.L»J
(Primary Election.*)
ACT To.l
*m • —
PROPOSED II 1 IMilAiO E PI'.TI
TIO\.
Notice is hereby yri\ . n that the fol
lowing Act proposed I * > initiative
petition was fll»*«l in nr. "fb"" n; re
quired by law, and that Ilf inn- will
be submitted to the qua lllled '• 1« . I ,.i
of the state of Arkun ■ it lin ,,". \t
general election, tn lie held on 1 ue
da>. November 7, 191«. For adoption or
rejection.
FOR ACT NO- I.
AGAINST ACT NO. 1.
“An Act to Regulate Primary Elec
tions and for other purpoM
Be It Enacted by the People of the
State of Arkansas:
Section 1. All organized political
parties selecting their candidates foi
office through primary el. , i if h.' I
be subject to tin- pio\ i l"f. -I ' ‘ ■' '■
except in case of vaentiele a.- hoicm
after provided, and • odi p 'l> 1'1
pay the expense ,.f its own I- ">«;«r>
election, except as herein "th.
provided, and all primal > e1. ■ Uf is
the nomination of county di <": i"
state officers shall he held on the sam.
Provided, however, nominations by
petition of electors may eontinue_jo hi
made as provided in Section - • • •
Kirby’s Digest. ..
Sec. 2 The primary elections of nil
political parties shall he held on Ue
last Tuesdnj in M'U Preeedtt -. ! '
general election. Special primal'
flon. may be called to fill - amde^
and this law shall govern the aim
far an applicable. . ,
See 9. There shall he chosen at e-o h
primary election delegates o th
county convention, and lln n■
of the County Central ( nmmHUt t
which each election ..Inct or clit>
■ward Is entitled, and It dmjl '" the
duty of the County Central '.s’",""' the
to place on the prlmarj hail'd t ie
names of all persons nominated Dr
delegates and comniitt« • nmn.
shall be placed on the ballot ti-.-'nit' ■
dates for delegates and ''"mmltt.i n n
onlv such names as have >'. ■ n n
nated for such position hv petition »f
not less than IP nuallfled electors of
the precinct or ward, dhd " 1th th
secretary of the Count;, Cent," om
mlttee on or before Its meeting held a*
hereinafter provided for
of Judges and clerks of Ilf
election: provided, if candidates for
such positions have not been nominat
ed bv petition of qualified electors ns
herein provided, then the County < en
tral Committee at its sairl meeting, for
the selection of Judges and el.rks,
shall select candidates for delegates
and committeemen for all voting pre
cincts and wards where no nomina
held
before the
tlons have been made. ... „»
St*r 4. The Judges and clerks or
election shall be selected by the < "iin
ty Central Committee at an • pen and
public meeting of the commute
not earlier than one week
primary election, ten days written no
tice of the time and place of vvliien
Fhall be tfiren each member by the
chairman, vice chairman or secretary
of the committee, and In additt< n
thereto said chairman, vice chairman
or secretary shall publish noth. the
time and place of holding said meet
tng In some newspaper of general cir
culation In the county. and
there Is more than one court
In the county, said notice
published In a newspaper of
circulation in both distiicts,
newspapers of general circulation in
each district: and If there is n
paper of general circulation
county, or in any district
ty. th« notice for said county or said
district of said county shall he
by printed handbills, which th
chairman, vice chairman or
■hall cause to be posted at
where
district
shall he
general
or 1n
news
in any
any coun
glv*
•'n
lid
ecretary
public
peaces in each township of such cun
ty one of which shall be at th- place
?to Tided for posting public notices at
he court house or other place at
which the said County Central Com
mittee Is called to hold Its open and
public meeting.
The committee shall appoint nri al
ternate for each Judge and an alter
nate for each clerk who shall
In the place of the judge or
appointed, should such judge or
4*11 to serve, and If neither the
or clerk, nor his alternate,
then such vacancy In the
clerk
clerk
judge
shall serve,
selection of
any
judges and clerks shall be filled by the ,
.electors assembled at the voting pro- j
clnct at 8:30 a. m.
