(Primary Elections)
ACT ’o.l
! — mm
PHOPOSKD n\ IMTIATIVK PETI
TION.
Notice la hereby Riven that the fol
lowing Act proposed by initiative
petition was died in m\ office as re
quired by law, and that tin- same will
be submitted to the qualified electors
of the state of Arkansas at the next
general election, to he held on Tues
day, November 7, lillti, for adoption or
rejection.
FOR ACT NO. 1.
AtiAlNST ACT NO. 1.
"An Act to Regulate Primary Elec
tions and for other purposes."
Be It Enacted by the People of the
Ptate of Arkansas:
Section 1. All organized political
parties selecting their candidates for
office through primary elections shall
be subject to the provisions of lhi ae .
except in case of vacancies as herein
after provided, and each party snail
pay the expense of Its own primal.'
election, except as herein otherwise
provided, and all primary elections for
the nomination of county, district and
state officers shall be held on the same
day.
Provided, however, nominations
petition of electors may continue
made as provided In Se
Kirby’s Digest. ,
Sec. 2. The primary elections of nil
political parties shall he held on
last Tuesday In May preceding
general election. Special primatj e 11
"ions may be called to till vacancies
and this law shall govern the same ns
far as applicable. .
Sec 3 There shall he chosen at •
primary election delegates to the
county convention, and the melr’ ”
of the County Central Committee
which each election precinct
ward is entitled, and It shall
by
to be
2777 of
Uie
the
to
or city
be the
duty of the County Central Committee
to place on the primary ballots the
names of all persons nominated rot
delegates and committeemen l hn
shall be placed on the ballot candE
dates for delegates and onmmittetm n
only such names as have been noml
nated for such position by petition r
Sot less than 10 qualified electors of
the precinct or ward, flle'l w ith th
secretary of the Count' « entral »m
mittee on or before Its meeting held
hereinafter provided rot "Tpoinment
of judges and clerks of the pi lmar>
election: provided, if candidate f
«uch positions havt* not b*en nomina -
ed by petition of qualified electors as
herein provided, then the C "tint' 1 " "
tral Committee at its said m. , tme. for
the selection of lodges and clerks
shall select candidates for delegntt.
and committeemen for all voting pre
cincts and wards where no nomina
ttons have been made. .
Sec. 4. The Judges and clerks nr
election shall be selected by the Onun
tv Central Committee at an open an<l
public meeting: of the commit t->, held
not earlier than one week before the
primary election, ten days’ written no
tice df the time and place of which
shall be given each member by the
chairman, vice chairman or secretary
of the committee, and in addition
thereto said chairman, vice chairman
or secretary shall publish notice of the
time and place of holding said meet
ing- In some newspaper of general cir
culation In the county. and where
there Is more than one court district
tn the county, said notice shall he
published In a newspaper of general
circulation In both districts. or
newspapers of general circulation tn
Mich district; and if there is no news
paper of general circulation tn any
county, or in any district of any conn
4y the notice for said county or said
district of said county shall he given
by printed handbills, which the said
chairman, vice chairman or secretary
■hall cause to be posted at puh'lc
places in each township of such coun
ty one of which shall be at the place
provided for posting public notices at
the court house or other place at
which the said County Central t.ona
rotttoe Is called to hold Its open and
public meeting.
The committee shall 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 such Judge or clerk
/all to serve, and If neither the Judge
or clerk, nor his alternate, shall serve
then such vacancy In the selection of
3u<3ffC8 and clerks shall he filled by the
plactors assembled at the voting pre
cinct at 8:30 a. m
Sec 5. It shall be the duty of the
■••rotary of the committee to prepare
•Sid have printed the ballots for the
primary election, and the order tn
which the names of the respective
candidates. Including persons nominat
ed for committeeman and delegates to
the county convention, shall appear on
the ballots shall be determined by lot.
»t the public meeting of the committee
held 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 thereon In
aay other or different order from that
determined as hereinbefore provided,
jpr either of them shall knowlnglv fall
to comply with, or knowingly violate
any other provision of this section, he
or they shall be guilty of a misde
meanor, and upon conviction he pun
ished by fine and Imprisonment as
herein provided for In cases of mis
demeanor under this act.
