Page images
PDF
EPUB

shall be impaired or forfeited, except for the commission of a felony at common law, upon lawful conviction thereof.

Sec. 3. All elections by the people shall be by ballot. Every ballot shall be numbered in the order in which it shall be received, and the number recorded by the election officers on the list of voters opposite the name of the elector who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any elector shall have voted, unless required to do 80 as witnesses in a judicial proceeding, or a proceeding to contest an election.

Sec. 4 Electors shall, in all cases (except treason, felony and breach of the peace), be privileged from arrest during their attendance at elections and going to and from the same.

Sec. 5. No idiot or insane person shall be entitled to the privileges of an elector.

Sec. 6. Any person who shall be convicted of fraud, bribery or other willful and corrupt violation of any election law of this State shall be adjudged guilty of a felony, and disqualified from bolding any office of trust or profit in this State.

Sec. 7. No soldier, sailor or marine in the military or naval service of the United States shall acquire a residence by reason of being stationed on duty in this State.

Sec. 8. The general elections shall be held biennially, on the rst Monday of September; but the General Assembly may by law Ex a different time.

Sec. 9. In trials of contested elections and in proceedings for the investigation of elections no person shall be permitted to hold his testimony on the ground that it may criminate imself or subject him to public infamy; but such testimony tall not be used against him in any judicial proceeding, except for perjury in giving such testimony.

Sec. 10. No person shall be qualified to serve as an election er who shall hold at the time of the election any office, ppointment or employment in or under the government of the Tnited States, or of this State, or in any city or county, or any nicipal board, commission or trust in any city, save only the ties of the peace and aldermen, notaries public and persons the militia servce of the State. Nor shall any election officer be eligible to any civil office to be filled at an election at which

he shall serve--save only to such subordinate municipal or local offices, below the grade of city or county officers, as shall be designated by general law.

Sec. 11. If the officers of any election shall unlawfully refuse or fail to receive, count or return the vote or ballot of any qualified elector, such vote or ballot shall nevertheless be counted upon the trial of any contest arising out of said election.

Sec. 12. All elections by persons acting in a representative capacity shall be viva voce.

ARTICLE IV.

Departments.

Section 1. The powers of the government of the State of Arkansas shall be divided into three distict departments, each of them to be confided to a separate body of magistracy, to wit: Those which are legislative to one, those which are executive to another, and those which are judicial to another.

Sec. 2. No person or collection of persons, being of one of these departments, shall exercise any power belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE V.

Legislative.

Section i. The legislative power of this State shall be vested in a General Assembly, which shall consist of the Senate and House of Representatives.

Sec. 2. The House of Representatives shall consist of members to be chosen every second year by the qualified electors of the sev eral counties.

Sec. 3. The Senate shall consist of members to be chosen every four years by the qualified electors of the several districts. At the first session of 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.

Sec. 4. No person shall be a Senator or Representative who, at the time of his election, is not a citizen of the United States, nor anyone who has not been for two years next preceding his elec tion a resident of this State, and for one year next preceding his

election a resident of the county or district whence he may be chosen. Senators shall be at least twenty-five years of age and Bepresentatives at least twenty-one years of age.

Sec. 5. The General Assembly shall meet at the seat of gov ernment every two years on the first Tuesday after the second Monday in November until said time be altered by law.

Sec. 6. The Governor shall issue writs of election to fill such vacancies as shall occur in either house of the General Assembly. Sec. 7. No judge of the Supreme Court or inferior courts of law or equity, Secretary of State, Attorney-General for the State, Auditor or Treasurer, Recorder, clerk of any Court of Record, sheriff, coroner, member of Congress, nor any other person holding any lucrative office under the United States or this State (militia officers, justices of the peace, postmasters, officers of public schools and notaries excepted), shall be eligible to a seat in either house of the General Assembly.

Sec. 8. No person who now is or shall be hereafter a collector or holder of public money, nor any assistant or deputy of such holder or collector of 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 he may have been liable.

