Abbildungen der Seite
PDF
EPUB

SEC. 20. No portion of the public funds or property shall ever be appropriated by virtue of any resolution. No appropriation shall be made except by a bill duly passed for that purpose.

SEC. 21. Every bill and joint resolution shall be read three times, on different days, in each house, before the final passage thereof, unless two-thirds of the house where the same is pending shall dispense with the rules. No bill or joint resolution shall become a law without the concurrence of a majority of all the members voting. On the final passage of all bills the vote shall be taken by yeas and nays, and entered on the journal.

SEC. 22. No act shall embrace more than one subject, which shall be embraced in its title. No public act shall take effect or be in force until ninety days from the expiration of the session at which the same is passed, unless it is otherwise provided in the act.

SEC. 23. No law shall be revised, altered or amended, by reference to its title only, but the act revised, and the section or sections of the act as altered or amended shall be enacted and published at length.

SEC. 24. No new bill shall be introduced into either house during the last three days of the session without the unanimous consent of the house in which it originated.

SEC. 25. The general assembly, at its first session, shall provide suitable laws for the registration of qualified electors, and for the prevention of frauds in elections.

SEC. 26. The general assembly shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person.

SEC. 27. The style of the laws of the State shall be, "Be it enacted by the general assembly of the State of Arkansas.”

SEC. 28. The general assembly may enact laws providing for county, township or precinct governments.

SEC. 29. It shall be the duty of the general assembly, from time to time, as circumstances may require, to frame and adopt a penal code, founded on principles of reformation.

SEC. 30. The general assembly shall not change the venue in any criminal or penal prosecution, but shall provide for the same by general laws.

SEC. 31. The general assembly may pass laws authorizing appeals in criminal or penal cases, and regulating the right of challenge of jurors therein.

SEC. 32. The general assembly shall direct by law when and how juries shall be selected from judicial districts in criminal and civil cases.

SEC. 33. The general assembly shall regulate by law by whom and in what manner, writs of election shall be issued to fill the vacancies which may happen in either branch thereof.

SEC. 34. The general assembly may declare the cases in which any office shall be deemed vacant, and also for the manner of filling the vacancy, where no provision is made for that purpose in this constitution.

SEC. 35. Every bill and concurrent resolution, except of adjournment, passed by the general assembly, shall be presented to the governor for approval before it becomes a law. If he approve, he shall sign it; if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon its journal, and reconsider it. On such reconsideration, if a majority of the members elected agree to pass the bill, it shall be sent with the objections to the other house, by which it shall be reconsidered. If approved by a majority of the members elected to that house, it shall become a law. In such cases the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal of each house respectively. If any bill be not returned by the governor within three (3) days (Sunday excepted) after it has been presented to him, the same shall become 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 not become a law. The governor may approve, sign and file in the office of the secretary of state, within three days after

the adjournment of the general assembly, any act passed during the last three (3) days of the session, and the same shall become a law.

SEC. 36. Each house may punish by imprisonment, during its session, any person not a member, who shall be guilty of any disorderly or contemptuous behavior in their presence; but no such imprisonment shall at any time exceed twenty-four (24) hours.

SEC. 37. No citizen of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless the same is done by the law of the land, or the judgment of his peers, except as hereinafter provided. There shall be neither slavery nor involuntary servitude, either by indentures, appenticeships, or otherwise, in the State, except for the punishment of crime, whereof the party shall have been duly convicted.

SEC. 38. The general assembly shall have no power to make compensation for emancipated slaves.

SEC. 39. The general assembly shall have no power to grant divorces, to change the names of individuals, or to direct the sale of estates belonging to infants or other persons laboring under legal disabilities, by special legislation; but, by general laws, shall confer such powers on the courts of justice.

SEC. 40. The general assembly shall not authorize, by private or special law, the sale or conveyance of any real estate belonging to any person, or vacate or alter any road laid out by legal authority, or any street in any city or village, or in any recorded town-plat; but shall provide for the same by general laws.

SEC. 41. The general assembly shall not authorize any lottery, and shall prohibit the sale of lottery tickets.

SEC. 42. In case of a contested election, only the claimant decided entitled to the seat, in either house in which the contest may take place, shall receive from the State per diem compensation and mileage.

SEC. 43. No collector, holder, or disburser of public moneys shall have a seat in the general assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid over, as provided by law, all sums for which he is liable.

SEC. 44. The general assembly shall have power to alter and regulate the jurisdiction and proceedings in law and equity, subject to the provisions of this constitution. SEC. 45. The general assembly shall direct by law in what manner and in what courts suits may be brought by and against the State.

SEC. 46. It shall be the duty of the general assembly to make adequate provision for the maintenance of paupers throughout the State.

SEC. 47. The general assembly shall not have power to authorize any municipal corporation to pass any laws contrary to the general laws of the State, or to levy any tax on real or personal property to a greater extent than two (2) per centum of the assessed value of the same.

