SEC. 34. No new bill shall be introduced into 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 offense, whether sucessful or not, shall not bar an indictment and punishment, under the criminal laws, for the same offense.

ARTICLE VI.

EXECUTIVE DEPARTMENT.

SECTION 1. The executive department of this state shall consist of a govemor, 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 Arkan

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 nd 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 wo or more shall be equal, and highest in votes for the same office, one of them shall he 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. treasurer of state, auditor of state and attorney-general shall be determined by the memlers of both houses of the general assembly in joint session, who shall have exclusive 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.

SEC. 6. 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. . 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. S. He 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. A 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 authority of the State of Arkansas, sealed with the great seal of the state. signed by the governor and attested by the secretary 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 the 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.

SEC. 13. If, during the vacancy of the office of governor, the president of the senate shall be impeached, removed from office, refuse to qualify, resign, die or be absent from the state, the speaker of the house of representatives shall, in like manner, administer the government.

SEC. 14. Whenever the office of governor shall have become vacant by death, resignation. removal from office or otherwise, provided such vacancy shall not happen within twelve months next before the expiration of the term of office for which the late governor shall have been elected, the president of the senate or speaker of the house of representatives, as the case may be, exercising the powers of governor for the time being, shall immediately cause an election to be held to fill such vacancy, giving by proclamation sixty days' previous notice thereof, which election shall be governed by the same rules prescribed for general elections of governor as far as applicable; the returns shall be made to the secretary of state, and the acting governor, secretary of state and attorney-general shall constitute a board of canvassers, a majority of whom shall compare said returns and declare who is elected; and if there be a contested election, it shall be decided as may be provided by law.

SEC. 15. Every bill which shall have passed both houses of the general assembly shall be presented to the governor; if he approve it, he shall sign it: but if he shall not approve it, he shall return it, with his objections, to the house in which it originated, which house shall enter the 'objections at large upon their journal, and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which, likewise, it shall be reconsidered; and, if approved by a majority of the whole number elected to that house it shall be a law; but in such cases the votes of both houses shall be determined by "yeas and nays." and the names of the members voting for or against the bill shall be entered on the journals. If any bill shall not be returned by the governor within five days. Sunday excepted. after it shall have been presented to him, the same shall be 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 become a law, unless he shall file the same, with his objections, in the office of the secretary of state and give notice thereof by public proclamation within twenty days after such adjournment.

SEC. 16. Every order or resolution in which the concurrence of both houses of the general assembly may be necessary, except on questions of adjournment, shall be presented to the governor, and, before it shall take effect, he approved by him; or, being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.

SEC. 17. The governor shall have power to disapprove any item or items of any bill making appropriation of money. embracing distinct items; and the part or parts of the bill approved shall be the law, and the item or items of appropriations disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the exeutive veto.

SEC. 18. In all criminal and penal cases, except in those of treason and impeachment. the governor shall have power to grant reprieves, commutations of sentence and pardons after conviction; and to remit fines and forfeitures under such rules and regulations as shall be prescribed by law. In cases of treason he shall have power. by and with the advice and consent of the sen

ate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the adjournment of the next regular session of the general assembly. He shall communicate to the general assembly at every regaler session each case of reprieve, commutation or pardon, with his reasons therefor, stating the name and crime of the convict, the sentence, its date and the date of the commutation, pardon or reprieve.

SEC. 19. The governor may. by proclamation, on extraordinary occasions, rene the general assembly at the seat of government, or at a different place, if that shall have become since their last adjournment dangerous from an emy or contagious disease; and he shall specify in his proclamation the pure for which they are convened, and no other business than that set forth herein shall be transacted until the same shall have been disposed of, after which they may, by a vote of two-thirds of all the members elected to both Jouses, entered upon their journals, remain in session not exceeding fifteen days.

SEC. 20. In cases of disagreement between the two houses of the general assembly, at a regular or special session, with respect to the time of adjournent, the governor may, if the facts be certified to him by the presiding offiers of the two houses, adjourn them to a time not beyond the day for the next meeting, and, on account of danger from an enemy or disease, to such ther place of safety as he may think proper.