Sec. 5. It shall be the duty of the
secretary of the committee to prepare
and have printed the ballots for th*
primary election, and the order In
Which the names of the respective
candidates. Innludtng person- nominat
ed for committeeman and delegates to
the county convention, shall appear on
the ballots shall he determined by lot.
at the public meeting of the committee
held to appoint judges and clerks, and
If ftve secretary of the committee or
other person, shall print, < r can
to be printed, ballots with the names
of the candidates appearing thereon tn
■lay other or different order from that
determined as hereinbefore provided,
j0T either of them shall knowingly 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 be pun
tahed by fine and
herein provided for
imprisonment ns
In cases of mis
demeanor urnli>r this apt.
Sec. 6. Any elector who -hall tell
the Judge that ho can not rend nr write1
or that by reason of any phv iml (li -
ability he l* unable to mark hi ballot.]
near have the assistance of tin Judg> -
|n the preparation of his ballot, who in ,
tha presence of the elector and In the
presence of each other shall prepare ]
his ballot for him as he wishes to vote. •
but before any such electoi shall 1 • 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 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 ns
they appear upon the ballot, and the
elector shall then state for which can
didate he wishes to vote, whereupon
one of the Judges. In the presence of
all shell strike from the ballot all th«
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
office 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 he =hal!
.vote, and any Judge or clerk violating
'any provision of this section shall be
,4*«nied guilty of a misdemeanor and
'QMmea guiiij ... *
;nh^ll be ptenished ns hereinafter pro
V*Seo 7 Kach political party holding
.a primary election shall, on the first
Monday after the primary, bold a
courttv 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 shal
at said time declare the result of said
a lime .je. .... .. ... ...
primary election and select delegates
mad alt
m alternates to all conventions.
No candidate for office, or officehold
er or deputy or an officeholder, shal!
be eligible to membership on County
Ceatral Committees or as a delegate
bo county or district conventions, or as
a Judge or clerk of any primarj- elec
I* «}La selection of Ineligible) person!
•ball b* void, and the vacancy filled as
•tber vacarmles are herein provided tc
Ailed. Vacancies In the delegatlor
a convention, arising from death
•enC*. resignation or ineligibility
,1| be Ajled by
„„ .lm, alternates In the
of tbolr adleftlon, and In ab
| sence of alternates, by the remaining
' members of the delegation. Vseaneles
in the Central Committee shall be filled
by the committee.
See. 9. The Judges nnd 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
each name Its number in the manner
prescribed in Sections 2811 to 2810. In
clusive, of Kirby's Digest. The voting
precincts aha!) he designated by the
election Commissioners appointed for
the last general election, hut the
County Central Committee may, when
the vote to be east in the precinct
shall exceed one hundred (100) votes,
designate one or more additional boxes
for said precinct, and judges and
clerks shall he 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 he provided for his signa
ture; and if the voter is unable to
subscribe his name, the same shall he
signed by one of the judges and at
tested hv all of said judges.
At the closing of the polls, the dupli
cate register of voters shnll 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
Central Committee at the meeting
held for the selection of Judges to re
ceive said returns, ns soon ns possible
after the count Is completed, and the
other register of voters, together with
one of the certificates required 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
fhe county, and where there Is more
than one court district in the county,
then in the county clerk's office of ihe
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 eopy 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 samp, and return the other
copy with the ballots and one eopy of
the poll books nnd register of voters
to the County Central Committee The
| expense of preparing said certificates
and filing same shnll he borne from
the general revenue of ttie county.
Pec. It. 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 each vot
ing precinct are required to be de
livered to said committee as 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 and ballots, and the
peace officer so selected is authorized
to take the same, forcibly if necessary,
from anyone in whose possession they
may be. and immediately bring the
same to said committee If all returns
and ballots are not before the commit
tee by 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, If offered, of fraudulent prac
tices and illegal votes, and may east
out Illegal votes, fraudulent returns,
and find the true and legal vote east
for each candidate, and shall certify
♦ he result not later than Monday fol
lowing tiie primary.
