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ARTICLE IV

DEPARTMENT

SECTION 1. The powers of the government of the State of Arkansas shall be divided into three distinct 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 1. 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 several 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 any one who has not been for two years next preceding his election, 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 representatives at least twenty-one years of age.

Sec. 5. The general assembly shall meet at the seat of government 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, circuit 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 oflicers, justices of the peace, postmasters, oflicers 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 oflice of trust or profit, until he shall have accounted for and paid over all sums for which he may have been liable.

Sec. ?. 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 State.

Sec. 10. No senator or representative shall, during the term for which he shall have been elected, be appointed or elected to any 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 own members. A majority of all the members elected to each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each house shall provide.

Sec. 12. Each house shall have power to determine the rules of its proceedings, and punish its members or other persons for contempt or disorderly behavior in its presence; enforce obedience 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 same cause. 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 offence. 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 rira roce, 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, imless by a vote of two-thirds of the members elected to cach 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 à presiding officer, to be styledi

, 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 qualified; and who, in the case of a vacancy in the office of governor, shall perform the duties and exercise the powers of gov

, ernor as elsewhere 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 house 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 of the house, when the same may be read a second or third time on the same day; and no bill shall become a law unless, on its final passage, the vote be taken by yeas and nays; the names of the persons voting for and against the same be entered on the journal; and a majority of each House be recorded thereon as voting in its favor.

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

Sec. 24. The general assembly shall not pass any local or special law changing the venue in criminal cases; changing the names of persons, or adopting or legitimating children; granting divorces; vacating roads, streets, or alleys.

Sec. 25. In all cases where a general law can be made applicable, no special law shall be enacted; nor shall the operation of any general law be suspended by the Legislature for the benefit of any particular individual, corporation, or association, nor where the courts have jurisdiction to grant the powers, or the privileges, or the relief asked for.

Sec. 26. No local or special bill shall be passed, unless notice of the intention to apply therefor, shall have been published, in the locality where the matter or the thing to be affected may be situated; which notice shall be at least thirty days prior to the introduction into the general assembly of such bill, and in the manner to be provided by law. The evidence of such notice having been published, shall be exhibited in the general assembly before such act shall be passed.

SEC. 27. No extra compensation shall be made to any officer, agent, employé or contractor, after the service shall have been rendered, or the contract made; nor shall any money be appropriated or paid on any claim, the subject matter of which shall not have been provided for by pre-existing laws; unless such compensation or claim, be allowed by bill passed by two-thirds of the members elected to each branch of the general assembly.

SEC. 28. Neither house shall, without the consent of the other, adjourn for more than three days; nor to any other place than that in which the two Houses shall be sitting.

Sec. 29. No money shall be drawn from the treasury except in pursuance of specific appropriation made by law, the purpose of which shall be distinctly stated in the bill; and the maximum amount which may be drawn shall be specified in dollars and cents; and no appropriations shall be for a longer period than two years.

Sec. 30. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative; and judicial departments of the State; all other appropriations shall be made by separate bills, each embracing but one subject.

Sec. 31. No State tax shall be allowed, or appropriation of money made, except to raise means for the payment of the just debts of the State, for defraying the necessary expenses of the government, to sustain common schools, to repel invasion, and suppress insurrection, except by a majority of two thirds of both Houses of the General assembly.

SEC. 32. No act of the General Assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property; and, in case of death from such injuries, the right of action shall survive, and the General Assembly 'shall prescribe for whose benefit such action shall be prosecuted.

Sec. 33. No obligation or liability of any railroad, or other corporation held or owned by this State, shall ever be exchanged, transferred, remitted, postponed, or in any way diminished by the general assembly; nor shall such liability or obligation be released, except by payment thereof into the State treasury.

SEC. 34. No new bill shall be introduced in either house during the last three days of the session.

SEC. 35. Any person who shall, directly or indirectly, offer, give, or promise any money, or thing of value, testimonial, privilege, or personal advantage, to any executive or judicial officer or member of the general assembly; and any such executive or judicial officer or member of the general assembly who shall receive or consent to receive any such consideration, either directly or indirectly, to influence his action in the performance or non-performance of his public or official duty, shall be guilty of a felony, and be punished accordingly.

Sec. 36. Proceedings to expel a member for a criminal offence, whether successful or not, shall not bar an indictment and punishment, under the criminal laws, for the same offence.

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ARTICLE VI

EXECUTIVE DEPARTMENTS

SECTION 1. The executive department of this State shall consist of a governor, secretary of state, treasurer of state, auditor of state, and attorney-general; all of whom shall keep their offices in person at the seat of government, and hold their offices for the term of two years and until their successors are elected and qualified; and the general assembly may provide by law for the establishment of the office of commissioner of State lands.

SEC. 2. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled " the governor of the State of Arkansas.”

Sec. 3. The governor, secretary of state, treasurer of state, auditor of state, and attorney-general shall be elected by the qualified electors of the State at large, at the time and places of voting for members of the general assembly; the returns of each election therefor shall be sealed up separately and transmitted to the seat of government by the returning officers, and directed to the speaker of the house of representatives, who shall, during the first week of the session, open and publish the votes cast and given for each of the respective officers hereinbefore mentioned, in the presence of both houses of the general assembly. The person having the highest number of votes, for each of the respective offices, shall be declared duly elected thereto; but if two or more shall be equal, and highest in votes for the same oflice, one of them shall be chosen by the joint vote of both houses of the general assembly, and a majority of all the members elected shall be necessary to a choice.

Sec. 4. Contested elections for governor, secretary of state, treas

er of state, auditor of state, and attorney-general shall be determined by the members of both houses of the general assembly, in joint session, who shall have executive jurisdiction in trying and determining the same, except as hereinafter provided in the case of special elections; and all such contests shall be tried and determined at the first session of the general assembly after the election in which the same shall have arisen.

Sec. 5. No person shall be eligible to the office of governor except a citizen of the United States, who shall have attained the

age

of thirty years and shall have been seven years a resident of this State.

SEC6. The governor shall be commander-in-chief of the military and naval forces of this State, except when they shall be called into the actual service of the United States.

Sec. 7. He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices, and shall see that the laws are faithfully executed.

SEC. 8. Ile shall give to the general assembly from time to time, and at the close of his official term to the next general assembly, information, by message, concerning the condition and government of the State, and recommend for their consideration such measures as he may deem expedient.

. Sec. 9. seal of the State shall be kept by the governor, used by him officially, and called the “Great Seal of the State of Arkansas.

SEC. 10. All grants and commissions shall be issued in the name, and by the anthority of the State of Arkansas; sealed with the great Leal of the State; signed by the Governor, and attested by the secre. ta't of state.

SEC. 11. No member of Congress, or other person holding office under the authority of this State, or of the United States, shall exercise the office of Governor, except as herein provided.

SEC. 12. In case of the death, conviction on impeachment, failure to qualify, resignation, absence from the State, or other disability of the Governor, the powers, duties and emoluments of the office for the remainder of the term, or until the disability be removed, or a governor elected and qualified, shall devolve upon, and accrue, to the president of the Senate.

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