SEC. 21. The secretary of state shall keep a full and accurate record of ail the official acts and proceedinks of the governor, and, when required, lay the same, with all papers, minutes and vouchers relating thereto, before either ranch of the general assembly. He shall also discharge the duties of superintendent of public instruction, until otherwise provided by law.

SEC. 22. The treasurer of state, secretary of state, auditor of state and ttorney-general shall perform such duties as may be prescribed by law; they shall not hold any other office or commission, civil or military, in this state or under any state, or the United States, or any other power, at one and the same time; and, in case of vacancy occurring in any of said offices, by death, resignation or otherwise, the governor shall fill said office by appointment for the unexpired term.

SEC. 23. When any office from any cause may become vacant, and no mode is provided by the constitution and laws for filling such vacancy. the overnor shall have the power to fill the same by granting a commission, which shall expire when the person elected to fill said office, at the next general election, shall be duly qualified.

ARTICLE VII.

JUDICIAL DEPARTMENT.

SU

SECTION 1. The judicial power of the state shall be vested in one [reme court; in circuit courts; in county and probate courts, and in justices of the peace. The general assembly may also vest such jurisdiction as may he deemed necessary in municipal corporation courts, courts of common pleas, where established, and, when deemed expedient, may establish separate courts of chancery.

SEC. 2. The supreme court shall be composed of three judges, one of whom shall be styled chief justice, and elected as such; any two of whom shall constitute a quorum, and the concurrence of two judges shall, in every case, be necessary to a decision.

SEC. 3. When the population of the state shall amount to one million, the general assembly may, if deemed necessary, increase the number of judges of the supreme court to five: and, on such increase, a majority of judges shall he necessary to make a quorum or a decision,5

SEC. 4. The supreme court, except in cases otherwise provided by this constitution, shall have appellate jurisdiction only, which shall be coextensive with the state, under such restrictions as may from time to time be prescribed by law. It shall have a general superintending control over all inferior courts The number of judges was increased to five by an act of Feb. 20, 1889.

of law and equity; and, in aid of its appellate and supervisory jurisdiction, it shall have power to issue writs of errors and supersedeas, certiorari, habeas corpus, prohibition, mandamus and quo warranto, and other remedial writs, and to hear and determine the same. Its judges shall be conservators of the peace throughout the state, and shall severally have power to issue any of the aforesaid writs.

SEC. 5. In the exercise of original jurisdiction the supreme court shall have power to issue writs of quo warranto to the circuit judges and chancellors when created, and to officers of political corporations when the question involved is the legal existence of such corporations.

SEC. 6. A judge of the supreme court shall be at least thirty years of age, of good moral character, and learned in the law; a citizen of the United States and two years a resident of the state, and who has been a practicing lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall be equal to eight years. The judges of the supreme court shall be elected by the qualified electors of the state and shall hold their offices during the term of eight years from the date of their commissions; but at the first meeting of the court after the first election under this constitution the judges shall by lot divide themselves into three classes, one of which shall hold his office for four, one for six and the other for eight years, after which each judge shall be elected for a full term of eight years. A record shall be made in the court of this classification.

SEC. 7. The supreme court shall appoint its clerk and reporter, who shall hold their offices for six years, subject to removal for good cause.

SEC. 8. The terms of the supreme court shall be held at the seat of government at the times that now are, or may be, provided by law.

SEC. 9. In case all or any of the judges of the supreme court shall be disqualified from presiding in any cause or causes, the court or the disqualified judge shall certify the same to the governor, who shall immediately commission the requisite number of men learned in the law to sit in the trial and determination of such causes.

SEC. 10. The supreme judges shall at stated times receive a compensation for their services to be ascertained by law, which shall not be, after the adjournment of the next general assembly, diminished during the time for which they shall have been elected. They shall not be allowed any fees or perquisites of office, nor hold any other office, nor hold any office of trust or profit under the state or the United States.