Sec 6. Any elector who shall tell
the Judge that he can not read or write
or that by reason of any physical dis
ability he is unable to mark his ballot,
may have the assistance of the judges
tn the preparation of his ballot, who In
th* presence of the elector and In the
pretence of each other shall prepare
his ballot for him as he 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 booths, shall he
required to withdraw from the polling
room Said ballot shall be prepared tn
the following manner: «>ne or me j
judges In the presence of the other
Judges, shall rend to the elector the
names of the respective candidates as
they appear upon the ballot, nnd the
elector shall then state for which can
didate he wishes to vote, whereupon
one of the judges, In the preseneo of
all shall strike from the ballot all the
candidates for that particular office
except the one for which the elector
votes- and if he does not wish to vote
for any candidate for that particular
elnce. shall scratch the names of all
the candidates for that particular office
off of said ballot.
No Judge or clerk shall express any
©rtferenc© for any candidate or in any
. - -_t- » ♦ t c. vva rv t ♦ n Inrtit.
manner whatsoever attempt to influ
ence anv elector for whom he shall
ivote, and any judge or clerk violating
iaOT provision of this section shall he
daanied guilty of a misdemeanor nnd
t*^jf be pisniahed as hereinafter pro
Soc 7. Each political party holding
la primary election shall, on the first
Vfoaday after the primary, hold a
county convention composed of the
delegates elected at such primary elec
tion In each township and w’ard as
ha.eln provided for.
Sec f. The county convention shall
at aald time declare the result of said
primary aloctlon and select delegates
land aUamatep to all conventlons^
No candidate for office, or officehold
er or deputy or an officeholder, shall
k« eligible to membership on County
Central Committees or as a delegatt
to county or district conventions, or a«
a Judge or clerk of any primary clec
**The ejection of ineligible persons
ahali be void, and the vacancy filled as
etker vacancies are herein provided tc
be filled Vacancies in the delegation
to a convention, arising from death
Absence, resignation or ineligibility,
'phall be dlled by the alternates in th«
Lyar of their selection, and in ab
i notice of alternate.*, by the remaining
members of the delegation. Vacancies
In the Central Committee shall be filled
I by the committee.
Sec. ft. The Judges and clerks of the
election shall make a duplicate reg
ister of the names of each and all the
electors In the order in which they
present their ballots, placing opposite
j each name Its number In the manner
| prescribed In Sections 2811 to 2Slfi. In
—luslve, of Kirby's Plgest. The voting
precincts shall be designated by the
Election Commissioners appointed for
| the last general election, but the
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
j clerks shall be appointed for each box
In said precinct.
The Judges and clerks shall begin
i the counting of the ballots immedlnte
i 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 he 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 his signa
ture; and If the voter is unable to
subscribe his nnme, the same shall he
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 he signed
by the judges and attested by the
clerks. One of said registers of voters,
the returns, poll hooks 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
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 roouired under
Section 10 of this act shall be filed by
them at the time they deliver the re
turns to the County Central Commit
tee, In the office of the county clerk of
(ho 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 County Central
Committee holds its meetings.
See. 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 bv 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 and one copy' of
the poll books nnd register of voters
to the County Central Committee The
expense of preparing said certificates
and filing same shall be borne from
the general revenue of the county,
See. 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 nnd the ballots of each vot
ing precinct are reauired to be de
livered to said committee ns hereto
fore provided on or before said time.
If the returns and ballots of any
precinct are not then delivered, the
committee shall send anv peace officer
for the returns nnd ballots, nnd the
peace officer so selected is authorized
to take the same, forcibly if necessary,
from anyone in whose possession they
may he, and Immediately bring the
same to said committee, Tf all returns
and ballots are not hefore the commit
tee hv Friday noon, it may 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, tf offered, of fraudulent prac
tices and illegal votes, and may oast
out Illegal votes, fraudulent returns,
and find the true nnd legal vote east
for each candidate, and shall certify
the result not later than Monday fol
lowing the primary.