Said committee shail certify the
nomination of all countv and township
officers, und shall further certify the
vote of all candidates for circuit and
district offices to the circuit and Dis
trict Committees flneluding congres
sional districts!, and shnll certify the
vote 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 are
or may he authorized by law. shall re
ceive the returns from County Central
Committees and canvass and certify
♦he result thereof a« now provided hv
law, ansi said committees, or their of
ficers. shall, when ordered hv a Circuit
Court hereinafter provided annul
the certifications made and make cer
tifications in accordance with the
judgment of the Circuit Court.
The County 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
renulrod. shall, and it Is hereby made
obligatory upon it and Its chairman
and secretary, to file In the office of
the county clerk of said county, and
In the district of paid county where
there Is more than one district where
the meetings of the Central Commit -
*ee are held, all the returns, all poll
hooks, and all ballots together with
all the poll tax receipts, all certificates
of payment nf poll taxes, affidavits and
other documents received from the
Judies of election to he preserved hv
said county clerk for the period of six
months, suhjxt to ft.d.,,f n"nv
court of compet.pt Jurisdiction or If
a contest is pending. until -,ld contest
is determined, and the failure or the
county clerk to so preserve the s-ild
returns, poll hooks, ballots and docu
ments accompanvinir same, shall he a
misdemeanor and punished by fine and
imprisonment as i-- provided for other
misdemeanors under this net.
The County Central Committee shall
deliver the ballots to the county cl, rk
In the ballot hexes of the respective
voting precincts locked and sealed, and
hall take the receipt of the clerk
therefor and the clerk shall not un
lock said ballot boxes or break the
seal thereof except upon order and dl
reetp.n of the court having turlsdle
tlon over contests as provided in this
act, and he shall keep said lvillot boxes
fn a vault. If th. re Is a vault of suffi
cient capacity in the court house; oth
erwise in a room under his control
under lock and key. \t the end of
six months, if no oonte * is p. ndlntr
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 eommittee of not less than
three persons appointed hv the Coun
ty Central Committee for that purpose
open said ballot boxes, and withoiit ex
amining the h.allots burn the same and
take from the chairman and secretary
of the County Centra! Committee or
the witm - ■ designated by the Coun
ty Central Commit teertiflcnte
showing- the facts in connection with
the burning of the ballots, and file the
same as a permanent record in his of-1
flee, and tie shall thereupon return to'
the County Central Committee the bal
lot boxes.
Sec. 12. \ right of action Is horehv
conferred on any candidate to contest
the certification of nomination or the
certification of vote as made hv the
County Central Committee..
The action shall be brought In the
Circuit court. If for the office of rep
resentative 01 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 nets 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 10 reputable
citizens, and shall he filed within in
days of the certification complained of.
If the complaint Is against the certlfl
ration in one county, and within 20
days If against 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 prlma 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
esse. If the case comes in regular
term it shall he given precedence and
he 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
courts and cause a special judge to be
elected to hold the same; and the ses
sion cf 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 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
Court ahn 11, 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 i
political parties and election .of offl- 1
cers, or both, or the secretary of state,
enforce the proper eertificatinn and
proper ballot in accordance with the j
judgment of the court, and shall pun
ish the failure of any such officers to
obey the mandamus by imprisonment
In the county Jail.
Pee. 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 vio
lated. the circuit judge shall, if In his
opinion there is good ground 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 tlve Grand Jury
as to them. Should a special term he
called, 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 as to the best method
to select unbiased jurorF. Should in
dictments be returned, either at a spe
cial or regular term, for violating the
primary election laws, the defendants
shall he given speedy trial at said
term (and the court mn\ adjourn terms
of other courts In order that they may
be tried), unless for good cause shown
or in the Interests of justice a contln- i
uance or change of venue be granted.
Xo chnnge of venue shall be granted
In such eases except after a hearing
and a finding by the court that the de
fendant can not obtain n fair and Im
partial trial in the district of the
county where said Indictment Is pend
See. 14 Should It h<* proved to the
satisfaction of the trial judge. In a '
ease instituted under Section 12, or a |
prosecution as contemplated by Section
12, 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' 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 vpr-_
diet of tlie jury in a criminal proseou-*
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 tilled by a special pri
mary or otherwise, as may he deter
mined by the party organization,
•Sec. If. Should a proceeding under
Section 12. or a criminal prosecution
under Section 12, be not determined
finally 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 .-..ntains a finding that
he violated the 1 > , a« provided In t
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 vacaneies in j
suoh office in ease of death or resigna- |
tion.
