authority as shall be necessary to carry into effect the powers hereby conferred.12

SEC. 11. The rolling stock and all other movable property belonging to any railroad company or corporation in this state shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the general assembly shall pass no law exempting any such property from execution and sale.

SEC. 12. All railroads which are ROW or may be hereafter built and operated, either in whole or in part, in this state shall be responsible for all damages to persons and property, under such regulations as may be prescribed by the general assembly.

SEC. 13. The directors of every railroad corporation shall annually make a report under oath to the auditor of public accounts of all their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law, and the general assembly shall pass laws enforcing by suitable penalties the provisions of this section.

ARTICLE XVIII.

JUDICIAL CIRCUITS.

Until otherwise provided by the general assembly, the judicial circuits shall be composed of the following counties:

(Districts have been changed at different times).

ARTICLE XIX.

MISCELLANEOUS PROVISIONS.

SECTION 1. No person who denies the being of a God shall hold any office in the civil departments of this state, nor be competent to testify as a witness in any court.

SEC. 2. No person who may hereafter fight a duel, assist in the same as second, or send, accept or knowingly carry a challenge therefor shall hold any office in the state for a period of ten years, and may be otherwise punished as the law may prescribe.

SEC. 3. No person shall be elected to or appointed to fill a vacancy in any office who does not possess the qualifications of an elector.

SEC. 4. All civil officers for the state at large shall reside within the state, and all district, county and township officers within their respective districts, counties and townships, and shall keep their offices at such places therein as are now or may hereafter be required by law.

SEC. 5.

All officers shall continue in office after the expiration of their official terms until their successors are elected and qualified.

SEC. 6. No person shall hold or perform the duties of more than one office in the same department of the government at the same time, except expressly directed or permitted by this constitution.

as

or

SEC. 7. Absence on business of the state or of the United States. on a visit or on necessary private business, shall not cause a forfeiture of residence once obtained.

SEC. 8. It shall be the duty of the general assembly to regulate by law in what cases and what deductions from the salaries of public officers shall be made for neglect of duty in their official capacity.

SEC. 9. The general assembly shall have no power to create any permanent state office not expressly provided for by this constitution.

SEC. 10. Returns for all elections for officers who are to be commissioned by the governor and for members of the general assembly, except as otherwise provided by this constitution, shall be made to the secretary of state.

SEC. 11. The governor, secretary of state, auditor. treasurer, attorneygeneral. judges of the supreme court, judges of the circuit court. commisSioner of state lands and prosecuting attorneys shall each receive a salary. to be established by law which shall not be increased or diminished during Amendment proposed by the general assembly of 1897. ratified on Nov. 8, 1898. and declared adopted by the speaker of the house on Jan. 13, 1899.

their respective terms, nor shall any of them, except the prosecuting attorneys after the adoption of this constitution, receive to his own use any fees, costs. perquisites of office or other compensation; and all fees that may hereafter be payable by law for any service performed by any officer mentioned in this section, except prosecuting attorneys, shall be paid in advance into the state treasury. Provided, that the salaries of the respective officers herein mentioned shall never exceed per annum :

For governor the sum of $4,000.00; for secretary of state the sum of $2500.00; for treasurer the sum of $3.000.00; for auditor the sum of $3.000.00: for attorney-general the sum of $2,500.00; for commissioner of state lands the sum of $2,500; for judges of the supreme court, each, the sum of $4,000; for judges of the circuit courts and chancellors, each, the sum of $3.000,00; for prosecuting attorney the sum of $400.00.

And provided. further, that the general assembly shall provide for no increase of salaries of its members which shall take effect before the meeting of the next general assembly.

SEC. 12. An accurate and detailed statement of the receipts and expenditures of the public money, the several amounts paid, to whom and on what account, shall, from time to time. be published as may be prescribed by law. SEC. 13. All contracts for a greater rate of interest than ten per centum per annum shall be void, as to principal and interest, and the general assembly shall prohibit the same by law, but when no rate of interest is agreed upon the rate shall be six per centum per annum.

SEC. 14. No lottery shall be authorized by this state, nor shall the sale of lottery tickets be allowed.

SEC. 15. All stationery, printing. paper, fuel, for the use of the general assembly and other departments of government, shall be furnished, and the printing. binding and distributing of the laws, journals, department reports and all other printing and binding, and the repairing and furnishing the halls and rooms used for the meetings of the general assembly and its committees, shall be performed under contract to be given to the lowest responsible bidder, below such maximum price and under such regulations as shall be prescribed by law. No member or officer in any department of the govern ment shall in any way be interested in such contracts, and all such contracts shall be subject to the approval of the governor, auditor and treasurer.

SEC. 16. All contracts for erecting or repairing public buildings or bridges in any county, or for materials therefor, or for providing for the care and keeping of paupers where there are no alms-houses, shall be given to the lowest responsible bidder under such regulations as may be provided by law. SEC. 17. The laws of this state. civil and criminal, shall be revised, digested. arranged, published and promulgated at such times and in such manner as the general assembly may direct.

