cation in one county, and within 20 ;
days If agulnet the certification in
more than one county. The complaint
shall be answered within 10 days^
If the complaint is sufficiently defi
nite to make a prima facie case, the
judge shall, unless the Circuit Court in
which It is filed is in session or Is to
convene within 30 days, call a speciul
term, which shall possess the powers
of a court convened In regular term,
and shall proceed at once to hear the
case. If the case comes in regular
term It shall he given precedence and
be speedily determined. The judge
may adjourn other courts in order to
hear such cases, and may call anothci
judge in* exchange to sit in other
courts, or vacate the bench in other
j courts and eause 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 he tried by the cir
cuit judge in open court, without a
jury; an appeal may he taken from
the' Judgment, provided, however, that
the appeal shall not operate as a su
persedeas, by judicial order or other
1 wise, and the judgment of the (Circuit
Court shall, until reversed, be obeyed
by political committees and their of
ficers and all election officers; further
provided, it shall be the duty of the
Supreme Court to advance the hearing
of any such appeal.
The Circuit Court, or, when neces
sary, the circuit judge. In vacation,
shall, by mandamus to the officers of
political parties and election of offl
j cers, or both, or the secretary of state,
enforce the proper certification and
proper ballot In accordance with the
judgment of the court, and shall pun
ish tin failure of any such officers to
; obey the mandamus by imprisonment
in the county jail.
Sec 13. Should 10 reputable citi
zen s of any count v fib- a complaint
with the circuit judge within 20 days
| after a primary election, alleging that
i illegal or fraudulent v,,tes were cast.
or fraudulent returns or certification
j made, or the corrupt practices act vro
j lated, the circuit judge shall, if in his
j opinion there Is good ground to be
• lieve the charges to be true, convene a
I 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 Orand Jury
ns to them. Should a special term be
railed, it shall in all respects be as If
convened by law, and the circuit judge
shall cause to be summoned grand and
petit jurors, either on lists selected by
the jury commissioners or by the sher
iff, or by disinterested persons select
ed by him for that purpose, according
to his opinion ns to the best method
to select unbiased jurors. Should In
dictments be returned, either at a spe
cial or regular term, for violating the
primary election laws, the defendants
shall lie given sp-edy trial at said
term (and the court may adjourn terms
of other courts in order that they may
be tried), unless for good cause shown
or In the Interests of justire a conttn
uance or ehange of venue be granted.
Vo change of venue shall be granted
In such cases except after a hearing
and a finding by the court that the de
fendant can not obtain a fair and Im
partial trial In Hie district of the
county where said indictment Is pend
tng.
Sec. 14. Should it bp proved to the
Satisfaction of the trial judge, In a
ease 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
s' II enter such finding' as a part of
the judgment. Irrespective of the de
termination of the issues in the suit
Instituted under Section 12, or the ver
dict of the jury in a criminal prosecu
tion: and the 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 be filled by a special pri
mary or otherwise, as may be deter
mined by the party organization.
Sec, IS. Should a proceeding under
Section 12. or a criminal prosecution
under Section 13, he not determined
final!;, until after the election, 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
be violated the laws, as provided In
Section 14, then such Judgment shall
operate as an ouster from office, and
the vacancy in it shall be filled as
provided by law for filling vacancies in
such office in case of death or resigna
tion.
Sec. If.. No person shall be allowed
to vote at any primary election held
under the laws of this state, who shall
not exhibit n poll tax receipt, or other
evidence that he has paid his poll tax
within the time prescribed by law to
. ntitle him to vote at the succeeding
general state election. Such other ev
idence shall he:
(at A copy of such receipt duly cer
tified by the clerk of the County Court
of the county where such tnx was
paid.
fh) Or. such person's name shall ap
pear upon the list required to he cer
tified to the judges of election by Sec
tion three (3) of Act 32fl of the Acts
of 1903.
Or. if any 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 i- here declared to mean
between the second Monday in May
and the second Monday in September
of each year, and possesses the other
necessary qualifications, and shall 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 'iidi original and certified copies
of poll t»x receipts and written affida
vits shall be filed with the judges of
• lection and returned by them with
theii other returns of election, and the
said judges of election shall, in addi
tion to their regrular list of voters,
make an additional 1 i-1 upon do ir poll
hooks of all such persons pe-milted hy
them to vote, who •• name- do not ap
pear on the cet'lflod li t of poll tax
payers, and such noil hook' have a
separate pace for the purnn.se of re
cording Daw s of .*i persons.
It shall he the ile'v of e-. li elector,
at the time of pa1 1 ut of his poll tax.
to i I.-, ami it si' 'I to* the duty of
the collector to record and certify In
His receipt evidencin'.’ the payment of
such noli tax. tl> color, residence,
postofliee address < rural route, town or 1
street a dd i*e 1, vo'i-e. preefnet. and
school district of mb person at the
time of the payment of such tax, and
all poll tax receipts not containing
such requirements shall he void and
shall not he recognized hy the judges
of election: provided, hov.'rvi r, it hall
pot be necessary to state or have cer
tified the street address of any such
person in cities and towns where the
numbering of hou • - i not required
hv die ordinances thereof.