SEC. 11. The circuit court shall have jurisdiction in all civil and criminal cases, the exclusive jurisdiction of which may not be vested in some other court provided for by this constitution.

SEC. 12. The circuit court shall hold their terms in each county at such times and places as are, or may be, prescribed by law.

SEC. 13. The state shall be divided into convenient circuits, each circuit to be made up of contiguous counties, for each of which circuits a judge shall be elected, who, during his continuance in office, shall reside in and be a conservator of the peace within the circuit for which he shall have been elected. SEC. 14. The circuit courts shall exercise a superintending control and appellate jurisdiction over county, probate, court of common pleas and corporation courts and justices of the peace, and shall have power to issue. hear and determine all the necessary writs to carry into effect their general and specific powers, any of which writs may be issued upon order of the judge of the appropriate court in vacation.

SEC. 15. Until the general assembly shall deem it expedient to establish courts of chancery the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.

SEC. 16. A judge of the circuit court shall be a citizen of the United States, at least twenty-eight years of age, of good moral character, learned in the law, two years a resident of the state, and shall have practiced law six

years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall be equal to six years.

SEC. 17. The judges of the circuit courts shall be elected by the qualified electors of the several circuits, and shall hold their offices for the term of four years.

SEC. 18. The judges of the circuit courts shall at stated times receive à compensation for their services, to be ascertained by law, which shall not, after the adjournment of the first session of the general assembly, be dimin ished during the time for which they are elected. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this state or the United States.

SEC. 19. The clerks of the circuit court shall be elected by the qualified electors of the several counties, for the term of two years, and shall be exofficio clerks of the county and probate courts and recorder; provided, that in any county having a population exceeding fifteen thousand inhabitants, as shown by the last federal census, there shall be elected a county clerk, in like manner as clerk of the circuit court, who shall be ex-officio clerk of the probate court of said county.

SEC. 20. No judge or justice shall preside in the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by consanguinity, or affinity, within such degree as may be prescribed by law; or in which he may have been of counsel or have presided in any inferior court.

SEC. 21. Whenever the office of judge of the circuit court of any county is vacant at the commencement of a term of such court, or the judge of said court shall fail to attend, the regular practicing attorneys in attendance on said court may meet at 10 o'clock a. m, on the second day of the term, and elect á judge to preside at such court, or until the regular judge shall appear; and if the judge of said court shall become sick or die or unable to continue to hold such court after its term shall have commenced, or shall from any cause be disqualified from presiding at the trial of any cause then pending therein, then the regular practicing attorneys in attendance on said court may in like manner, on notice from the judge or clerk of said court, elect a judge to preside at such court or to try said causes, and the attorney so elected shall have the same power and authority in said court as the regular judge would have had if present and presiding; but this authority shall cease at the close of the term at which the election shall be made. The proceeding shall be entered at large apon the record. The special judge shall be learned in the law and a resident of the state.

SEC. 22. The judges of the circuit court may temporarily exchange cir euits or hold courts for each other under such regulations as may be pre scribed by law.

SEC. 23. Judges shall not charge juries with regard to matters of fact, but shall declare the law, and in jury trials shall reduce their charge or instructions to writing on the request of either party.

SEC. 24. The qualified electors of each circuit shall elect a prosecuting attorney, who shall hold his office for the term of two years, and he shall be a citizen of the United States, learned in the law, and a resident of the circuit for which he may be elected.

SEC. 25. The judges of the supreme, circuit or chancery courts shall not, during their continuance in office, practice law or appear as counsel in any court, state or federal, within this state.

SEC. 26. The general assembly shall have power to regulate by law the punishment of contempt not committed in the presence of hearing of the courts, or in disobedience of process.

SEC. 27. The circuit court shall have jurisdiction upon information, pre sentment or indictment to remove any county or township officer from office for incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance or nonfeasance in office.

SEC. 28. The county courts shall have exclusive original jurisdiction