See, 10. No person shall be allowed
to vote at any primary election held
under the laws of this state, who shall i
not exhibit a poll tax receipt, or other j
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.
(h> Or, such person’s name shall ap
pear upon the list required to he cer
tified to the ludges of election by Sec
tion three (2) of Act 220 of the Acts
of 1202.
Or. if any person offering to vote j
shall have attained the ape of 21 years j
slneo the time of assessing taxes next
preceding such election, which period
of nssi -Hu nt 1' here fti clared to mean
between the • und Monday in May
and tlit* second Monday in September ;
of each year, and possess*- the other
necessarv r|unlifleati*>ns. and shall sub
mit evidence by written affidavit, sat
isfactory to the Indites of election, es
tablishing that fact, he shall be per
mitted to vote.
All such oritrin.nl and certified copies
of poll tax receipts and written affida
vit. !, II ho filed With tin- judges of
* lection and returned by them with
their other return of election, nnd the
aid Judtres of ebi-tion -ban. In addi
tion to their rcgulai list of voters,
make an additional list upon their poll I
books of all snob neisons permitted by
them to vote, whie-e names do not ap
pear on the certified list of poll tax
pavers, and such roll books have a
separate pace for th< purpose of re
eording names of such persons.
Tt ball be the dot-, of on. h elector,
it ■ tlm* of payi en f his poll tax,
to date ami it shall lv the duty of
t'o r- dlei-tor to ri i - rd and certify ln|
Ids receipt i-vIdeneintr the payment of
such noil tax. tlo color, residence,
p stotltce nildri ;S <Miroute, town or
street address!, voting precinct, and
ho* I district of ivli person at the
time of the payment of so eh tax. and
all poll tax receipts not containing
uch requirements shall he void and
shall not be recognized by the judges
of election: provided, however, it shall
pot he necessary to state or have cer
tified the street address of any such
p.-i op In cities and towns where the
numbering of houses b not required I
bv the ordinances thereof.
Tin certified lists required bv Sec
tion 2 uf Vet 22A of the \ct <if 1 POP
-ball contain, in addition to the name
of the person payiup such poll tax. his
color, residence. postofflee address
(rural route, town or stre* t address
where by ordinance the numbering of
houses 1s required!, the school district
and voting precinct, and m-h |j..t shill!
be arranged tn alphabetical order, ac
- riling tu the respective voting pre
cincts. Tlie 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, clerk or
printer making the same shall he as
sessed the sum of one dollar ($1.00),
which sum or sums hall he deducted
from any sums due such officer or
printer from the county when .settle
ments are made with such officer nr
printer, nnd the enforcement hereof is
made mandatory upon the County
Court.
The auditor of state sh.ll have the
poll tax receipts required by law to he
| furnished by him to the collectors so
printed as to conform to the require
! ments of this act.
In any contest arising upon
election held under this act, it shall be
a ground of rejection of any ballot
cast 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 copy of po*1
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 of
election: or (d) the name of such per
son listed separately and certified as .
required by 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 net 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. ID. That the primary election
shall be conducted in conformity with
tills net. and the general election laws
of the state, and they shall be to all
intents and purposes legal elections.
Penalties for violations of the same
■hall be as herein provided and not as
provided for violations of the general
election laws. This act does not re
p, li Section 2897 of Kirby’s Digest or
Sections 1. 3, 5, C. 7. 8 and 10 of Act
165 of 1909.
Sec. 20. That all violations of this
act shall be misdemeanors and shall be
punished bv fine of not less than one
hundred dollars *$100,001 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-wlt:
(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.
(r) 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 jvoters,
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- ■
struetion of the summary of votes
posted at the election precinct by the
Judges and clerks.