Tin certified lists reenlred hv Sec
tion 1 of \.-t 220 of the Acts of 1 flOfl
shall contain, In addition to the name
of the pci’s’ll paying such noli tax. his
color, residence, postoffiee address
frnial route, town or street address
where by ordinance the numbering of
houses is required), the school district
ml voting precinct, and such li t shall
he aria lined in alphabetical order, ac
cording to the respective voting pre
cincts. The county election commis
sioners shall supply the judges of pri
mal > elections with printed copies of
such lists.
For each error rendering void the
poll tax receipt. In the transcribing,
certification or printing of the names,
color, residence, postoffice address,
school district or voting precinct of
such prisons, the collector, clerk or
printer making the same shall be as
sessed the sum of one dollar (JiOOl
which sum or sums shall be deducted
from any sums due such officer or
printer from the county when settle
ments are made with such office! or
printer, and the enforcement hereof is
made mandatory upon the County
Court.
Th* auditor of state sh II have the
poll tax receipts required hy 'a« to
furnished by him to the collet -
printed as to conform to the requi
ments of this act. _ _nv
In any contest arising: upon any
election held under this act. It shall
a ground of rejection ot «n> 1 .
cast by an elector, whose name '
does not appear upon the certltt*-*
of poll tax payers: or (») who has
not filed with the judges of tlf11"
his original or certified copy of*?
tax receipt, or written affidavit or
attainment of his majority; or <<■>
sm h original or certified copy of su n
vdl tax receipt or written affidtt'‘t 1 •
not been returned by the judges
election; or (d) the name of such pe>
si.»n listed separately and certified a.
required by this art. f
See. IT. That all laws or rules or
political organizations holding P1,"”*
elections providing for contest berore
political conventions or commute*,
other than the proceedings herein
provided shall he of no further fore.
Sec. IS. That this act shall govern, so
far as applicable, primaries in cities,
towns and townships when primaries
are held for the nomination of city,
town or township officers.
Sec. in. That the primary election
shall be conducted in conformity with
this act. and the general election laws
of the stale, and they' shall be to alt
intents and purposes legal elections.
Penalties for violations of the same
shall he as herein provided and not as
provided for violations of the general
election laws. This act does not re
peal Section 2897 of Kirby's Digest or
Sections 1, 3. 5, 6, 7, 8 and 1(1 of Act
165 of 1!>09. , ...
Sec. 20. That all violations of this
act shall he misdemeanors and shall he
punished hy tine of not less than one
hundred dollars *$100.00) nor more
than five hundred dollars ($000.00),
and hy Imprisonment In the county
jail for not less than thirty (30) days
nor more than twelve (12) months.
That the following: shall be deemed
misdemeanors for the violation of this
aet, to-wit:
(a) Knowingly east a vote when the
voter is not a qualified elector as pro
vided herein.
(b) Knowingly receiving of a vote
when the voter is not a qualified elec
tor as herein provided.
(c) Tasting 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.
(el A wrongful or fraudulent sum
mary of the vote posted or filed with
the county rlerk.
(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 ttie lists and
certificates herein required of them.
(h) The willful tearing down or de
struction of the summary of votes
posted at the election precinct hy the
judges and clerks.
(i) Giving or receiving money or
anything of value to influence a vote.
(j) The willful violation of any other
provision of this act.
Sec. 21. That should any elector file
complaint against the county clerk al
leging that he had failed to comply
with the duties herein required of him,
said complaint shall be summarily
tried hy 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 laws and parts of
laws in conflict herewith be. and the
same are hereby repealed.
The above proposed Act was filed in
the office of the Secretary of State on
June 26, 101(1.
Mach elector tnnv vo_je for or against
the ahoy, proposed Act.
Witness my official signature this
251ti dav of Julv, 1016.
[Seal] KAIti.K W. HOGG FIS.
Secretary of State.
(Local Option)
ACT No. 2
PROPOSED HY IMTIAT1YK PE
TITION.
Notice is hereby given that the fol
lowing Act, proposed by Initiative pe
tition. was filed in my office as required
by law, and that the same will be
i 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.
1'OIt ACT NO. 2.
AGAINST ACT NO. 2.
"An Act to provide for local option and
to correct the evils arising from the
1 liquor traffic; to authorize the peo
ple of any county in the State of Ar
kansas to determine whether liquor
shall be sold in said county, to pro
vide for the calling 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 laws in conflict with
this Act, und for further purposes.”
Hi' Tt Enacted by the People of the
State of Arkansas:
Section 1. Tliat hereafter the sale
of alcoholic, vinous, malt, spiritous or
fermented liquors, or of any compound
or preparation thereof, commonly ( till
ed tonics, hitters or medicated liquors,
is hereby made lawful in the State of
Arkansas, subject to the restrictions
end regulations hereinafter mentioned.
