Bence of alternates. by the remaining
members of the delegation. Vacancies
In the, Central Committee shall be filled
by the committee.
Sec. 9. The judges and clerks of the
election shall make a duplicate reg
ister or the names of each and all the
electors in the order in which they
present their ballots, placing opposite
each name its number in the manner
prescribed in Sections 2811 to 2816. in
clusive, of Kirby's Digest. The voting
precincts shall be designated by the
Election Commissioners appointed for
the last general election, but ihe
County Central Committee may, when
the vote To be cast in the precinct
shall exceed one hundred (100) votes,
designate one or more additional boxes
for said precinct, and judges and
clerks shall be appointed for each box
lit said precinct.
The judges and clerks shall begin
the counting of the ballots immediate
ly upon the close of the polls, and con
tinue the same to completion: provid
ed, If any of said judges or clerks
shall become sick or be incapacitated
from any other cause, the remaining
Judges or clerks shall make and con
tinue said count until the same is
completed.
Each ballot shall he signed by the
voter at the bottom thereof at a place
which vrhall be provided for his signa
ture; and if the voter is unable to
subscribe his»name, the same shall he
signed bv one of the judges and at
tested by all of said judges.
At the closing of the polls, the dupli
cate Register of voters shall he signed
bv the judges and attested by the
clerks. One of said registers of voters,
the returns, poll books and ballot's
shall be delivered by them to the
Chairman or secretary of the County
Central Committee, or the person or
committee designated by the County
Central Committee at the meeting
held for the selection of judges to re
ceive said returns, as soon as possible
after the count is completed, and the
other register of voters, together with
one of the certificates required under
Pectlon 10 of this act shall he filed by
them at the time they deliver the re
turns to the Countv Central Commit
tee. in the office of the county clerk of
the county, and where there is more
than one court district in the county,
then in the countv clerk’s office of the
district where the County Central
Committee holds its meetings.
Sec. 10 The county clerk shall fur
nish the judges and clerks of election
with blank certificates upon which to
certify the vote cast for each candi
date voted upon, and the Judges and
clerks, when they complete the count,
shall make out such certificates in
triplicate, signed by the judges and
attested by the clerks, and Immediate
ly post one copy thereof in a conspic
uous place at the voting precinct,
which shall remain so posted for 10
successive days thereafter, deliver one
copy to the county clerk, who shall
file the same, and return the other
copy with the ballots end one copy of
the poll hooks and register of voters
to the County Central Committee. The
expense of preparing said certificates
and filing same shall he borne from
the general revenue of the countv.
Rec. 11 The County fVntrul Com
mittee shall ronv^n^ at noon of the
Friday following the primary on Tues
day. and the returns one of the Data
of voters and the ballots of eaeh vot
ing precinct are required to he de
livered to said committee ns hereto
fore provided on or before said time.
Tf the returns and ballots of anv
precinct are not then delivered, the
committee shall send anv peace officer
for the returns and ballots, and the
peace officer so selected Is authorised
to take the same, forcibly if necessary,
from anyone In whose possession they
mav he. find immediate!*' brine: the
same to said committee. Tf all returns
and ballots are not before the commit- j
tee by Friday noon, it mav adjourn un
til it receives them, not later than Sat
urday noon. The committee shall can
vass the returns and when demanded
examine the ballots: mav hear testi
mony, If offered, of fraudulent prac
tices and lllesra! votes, and mav cast
out lllea’ftl votes, fraudulent returns,
end find the true and lejral vote cast
for each candidate, and shall certify
the result not later than Monday fol
low Inc: the primary.
Raid committee shall certify the
nomination of all countv and township
officers, and shall further certify the
vote of all candidates for circuit and
district offices to the Circuit and Fis
tHct Committees ffnclud'nir coneres
slopal districts!, and shall certify- the
vote for candidates for TTe1t#»d States
Reflate and for all «t«te offices to the
Rt«*e Central Committee,
The State Central Committee and
F*strict and Circuit Committees, or
ofher committees or eonventions as sre
or mav he authorized by law. shall re
eofye the returns from Countv Central
Committees and canvass and certify
the result thereof as now provided hv
law. and «sid committees or their of
ficers. shall, when ordered hv a Circuit
Court as hereinafter provided, annul
the certlflcatIons made and make cer
tifications In accordance with the
Judgment of the Circuit Court
The Countv Central Committee Im
mediately upon bavins: canvassed the
returns and where demanded examined
♦ ha ballots, and upon having: certified
the results of the primary as herein
reouired. shall, ard it Is hereby made
ohllrntorv' upon it and Its chairman
and secretary, to file In the office of
the countv clerk of said county, and
in the district of said countv where
there Is more than one district where
the meetings of t^e Central Commit
t*e are held, all returns, all poll
book s, on'i all ballots, too-ether with
all the poll tax receipts, all certificates
pavmcnt of noli faxes, affidavits and
otv»er documents received from the
1udp-es of election to he preserved hv
paid countv clerk, for the period of s 1x
months, subject to the orders of anv
court of competent jurisdiction, or If
a contest is nendlnir. until «nid contest
1« determined, and the failure of the
countv clerk to so preserve the said
returns, poll hooks, ballots and docu
ments accompanvlnfr same, shall he a
misdemeanor and punished hv fine and
Imprisonment as Is provided for other
mi ^demeo nors under this act.