SEC. 48. The general assembly shall pass no special act conferring corporate powers. Corporations may be formed under general laws; but all such laws may, from time to time, be altered or repealed. Dues from corporations shall be secured by such individual liability of the stockholders, and other means, as may be prescribed by law; but, in all cases each stockholder shall be liable over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum, at least equal in amount to such stock. The property of corporations, now existing or hereafter created, shall forever be subject to taxation, the same as the property of individuals. No right of way shall be appropriated to the use of any corporation until full compensation therefor shall be first made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation; which compensation shall be ascertained by a jury of twelve men in a court of record, as shall be prescribed by law.

SEC. 49. The general assembly shall provide for the organization of cities and incorporated villages by general laws, and restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent the abuse of such power.

SEC. 50. All corporations with banking and discounting privileges, shall, preparatory to issuing bills as currency, deposit the bonds of this State, equal in amount to the capital stock of such corporation, with the auditor of the State, who shall not permit an issue of circulation exceeding eighty per centum of the amount of bonds so deposited, such circulation being receivable for all taxes and dues to the State, and the individual liability of stockholders shall be as hereinbefore directed: Provided, That corporations chartered or existing under any act of the Congress of the United States shall be exempted from these provisions.

SEC. 51. The general assembly, on the day of final adjournment, shall adjourn at twelve o'clock at noon.

ARTICLE VI.

EXECUTIVE DEPARTMENT.

SECTION 1. The executive department of this State shall consist of a governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general and superintendent of public instruction—all of whom shall hold their several offices for the term of four years and until their successors are elected and qualified. They shall be chosen by the qualified electors of this State at the time and places of choosing the members of the general assembly.

SEC. 2. The supreme executive power of this State shall be vested in the governor. SEC. 3. No person shall be eligible to the office of governor or lieutenant-governor who shall not have attained the age of twenty-five years, who shall not have been five years a citizen of the United States, who shall not, at the time of his election, have had an actual residence in this State for one year next preceding his election, and who shall not be a qualified elector as prescribed in this constitution.

SEC. 4. In elections for governor and lieutenant-governor, the person having the highest number of votes shall be declared elected. But in case that two or more persons shall have an equal, and the highest number of votes for governor or lieutenantgovernor, the general assembly shall, by joint vote, choose one of such persons. The governor shall be commander-in-chief of the military and naval forces of the State, and may call out such forces to execute the laws, suppress insurrections, repel invasions, or preserve the public peace. He shall transact all necessary business with other officers of the State government, and may require information in writing of the Officers of the executive department upon anysubject pertaining to the duties of their respective offices.

SEC. 5. It shall be the duty of the governor to see that the laws are faithfully executed.

SEC. 6. He may convene the legislature on extraordinary occasions.

SEC. 7. He shall give to the general assembly, and at the close of his official term, to the next general assembly information by message, concerning the condition of the State, and recommend such means to their consideration as he may deem expedient.

SEC. 8. He may convene the general assembly at some other place when the seat of government becomes dangerous from the prevalence of disease, or the presence of a common enemy.

SEC. 9. He may grant reprieves, pardons and commutations after conviction for all offences, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper; subject, however, to such regulations as may be prescribed by law relative to the manner of applying for pardons. Upon conviction for treason he may suspend execution of the sentence until the matter shall be reported to the general assembly at its next session, when the general assembly shall either pardon, commute the sentence, direct the execution of the same or grant a further reprieve. The governor shall communicate to the general assembly at each session, information concerning each case of pardon, reprieve or commutation granted, and the reasons therefor.

SEC 10. In case of the impeachment of the governor, his removal from office, death, resignation, inability or removal from the State, the powers and duties of the

governor shall devolve upon the lieutenant-governor during the residue of the term or until the disabilities of the governor are removed.

SEC. 11. During a vacancy in the office of governor, if the lieutenant-governor resign, be impeached, displaced, absent from the State or incapable of acting, the president pro tempore of the senate, shall act as governor until the vacancy be filled, or the disability cease.

SEC. 12. The lieutenant-governor shall, by virtue of his office, be president of the senate, and when there is an equal division he shall give the casting vote.

SEC. 13. No member of Congress or any person holding any office under the United States or this State shall execute the office of governor.

SEC. 14. The lieutenant-governor, and the president of the Senate pro tempore while performing the office of governor, shall receive the same compensation as the governor.

SEC. 15. All official acts of the governor-his approval of the laws exceptedshall be authenticated by the great seal of the State, which seal shall be kept by the secretary of state.

SEC. 16. The governor shall, by and with the advice and consent of the senate, appoint a convenient number of notaries public, not to exceed six for each county, who shall discharge such duties as are now, or as may hereafter be prescribed by law.

SEC. 17. All commissions issued to persons holding office under the provisions of this constitution shall be in the name, and by the authority of the people of the State of Arkansas, sealed with the great seal of the State, signed by the governor, and countersigned by the secretary of state.