Sec. 2. Whenever a petition is sign
ed by irot less than ten per cent of the
qualified ('lectors of any county in this
State, calling for an election in such
county for tire purpose of determining
whether it is the desire 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,
commonly called tonics, hitters or med
icated liquors, and when such petition
Is filed with the founty Clerk of the
county, the County Judge of -end coun
ty shall, within ten days, make and
cause to bn published an order calling:
an election, at which election tin* ques
tion of "For Incense" and “Against Li
cense" shall he submitted to the qual
ified electors of said counts for their
apnroval or rejection, provided that
said petition shall be neeompanbd hy
:i bond to he approved liv the C-mete
Court, iti the sum of one thee el
($1,000.00) Pollars, to secure the (,..t
Incurred in the holding: of such elec
tion. and tie' cost shall m fixed by (he
amounts now allowed by law for dm.
liar service In holding: a general elec
tion in this State for (lie election of
State officers.
See. 3 The election so called shall
be held not less than thrrry f SO) da vs
nor more than sixty (00) days after
the date of the order railing same, and
shall be held under the direction of the
County Board of Election Commission
ers for the said county, in the man
ner provided hy law for the holding of
general elections In the State for the
election of State officers, insofar as
Cye same may be applicable. The
“unity Board of Election Commission
ers shall, within five (5) days after the
election, certify the result of said elec
tion to the County Clerk, who shall,
without delay, cause the same to he
recorded In his office and published
See. 1 If a majorltv voting in said
election have voted 'For License " the
County Judge of said county shall then
issue a license for the sale of any
alcoholic, vinous, malt. spiritous or
fermented liquor*, or or any compound
or preparation thereof eomtnonlv call
ed tonics, hitters or implicated liquors
within the limits of said count) and
subject to tin restrictions ami regula
tions herelnaftei mentioned: and the
■ale of such alcoholic, vinous malt
Bptrltous or fermented liquor*, or an
compound or preparations the •
commonly called tonics, biMers or i
lcated liquors, under the authority
such licenses shall be lawful. *
Sec 5 So licenses shaH be Issued
except to a citizen ot this State
Is over the age of twenty-one U
vears and of good moral character.
In the event there are more aPP1,c®'
ttons tiled for license than may he is
sued according to the provisions ot
this act, the County Judge shall Issue
license to the person or persons most
suitable as to moral character
ability to properly conduct the ou.
N'o license shall he issued for
sale of liquor except in a city or
incorporated town ,
No license shall he Issued In <*"> £''•
or town of less than live hundred (5
population nor more than one (i) '
cense for each thousand populatioi
fraction thereof In either cities or
towns. In determining the maximum
number of licenses to he granted, a
official census taken within the >ea
next preceding that for which licenses
are issued may be used as a oasis o
population. If no such official census
has been taken, the latest estimates or
the United States Census Bureau shall
be used as a basis.
No license shall authorize the sale o
liquor on Sunday, or days on which ant
State, county or municipal election is
being beld. and no licenses issued shall
authorize the sale of any liquor be
fore 5 o’clock a. m. and after 10 p. m.
on anv day.
Licenses shall not be granted to an>
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 be granted
unless the applicant of 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 be in any way interested
therein during the continuance of the
license, if 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 be 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 tl) of Section five to) of
this act; and no person shall after
wards be made manager who does not
possess like qualifications.
Sec. 6. Before any license shall be
issued, the person applying therefor
shall file his application with the
County Clerk stating the exact loca
tion or place of business where he
proposes to sell such liquor, and agree
ing to comply with ail the conditions,
restrictions and regulations provided
for in this act; said application shall
be duly sworn to, and accompanied by
a bond for his faithful compliance with
same. The said bond shall be in the
sum of two thousand ({2.000.00) dol
lars, payable to the State of Arkansas,
i for the use and benefit of the general
| revenue fund, and slihli be signed by
the applicant and two other responsi;
i hie citizens, to be approved bv the
County Judge, or by the applicant and
any bonding company authorized to do
business in this State
Sec. 7. License shall be of two ;
kinds, to-wit: Retail license and
wholesale license. Retail license shall
be 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 aid 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 he
unsealed upon the premises.
Sec. 8. 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 sunt of two hundred and
fifty ($250.00) as a State tax for the
general revenue fund, and two hundred
and fifty ($250.00) doliiars for the com
mon school fund, and 2 per < • nt upon
the amount paid as Collector's fee and
two ($2.00) dollars for each license for
Clerks fee. Before any wholesale li
cense shall be issued under the pro
vision of this act there shall likewise
be paid to the Colleetor of the county
wherein such license is procured four
hundred ($100.00) dollar - a a county
tax and one hundred and fifty ($150.00)
dollars as a State tax, for the general
revenue fund, and one hundred and
flf t y i $150.00) dollars for the common
school fund, and 2 per cent upon the
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 $ shall authorize tin sale
of liquor thereunder for a period of
one year from the date of th« i.« nance
of said license, or until tin- authority
to sell has been reject,.,1 b> vote of
the people as provided for in this \et;
and no oilier tax or fee hall be im
posed provided any eitv or incorpo
rated town, wherein such lltcii.-e Is
procured, may impo , ;l t„x and fee
not . x, ,1 i.c the condoned amount of
State nit! iminty taxes and fees.