The Countv Central Committee phnlf
deliver the ballots to the county clerk
|n the ballot hovls of the respective
voting: precincts locked and sealed, and
shall take the receipt of the clerk
therefor, and the clerk shall not un
lnoV said ha Hot boxes or break the
peal thereof except upon order and di
rection of the court havlnc* lurisdle
tfon nvor contests as provided In this
act and he shall keen said hallot hnxe*
1n a vault. If there Is a vault of suffi
cient capacity in the court bouse: otb
e*-”1s*> In a room under his control,
under look and key. At the end of
six months. If no contest Is pending:
involving the Inspection of said bal
lots. the county clerk shall. In the
presence of the chairman and secre
tary of the County Central Commit
tee. or a committee of not less than
three persons appointed hv the Coufi-%.
tv Central Committee for that purpose,
onep said ballot boxes, and without ex
a»v*lnincr the ballots burn the same, and
take from the chairman and secretary
of the County Central Committee, or
the witnesses desicnafed by the Coun
tv Central Committee. a certificate
showinar the facts in connection with
the burning: of the ballots, and file the
same as a permanent record In his of
fice; and be shall thereupon return to
the County Central Committee the bal
lot boxes.
Roc. IS. A rlsrbt of action Is hereby
conferred on any candidate to conlest
the certification of nomination or the
certification of vote as made by the
County Central Committee.
The action shall be hromrht In the
Circuit Court. If for the office of rep
resentative or a county or towns*''o
office, in the Circuit Court of the cm
tv; and If for a circuit or district of
fice. within any county In the circuit
or district wherein anv of the wrong
ful actH occurred: and if for United
States senator or state office, In the
Pulaski Circuit Court.
The complaint shall he supported bv
the affidavits of at least 10 reputable
citizens, and shell he filed within 10
days of the certification complained of,
itC the complaint Is against the eertlfl
••atlon In one county, ant within 20
aayi* if against the certification In
nior«» ;han one county. The complaint
Phan be answered within 10 days.
if the complaint is sufficiently defi
nite to make a prlma facie case, tl>e
JudKre shall, unless the Circuit Court in
which it is filed is in session or is to
convene within 30 days, call a special
term, which shall possess the powers
°f a court convened in regular term,
and shall proceed at once to hear the
case. If the case comes in regular
term it shall be given precedence and
he speedily determined. The judge
may adjourn other courts in order to
hoar such cases, and may call another
judge in exchange to sit in other
courts, or vacate the bench in other
courts ami cause a special judge to be
elected to hold the same; and the ses
| sion of the special term to hear such
| cases shall not interfere with the va
lidity of other courts proceeding at
the same time in said circuit.
The cause shall be tried by the efr
Cult judge in open court, without a
Jury; an appeal may be taken from
the judgment, provided, however, that
the appeal shall not operate as a su
persfod^Hs. hv judicial order or other
wise, and * he judgment of the Circuit
f^ourt shall, until reversed, he obeyed
by political committees and their of
ficers and all election officers; further
provided. It shall he the duty of the
Supreme Court to advance the hearing
of any such appeal.
The Circuit Court., or, wrhen neces
sary. the circuit judge, in vacation,
shall, by mandamus to the officers of
political parties and election of offi
cers. or both, or the secretary of state,
enforce the proper certification and
proper ballot in accordance w'ith the
Judgment of the court, and shall pun
ish the failure of any such officers to
obey the mandamus by imprisonment
In the countv Jail.
Sec. 13. Should 10 reputable citi
zens of any county file a complaint
with the circuit judge within 20 da* s
after a primary election, alleging that
illegal or fraudulent votes were cast,
or fraudulent returns or certification
made, or the corrupt practices act vio
lated. the circuit judge shall, If In his
•pinion there Is good grountl to be
lieve the charges to be true, convene a
special term at once, unless the reg
ular term is in session or will con
vene within 30 days. Tf the charges
come in a regular term, the judge
shall specially charge the Orynd Jury
as to them. Should a special term be
called, it shall in all respects •e as If
convened by law. and the circuit judge
shall cause to he summoned grand and
petit jurors, either on lists selected by
the Jury commissioners or by the sher
iff. or hv disinterested persons select
ed by him for that purpose, according
to his opinion as to the best method
to select unbiased Jurors. Should ln
Jlctments be returned, either at a spe
cial or regular term, for violating the
prlmary election laxVs, the defendants
'hall be given speedy trial at said
term tand the court may adjourn terms
of other courts in order that thev may
he tried), unless for good cause shown
or In the interests of justice a contin
uance or change of venue he granted.
Vo change of venue shall be granted
in such cases except after a bearing
and a finding by the court that the de
fendant can not obtain a fnlr and Im
partial trial in the district of the
county where said indictment Is pend
ing.
Sec. 14 flhould It be proved to thp
satisfaction of the trial judge. In a
case Instituted under Section 12. or a
prosecution as contemplated by Section
13. that a successful candidate has
been guilty of violating any provision
of the corrupt practices act. or any
other violation of the laws regulating
primary elections, the Circuit Court
•hall enter such finding as a fiart of
the judgment, irrespective of the de
termination of the Issues In the suit
instituted under Section 12. or the ver
dict of the iury in a criminal prosecu
tion: and tho judgment to that effect
shall operate to deprive the candidate
of the nomination and right to have
his name on the ballot, and the va
cancy shall he filled by a special pri
mary or otherwise, as may he deter
mined hv $h»* party organization.
