State of Arkansasshall issue no bonds or other evidence of indebtedness pledging thefaith and credit of the State or any of its revenues for any purposewhatsoever, except by and with the consent of the majority of thequalified electors of the State voting on the question at a generalelection or at a special election called for that purpose. 
—————————— 
Amend. 21. 
Criminal Prosecutions - Salaries of Prosecutors. 
Section: 
 1. Prosecution by indictment or information. 
 2. Salaries of prosecuting attorneys. 
1. Prosecution by indictment or information. 
All offenses heretofore required to be prosecuted by indictment may beprosecuted either by indictment by a grand jury or information filed bythe Prosecuting Attorney. 
2. Salaries of prosecuting attorneys. 
The General Assembly of Arkansas shall by law determine the amount andmethod of payment of salaries of prosecuting attorneys. 
—————————— 
Amend. 22. 
Exemption of Homesteads from Certain State Taxes. 
Section: 
 1. Homesteads of $1,000.00 assessed valuation exempted fromcertain taxes. 
 2. Legislature authorized to make further exemptions. 
 3. Legislature to restore tax funds eliminated hereby, and topass enabling law. 
 4. No notes or bonds of state impaired hereby. 
 5. Amendment in effect, when. 
1. Homesteads of $1,000.00 assessed valuation exempted from certaintaxes. 
The homestead of each and every resident of the State, whether or notsuch resident be married or unmarried, male or female, shall be whollyexempt from all state taxes authorized or referred to in Section 8 ofArticle 16 of the Constitution of Arkansas in all cases where suchhomestead does not exceed the assessed valuation of one thousanddollars ($1,000.00). Where the assessed valuation of such homesteadexceeds one thousand dollars ($1,000.00) this exemption shall apply tothe first one thousand dollars ($1,000.00) of such valuation. 
2. Legislature authorized to make further exemptions. 
Within a maximum limit of two thousand five hundred dollars ($2,500.00)and a minimum limit of one thousand dollars ($1,000.00), thelegislature is hereby authorized and empowered from time to time to fixthe amount of the exemption hereby provided. 
3. Legislature to restore tax funds eliminated hereby, and to passenabling law. 
It is hereby made the duty of the legislature, and the legislature ishereby directed: (a)Fully and completely to replace or restore any andall funds which will or may be eliminated, diminished or otherwiseaffected hereby or hereunder; but the legislature shall not, in orderto accomplish that purpose, impose or levy any new form of tax. (b)Toenact, without unnecessary delay, all legislation necessary andsufficient to make this amendment in all respects effective andworkable. 
4. No notes or bonds of state impaired hereby. 
Nothing herein shall ever be construed, applied or administered so asto impair any right of any holder of any bond, note or other obligationheretofore issued or assumed by the state and now outstanding; but thisamendment shall in every respect be construed, applied and administeredso as fully to protect all the legal rights of all such holders. 
5. Amendment in effect, when. 
After and as soon as, and not before, the legislature shall havefulfilled the requirements of section 3 hereof, this amendment or anylegislation enacted in pursuance of section 2, shall be in full forceand effect. 
 —————————— 
Amend. 23. 
 Apportionment (Const., Art. 8 Amended). 

Amend. 24. 
Probate Courts - Circuit and County Clerks (Const., Art. 7, §§ 19, 34,35, 
 Amended). 
—————————— 
Amend. 25. 
 [Repealed.] 
—————————— 
Amend. 26. 
 Workers' Compensation (Const., Art. 5, § 32, Amended). 
—————————— 
Amend. 27. 
 Exempting New Manufacturing Establishment from Taxation. 
Power to exempt - Duration. 
The Governor and the Agricultural and Industrial Commission (or theagency created by law to assist in the industrial development ofArkansas) may investigate and contract with the owners of any newmanufacturing or processing establishment to be located in the State,or owners making addition or additions to any manufacturing orprocessing establishment already located in the State, for theexemption from State property taxation of any such new manufacturing orprocessing establishment, or any addition or additions to any suchexisting manufacturing or processing establishment, upon such terms andconditions as the Governor and the said Commission may deem to the bestinterests of the State; provided, that no exemption from taxes shall begranted under this amendment for a longer period than ten (10) calendaryears succeeding the date of any such contract. Any such exemptionshall 'ipso facto' cease upon violation of the terms and conditions ofany contract hereby made. 
—————————— 
Amend. 28. 
Regulating Practice of Law. Supreme Court - Rule making power. 
The Supreme Court shall make rules regulating the practice of law andthe professional conduct of attorneys at law. 
 —————————— 
Amend. 29. 
Filling Vacancies in Office. 
Section: 
 1. Elective offices - Exceptions. 
 2. Ineligible persons - Nepotism. 
 3. Violation of amendment - Compensation withheld. 
 4. Duration of term of appointee - Election to fill vacancy. 
 5. Election to fill - Placing names on ballots. 
1. Elective offices - Exceptions. 
Vacancies in the office of United States Senator, and in all electivestate, district, circuit, county, and township offices except those ofLieutenant Governor, Member of the General Assembly and Representativein the Congress of the United States, shall be filled by appointment bythe Governor. 
2. Ineligible persons - Nepotism. 
The Governor, Lieutenant Governor and Acting Governor shall beineligible for appointment to fill any vacancies occurring or anyoffice or position created, and resignation shall not remove suchineligibility. Husbands and wives of such officers, and relatives ofsuch officers, or of their husbands and wives within the fourth degreeof consanguinity or affinity, shall likewise be ineligible. No personappointed under Section 1 shall be eligible for appointment or electionto succeed himself. 
3. Violation of amendment - Compensation withheld. 
No person holding office contrary to this amendment shall be paid anycompensation for his services. Any warrant, voucher or evidence ofindebtedness issued in payment for such services shall be void. 
4. Duration of term of appointee - Election to fill vacancy. 
The appointee shall serve during the entire unexpired term in theoffice in which the vacancy occurs if such office would in regularcourse be filled at the next General Election if no vacancy hadoccurred. If such office would not in regular course be filled at suchnext general election the vacancy shall be filled as follows: At thenext General Election, if the vacancy occurs four months or more priorthereto, and at the second General Election after the vacancy occurs ifthe vacancy occurs less than four months before the next GeneralElection after it occurs. The person so elected shall take office onthe 1st day of January following his election. 
5. Election to fill - Placing names on ballots. 
Only the names of candidates for office nominated by an organizedpolitical party at a convention of delegates, or by a majority of allthe votes cast for candidates for the office in a primary election, orby petition of electors as provided by law, shall be placed on theballots in any election. 
 ——————————