Sec 10. When the I uance of
cense lias once been authorized in
county as provided for in tills net
question shall not attain he voted
v. I thin a period of less than two
V, Ills from the date of Die !:,D
ine election on said question
S-c. it.
this Slat
or brandy thereof and
prt
II
t h *>
the
on
(2)
•<*<!
q u
person who etowj*
fruit, ^rapt's or h**rri» in
may make win
S‘ II t! .
marmfa
lawful.
" iin** v\ ithout jji i »’.«(* mn*l surh
tine and sale is hereby made
provided the same be sold in
original paekair.s containing not less
than five i 5 I gallons.
12. Tfie manufacturer of aleo
. ardent, limit or fermented
any county in this Slate in
suanee of license Is au
r Die provisions of this
not shall ho lawful, and Die
old subject to the foregoing
of this act
1! It shall not be unlawful
person, except to a mi
any liquor.
hoi, vinous
liquors in
which the is
tliorized undi
may
pro
guilly of
eon Vlet ion
subject to
one hundred
more than
he
\ is lulls
See.
to give to any
nor or habitual drunkard
Sec It. Tlie neglect, failure or re
fu - D by any pet son or official to p.-r
■01,11 any act or duty imposed by anv
provision of this .• <■) din 11 eon- til i..
a ielony, and upon conviction thereof
sm h person or official shall 1„ d,.,.,,,.
ed guilty of a felony and imprison.-d In
Die State penitentiary for a period of
otic (1) y«*;ir.
Sec. 15. Any person who shall vio
late any of the provision .- ,,f this bi w
relating to the manufacture sale or
awa> of an) liquor, ns d. fin, ,t
In this act, shall he deemed
n misdemeanor, and upon
for tin first offense Din 11 b,
a fine of not less than
($100.00) dollars nor
three hundred ($200.00, dollars. or Im
prisonment in the count \ jail f,',r
riod of ninety days, or by built such fine
and Imprisonment; and for the second
oil,ns, shall be Imprisoned f„ .i, ,
county jail six months, and IDs license
nsec, shall be Immediately re
!?i<l no person r*onvi<i»M| on n
second offensi shall ever (hereafter he
licensed under the provisions of this
act. nor-he thereafter allowed to en
pairo as the agent or employ, ,,f nnv
licensee.
See. 1(1. That the laws of this state
governing the Initiation of law-- shall
apply and govern the circulating of the
petition for calling an election a- pro
vide,] for in this act, in so far a- Die
same may be applicable
See. 17. For the purpose of deter
mining when ten (10) per cent of the
qualified electors of the county have
petitioned lot the calling of an elec
tion, the numliei of qualified electm
In such county shall he determined In
“ number of poll lax receipts
Sheriff and Collector of said
nexi preceding (he time vuj,.,,
Etc h pel it ton is ti led.
Bee. 18. The word person, when«v«i
If
vok.
lie,
d:
the
by the
count y
It occurs In this act. may apply eHhaa,
to an Individual, firm, association
corporation.
Sec. 19. The word liquor, whenever
it occurs In this act, except in section
IX of this act, is intended to include
and embrace alcoholic, vinous, ardent,
malt, splritous or fermented liquors, or
any compound or preparation thereoi
commonly called tonics, bitters or
medicated liquors.
Pec. 20. That Act Xo. Fifty-nine of
the Acts of the General Assembly of
the State 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 6,
1915, are hereby repealed. That all
other laws and parts of laws In con
flict with Iho provisions of this 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 State, and not In
conflict with some provision of this
act. are cumulative to this act, and
this act shall take effect and be In full
force from and after »ts passage.
Tin above proposed Act was filed
In the office of ttie Secretary of State
on July 6, 1916.
Each eln tor may vote for or against
the above proposed Act,
Witness my official signature this
23th day of July, 1916.
[Real ] EAltLE W. HODGES.
Secretary of State.
(Amendment No. 12)
PROPOSED BY INITIATIVE
PETITION
Ngtlce Is hereby Riven that the fol
lowing proposed \mendment to the Con
stitution of tlie State of Arkansas pro
posed by Initiative petition was filed In
my oftiee as reuuired bv law and that
the same will be submitted to the Quali
fied electors of the Stale of Arkansas
at the next general election to be held
iui_ Tuesday, November 7th. 1916, for
adoption or rejection.
rOE AMENDMENT NO. 13.