Said commlttoi' shnll certify the
nomination of all county and township
officers, and shall further certify the
vote of all candidates for circuit and
district offices to the Circuit and 'Dis
trict Committees (Including- conrrres
slonal districts', and shall certlfv the
'mte for candidates for United States
Senate and for all state offices to the
State Central Committee
The State Central Committee and
District and Circuit Committees, or
other committees or conventions as arc
or mav he authorised bv law. shall re
ceive the returns from County Central
Committees and canvass and certify
the result thereof a» now provided hv
law. and said committees or their of
ficers. shall, when ordered hv a Circuit
Court as hereinafter provided, annul
the certifications made and make cer
tifications in accordance with the
judgment of the Circuit Court.
The Countv Central Committee, im
mediately upon having canvassed the
returns and where demanded examined
the ballots, and upon having: certified
the results of the primary as herein
renulred, shall, and it is hereby made
obligatory upon it and its chairman
and secretary, to flic in the office of
the county clerk of said county, and
In the district of said county whore
there is more than one district where
the meetings of the Central Commit
tee are held, nil the returns all poll
hooks, and ail ballots, together with
all the poll tax receipts, all certificates
of payment of poll taxes, affidavits and
other documents received from the
Judges of election to he preserved hv
said countv clerk foe the neriod of six
months, suhfeet to the orders of anv
court of competent jurisdiction, or if
a contest is pending, until «nld contest
i« determined, and the failure of the
countv clerk to so preserve the said
returns, poll hooks, ballots and docu
ments accompanvimr same, shall he n
misdemeanor and punished hy fine and
imprisonment ns 's provided for other
1 misdemeanors under this act.
The County < ontral committee shall
deliver 'h* bnlioU to the county clerk
In the ballot boxes of the respective
voting precincts locked and sealed, and
hall take the receipt of the clerk
‘herefor and the clerk shall not un
lock said ballot boxes or break the
seal thereof except upon order and di
rection of the court bovine- Jurisdic
tion over contests as provided In this
act and he shall keep said ballot boxes
ttj a vault, if there Is a vault of suffi
cient ranaeity in the court house: oth
erwise In a room tinder his control,
under lock and key. At the end of
six months, if no contest is pending
Involving the Inspection of said hnl
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 Coun
ty Central Committee for that purpose,
open aid ballot boxes, and without ex
amining the ballots burn the same, and
takt from the chairman and secretary
of the County Central Committee, or
the witnesses designated by the Coun
ty Central Committee, a certificate
showing the facts in connection with
the burning of the ballots, and file the
same as a permanent record In his of
fice. and ho shall thereupon return to
the County Central Committee the bal
lot boxes.
Pec. 12 A right of action Is hereby
conferred oj any candidate to contest
the certification of nomination or the
certification of vote as made by the
County Central Committee.
The action shall be brought in the
Circuit Court If for the office of rep
resentative or a county or township
office, in the Circuit Court of the coun
ty and if for a circuit or district of
fice. within any 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.
Th<' complaint shall he supported hv
the affidavits of at least 10 reputable
citizens, and shall he filed within 10
days of the certification complained ..f.
If the complaint la against the certlfl
cation in one county, and within 20
days if against the certification in
more than one county. The complaint
ahull 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 special
term, which shall possess the powers
of a court convened in regular term,
and shall proceed at once to hear the
j ease. If the case comes in regular |
term it shall be given precedence and
be speedily determined. The judge :
may adjourn other courts in order to
hear such cases, and may call another
Judge in exchange to sit in other
courts, or vacate the bench in other j
courts and cause a special judge to be
elected to hold the same; and the ses
sion of tho special term to hear such
case* 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 cir
cuit 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
persedeas, by judicial order or other
wise, and the judgment of the Circuit j
■ Court shall, until reversed, be obeyed
by political committees and their of- j
fleers and all election officers; further
provided, It shall be the duty of the
Supreme Court to advance the hearing
i of any such appeal.
The Circuit Court, or, when neccs
sary, the circuit judge. In vacation.
I shall, by mandamus to the officers of
j political parties and election of offi
i cers, or both, or the secretary of state. .
I enforce the proper certification and
i proper ballot in accordance with the
I judgment of the court, and shall pun
ish the failure of any such officers to
obey the mandamus by imprisonment
In the county jail.