(i) 'living 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 file j
complaint against the county clerk al- |
leging that be had failed to comply ;
with the duties herein required of him. I
said complaint shall he summarily j
tried by the circuit judge, and should
be find that said clerk had wrongfully i
failed to comply with the duties here- ;
in required of him. he shall at once he I
removed from office.
See. 22. That all laws and parts of i
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, 1916.
Kach elector may x'ote for or against
the above proposed Ait.
Witness mv official signature this
25th day of July. 1916.
[Seal] EAH1.K W. HOBOES.
Secretary of State. ;
l
(Local Option)
ACT No. 2
PROPOSER nv INITIATIVE PE
TITION’.
Notice is hereby Riven 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
tiie State of Arkansas at the next gen
eral election, to be held on Tuesday,
November 7, t*)16, for adoption or re
jection.
FOR \< T NO. 2.
AGAINST AIT 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 Aet. and for further purposes."
T?e It Knacted by the People of the
State 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
qualified eleetors of any county in this
state, calling for an election in such
I county for the purpose of determining
whether it is the desire of the people
of said countv that license shall ho is
sued for the sale of alcoholic, vinous,
malt, spiritous or fermented liquors, or
nnv compound or preparation thereof,
commonly called tonics, bitters or med
icated liquors, and when such petition
is filed with the County Clerk of the
county, the County Judge of said conn
tv shall, within ten days, make and
cause to be published an order calling
an election, at which election the ques
tion of "For License" and "Against Li
, use" “hall he submitted to the qual
ified electors of said county for their
approval or rejection, provided that
avid petition shall be accompanied by
bond to be approved bv the Countv
Court. in the sum of one thousand
CM.000.(M» Pollars, to .secure the co-f
Incurred In the holding of such elec
tion. and the cost shall »<■ fixed hy the
amounts now allowed hy law for sitn
ji.,r service In holding a genera 1 • lec
tion In this State for the election of
State officers.
Pee. 3. The election so called shall
lie held not less than thfrry <sni days
nor more than sixty (6<B days after
the date of the order calling same, and
shall be held under the direction of the
County Board of TCleetlon 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
i'ie same may be applicable The
^rnntv Board of Klectlon 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 be
recorded in his office and published.
Sec. 4. If a majority 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 liquors, or of any compound
or preparation thereof eommonlv call
ed tonics, bitters or medicated liquot ■.
within the limits of said county, and
I subject to the restrictions and regula
( tlons hereinafter mentioned: and the
■ale of such alcoholic, vinous, malt.
splrltous or fermented liquors, or any
compound or preparations thereof,
commonly called tonics, bitters or med
icated liquors, under the authority
such licenses shall be lawful.
Sec. 8. !yTo licenses shall be Issued
except to a citizen of this State who
is over the age of twenty-one (2D
years and of (rood moral character.
In the event there arc more applica
tions filed for license than may be is
sued according to the provisions of
this act, the County Judge shall issue
license to the person or persons most
suitable ns to moral character and
ahllity 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) li
cense for each thousand population or
fraction thereof fn 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 latesr 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 G o'clock a. tn. .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 he 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 bo
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 ffny 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 (G) 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
'ssued, the person applying therefor
shall file h1s application with the
County Clerk slating the exact loca
tion or place of business where he
proposes to sell such liquor, and agree
ing to comply w-ith 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 (i2,000.00) 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-\vit: 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 said dram shop
I 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
unseated upon tne premise*.
Sec. 8. Before any retail license
shall he Issued under the provisions of
this act. there shall be paid to the
Collector of the county wherein such [
I 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 tlfty ($250.00) dot Mar.- for the com
mon school fund, and 2 per cent upon
the amount paid as Collector's fee and
two ($2.00) dollars for each licert ■ for
Clerk's fee. Before any wholesale li
cense shall he issued under the pro
vision of this net there shall likewise
be paid to the Collector of the county
wherein such license i : procured four
hundred ($400.00) dollars as a county
tax and one hundred and fifty ($1"0.00)
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
Clerk's fee.
Sec. !). The fees and taxes mentioned
In Section 8 shall authorize the ale
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 reject* d by vote of
the *people as provided for in thi- \■ 't:
and no other tax or fee shall be im
posed. provided any city or Incorpo
rated town, wherein such license is
procured, may inipo-e a tax and fee
not exceeding the combined amount of
State and county tax*'* and fees.