AGAINST AMENDMENT NO. 18.
Proposed Amendment No. 13.
"An Amendment to the Constitution of
the State of Arkansas, amending Sec
tion 3. Article XIV. so that tlie Gen
eral Assembly may by general law au
thorize school districts to levy by a
vote of the quail tied electors of such
district a tax not to exceed twelve
mills on the dollar in any one year for
school purposes.”
He it enacted by the people of the State
of Arkansas:
That Section 3. Article XlVr, of the
Constitution of the state of Arkansas
be amended so as to read as follows
Section 3. The General Assembly
shall provide by geneial laws for the
support of common schools by taxes
which shall never • x. red In any one year
three mills on the dollar on the taxa
ble property of tlie State, and by an
annual per capita tax of one dollar, to
be assessed on every male Inhabitant of
tills State over the age of twenty-one
years Provided tic General Assembly
may by general law authorise school die
tricts to levy by a vote of the qualified
electors of such district a tax not to ex
act'd tweiv.- mills on the dollar Itianyone
year for school purposes Provided,
further that no such tax shall be ap
propriated for any uthet purpose nor to
any other district than that for 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 tile a hove proposed Amendment
Witness my official signature this
25th day of July. 1916
EARLK W HOIiGKS,
Secretary of State.
(Seal)
(Amendment No. 13 f
PROPOSED BY INITIATIVE
PETITION
Notif y isi her»*1>v giv«n .hat th* follow
ing proponed Ani»n«itn»'nt t<» the Consti
tution of the State- of Arkansas pro
posed by Initiative petition was filed In
»nv of!\ . .i> requir 1 by i.iw and that
the satin will b» submitted to tin- tjual
If;, ■! t <• r s <>i til. St.ttf ..f iikhiiiul
at tiie next general election to be held
on 'I’uesday. November Ttb, 1^16. foi
a<kiption or rejection
FOR AMENDMENT NO 13.
AGAINST AMENDMENT NO. 13.
Propct 1 Amendment No. 13.
Amending S. ti.»n l of Article of the
Constitution of the State «>f Arkan
sas, ami \ m*'t»d merit \() to thereto,
defining .ml enlarging the powers of
tiie Initiative and Referendum* and
for other purposes.
ted t v the
lie it cna
of Ark
That See tic
c 'ousti tut ion *
and Atnendrn
amended so as
Section 1
tills State aha
five A Mserilblv
Senate and a ip
but the* people r<
power to prop,
laws resolution
the < ’oust , tut jo)
the same at tl
Legislative \.
the power, at
prove or re Je
item, section
I"
•i ie of the State
tion, or me;t«
tive Assembl
The Hist i
l t wtnb 5 to tne
f t1 State of Arkansan
‘t*l S|. jo thereto bl
t “ iead .« " foi lows
L. k'i.*-!ativ e authority of
1 i b» es t ed in a I.eglrtla
u h .dl ■ on a Jut of a
1 * ‘ “•* "t ilepresentattvea
• to tf eiuselve* ftie
legislative measure!
! i no-ml ments to
i ■! t•> enact or reject
poM independent of the
'•-mb! v. ami also reserve
their own option, to ap
r t t . polls any act.
••r anv part of any »ec
ife p.issed by tile I.egisla
iWer
It
1 bv the peo
L t i mi t In* number of
d* '' ‘ t“ initiate any pe
ti.ousand (10.000» and
t • fetitton shall be held
■ ' 1 contain a greater
re,julied and every such
1 t L. full text of
pie IS tio
legal vof.
tion siia!'
im more.
Invalid if
immli'-t t
» tition ?■
meastii. s«, proposed Initiative pe
•In 1 iialI -♦* till with the Serretury
■ ■I Stati' mil I. > tlmii four mnnthx be
fui." tin- cl,- tinn .t will, I, tlicv arc to
tic voted upon
, T!" ... H-irvi'il 1 iv the peo
pic |. tl,,- R, f. i. inlum and the number
" .iii . il tn KtKn and make
' 11111 !1 1 ’ lam pet || Inn shall he
■ '"•»> -nil in, more, hut
"." 't ;t i• || [„. id Invalid If It
s , 1 "ont.iin a Ki cnti i number thun
1! '1 ‘1 ’' ’' 1,1 ’d'lc ,,| a referendum pe
l1"" • " "• more items section*
parts „t an measure shat] not dclav
J ", JV'".. 1 bee.iminu efTeetive:
u *" "n.b-1 stand from tlili
u11 "1 1,1 " 1 mav not be referred
Ueterenduin pH thu s aKainst measure*
pass."l by the l.eaialatlve Assembly
shall be Hied wit, tie X. . retsrv at .State
not later than ninety , , days after
t he ft util adjournment ..f the session of
ttie I.eRlsIatUe \ -enililv at which such
tn-asmes w. ,.,|. except when ad
.ourntnent Hia'l t, taken temporarily
tot a lonyei period than ninety t wo>
!,uyc 'I1 "Ill'll ease such petition* shall
1 <• rued not late, than ninety itm, ,|a>.s
alter sui h t'lnporary itdjourntnent All
measures referred to vote of the peo
ple by referendum shall remain in abey
ance until such vote is taken
If it shall he necessary for the tire
servatlon the public peace, health or
safetv. that a measure shall become ef
feetlve without delay, su. h necessity
Hinie.1 In one section and if
upon a y.a atal nay vote three-fourth*
of all the members elected shall vote
upon separut. roll call i„ favor of the
measure roIuk into instant operation
sm h measute shall become effective
without dela> it shall be nceesaary to
stale the tacts which constitute such
enieiKcm y I'rovlded. however that n
ttnersency shall not he . hired on any
franchise ,,, special privilege or act
creatlnjf any vested rlKl,t or' Interest or
alienating am propertt of the State if
a referendum Is III,.,I against any emer
yetiecy niea.su re .. measure shall be
a law until It Is voted upon by the peo
ple. and If It Is then rejected In a rna
>yll,V *'>•■ ... votlngr thereon**!