Sec*. 15 Should a'proceeding under
flection 12. or n criminal prosecution
under Section 13. be not determined ,
finally until after the*<e1ectlon, and the
defendant In such proceeding Is elect
ed to the office as the nominee of the
party, and it Is determined that he
was not entitled to the nomination, or
the Judgment contains a finding that
he violated the laws, as provided In
Section 14. them such judgment shall
operate as an ouster from office, and
the vacancy In it shall he filled as
provided by law for filling vacancies In
«*uch office In case of death or resigna
tion.
Sec. lfi. No person shall he allowed
to vote at any primary election held
under the lawa of this state who shall
not exhibit a poll tax receipt, or other
evidence that he has oaid bis poll tax
within the time prescribed by law to
entitle him to vote at the succeeding
general state election. Such other ev
idence shall he:
(ai A cony of such receipt duly cer
tified by the clerk of the County Court
of the county where such tax was
paid
(b) Or. such person’s name shall ap
nea r upon the list, required to be rer
ttfled to the iudges of election by Sec
tion three (3) of Act 320 of the Acts
of 1900.
Or. if ^ny person offering to vote
shall have attained the age of 21 years
since the time of assessing taxes next
preceding such election, which period
of assessment Is here declared to mean
between the second Monday in May
-od the second Monday in September
of each year, and possesses the other
necessary qualifications, and ^hnll sub
mit evidence by written affidavit, sat
isfactory to the judges of election, es
tablishing that fact, he shall be per
mitted to vote.
All such original and certified conies
of poll tax receipts and written affida
vits shall he filed with the judges of
•'lection and returned by them with
‘heir other returns of election, anil the
-aid judges of election shall. In addi
tion io their regular list of voters
make an additional list upon tlieir poll
books of all such persons permitted by
‘hem to vote, whose names do not an
oear on the certified list of poll tax
navers. and such poll hooks have n
separate page for the purpose of re
,'o*’dinv names of such persons.
Tt shall he the duty of each elector,
at the time of navment of his poll tax
to state, and It shall he the dntv of
the collector to record and certify In
his receipt evidencing the payment of
'iich noli tax. the color, residence,
postoffice address (rural route, town or
street address), voting precinct, and
chool district of such person at the !
time of the payment of such tax. and j
all poll* tax receipts not containing j
such requirements shall he void and
shall not he recognized by the judges
of election: provided, however, it shall
not he necessary to state or have cer
tified the street address of any such
person in cities and towns where the
numbering of houses is not required
bv the ordinances thereof.
The certified lists required by flec
tion 3 of Act 320 of the Acts of 1909
shall cartitaln. In addition to the name
of the person paying such poll tax. his
color. residence. postoffice address
(rural route, town or street address
where by ordinance the numbering of
houses Is required), the school district
and voting precinct, and such list shall
be arranged In alphabetical order, ac
cording to the respective voting pre
cincts. The county election commis
sioners shall supplv the judges of pri
mary elections with printed copies of
such lists.
For each error rendering void the
poll tax receipt. In the transcribing,
ertiflcatlon or printing of the names,
color, residence, postoffice address
school district or voting precinct of
*tirh persons, the* collector, clerk or
printer making the same shall he as
sessed the sum of one dollar ($1.00),
which sum or sums shall he deducted
from any sums due such officer or
printer from the county when settle
mvnts are made with such ofilor»» or
printer, and the enforcement hereof Is
made mandatory upon the County
Court.
%
The auditor of state shall have the
poll tax receipts required by law to be
furnished by him to the collectors so
printed as to conform to the require
ments of this art.
In any contest arising upon .any
election held under this act, it shall be
a ground of rejection of any ballot
east by an elector, whose name (a)
does not appear upon the certified list
of poll tax payers: or (b) who has
not filed with the judges of election
his original or certified ropy of poll
tax receipt, or written affidavit of the
attainment of his majority: or (c) if
such original or certified copy of such
ooll tax receipt or written affidavit has
not been returned by the Judges of
election: or (d> the name of such per
son listed separately and certified as
required hy this act.
See. 17. That all law's or rules of
political organizations holding primary
'lections providing for contest before
oolitieal conventions or committees
ither than the proceedings herein
provided shall he of no further force
or effect.
Sec. 18. That this act shall govern, so
far a? applicable, primaries In cities,
towns and townships when primaries
are held for the nomination of city,
town or township officers.
See. IP. That the primary election
shall be conducted in conformity with
this act, and the general election law's
of the state, and they shall he to all
intents and purposes legal elections.
Penalties for violations of the same
<hall he as herein provided and not as
provided for violations of the general
election laws. This act does not re
peal Section 2SP7 of Kirby’s "Digest or
Sections 1, 3, 5, 6. 7, 8 and 10 of Act
166 of 1 POP.
Sec. 20. That all violations of this
net shall he misdemeanors and shall he
punished by fine of not less than one
hundred dollars ($100 001 nor more
than five hundred dollars ($560.00),
nnd by imprisonment in the county
Jail for not less than thirty (30) days
nor more than twelve (12) months.