Sec. 9. No person hereafter convicted of embezzlement of public money, bribery, forgery or other infamous crime shall be eligible to the General Assembly or capable of holding any office of trust or profit in this Sate.

Sec. 10. No Senator or Representative shall, during the term for which he shall have been elected, be appointed or elected to ary civil office under this State.

Sec. 11. Each house shall appoint its own officers, and shall be sole judge of the qualifications, returns and elections of its

members. A majority of all the members elected to each se shall constitute a quorum to do business; but a smaller ber may adjourn from day to day, and compel the attende of absent members in such manner and under such penalDes as each house shall provide.

Sec. 12. Each house shall have the power to determine the es of its proceedings; and punish its members or other persons, la contempt or disorderly behavior in its presence; enforce obedi

[merged small][ocr errors]

same cause.

ence to its process; to protect its members against violence or offers of bribes or private solicitations; and, with the concurrence of two-thirds, expel a member, but not a second time for the A member expelled for corruption shall not thereafter be eligible to either house; and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense. Each house shall keep a journal of its proceedings, and from time to time publish the same, except such parts as require secrecy; and the yeas and nays on any question shall at the desire of any five members, be entered on the journals.

Sec. 13. The sessions of each house and of committees of the whole shall be open, unless when the business is such as ought to be kept secret.

Sec. 14. Whenever an officer, civil or military, shall be appointed by the joint or concurrent vote of both houses, or by the separate vote of either house of the General Assembly, the vote shall be taken viva voce and entered on the journals.

Sec. 15. The members of the General Assembly shall, in all cases except treason, felony and breach or surety of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.

Sec. 16. The members of the General Assembly shall receive such per diem pay and mileage for their services as shall be fixed by law. No member of either house shall, during the term for which he has been elected, receive any increase of pay for his services under any law passed during such term. The term of all members of the General Assembly shall begin on the day of their election.

Sec. 17. The regular biennial sessions shall not exceed sixty days in duration, unless by a vote of two-thirds of the members elected to each house of said General Assembly. Provided, that this section shall not apply to the first session of the General Assembly under this Constitution, or when impeachments are pending.

Sec. 18. Each house, at the beginning of every regular session of the General Assembly, and whenever a vacancy may occur, shall elect from its members a presiding officer, to be styled

respectively, the president of the Senate and the speaker of the House of Representatives; and whenever, at the close of any session, it may appear that the term of the member elected president of the Senate will expire before the next regular session, the Senate shall elect another president from those members whose terms of office continue over, who shall qualify and remain president of the Senate until his successor may be elected and qualifed; and who, in the case of a vacancy in the office of Governor, shall perform the duties and exercise the powers of Governor, as where herein provided.

Sec. 19. The style of the laws of the State of Arkansas shall be Be it enacted by the General Assembly of the State of Arkansas."

Sec. 20. The State of Arkansas shall never be made defendant in any of her courts.

Sec. 21. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either base as to change its original purpose.

Sec. 22. Every bill shall be read at length on three different days in each house, unless the rules be suspended by two-thirds the house, when the same may be read a second or third time a the same day; and no bill shall become a law unless on its l passage the vote be taken by yeas and nays, the names the persons voting for and against the same be entered on the raal, and a majority of each house be recorded thereon as oting in its favor.

Sev. 23. No law shall be revived, amended or the provisions. eron extended or conferred by reference to its title only; but much thereof as is revived, amended, extended or conferred all be re-enacted and published at length.

Sec. 24. The General Assembly shall not pass any local or cal law changing the venue in criminal cases; changing the ames of persons or adopting or legitimating children; granting orces; vacating roads, streets or alleys.

Sec. 25. In all cases where a general law can be made applialle no special law shall be enacted; nor shall the operation of general law be suspended by the Legislature for the benefit any particular individual, corporation or association; nor

« PreviousContinue »