SEC. 18. The governor, chief justice, secretary of state, treasurer, auditor, attorneygeneral and superintendent of public instruction, shall severally reside, and keep all public records, books, papers and documents which may pertain to their respective offices, at the seat of government.

SEC. 19. The returns of every election for governor, lieutenant-governor, secretary of State, treasurer, auditor, attorney-general and superintendent of public instruction, shall be sealed up and transmitted to the seat of government by the returning officers and directed to the presiding officer of the senate, who, during the first week of the session shall open and publish the same in presence of the members then assembled. The person having the highest number of votes shall be declared elected, but if two or more shall have the highest and equal number of votes for the same office, one of them shall be chosen by a joint vote of both houses. Contested elections shall likewise be determined by both houses of the general assembly in such manner as is or may hereafter be prescribed by law.

SEC. 20. The secretary of state shall keep a fair record of all official acts and proceedings of the governor, and shall when required lay the same and all papers, minutes and vouchers relative thereto, before the general assembly, and shall perform such other duties as are now, or may hereafter be prescribed by law.

SEC. 21. The auditor, treasurer, attorney-general, and superintendent of public instruction, shall perform such duties as are now, or may hereafter be prescribed by law.

SEC. 22. In case of the death, impeachment, removal from the State or other disability of the secretary of state, treasurer, auditor, attorney-general, and superintendent of public instruction, the vacancies in their several offices thus occasioned shall be filled by appointment of the governor, which appointment shall be made for the unexpired terms of said officers, or until said disabilities are removed, or until elections are held to fill said vacancies.

SEC. 23. Until the general assembly shall otherwise provide, the governor shall appoint a suitable person, who shall be styled commissioner of public works and internal improvements, who shall hold his office for the term of four years, and until his successor is duly commissioned and qualified. It shall be the duty of the commissioner of public works and internal improvements to superintend all public works which may be carried on by the State, and have a supervising control over all internal improvements in which the State is interested, and, until otherwise provided

by the general assembly he shall be ex officio commissioner of immigration and of State lands, and shall perform such other duties as may be prescribed by law. He shall receive for his services the same salary as provided by law for the auditor of the State.

SEC. 24. The officers of the executive department, mentioned in this article, shall, at stated times, receive for their services a compensation to be established by law, which shall not be diminished during the period for which they shall have been elected or appointed.

SEC. 25. The officers of the executive department and judges of the supreme court shall not be eligible, during the period for which they may be elected or appointed to their respective offices, to any position in the gift of the qualified electors, or of the general assembly of this State.

SEC. 26. The returns of every election for State, county and judicial officers, not herein provided for shall be sealed up and transmitted to the seat of government by the returning officers, and directed to the secretary of state who shall open and publish the same, and the persons so elected shall be duly commissioned by the gov

ernor.

ARTICLE VII.

JUDICIARY.

SECTION 1. The judicial power of the State shall be vested in the senate sitting as a court of impeachment, a supreme court, circuit courts, and such other courts inferior to the supreme court as the general assembly may from time to time establish. SEC. 2. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members thereof. The chief justice shall preside, and the secretary of state shall act as clerk of this court: Provided, That in case of the trial of either of them the person appointed temporarily to perform the duties of the office shall act. The governor, and all other civil officers under this State, shall be liable to impeachment for any misconduct or maladministration of their respective offices; but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust, or profit, under this State. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial and judgment according to law.

SEC. 3. Two terms of the supreme court shall be held at the seat of government annually: Provided, That the general assembly may provide by law for holding said court at three other places. The supreme court shall consist of one chief justice, who shall be appointed by the governor, by and with the advice and consent of the senate, for the term of eight years, and four associate justices, who shall be chosen by the qualified electors of the State at large for the term of eight years: Provided, That two of the associate justices first chosen under this constitution shall serve for four years after the next general election, and two of them for eight years after said election, said times to be determined by lot; but thereafter the associate justices shall be chosen for the full term.

SEC. 4. The supreme court shall have general supervision and control over all inferior courts of law and equity. It shall have power to issue writs of error, supersedeas, certiorari, habeas corpus, mandamus, quo warranto, and other remedial writs, and to hear and determine the same. Final judgments in the inferior courts may be brought by writ of error, or by appeal, into the supreme court in such manner as may be prescribed by law.

SEC. 5. The inferior courts of the State as now constituted by law, except as hereinafter provided, shall remain with the same jurisdiction as they now possess: Provided, That the general assembly may provide for the establishment of such inferior courts, changes of jurisdiction, or abolition of existing inferior courts, as may be. deemed requisite. The judges of the inferior courts herein provided for, or of such as may hereafter be established by law, shall be appointed by the governor, by and with the advice and consent of the senate, for the term of six years, and until such

« ZurückWeiter »