See 10. When the issuance of li
cense has once been authorized in the
county as provided for in this net, the
question shall not again be voted on
within a period of less than two (2) I
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 State
may make wine or brandy thereof and (
seii the same without license, and such ;
manufacture and sale is hereby made
lawful, provided the same be sold in
original packages containing not less i
than five (5) gallons.
See. 12. The manufacturer of aleo- j
hoi, vinous, ardent, malt or fermented j
liquors in any county in tills State in :
which the issuance of license is an- >
thorized under the provisions of this !
act shall be lawful, and the same may
he sold subject to the foregoing pro- |
visions of this act.
Sec. 13. It shall not be unlawful
to give to any person, except to a mi- |
nor or habitual drunkard, any liquor.
Sec 14. The neglect, failure or re
fusal by any person or oflleial to per
form any act or duly imposed by any i
provision of this act shall eon < it ui
a felony, and upon conviction thereof
such person or official shall he deem- !
ed guilty of a felony and imprisoned in !
the Slate penitentiary for a period of j
one (1) year.
See. 15. Any person who shall vio
late any of the provisions of this law j
relating to the manufacture, sale or I
giving away of any liquor, as defined j
in this act, shall be deemed guilty of
a misdemeanor, and upon conviction
for the first offense ■liali be subject to
a fine of not less than one hundred |
($1(10.00) dollars nor more than I
three hundred ($300.00) dollars, or im
prisonment in the county jail for a pe- j
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 be thereafter allowed to en
gage as the agent or employe of any
licensee.
Sec. 18 That the laws of this State
governing the initiation of laws shall
apply and govern the circulating of (he
petition for calling an election as pro
vided for In this act, in so far ns 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 calling of an elec
tion. the number of qualified elect.us
in such county shall be determined by
the number of poll tax receipts i m il
by the Sheriff and Collector of said
county next preceding the time when
euch petition is filed.
1 Bee. 18. The word person, whenever
It occurs in this *ct.jmaygWPl»tion or'
to an individual, nrm,
corporation. „-uor whenever
Sec. 19. The word Section
It occurs in this aci, ex I inc.lude
1* of this act is inl.nd d to aident
and embrace alcoholic, llqUors, or
malt, splritous or iermcnted 1JQ f
any compound or preparalUon^ or
commonly called tonic.,
medicated liQUors. pMftv-nin® of
the State of trkan as of lSl^ct
ffi# StiPE*' or Vft) said O.H
other i:,w, and pa.'s of laws m con
tliet With the provisions of '^act aare
herehv repealed, and a l<nc. to
parts of ;.a o regulating or rela inR to
til, manufacture or sale of intoxical
in. li.i,,.,! in this State and "ot
conflict with some provision of tm
aet arc cumulative to this.act. and
this a * ' shall take effect and be in full
fore,- from and aft. r w«
The above proposed A< t »M
In the otnee of the Secretary of State
,T1Rncli" elector maj vote for or against
“vsk: .....
25th day of July. 1»1«. UAnrpS
rSeal 1 EAIU-E W. HODOES.
Secretary of State.
1
(Amendment No. 12)
PEOPOSED BY INITIATIVE
PETITION
Notice Is hereby Riven that the fol
lowing proposed Amendment to the < on
Rtitution of the State of Arkansan pro
posed by Initiative petition was filed in
mv office as required bv law and that
the same will be submitted to the quali
lied electors of the State of Arkansas
at 111e next general election t<* be held
cut Tuesday. November 7th. 1916, for
adoption or rejection.
rOB AMENDMENT NO. 12.
AGAINST AMENDMENT NO. 12.
Proposed Amendment No. 13.
"An Amendment to the Constitution of
the State of Arkansas, amending Sec
tion ;t. Article XIV, so that the Gen
eral Assembly may by general law au
thorize si h< < 1 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."