That the following shall he deemed
misdemeanors for the violation of this
act, t o - v! f:
(a) Knowingly ca d a vote when the
voter Is not a qualified elector as pro
vided herein.
(b) Knowingly rereiving of a. vote
when the voter is not a qualified elec
tor as herein provided.
(c) Casting a vote In a primary of a
party to which the voter does not ad
here or affiliate; provided, this does not
apply to anyone in good faith abandon
ing previous political affiliations.
(d) The wrongful and fraudulent cer
tification of any vote or return.
(e) A wrongful or fraudulent sum
mary of the vote posted or filed wdlh
the county clerk.
(f) The destruction, abstraction or
taking away of ballots, lists of voters,
returns or certificates or the making
of false certificates.
(g) The failure of the judges and
clerks to make or deliver the lists and
certificates herein required of them.
(h) The willful tearing down or de
struction of the summary of votes
posted at the eleetion precinct by the
Judges and clerk*.
(1) Giving or receiving money or
anything of value to Influence a vote.
(j) The willful violation of any other
provision of this act.
See 21. That should any elector flic
complaint again, t the county clerk al
leging that he had failed to comply
with the duties herein- required of him.
said complaint shall be summarily
tried by the circuit judge, and should
he find that said clerk had wrongfully
failed to comply with the duties here
in required of him. he shall at once be
removed from office.
Sec. 22. That all law's and parts of
law's in conflict herewith he, and the
same are hereby repealed.
The above proposed Act was filed in
♦ he office of the Secretary of State on
Tune 26, 19t6.
TCach elector may vote for or against
the above proposed Act.
Witness my official signature this
25th dav of Julv. 1016.
[Seal] EART.E W. HODGES,
Secretary of State.
(Local Option)
ACT No. 2
PROPOSED BV imtiativf, pe
TITION.
Notice is hereby given that the fol
lowing Act, proposed by initiative pe
tition, was filed in my office as reauired
by law. and that the same will be
submitted to the qualified electors of
the State of Arkansas at the next gen
eral election, to be held on Tuesday,
November 7, 1016. for adoption or re
jection.
FOR ACT NO. 2.
AGAINST AC T NO. 2.
"An Act to provide for local option and
to correct the evils arising: from the
liquor traffic: to authorize the peo
ple of any county in the State of Ar
kansas to determine whether liquor
shall be >old in said county, to pro
vide for tcalling: and holding of
elections for same, to regulate the
Issuance of license for the sale and
manufacture of liquors, to Increase
the public revenues of the State, to
prescribe penalties, to repeal all laws
and parts of law's in conflict w’ith
this Act. and for further purposes.”
Be It Enacted by the People of the
Stat^ of Arkansas:
Section 1. That hereafter the sale
of alcoholic, vinous, malt, .spiritous or
fermented liquors, or of any compound
or preparation thereof, commonly' call
ed tonics, bitters or medicated liquors,
is hereby made lawful in the State of
Arkansas, subject to the restrictions
and regulations hereinafter mentioned
Sec. 2. Whenever a petition is sign
ed by not less than ten per cent of the
ilia lifted electors of anjK'county in this
^tate, calling for an Election in such
county for the purpose of determining
whether it Is the d*«ire of the people
of said county that license shall be is
sued for the sale of alcoholic, vinous,
malt, spiritous or fermented liquors, or
any compound or preparation thereof,
commonlv called tonics, bitters or med
icated liquors, and when such petition
is filed with the ConnTv Clerk of the
county, the Countv Judge of said coun
ty shall, within ten davs. make and
causa to he published an order calling
an election, at which election the ques
tion of “TTnr Tjicen^e” and “Against TJ
cense” shall be submitted to the qual
ified electors of said countv for their
approval or refection, provided that
said petition shall be accompanied by
a bond to be approved bv the Countv
Court, in the sum of one thousand
($1,000,001 Dollars, to secure the cost
Incurred in the holding of such elec
tion. and the coat shnll ne fixed by the
amounts now allowed hv law for sim
ilar service Ip holding n general elec
tion In this State for the election of
cjfpte officers.
Sec 2 The election so called shall
he hold not less than th»r»v r*n> davs
nor more than sir tv davs after
the date of the order casing same, and
shall he held under the direetfon of the
Countv Board r,f Election Commission
ers for the said countv in the man
ner provided hv law for t^c holding of
general elections in the State for the
election of State officers insofar as
the same may he applicable The
Countv Board of election Commission
ers shall, within five CD davs after the
election, certify the result of «■ *id elec
tion to the Courtv Clerk, who shall,
without dclav, c*,use the same to be
recorded in his office and published
St'c. 4 If a maJo»«tv voting in said
election have vote*’ ‘For license.” the
County Judge of aid countv shall then
Issue a license for the sale of nnv
alcoholic, vinous, mnlt enirltous o*
fermented Honors, or of an** compound
or preparation thereof rnnimonh’ call
ed tonic*. bitters or ruedfc«‘ed Honors
withfn the limits o f ecfd counrv. and
subject to the re*-t» i« tJnns and rcrnla
tlons hereinafter mentioned: and the
Btli of such alcoholic, vinous, mall.
spirltous or fermented liquors, or any
compound or preparations thereof
commonly called tonics, bitters or me»j
icated liquors, under the authority of
such licenses shall be lawful.
Sec. 5. No licenses shall be issued
except to a citizen of this State who
is over the age of twenty-one (21)
'•ears and of good moral character.