SEC. 18. The general assembly by suitable enactments shall require such appliances and means to be provided and used as may be necessary to secure as far as possible the lives, health and safety of persons employed in mining and of persons traveling upon railroads and by other public conveyances, and shall provide for enforcing such enactments by adequate pains and penalties. SEC. 19. It shall be the duty of the general assembly to provide by law for the support of institutions for the education of the deaf and dumb and of the blind, and also for the treatment of the insane.

SEC. 20. Senators and representatives and all judicial and executive state and county officers, and all other officers, both civil and military, before enter ing on the duties of their respective offices shall take and subscribe to the following oath or affirmation: "I. do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the state of Arkansas, and that I will faithfully discharge the duties of the office of upon which I am now about to enter."

SEC. 21. The sureties upon the official bonds of all state officers shall be residents of, and have sufficient property within the state. not exempt from sale under execution, attachment or other process of any court, to make

good their bonds, and the sureties upon the official bonds of all county officers shall reside within the counties where such officers reside, and shall have sufficient property therein, not exempt from such sale, to make good their bonds. Provided, however, that any surety, bonding or guaranty company, organized for the purpose of doing a surety or bonding business, and authorized to do business, in this state, may become surety on the bonds of all state, county and municipal officers under such regulations as may be prescribed by law.13 SEC. 22. Either branch of the general assembly at a regular session thereof may propose amendments to this constitution, and, if the same be agreed to by a majority of all the members elected to each house, such proposed amendments shall be entered on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next general election for senators and représentatives, at which time the same shall be submitted to the electors of the state for approval or rejection; and if a majority of the electors voting at such election adopt such amendments the same shall become a part of this constitution; but no more than three amendments shall be proposed or submitted at the same time. They shall be so submitted as to enable the electors to vote on each amendment separately..

SEC. 23. No officer of this state, nor of any county, city or town shall receive, directly or indirectly, for salary, fees and perquisites more than five thousand dollars net profits per annum in par funds, and any and all sums in excess of this amount shall be paid into the state, county, city or town treas ury as shall hereafter be directed by appropriate legislation.

SEC. 24. The general assembly shall provide by law the mode of contesting elections in cases not specifically provided for in this constitution.

SEC. 25. The present seal of the state shall be and remain the seal of the State of Arkansas until otherwise provided by law, and shall be kept and used as provided in this constitution.

SEC. 26. Militia officers, officers of the public schools and notaries may be elected to fill any executive or judicial office.

SEC. 27. Nothing in this constitution shall be so construed as to prohibit the general assembly from authorizing assessments on real property for local improvements in towns and cities under such regulations as may be prescribed by law, to be based upon the consent of a majority in value of the property holders owning property adjoining the locality to be affected: but such assessments shall be ad valorem and uniform.

ARTICLE XX.

NON-PAYABLE STATE BONDS.

SECTION 1. The general assembly shall have no power to levy any tax. or make any appropriations, to pay either the principal or interest, or any part thereof, of any of the following bonds of the state, or the claims, or pretended claims, upon which they may be based, to-wit: Bonds issued under an act of the general assembly of the State of Arkansas, entitled “An act to provide for the funding of the public debt of the state." approved April 6 A. D. 1869. and numbered from four hundred and 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 an act of the general assembly of the State of Arkansas, entitled "An act to aid in the construction of railroads, approved July 21, A. D. 1868;" or bonds called "levee bonds." being bonds issued under an act of the general assembly of the State of Arkansas, entitled “An act providing for the building and repairing the public levees of the state. and for other purposes," approved March 16, A. D. 1869, and the supplemental act thereto, approved April 12, 1869; and the act entitled “An act to amend an act entitled an act providing for the building and repairing of the public

13 Amendment proposed by the general assembly of 1899, ratified on Nov. 6, 1900, and declared adopted by the speaker of the house on Jan. 17, 1901.

levees of this state." approved March 23. A. D. 1871, and any law providing for any such tax or appropriation shall be null and void,14

ARTICLE XXI.

SUFFRAGE.

SECTION 1. Every male citizen of the United States, or male person who has declared his intention of becoming a citizen of the same, of the age of twenty-one years, who has resided in the state twelve months, in the county six months, and in the precinct or ward one month, next preceding any election for the commission of some felony be deprived of the right to vote by law passed by the general assembly and who shall exhibit a poll tax receipt or other evidence that he has paid his poll tax at the time of collecting taxes next preceding such election, shall be allowed to vote at any election in the state of Arkansas. Provided, that persons who make satisfactory proof that they have attained the age of twenty-one years since the time of assessing taxes next preceding said election and possesses the other necessary qualifications, shall be permitted to vote; and provided further, that the said tax receipt shall be so marked by dated stamp or written endorsement by the judges of election to whom it may be first presented as to prevent the holder thereof from voting more than once at any election,15

ARTICLE XXII.

VACANCIES IN OFFICE.