Shall be tli.-iehy repealed. The provl
Mot.s ol tins sub-section shall also apply
to city councils. " '
(Primary Elections)
ACT V l
MfWflt -- .-jji.'ii
PROPOSED lit l\lTIVTi\K PKTI
■I Hi S.
Notice is hereby riven that tiro fol
lowing Act prop.> >4 ! Initiative
petition was tiled li: mj dire a re
quired by law, and that tl.. -nine will
be submitted to the qualified e|e«-t«»ra
of the state of Arkansn nt the next
general election, to In In-Id on Tin
day. November 7, 19ln, for adoption or
rejection.
FOR ACT NO. t.
AGAIN ST ACT NO. J.
"An Act to ltegulate Primary l1.lec
tions and for othei pun.
*eoi>le of the
Be It Enacted by the
Ptato of Arkansas:
Section 1. All organize*! political
parties selecting: their <■:«iu1 i<l« 1 < ,nr’
office through primarj • *• '•
be subject to the provision.-- «•< 11 * * •'*1 1 •
except in case of vaontieb . li r«-i lx
after provided, ami • ach l>nrl- In l
pay tile expense of its ow n iiriiii'i i v
election, except as herein otherwise
provided, and all primary . b. ii n lor
the nomination of count'’, district and
state officers shall lie held on the same
day.
Provided, however, nominations
petition of elector
made as provided
Kirby’s Digest.
Sec. 2 The piii
political parties
last Tuesday in
general election. S|n
tions may lie cullt-d
in Se
on I Inue
•t ion 2
to
hv
1)0
of
•1.
•ill
lay
I"
and thl: law shall oovein **• **
ctlons of all
lo ld on Uie
•ceding the
bit primary elcc
to till vacancies.
P * *
same as
S of
'oun
in i.11c• n and
• li.'M
; before the
wrlilen no
nf which
-r by the
secretary
a (Iditlon
rhatrnmn
far as applicable.
Sec. 3. There shall he elm tn at each
primary election delegates *" 1 "
county convention, and the ire i" >et
of the County Central Commute'
which each election pnelnel oi 1
ward Is entitled, and it hall h "
duty of the Count> c.nttal Commute
to "place on the primary ballots the
names of all person nominated
delegates and commltt." . •»! 1 "
sliall be placed on the ballot a cuini
dates for delegates and committeemen
only such names a- have been nomi
nated for such position b\ petition ot
not less than 10 qualified eiteuus <>
the precinct or w > • 1 tiled with the
secretary of the Pm k'\ f'-nti
mittee on or before it' me- tin- o -t '
^hereinafter provided rm
of judges and clerks of the prtmarv
election: provided. If candidal; '"r
such positions have not '
ed bv petition of qna'lfi - I • a
herein provided, then the c .m > i .-n
trnl Committee at Its said t.fetttu.. tot
the selection of iudgo- anti clerks,
shall select Candida tt for delete I cs
and committeemen for all votin' 1 *1 •'
clncts and wards where no notnina
tlons have heen mad*
Sec. t The Indite end elm
election shall he -be' ,1 lv\ tb- 1
ty Central Commute*; at m ■ n
public meeting of ...
not earlier than on*1 w
primary election, ten da
tice of the time and place
shall he given ' neb lnoinb
chairman, vice chairman or
of the committee. and tn
thereto said clinirman vie
or secretary hall publi-di not.- ■ -,5 the
time and place of holding aid meet
ing in some newspaper of pom i r11 < 11 -
culat Ion In the county and '-here
there Is more than one court m- H'
In the county. said notice -ha i.
published In a n.wpaoor of general
circulation In both di d iet; ot 1,1
newspapers of general circulation In
each district: and if there i no mu
paper of general circulation
county or in any district ot -an> ""V,
ty the notice for said county ot -aid
district of said county shall he given
by printed handbills, which the -aid
ohalrnian. vice chairman or -e.-r.dary
■ball cause to he posted at public
places In each township of such coun
ty one of which -hall he at the place
provided for posting public notices at
the court house or other place at
which the said Countv Central Com
mittee Is called to hold Its open and
public meeting.