In the evAnt there are more applica
lons filed fo? license than may he is
■u#*d according: to the provisions of
his act, the County Judge shall Issue
license to the person or persons most
suitable as to moral character and
ability to properly conduct the busi
ness.
No license shall be issued for the
sale of liquor except in a city or an
incorporated town.
No license shall be Issued in any city
nr town of less than five hundred (BOO)
population nor more than one (11 li
renso.for each thousand population or
fraction thereof In either cities or
towns. In determining the maximum
number of licenses to he granted, any
official census taken within the year
next prec» fling that for which licenses
are issued may he m <*d as a basis of
(population. If no such official census
i has been taken, the Int• • esrrmates of
j the United States Census Rureau shall
, be used as a basis.
No license shall authorize the ale of
liquor on Sunday, or days on which any
State, county or municipal election is
I being held, and no licenses issued shall
authorize the sale of any liquor be
fore 5 o’clock a. m. and after 10 p. m.
i on any day.
licenses shall not he granted to any
applicant who Is in any way interest
ed in the business conducted at any
other place where intoxicating liquors
are sold or kept for sale as a bever
age, nor shall such license he granted
unless the applicant or applicants are
the only persons in any way pecuniar
ily interested in the business for which
the license is sought, and no other
person shall he in any way interested
therein during the continuance of iho
license. rf such interest of such per
son shall appear, the license shall be
deemed revoked.
No person holding a license shall he
authorized to sell any liquor to a mi
nor or habitual drunkard, nor shall
any minor or habitual drunkard he em
ployed to work in any business con
ducted and authorized by any licenses
so Issued.
When the applicant for any license
is a firm, partnership, corporation or
association, such firm, partnership,
corporation or association shall, when
making application for license, desig
nate as manager some person possess
ing the qualifications required in Par
agraph one (1) of Section five (5) of
this act; and no person shall after
wards he made manager who does not
possess like qualifications.
Sec. 6. Refore any license shall be
issued, tlie person applying therefor
shall file his application with the
County Cb*rk stating the exact loca
tion or place of business where he
proposes to sell such liquor, and agree
ing to comply with all the conditions,
restrictions and regulations provided
for in this act; said application shall
he duly sworn to. and accompanied by
a bond for his faithful compliance with
same. The said bond shall he in the
sum of two thousand ($2,000.00) dol
lars. payable to (he State of Arkansas,
for the use and benefit of the general
revenue fund, and shall he signed by
the applicant and two other responsi
ble citizens, to he approved by the
County Judge, or by the applicant and
any bonding company authorized to do
business in this State.
Sec. 7. License shall bn of two
kinds, to-wit: Retail license and
wholesale license. Retail license shall
he issued for the sale of liquor in a
, dram shop or saloon, and -shall entitle
! the holder thereof, his agent and em
ployes, to sell liquor in said dram shop
or saloon in any quantity. Wholesale
license shall be issued for the sale of
liquor in original packages containing
not less than one quart, and not to be
unsealed upon the premises.
Sec. 5?. Before any retail license
shall be issued under the provisions of
this act. there shall he paid to the
Collector of the county wherein such
license Is procured the sum of five
hundred ($500 00) dollars as a county
tax. and the sum of two hundred and
fifty ($250.00) as a State tax for the
general revenue fund, and two hundred
and fifty ($250.00) dolllars for the com
mon school fund, and 2 per cent upon
the amount paid as Collector’s foe nnd
two <$2 001 dollars for each license for
Clerk's fee. Before any wholesale li
cense shall be issued under the pro
vision of this act there shall likewise
be paid to the Collector of the county I
wherein such licen <e procured four I
hundred ($100.00) dollars as a county 1
tax and one hundred and fifty ($150 00) ]
dollars as a State tax. for the general 1
revenue fund, and one hundred and
fifty ($150.00) dollars for the common ;
school fund, and 2 per cent upon the I
amount paid as Collector’s fee, and |
two ($2.00) dollars for each license for |
Clerk’s fee.
Sec. 0. The fees and taxes mentioned
in Section 8 shall authorize the sale
of liquor thereunder for a period of
one year from the date of the issuance *
of said license, or until the authority
to sell has been rejected by vote of
the people as provided for in this Act:
and no other tax or fee shall he ini- !
posed, provided any city or incorpo
rated town, wherein such license is
procured, may impose a tax nnd fee
not exceeding the combined amount of
State and county taxes and fees.
Sec. 10. When the Issuance of ]1- j
ccnsc hqs once been authorized in the
countv as provided^ for in this net. the
question shall not again he voted on
within a period of less than two (2)
vears from the date of the last preced- j
ing election on said question.
Sec. 11. Any person who grows
fruit, grapes or berries in this State
may make wine or brandy thereof and !
sell the same without license, and such
manufacture nnd sale is hereby made
lawful, provided the same he sold in
original packages containing not less
than five (5) gallops.
Sec. 12. The manufacturer of alco
hol, vinous, ardent, malt or fermented
liquors in any county in this State in
which 1 he issuance of license is au
thorized under the provisions of this !
act shall be lawful, and rnc same may
he sold subject to the foregoing pro- !
visions of this act.
Sec. 18. It shall not he unlawful
to give to any person, except to a in I- i
nor or habitual drunkard, any liquor.