SECTION 1. The governor shall, in case a vacancy occurs in any state, district, county or township office in the state, either by death, resignation or otherwise, fill the same by appointment, such appointment to be in force and effect until the next general election thereafter. 16

ARTICLE XXIII.

COUNTY ROAD TAX.

SECTION 1. The county courts of the state in their respective counties, together with a majority of the justices of the peace of such county, in addition to the amount of county tax allowed to be levied, shall have the power to levy not exceeding three mills on the dollar on all taxable property of their respective counties, which shall be known as the county road tax, and when collected shall be used in the respective counties for the purpose of making and repairing public roads and bridges of the respective counties, and for no other purpose, and shall be collected in United States currency or county warrants legally drawn on such road tax fund if a majority of the qualified electors of such county shall have voted public road tax at the general election for state and county officers preceding such levy at each election.17

[ARTICLE XXIV.]

COUNTY ROAD TAX.

SECTION 1. The county courts in their respective counties, in addition to the county tax now allowed to be levied, shall have power when authorized as hereinafter provided, to levy an annua! tax not exceeding three mills on the dollar on all taxable property, which shall be collected and expended in making and repairing public roads and bridges in their respective coun

14 Article XX is a new article; it was proposed by the general assembly of 1883, ratified on Nov. 4, 1884, and declared adopted by the speaker of the house on Jan. 14, 1885.

See Article III, Section 1, and Note No. 1.

Article XXII is a new article; it was proposed by the general assembly of 1893, ratified on Nov. 6, 1894, by a vote of 43,446 to 40,207, and declared adopted by the speaker of the house on Jan. 17, 1895. In the cases of Rice v. Palmer, 78 Ark. 432, and Boyett v. Cowling, 78 Ark. 432, decided on April 23, 1906, it was held that this proposed amendment had never been legally adopted as it had not received a majority of the votes cast at the election at which it was submitted.

"Article XXIII is a new article; it was proposed by the general assembly of 1897, ratified at the election of Nov. 8, 1898, and declared adopted by the speaker of the house on Jan. 13, 1899. See Article XXIV.

ties; and said court shall have power, after authority given as hereinafter provided, to levy a tax not exceeding three mills on the dollar on all taxable property for a period of time not to exceed thirty years, to borrow money. issue bonds and pledge the revenues arising from the tax levied for a period of time, to pay the interest and principal of any sum or sums so borrowed. All bonds issued by authority herein given shall bear a rate of interest not to exceed six per cent per annum. All sums so borrowed shall be used exclusively in making and repairing the public roads and bridges in the county. The annual tax and the tax for period of years shall not both be levied and be in force at the same time in any county-the levy of one shall exclude the levy of the other.

Before any levy of taxes herein authorized shall be made, the question of levying such tax shall be submitted to the qualified electors of the county at a general or special election called for that purpose, at which a majority of the qualified electors voting at such an election shall have voted in favor of such levy of taxes.18

SCHEDULE.

SECTION 1. All laws now in force which are not in conflict or inconsistent with this constitution shall continue in force until amended or repealed by the general assembly, and all laws exempting property from sale on execution or by decree of a court which were in force at the time of the adop tion of the constitution of 1868 shall remain in force with regard to contracts made before that time. Until otherwise provided by law, no distinction shall exist between sealed and unsealed instruments concerning contracts between individuals executed since the adoption of the constitution of 1868, provided that the statutes of limitation with regard to sealed and unsealed instruments in force at that time continue to apply to all instruments afterward executed until altered or repealed.

SEC. 2. In civil actions no witness shall be excluded because he is a party to the suit or interested in the issue to be tried. Provided, that in actions by or against executors, administrators or guardians in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transactions with or statements of the testator, intestate or ward, unless called to testify thereto by the opposite party. Provided, further, that this section may be amended or repealed by the general assembly.

SEC. 3. An election shall be held at the several election precincts of every county of the state on Tuesday, the 13th day of October. 1874, for governor, secretary of state. auditor, treasurer, attorney-general, commissioner of state lands for two years, unless the office is sooner abolished by the general assembly, chancellor and clerk of the separate chancery court of Pulaski county. chief justice and two associate justices of the supreme court, a circuit judge and prosecuting attorney for each judicial circuit provided for in this constitution, senators and representatives to the general assembly, all county and township officers provided for in this constitution; and also for the submission of this constitution to the qualified electors of the state for its adoption or rejection.

SEC. 4. The qualification of voters at the election to be held as provided in this schedule shall be the same as is now prescribed by law.

SEC. 5. The state board of supervisors hereinafter mentioned shall give notice of said election immediately after the adoption of this constitution by this convention by proclamation in at least two newspapers published at Little Rock and such other newspapers as they may select. And each county board of supervisors shall give public notice in their respective counties of said election immediately after their appointment.

SEC. 6. The governor shall also issue a proclamation enjoining upon all peace officers the duty of preserving good order on the day of said election and preventing any disturbance of the same.

18[Article XXIV] is a new article; it was proposed by the general assembly of 1915, ratified at the election of Nov. 7, 1916, and declared adopted by the speaker of the house on