The committee shnll appoint an al
ternate for each judge and an alter
nate for each clerk who shall serve
In the place of the judge or clerk
appointed, should -uch judge or clerk ,
fall to serve, and If neither the judge j
or clerk, nor his alternate, shnll serve,
then such vacancy In the selection of
judges and clerks -hall be filled by tbr
.alactors assembled at the voting pre
cinct at R.30 a. tn.
Sec. 5 It shall be the duty of the
secretary of the committee to prepare
and have printed the ballots for the
primary election, and the order In
Which the names of the respective
candidates. Including pet-on-- nominat
ed for committeeman and delegates to
the county convention, shall appear on
the ballots shall he determined by lot.
at tj>e public meeting of the committee
b*dd to appoint Judges and clerks, and
If the secretary of the committee, or
any other person, shall print, or cause
to be printed, ballots with the names
of the candidates appearing tb. i con In
any other or different ordei fr in that
determined as hereinbefore provided,
or either of them shall knowlnglv fait
to comply with or knowingly violate
any other provision of this tlon I e
or they shall be guilty of a misde
meanor. and upon conviction be pun
ished by fine and Imprisonment ns
herein provided for In east-- of mis
demeanor under this act.
Sec. fi. Any elector who -hal! tell
the Judge that he ran not rend or writs
or that by reason of any phvsi.-.-il di
ability he Is unable to mark his ballot,
may have the assistance of the Judges
In the preparation of his ballot, who In
the presence of the elector and in the
presence of each other shall prepnrt
his ballot for him as lie wishes to vote,
but before any such elector shall be re
quired or permitted to tell for whom
he wishes to vote, all of the electors.
Including those In the booth.-, shall he
required to withdraw from the polling,
room. Said ballot shall be prepared in
the following manner: One of the
judges, in the presence of the other
judges, shall read to the elector the
names of the respective candidates as]
they appear upon the ballot, and thn
elector shall then state for which can
didate he wishes to vote, whereupon
one of the judges, in the presence of
all. shall strike from ihe ballot all the
candidates for that particular office
except the one for which the elector
votes; und if he does not wish to vote
for anv candidate for that particular
oTfice, shall scratch the names of all
the candidates for that particular office
off of said ballot.
No Judge or clerk shall express any
preference for any candidate or in any
manner whatsoever attempt to Influ
ence any elector for whom be shall
vote, and any judge or clerk violating
any provision of this section shall be
deemed guilty of a misdemeanor and
■hall be planished ns hereinafter pro
vided
Sec. 7. Each political party holding
a primary election shall, on Ihe first
Monday after the primary, hold a
county convention composed of the
delegates elected at such primary elec
tion in each township and ward as
herein provided for.
Sec 8. The county convention shall
at said time declare the result of said
primary election and select delegates
and alternates to all conventions.
No candidate for office, or offleehold
er. or deputy of an officeholder, shall
be eligible to membership on Countj
Central Committees or as a delegate !
to county or district conventions, or a.*,
I a Judge or clerk of any primary elec
tion. i
The selection of Ineligible persons
■hall be void, and the vacancy filled at;
i ether vacancies are herein provided tc
1 be filled. Vacancies In the delegatlor
to a convention, arising from death
^Absence. resignation or ineligibility
fahall be filled by the alternates in tin
[prijer of their selection, and In fib
aence of alternates, by the remaining
members of the delegation. Vacancies
in the Central Committee shall be ruled
by the committer.
Sec. 9. The judges and clerks or the
election shall make a duplicate rog
j later of the names of each and all ’he
electors in the order in which they
| present their ballots, placing opposite
each name its number in the manner
[prescribed In Sections 2^11 to 2H1 r», in*
•'lusive, of Kirby's Digest. The voting
<o eelnots shall he designated by the
Election Commissioners appointed for
the last general election, blit the
County Central Committee may, when
the vote to he east in the precinct
shall exceed one hundred (100) votes,
designate one or more additional boxes
for said precinct, ami judges and
clerks shall be appointed for each box
In 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 be signed by the
voter at the bottom thereof at a place
which shall be provided for bis signa
ture; and if the voter is unable to
subscribe bis name, the same shall be
signed by 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 be signed
by the judges and attested by the
clerks. One of said registers of voters,
the returns, poll books and ballots
shall be delivered by them to the
chairman or secretary of the County
Central Committee, or the person or
committee designated by the County
C*Mitrnl Committee at the meeting
held for the selection of judges to re- \
cefve said returns, ns soon as possible
after the count Is completed, and the
other register of voters, together with
one of the certificates r cm tired under
Section 10 of this act shall he tiled by
them at the time they deliver the re
turns to the County Central Commit
tee. In tin- office of the county clerk of
the county, and where there is more
than one court district In the county,
then In the county clerk's office of the
district where the Count v 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 j
triplicate, signed by the Judges and
attested by the clerks, and Immediate*
lv pout 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 tlie ballots and one copy of
the poll books 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 county.