Sec. 14. The neglect, failure or re
fusal by any person or official to per
form any act or duty Imposed hv any !
provision of this act shall constitute !
a felony, and upon conviction thereof
such person or official shall he deem- |
ed guilty of a felony and imprisoned in
the State penitentiary for a period of
one (1) year.
Sec. 15. Any person who shall vio
late any of the provisions of this law
relating to the manufacture, sale or
giving away of any liquor, as defined
In this act, shall be d^ermd guiltv of
a misdemeanor, and upon conviction
for the first offense shall he subject to
a fine of not less than one hundred
($100.00) dollars nor more than
three hundred ($200 00) dollars, or im
prisonment in the county jail for a po
riod of ninety days, or by both such fine
and imprisonment; and for the second
offense sliii.11 he Imprisoned in the
county jail six months, and his license.
If a licensee, shall he immediately re
voked: nnd no person convicted on a j
second offense shall ever thereafter he J
licensed under the provisions of this '
act, nor be thereafter allowed to ou
trage as the agent or employe of any
licensee.
Sec. Id. That the laws of this State
governing the initiation of laws shall
apply and govern the circulating of the
petition for calling an election as pro- I
vided for in this act. In so far ns the i
same may be applicable.
Sec. 17. For the purpose of deter
mining when ten <10) per cent of the
qualified electors of the county have
petitioned for the calling of an elee
Mon, the number of qualified electors
in such county shall he determined by
♦ he numb* » »>f poll tax receipts issued i
by the Sheriff and Collector of said I
counts next preceding the time when j
such petition 1 filed
Bee. IS. The word person, whenever
u occurs in this net. may apply either
to an individual, firm, association or
corporation.
See. 19 The word liquor, whenever
it oCeurs in this act, except in Section
12 of this act, Is intended to include
and embrace alcoholic, vinous, ardent,
malt, splrlious or fermented liquors, or
miy compound or preparation thereof
commonly called tonics, hitter* or
medicated liquors.
Sec. L>0. That Act No. Fifty-nine of
the Acts of the Genera! Assembly of
the Slate of Arkansas of 1913. ap
proved February 17, 1913, and Act No.
Thirty of the Acts of 1915 of said Gen
eral Assembly, approved February 15,
1915, are hereby repealed. That all
other laws and parts of laws in con
llict with the provisions of ibis act are
hereby repealed, and all laws and
parts of laws regulating or relating to
the manufacture or sale of Intoxicat
ing liquor in this Slate, and not In
conflict with some provision of this
act, are cumulative to this act, and
this act shall take effect and he in full
force front and after tts passage.
The above proposed Art was filed
in the ofTlce of the Seorefarv of State
on July «. i9ifi
Rach elector may vote for or against
the above proposed Art.
Witness my official signature this
25th day of July. 191(5.
[Seal] EAm.K W. HGFGRS.
Secretary of State.
(Amendment No. 12)
PROPOSED BY IlflTUTlVB
PETITION.
Notire is hereby given flint the fol
lowing proposed Amendment to the Crtn
Stitutlon of the State of Arkansas pro
posed by Initiative petition was filed ir
mv office as red ill red by law and tha
the same will ba submitted to the quali
fied electors of the State of Arkansas
at the next general election to be held
on Tuesday. November 7th. 191*. for
adoption or rejection
TOR AMENDMENT WO. 13.
AGAINST AMENDMENT NO. IS.
Proposed Amendment No. IS.
An Amendment to the Constitution of
the State of Arkansas, amending Sec
tion 3. Article XIV. no th»t the Gen
eral Assembly may by general law au
thorize school districts to levy by a
vote of the qualified electors of such
district a tax not to exceed twelve
mills on the dollar in any ons year for
school purposes.”
Re it enacted by the people of the State
of Arkansas:
That Section 3, Article XIV, of the
Constitution of the State of Arkansas
be amended so as to read as follows
"Section 3 The General Assembly
shall provide by general laws for the
support of common schools by taxes
which shall never exceed In any one year
three mills on the dollar on the taxa
ble property of the State, and by an
annual per capita tax of one dollar, to
be assessed on every male inhabitant of
this State over the age of twenty-one
years. Provided, the General Assembly
may by general law authorise school dis
tricts to levy by a vote of the qualified
electors of such district a tax not to ex
ceed twelve mills on the dollar In anyone
year for school purposes Provided
further, that no such tax shall be ap
propriated for any other purpose nor to
any other district than that fog which
it was levied.”
The above proposed Amendment was
filed In the office of the Secretary of
State on January 14th. 1915.
Each elector may vote For or
Against the above proposed Amendment.
Witness my official signature this
25th day of July. 1915.
EARLE W HODGES,
(Seal) Secretary of State.
(Amendment No. 13)
p&oposisd by nrmiTrvi
PETITION.
Notice is hereby gfviimhat the*Tollow
ing proposed Amendment to the Consti
tution of tlio State of Arkansas pro
posed by Initiative petition was filed In
mv office as required by law and that
the same will be submitted to the qaiaI
ified electors of the State of Arkansas
at the next general election to be held
on Tuesday, November 7 th. 1916. for
adoption or rejection.
FOB AMENDMENT NO. 13.
AGAINST AMENDMENT NO. IS.
Proposed Amendment No. 13.