Sec. 13. Should 10 reputable citi
zens of any county file a complaint
with the circuit judge within 20 days
after a primary election, alleging that
illegal or fraudulent votes were cast,
or fraudulent returns or certification
made, or the corrupt practices act vro- i
lated, the circuit judge shall. If in his
opinion there Is good ground to be- j
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 Grand Jury
as to them. Should a special term he i
called. It shall in all respects be ns If
convened by law, and the circuit judge I
shall cause to be summoned grand and
petit jurors, either on lists selected by
the Jury commissioners or by the sher
iff, or hy disinterested persons select
ed by him for that purpose, according
to his opinion as 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 be given speedy 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 justice a contin
uance or change of venue he granted
No 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 Ira- !
partial trial In the district of the
county where said indictment is pend
lng.
Sec. 14. Should It he proved to the
satisfaction of the trial judge, in a
ease instituted under Section 12, or a
prosecution as contempiated hv Section
13, that a successful candidate has ,
been guilty of violatine any provision
of the corrupt practices act, or any '
other violation of the laws regulating
primary elections, the Circuit Court
s' 11 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. 15. Should a proceeding under
Section 12. or a criminal prosecution
under Section 13. be not determined
finally until after the election, and the
defendant in such proceeding is elect
ed to the office ns 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, then 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
such office in ease of death or resigna
tion.
Sec. 16. No person shall be allowed
to vote at any primary election held
under the laws of this state, who shall
not exhibit a poll tax receipt, or other
evidence that he has paid his poll tax
within the time prescribed by law to
entitle him to vote at the succeeding
general state election. Such other ev
idence shall be:
(a) A copy 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
pear upon the list required to he cer
tified to the judges of election by Sec
tion three (3) of Act 320 of the Acts
of 1900.
Or. if any person offering to vote j
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
and the second Monday in September
of each year, and possesses the other
necessary qualifications, and shall sub- ;
m!t evidence by written affidavit, sat- I
isfactory to tbo judges of election, es- I
tabllshing that fact, he shall he per- I
mitted to vote.
All such original and certified mplea
of poll fax receipts and written affida
vit; shall be filed with the judges of
election and returned by them with
their other returns of election, and the
“aid Judges of election shall, In addi
tion to (heir regular list of voters,
make an additional list upon their poll i
hooks of all such persons permitted by
them to vote, wipe- names do not ap
pear on tiie certified 1 i-1 of poll tax
payers, and such poll hooks have a
separate page for the purpose of re
cording names of such persons.
It shall he the duty of each elector,
at the time of payment of his poll tax.
to state, and it shall he the duty of
the collector to record and certify in
his receipt evidencing the payment of
such noil tax. the color, residence,
postoffice address frttral route, town or
street addr- vntip - precinct, and
school district of such 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 hv the judges
of election: provided, however, it shall
not he necessary to state or have cer
tified the street address ..r any such
person In cities and town where the
numbering of houses is not rent!trad
hy the ordinances thereof.
Tiie certified lists required hy Sec
tion 3 of \et 320 of the Acts of lilfifl
shall contain, 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 supply the judges of pri
mary 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, postofflee address’
school district or voting precinct of
such persons, the collector r],.ri< or
printer making the same shall he as
sessed the sum of one dollar (jj 00)
which sum or sums shall he deducted
from any sums due such officer or
printer from the county when .settle
ments are made with such offieer or
printer, and the enforcement hereof is
made mandatory upon thu County
Court.
Th» 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 act.
In any contest arising upon any
election held under this act, it shall be
a ground of rejection of any ballot
cast hy 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
hia original or certified copy of poll
tax receipt, or written affidavit of the
attainment of his majority; or (c) if
such original or certified copy of such
poll tax receipt or written affidavit has
not been returned by the Judges or
election; or (d) the name of such per
son listed separately and certified an
required hy this act
Sec. 17. That all laws or rules of
political organizations holding primary
elections providing for contest before
political conventions or committees
other than the proceedings herein
provided shall be of no further force
or effect.
Sec. 18. 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. 19. That the primary election
shall be conducted in conformity with
this act, and the general election law's
of the state, and they shall be to all
intents and purposes legal elections.
Penalties for violations of the same
shall be 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 10 of Act
165 of 1909.
Sec. 20. That all violations of this
act shall be misdemeanors and shall be
punished by fine of not less than one
hundred dollars i$100.00) nor more
than five hundred dollars ($500.00),
and by 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
act, to-wit:
(a) Knowingly cast 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) 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 with
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 election precinct by the
Judges and clerks.