Sec. 11. The County Central Com
mittee shall convene at noon of the
Friday following the primary on Tues
day, and the returns, one of the* lists
of voters and the ballots of eac h vot
ing precinct are required to he de
livered to said committee as hereto
fore provided on or before said time.
If the returns and ballots of nnv
precinct are not then delivered, the
committee shall send am peace officer
for the returns and ballots, and the
peace officer so selected is authorized
to take the same, forcibly if necessary,
from anyone in whose possession they
niav he. and Immediately bring the
same to said committee. If all returns
and ballots are not before the commit
tee by Friday noon, it mnv 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: may hear testi
mony. if offered, of fraudulent prac
tices and illegal votes, and may cast
out Illegal votes, fraudulent returns,
and find the true and legal vote' cast
for each candidate, and shall certify
the result not later than Monday fol
lowing the primary
Said 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 Hi
tvict Committees (including congres
sional districts!, and shall certify the
vote for candidates for United States
^‘'•nate and for all state offices to flic
State Central Committee
The State Control Committee and
TMstrict and Circuit Committees, or
other committees nr ■ nv< n*»
or niav he authorized l»v law. shall ». -
eelve the return- from County Central
Committees and canvass and certify
the result thereof as now provided hv
law. and said committees, or their of
ficers. shall, when ordered hv a Circuit
Court a« hereinafter provided annul
♦ he certiflcations made and make cer
tifications in accordance with the
judgment of the Circuit Court
The County Central Committee im
mediately upon having ennvassed the
returns and where demanded examined
♦ he ballots, and upon having certified
the results of the nrinrarv as heroin
reouired. shall, and if is hereby made
obligatory upon it and its chairman
and secretary, to file In the office of
the county clerk of -aid county, and
In the district of said countv where
there Is more than one district where
the meeting- of the Central Commit
tee are held, all the returns, all poll
hi oks. and all ballots. together with
all the poll tax receipts, all certificates
of payment of poll taxes, affidavits and
other documents received from the
fudges of election to he preserved hv
snld enuntv clerk, for the period of six
months, subject to the orders of nnv
* uirt of competent jurisdiction, or If
*» contest i- pending, until aid contest
1- determined, and the failure of the
county clerk to so nreserve the said
returns, poll hooks, ballots and doeu
v-.nts accompanying «nme. shall he a
• i ^demeanor and nun I shed hy fine and
Imprisonment as * provided for other
i"'<‘fpnit>aruns o n d
TVi 1* Count v (Vntv
■’ liver Mm ballot - I.
I *i Mu- hn Hot lit »x es
voting precincts look
’ >11 take Hi* r. ■
•for. ami the ol
this act.
I Committee shall
• the county dork
< > f Hip respective
'•d and scaled, an'1
e.int of the clerk
•rk shall not nn
l... if said ballot boxes or break the
si at thereof except upon order and di
rection of tin court bavine Jurisdic
tion over rant
net. and he shall hi .
In a vault ir then
clent capacity in *h
erwise in a room
under lock and ki
six months, if no
Involving the in - n
lots. the count i
' provided In this
■n said ballot ho-xes
Is i vault of suftl
• court house: oth
ttndei his control,
\t tin end of
contest is pending
tion of said hal
rk shall, in the
presence of the chairman and secre
tary of the Count\ Central Commit
tee. or a committee „f „<>t lt.ss than
three persons appointed t.v the Coun
ts Central Committee for that purpose,
niM*n said ballot lu-\c>, and without < x
a mi nine the ballots burn'the am. and
take from the chairman and secretary
of the County Central Committee ' or
the witnesses designated by the c'otin
tv Central Committee, ;i certiflrate
showing- the facts in connection with
the burning of the ballots, and tile (he
same as a permanent record in his of
fice, and he shall thereupon return to
the County Central Committee the bal
lot boxes.
See. 12. A light of action Is
conferred on any candidate to
the certification of nomination
certiflcatIon of vote as made
County Centra! Committee.
The action -hall be brought
Circuit Court, if for the oftl
resentative or a county or township
office, in tin Circuit Court of the coun
ty: and if for a circuit or district of
fice. within anv county in the circuit
or district wherein any of the wrong
ful acts occurred: and if for United
States senator or state office, in the
Pulaski Circuit Court.
The complaint shall be supported by
the affidavits of at least 1(1 reputable
citizens, and shall In- filed within 1(1
days of the certification complained of.
If the complaint is against the certlfl
hereby
contest
or the
by the
In the
of rep