Amending Section 1 of Article 5 of the
Constitution of the State of Arkan
sas. and Amendment No. 10 thereto,
defining and enlarging the powers of
the Initiative and Referendum, amd i
for other purposes.
Re It enacted by the people of the State
of Arkansas:
That Section 1 of Article 5 to tne j
Constitution of the State of Arkansas |
and Amendment No. 10 thereto be i
amended so as to read as follows
Section 1. Legislative authority of
this State shall bo vested ill a Legisla
tive Assembly which shall consist or a
Semite and a House of Rervesettatives.
hut the people reserve to themselves flie
power to propose legislative measures
laws, resolutions, and amendmwits to
the Constitution, and to enact or reject
the same at the polls independent of the
Legislative Assembly; and also reserve
the power, at their own option, to ap
prove or reject at t lie polls ai$v set.
item, section, or any part of nnty sec
tion, or measure passed by the Ijeprlsia
tive Assembly.
The first power reserved by the peo
ple is the Initiative, and tl*e number of
legal voters required to initiate any pe
tion shall be ten thousand (10 000 » and
no more. Rut no petition shall be held
Invalid if it should contain a greater
number than required; and every such
petition shall include the full text of
the measure so proposed. Initiative pe
titions shall be filed witl^ the Secretary
of State not less than four months t>e
fore the election at whifeh they are to
be voted upon.
The second power res-arved by tire peo
ple is the Referendum, arid the number
of legal voters required to sign and ma.ke
valid a referendum Petition shall be
seven thousand (7.00(g) and no more, but
no petition shall be held invalid if It
should contain a gurater number than
required. The filing <of a referendum pa
tion against one or more items, sections,
or parts of any measure shall not delay
the remainder from, becoming effective;
but It is not to be enderstood from this
that all of an act may not be referred
Referendum petitions against measures
passed by the legislative Assembly
shall be filed with the Secretary of State
not later than ninety days after
the final adjournnpent of the session of
the Legislative Vfsembly at whirl* such
measures were passed, except when ad
journment shall be take* temporarily
for a longer period than ninety (90)
dnvs. in which «tise such petitions shall
he filed not lat**r than ninety (90) days
after such temn»*rnry adjournment. All
measures refertjr*d to a vote of the peo
ple by referendum shall ram a in in abey-|
a nee until stick vote is takvn
If it shall l*1 necessary for the pre
servation of the public peav*e. health, or
Safety, that a measure shnill become ef
fective without delay, soch necessity j
shall be stated in one section, and if |
upon a y«a and nay vote three-fourths !
of all the members elector! shall vote
upon sepa’ntr roll call in favor of the
measure going into instant operation,
i-u-'h measure shall beooAie effective
without delnv. It shaR he necessary to
state the facts which conrtitute such
emergency. Provided, however, that an
emergency shall not t*e declared on any
franchise or special privjege or act
resting ally vested right orr Interest or
alienating any property of the State If
a referendum Is filed against any emer
aenecy measure, such megfure shall he
t law until it is voted upoa by the peo
ple and if it is then rejected by a ma
Joritv of the electors vnt**n# thereon it
shall be thereby repaalrtl The provi
sion* of this sub S‘. tfon *!iall also apply
to city council*.
__ __ .i aiausjuL*
The Initiative and Referendum powtn
of the people art htrtbj further reserv
ed to the legal voter a of each municipal
ity and county aa to all local. special
and municipal legislation of every char
arter In ana for their reapactiva munlol
palitiaa and oountiea
Counties. cities and towns may pro
vide for the exercise of the Initiative
and Referendum as to their local legis
lation Petitions shall be filed with tha
county or city clerk Not more than
ten (10) per cent of the legal voters of
any county, city, or town may be re
quired to order the referendum, nor
more than fifteen (16) per cent of the
legal voters of any such county, city or
town, shall be required to propose any
measure by initiative petition
In counties or municipalities the num
ber of signatures required on a petition
shall he computed upon the vote cast for
the office of county Judge or mayor at
the last preceding election.
Every extension, enlargement, pur
chase. grant, or conveyance of a fran
chise. or of any rights property, ease
ment. lease, or occupation of or in any
road, street, alley or park, or any part
thereof in any real property, or Interest
in any real property owned bv a munici
pal corporation, whether the same be by
statute, ordinance. Resolution, or other
wise, shall be subject to referendum and
shall TW»t be subject to emergency legis
lation. The time for filing a referendum
petition against municipal or loyal
measures shall not be fixed at less tuau
thirty days after the passage thereof by
municipal or local legislative bodies
The word "measure." as used herein,
means any law. bill, resolution, ordi
nance. charter, or constitutional amend
ment or any other legislative measure.
Tn the case of laws chiefly of local in
terest. as the creation of new or addi
tional Judges, or other officers or offices,
referendum by petition shall be sub
mitted for approval or rejection to tha
people of the district Interested
All elections on general, local, rfhd
special measures referred to the peopl%
of the State or of any locality shall be
field at the regular general election, ex
cept when the Governor, County Judge
or Mayor shall order a special election.
State, counties, or municipalities may
provide for special elections on local
legislation.
No limitation shall be placed upon
the number of constitutional amend
ments or other measures which may •>«
proposed and submitted to the people by
either Initiative or Referendum peti
tions as provided in this section, nor
Shall this section be construed to con
flict in any particular with Article 19,
Section 22. of the Constitution provid
ing for the submission of constitutional
amendments by the Legislative Assem
bly and their adoption by the people.