< 1) 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 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 laws and parts of
laws In conflict herewith he. and the
same are hereby repealed.
The above proposed Act was filed in
the office of (he Secretary of State on
June 26. 1916.
Each elector may vote for or against
the above proposed Act.
Witness rnv official signature this
, 25th dav of Julv, 1916.
[Seal] EARLE W. HODGES.
Secretary of State.
(Local Option)
ACT No. 2
—
PROPOSED BY INITIATIVE 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
submitted to the qualified electors of
the State of Arkansas at the next gen
eral election, to be held on Tuesday,
November 7, 1916, for adoption or re
jection.
FOR APT NO. 2.
AGAINST APT 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 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, and for further purposes.”
Be It Enacted by the People of the
State of Arkansas:
Section 1. That hereafter the sale
of alcoholic, vinous, malt, splritous 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
end regulations hereinafter mentioned.
Sec. 2. Whenever a petition is sign
ed by not less than ten per cent of 'he
qualified electors of any county in this
State, calling for an election in such
county for the purpose of determining
whether it is the desire of the people
of said county that license shall he is
sued for the sale of alcoholic, vinous,
malt, spiritous or fermented liquors, or
any compound or preparation thereof,
commonly called tonics, bitters or med
icated liquors, and when such petition
is filed with the County Clerk of the
eounty. the County Judge of said coun
ty shall, within ten days, make and
cause to be published an order railing
an election, nt which election the ques
tion of “For License” and “Against Li
cense” shnll be submitted to the qual
ified electors of said county for tlieir
approval or rejection, provided that
said petition shall be accompanied by
a bond to be approved bv the County
Court, in the sum of one thousand
i itt.fifiO.OO) Dollars, to secure the cost
incurred in the holding of such elec
tion, and the cost shell *>e fixed by the
amounts now allowed by law for sim
ilar service in holding a general elec
tion in this State for the election of
State officers.
See. 3. The election so called shall
be held not less than thrrry rso) days
nor more than sixty ffiO) days after
the date of the order railing same, and
shall he held under the direction of the
County Poard of Election Commission
ers for the said county, in the man
ner provided by law for the holding of
general elections In the State for the
election of State officers. Insofar as
♦ be same may he applicable. The
f*bunty Board of Election Commission
ers shall, within five (61 days after the
election, certify the result of said elec
tion to the County Clerk, who shall,
without delay, cause the same to be
recorded In Ills office and published.
Sec. 4. If a majority voting In said
election hnve voted ‘For License” the
County Judge of said county shall then
Issue n license for the sale of any
alcoholic, vinous, malt, splritous or
fermented liquors, or of any compound
or preparation thereof eommonlv call
ed tonics, bitters or medicated liquors
within the limits of said county, and
subject to the restrictions and regula
tions hereinafter mentioned; and the
•ale of such alcoholic, vinous, malt,
eplrltous or fermented liquors, or a •
compound or preparation* there •
commonly called tonics, bitters or
Icated liquors, under the authority 1
such licenses shall be lawful. j
Sec. 5. No licenses shall be *ssU.
except to a citizen of this State wno
Is over the age of twenty-one l-1
years and of (food moral character.
In the event there are more app'lea'
tions filed for license than may be *9'
sued according to the provisions or
this act, the County Judge shall issue
license to the person or persons most
suitable as to moral character ana
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
or town of less than five hundred (500)
population nor more than one (1) H*
cense for each thousand population or
fraction thereof in either cities or
towns. In determining the maximum
number of licenses to be granted, any
official census taken within the year
next preceding that for which licenses
are Issued may be used as a basis of
population. If no such official census
has been taken, the latest estimates of
the United States Census Bureau shall
be used as a basis.
No license shall authorize the sale of
liquor on Sunday, or days on which any
State, county or municipal election Is
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.
on any day.
Licenses shall not be 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 be 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 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 be
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 (1) of Section five (6) 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 all 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,
for the use and benefit of the general
revenue fund, and shall be signed by
the applicant and two other responsi
ble citizens, to be approved by 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 tho 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. 8. Before any retail license
shall be issued under the provisions of
this act, there shall be 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 fee and
two ($2.00) dollars fur each license fur
Clerk's fee. Before any wholesale li
cense shall be issued under the pro
vision of this art there shall likewise
be paid to the Collector of the county
wherein such license is procured four
hundred ($400.00) dollars as a county
tax and one hundred and fifty ($150.00)
dollars as a State tax. for the general
revenue fund, and one hundred and
fifty ($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
Clerks fee.
