twenty-one years, who has resided in the state twelve months, in the county six months, and in the precinct, town or ward one month, next preceding any election at which he may propose to vote, except such persons as may 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.1

SEC. 2. Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby the right to vote at any election shall be made to depend upon any previous registration of the elector's name; or whereby such right 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 officer shall be sworn or affirmed not to disclose how any elector shall have voted, unless required to do so 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.

elector.

SEC. 6.

SEC. 5. No idiot or insane person shall be entitled to the privilege of an Any person who shall be convicted of fraud, bribery or other wilful and corrupt violation of any election law of this state shall be adjudged guilty of a felony, and disqualified from holding 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 first Monday of September; but the general assembly may by law fix a different time.

SEC. 9. In trials of contested elections and in proceedings for the investigation of elections, no person shall be permitted to withhold his testimony

Section 1 has been amended twice; the first amendment was proposed by the general assembly of 1891, ratified by the electors on Nov. 8, 1892, and declared adopted by the speaker of the house on Jan. 12, 1893. The present amendment was proposed by the general assembly of 1907, ratified on Nov. 3, 1908, and declared adopted by the speaker of the house on Jan. 14, 1909. The text of the amendment of 1893 is as follows: Section 1. Every male citizen of the United States, or male person who has declared his intention of becoming a citizer 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 at which he may propose to vote, except such persons as may 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. The first of these amendments is designated in the amendments as Article XXI, but it is manifestly an amendment of Article III, Section 1, and has been inserted here. No article or section number was assigned to the second of these amendments.

on the ground that it may criminate himself or subject him to public infamy; but such testimony shall 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 officer who shall hold at the time of the election any office, appointment or employment in or under the government of the United States, or of this state, or in any city or county, or any municipal board, commission or trust in any city, save only the justices of the peace and aldermen, notaries public and persons in the militia service of the state. Nor shall any election officer be eligible to any eiril 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 offi cers, 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 rira voce.

ARTICLE IV.

DEPARTMENTS.

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 powers of this state shall be vested in a general assembly, which shall consist of the senate and house of representatives, but the people of each municipality, each county and of the state, reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls as independent of the legislative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than eight per cent. of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon.

The second power is a referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health and safety) either by the petition signed by five per cent. of the legal votetrs or by the legislative assembly as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which referendum is demanded. The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people of the state shall be had at the biennial regular general elections, except when the legislative assembly shall order a special election. Any measure referred to the people shall take effect and become a law when it is approved by a majority of votes cast thereon, and not otherwise. The style of all bills shall be. "Be it enacted by the people of the State of Arkansas," This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for the office of governor at the regular election last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal votes necessary to sign such petition shall be counted. Peti

tions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he and all other officers shall be guided by the general laws and the acts submitting this amendment until legislation shall be specially provided therefor.2

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.3

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 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. S. 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 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 the 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 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.

Amendment proposed by the general assembly of 1909, ratified on Nov. 8, 1910, and declared adopted by the speaker of the house on Jan. 12, 1911.

"The time of meeting of the general assembly has been changed to the second Monday in January; Sec. 3708, Kirby's Digest.

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 riva 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. Each member of the General Assembly shall receive six dollars per day for his services during the first sixty days of any regular session of the General Assembly, and if any regular session shall be extended, such meniber shall serve without further per diem. Each member of the General Assembly shall also receive ten cents per mile for each mile traveled in going to and returning from the seat of government, over the most direct and practicable route. When convened in extraordinary session by the Governor, they shall each receive three dollars per day for their services during the first fifteen days, and if such extraordinary session shall extend beyond fifteen days, they shall receive no further per diem. They shall be entitled to the same mileage for an extraordinary session as herein provided for regular sessions. The terms of all members of the General Assembly shall begin on the day of their election, and they shall receive no compensation, perquisite or allowance whatever,' except as herein provided.4

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

*Amendment proposed by the general assembly of 1311, ratified on Sept. 9, 1912, and declared adopted by the speaker of the house on Feb. 10, 1913. The general assembly of 1901 proposed an amendment to this section which was ratified by the electors on Nov. 4, 1902, by a vote of 45,598 to 43,982, and declared adopted by the speaker of the house on Jan. 14, 1903. In Rice v. Palmer, 78 Ark, 432. and Boyett v. Cowling, 78 Ark. 494, decided on April 23, 1906, it was held that this amendment was never legally adopted as it failed to receive a majority of the votes cast at the election at which it was submitted. This amendment is indicated as section 15 in the measure by which it was submitted, but this is obviously an error. The text of the proposed amendment is as follows: Section 16. The members of the general assembly shall receive such 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. 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 thereof as is revised, 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, employee 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 expense 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 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.