This section shall not be construed to
deprive any member of the Legislative
Assembly of the right to Introduce any
measure, but no measure shall be sub
mitted to the people by the Legislative
Assembly except a proposed constitu
tional amendment, or amendment as pro
vided for In Article 19. Section 22 of the
Constitution.
Any measure submitted to the people
by petition as herein provided shall t»*.e
effect and became a law when approved
by a majority of the votes cast there
on and not otherwise, and shall not he
required to receive a majority of the
votes cast for candidates in such elec
tion. Such measure shall be operative
on and after the thirtieth day after the
election at which it is approved.
¥he veto power of the Governor or ttie
Mayor shall not extend to measures in
flated by or referred to the people.
If conflicting measures referred to the
people shall be approved by a majority
of the votes severally cast for and
against the same, the one receiving the
j ilgher number of affirmative votes shall
hereby become a law.
No measure approved hy a vor# or tub
people shall ha amfiulfl or repealed hy
the General Aseembly or sny City
7oundl except by a yea or nay vote upon
roll call of three-fourths of ail the inem
Oers elected: nor shall any »«ch meas
ire be aet aside, in whole or In part, as
lneonstltuttonal except by a unanimous
decision of all the members of the 8u
oreme Court of the State.
Legal voters only .shall he counted
lpon petitions. Petitions may he clrcu
ated and presented in parts, but each
part of anv petition shall have attached
thereto the affidavit of the person cir
culating the same, that all the signa
tures thereon were made fh the pres
ence of the affiant and that to the beet
of the affiant’s knowledge and bePef
each signature Is genuine, and that the
person signing Is a legal voter, and no
other affidavit or verification shall he re
quired to establish 9he genuineness irt
such slgnaturss.
The sufficiency of all Statewide peti
tions shall be decided In the first In
stance hy the Secretary of the State,
ind of municipal and local petitions hy
lie City or County Clerk, subject to re
view hy the Supreme Court of the Rtata
which shall have exclusive and original
lurisdlftlon over all such cases.
If the sufficiency of njiy petition Is
-hallenged the question shall he tried at
once wlhout reference to term, time nr
vacation, and adjudicated without de
lay: hut the failure of the courts to
decide prior to the election, as to 11\®
sufficiency of such petition, shall not
prevent the question from being placed
upon the ballot at the electron named
in such petition, nor militate against
the validity of the measure If it shall
have been approved hy s vote of the pete
pie If the Secretary of State, County
Clerk, or Citv Clerk, shall decide any pe
tlon to he Insufficient he shall, without
delay notify the sponsors of the peti
tion and permit at least thirty days
roin the date of such notification for
correction or amendment In t!» evert
of legal proceedings to prevent giving
legal effect to any petition upon any
grounds the burden of proof shall he
upon the person nr persons attacking
the validity of the petition.
No law ahall be passed requiring a
listrlhutlon of signatures upon petl
tlons In each of the counties or other
political divisions of the State nor to
prohibit any person or persons from giv
ing or receiving compensation foe cir
culating petitions nor to prohibit the
rtreulaton of petitions, nor In any Way
to interfere witli the freedom of the peo
ple In securing petitions, hut laws may
l»e enacted prohibiting and penalising
any fraudulent practice, such as per
iury. forgery, or anv other misdemeanor
in the semiring or filing of petitions
All messures submitted to a vote of
the people hy petition* under the pro
visions of this section shall he publish
ed as Is now or may hereafter he pro
vided by law. . ...... .,
The style of all bills, Initiated bv tha
people and submitted under the Provis
ions of this section "hall »>e Be it
enacted bv the people of the State of
Arkansas’ (muilfcl wtlttv or countv. as
the case may be). In submitting meas
ures to the ponple. the Secretary of
State and all other officials sha 1 he
guided by the general laws until ad
ditional legislation shall be provided
therefor. '
The result of the vote upon any
State measure shall be declared by the
State Board of Election Commission*!*
lor the substitute therefor), and the re
sult of a vole for any city or town meas
ure shall be declared by the City Cen
tral Committee or Town Council (or
any substitute therefog)
This amendment shall be self-exe
cuting but the Legislative Assembly
may enact laws to facilitate its oper
ation, and no legislation shall be en
acted to restrict, hamper or Impair the
exercise of the rights herein reserved
to the people.
All the provisions of this amendment
all he treated as mandatory
That this amendment to the Consti
tution of the Slate he. and the o.-une
shall he In substitution of the Initia
tive and Referendum Amendment, ap
proved February 19, 1909. as the same
appears In the Act* of "Afk-i.nstggAtr
1909. on pages 12-9 and 1240 of 'the
volume containing the same: and that
the said amendment (and the act of
the General Assembly to carry out the
same, approved June 20, 1911, so far^as
tl*e same is In rondht herewith), be
and the same are hereby, repealed.
The above proposed Amendment whs
filed In the office of the Seeretarv of
State on January 22. 1915
Each ele-tor may vote For or
Against the above proposed Vmsndment
\\ 111.ess toy official signature thin
?Mh dav of July. '1910
EAR1.E W If'll u 1 PIS,
Secretary of dial*
(.heal)