Sec. f). 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 be im
posed, provided any city or Incorpo
rated town, wherein such license Is
procured, may Impose a tax and fee
not exceeding: the combined amount of
Stale and county taxes and fees.
Sec. 10. When the Issuance of li
cense has once been authorized in the
county ns provided for in this act, the
qirestlon shall not a train he voted on
within a period of less than two (2)
years from the date of the last preced
ing election on said question.
Sec. 11. Any person who grows
fruit, grapes or berries in this Stnte
may make wine or brandy thereof and
well the same without license, and such
j manufacture and sale is hereby made
lawful, provided the same be sold In
original packages containing not less
than five (5) gallons.
See. 12. The manufacturer of alco
hol, vinous, ardent, malt or fermented
liquors in any county In this State In
I which the Issuance of license is au
thorized under tin’ provisions of this
' act shall be lawful, and rne same may
I be sold subject to the foregoing pro
i visions of this act.
Sec. 1It shall not be unlawful
to give to any person, except to a mi
nor or habitual drunkard, any liquor.
I Sec. 14. The neglect, failure or re
i fusal by any person or official to per
form any act or dut\ Imposed by any
! provision of this act shall constitute
, a felony, and upon conviction thereof
such person or official shall be 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
I relating to the manufacture. ale or
| giving away of any liquor, as defined
| In this act, shall he deemed guilty of
I a misdemeanor, and upon conviction
; for the first offense shall be subject to
I n fine of not less than one hundred
I ($ 100.00) dollars nor more than
three hundred ($300.00) dollars, or im
prisonment in the county Jail for a pe
riod of ninety days, or by both such fine
and imprisonment: and for the second
offense shall he imprisoned In the
county jail six months, and his license,
if a licensee, shall be immediately re
voked; and no person convicted on a
second offense shall ever thereafter he
licensed under the provisions of this
act, nor he thereafter allowed to en
gage as the agent or employe of any
licensee.
Sec. If!. That the laws of this State
governing' the Initiation of laws shall
apply and govern the circulating of the
pet It Ion for calling an election as pro
vided for In this act. in so far as the
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 railing of an elec
tion, the number of qualified electors
in such county shall he determined by
tiie number of poll tax receipts issued
by the Sheriff and Collector of said
county next preceding the time when
such petition is filed.
Bee. 18. The word person, whenever
this act, may apply either
.orooroU.. ,fS«
'A^^this act i. intended to include
12 of tnis aci’ v iic vinous, ardent,
and embrace alco^;,^nted liquors. or
m.n, .pintoo.
“&SSTAS Uttm ”
mwa20d Tha°trAct So. Fifty-nine of
o7\t ... A,.;.„b,y
^oS-pob™."at
Thirty of the Acta of 1915 of said Oen
Jraf^en^ly approved February
1115 are hereby repealed. That all
oilier laws and parts of laws in con
tlioi with the provisions of this act are
I 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
eontllet with some provision of this
net are cumulative to this act. and
ifhis act shall tuk. effect and be In full
force from and after »ts passage
The above proposed Act was filed
In the office of the Secretary of State
on July fi. 1916.
Each elector may vote for or against
the above proposed Act
Witness my official signature this
25th day of July, 1916- ,,rtrv„rQ
rSeal] EARLE W. HODGES.
Secretary of State.
1
(Amendment No. 12)
FXOPOSED BY INITIATIT1!
PETITION.
Notice Is hereby given that the fol
lowing proposed Amendment to tho Con
stitution of the State of Arkansas pro
posed by Initiative petition was tiled in
my office as reuuired bv law and that
the same will be submitted to the quail
tied electors of the State of Arkansas
at the next general election to be held
on Tuesday. November 7th. 1916, for
adoption or rejection.
rOB AMENDMENT NO. 18.
AGAINST AMENDMENT NO. 13.
Proposed Amendment No. 13.
An Amendment to the Constitution of
the State of Arkansas, amending Sec
tion 3. Article XIV. so that 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 one year for
school purposes.”
He It enacted by the people of the State
of Arkansas:
That Section 3, Article XXV, of tha
Constitution of the state of Arkansas
he amended so aa to read as follows
'Section 3. The General Asaeinrxy
shall provide by general law* for th«
support of common schools by taxea
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 authorize 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 for which
it was levied.”
The above proposed Amendment wan
filed In the office of the Secretary of
State on January 14th, 1915.
Each elector may vote For or
Against tlie above proposed Amendment
Witness my ottn lal signature this
25th day of July, 1916
EARLE W. HOUGHS,
Secretary of State.
(Seal)
(Amendment No. 13)
PROPOSED BY INITIATIVE
PETITION
Notice Is hereby give. :hat the follow
ing proposed Amendment to the Consti
tution of the State of Arkansas pro
posed by Initiative petition tiled In
my office as required by law and that
! the same will be submitted to the qual
ified electors of the state of Arkansas
! at the next general election to be held
j on Tuesday. November 7th. 1916, tot
adoption or rejection.
TOR AMENDMENT NO. 13.
AOAINST AMENDMENT NO. 13.
Propos-d 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, and
for other purposes.
Re it enacted try the people of the State
of Arkansas
That Section 1 of Article 5 to the
Constitution of the State of Arkansas
and Amendment No. 10 thereto he
amended so as to read as follows
Section 1 Legislative authority of
tills State shall he vested in a Legisla
tive Assembly which shall consist or u
Senate an.I a House of Representatives
but tile people reserve to themselves file
power to propose legislative measures
laws resolutions and amendment* to
the ( .institution, and to enact or reject
tiie same at the polls independent of the
Legislative Assembly: and also reserve
the power, at their own option, to ap
prove or reject at the polls any act.
Item, section, or any part of anv sec
t on. or measure passed by the Legisla
tive Assembly
The lit St power reserved by the peo
ple s the Initiative and the number of
legal toters required to initiate any pe
,lon sll!,H b'ti thousand flO.UOO) and
no more .hit no petition shall be held
Invalid n it should contain a greater
number than required, and every such
petition shall Include the f„jj t,.xt 1)f
t o; measure so proposed Initiative pe
titions shall be filed with tiie Secretary
of State not less than four months be
fore the election at which they are to
he voted upon.
rJ1?. "-«rved t,v th« reC.
or h I'! . ’ "",n ani' th*“ number
V .,' M ' r r;"|Ulr"1 Ni*n and make
valid a referendum petition shall he
seven thousand 17 mu,, and no more hut
no petition shall he held Invalid if
should contain a greater number than
required. The filing of a referendum pe
flon against one or more items, sections
or parts of any measure si,all not delay
the remainder from ..ming effective
tint It is not to he ..1 from tin.
tliat all of an act may not he reFerred
missed *' h vm ,V"UtV"S measure.
passed liv tile Legislative Assemble
shall he filed with the Secretary of State
not ater than ninety co, days aft.!
the final adjournment of tiie session of
the Legislative vsscmbly at which Such
measures were passed, except when aff^
Journment shall i,e take,, temporally
for a longer period than ninety (90)
eny*i T such petitions shall
he filed not later tlian ninety (SOI .lays
after such temporary adjournment Ml
measures referred to a vote of the peo
ple In referendum shall remain In abet
anee until such vote is taken. 7
it It shall lie necessary for the nr.
servatjon of the public peace, health o,
safety, that a measure shall become «e
feet ive without delay, such ne^s.uv
shaii lie stated In one section and If
iipon a yea and nay vote three-fourth"
of all the members elected shall vot!
upon separate roll call In favor of
measure going Into Instant operation
such measure shali become effeotiv,
without delay it si,all he necessary to
State the facts which constitute such
emergency Provided, however, that an
emergency si,all not be declared on\nv
franchise or special privilege or act
creating any vested right or Interest or
alienating any property of the State Tf
a referendum is filed against any L
genecy measure, such measure shall k.
u law until It is voted upon by the 'em
pie. and If It Is then rejected bv u
Jority of the electors voting thereof*
sliall be thereby repealed. The provi
sions of this sub-aectlon .hall also annl,
to city councils. ”