Bp It enacted by the people of the State
of Arkansas:
That Section 3. Article XIV, of the
Constitution of the State of ArKanase
be amended so as to read as follows
"Section 3. The General Assembly
shall provide by Rtnetal laws for the
support of common schools hv tuxes
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 pet capita tax of one dollar, to
he assessed on every male Inhabitant of
this State over the aj{e of tweuty-one
years Provided, the General Assembly
may by general law authorize school dls
trlcts to levy by a vote of the qualified
electors of such district a tax not to ex
ceed twelve mills on the dollar irianyona
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 propose I Amendment was
filed in the office of tile Secretary of
State on January 14th, 1 93 5.
Kaeh elector may vote For or
Against the above proposed Amendment
Witness my official signature this
25 th day of July. Ill Pi
EA11LE W HOUGHS.
Secretary of State.
(Seal)
(Amendment No. 13)
PROPOSED BY INITIATIVE
PETITION.
Notice Is hereby giv«rp ihat the follow
ing proposed Amendment to the Consti
tution of the State of Arkansas pro
posed by Initiative petition was tiled In
toy office as required by law and ttiat
the same will be submitted to the qual
ified electors of the State of Arkansas
at tlie next general election to tie held
on Tuesday, November 7th, 1916 for
adoption or rejection.
TOR AMENDMENT NO. 13.
AGAINST 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
tiie initiative and Referendum, and
for other purposes.
Be It enacted by the people of the Stats
of Arkansas:
That Section I of Article 5 to me
< (institution of the State of Arkansas
and Amendment No la thereto lie
amended so as to rear! as follows:
Section I 1., Kisiative authority of
this state shall lie Vested in a Legisla
tive Assembly which shall consist or a
Senate and a House of Representatives,
but the people reset ve to themselves fire
power to propose legislative measures
ln\\e re-elutions .and amendments to
the < .institution, and to . na. t or reject
the same .at tin- polls Independent of the
Legislative A--cmt,l>. and also reserve
the power, at their own option, to an
Pr"'-e o, reject ,1 tie polls H..V act
Item, section, ,,r am part ,.f any sec
tion nr measure passed by the Legisla
11vp Assembly.
The Hist power reserved by the peo
j’1'' K ,l" f'itrntiv. and tin- number of
vote, requir. 1 to Initiate any pe
i"ii thousand i in nun i and
no more 'hit no petition shall he held
inva id It 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 he tiled with the Secretary
ot State not less than four months be
..'11,11 nt wlild, tiiev are to
o*» votpu upon.
The second power reserved bv tiie neo
|’'r. 18 J1'" Referendum. and the number
C n". V' ", S '; '"■<>- *1 to sign and make
valid a referendum petition shall be
sev.-u thousand iT.uiiui and no more but
no petition shall he held invalid if if
should contain a greater number than
required 1 lie Illlng of a relVi, ndum pe
tlon against one or more Items, sections
‘.’ir r>!.1 "f any measure shall not delay
tiie remainder lmm becoming effective
that •, 11s nrf"t t0 hr Horn this
that all of an act may not he referred
Referendum petitions ag ,lnst measures
i;1,,'1 *•>.■ Legislative Vssembly
not lat'r t'l 'Vitl\,h‘ Sl'cr ctai V ot State
not later than ninety cm, davs after
!, fe'1 1“ of the session of
the Legislative Assembly at which such
tncasui eg Were passed, except when ad
joui nne nt shall be taken temporarily
ior a longer period Than ninety pro)
• lava in which 'ase such petitions shall
tie filed not later than ninety i9ih days
•after sue), temporary adjournment All
measures referred to a vote of the peo
pie l,\ referendum shall remain in abey
ance until such vote Is taken. y
If it shall he necessary for tiie nr.
servutlon of the public peace |,,.al*hP or
safeiv. that a measure ihall her ome’ef
fectlve without delay such necessity
shall tie stated in one section, and If
upon a v.-a and nay vote three fourths
1,1 Hie members elected shall Vuf.
upon separate roll call In favor of
measure going Into instant operation
such measure shall become -
Without delay. It Shall be necesfa^ ^
Stab the facts Which constitute sUr£
emergency Provided, however that an
emergency shall not be declared or, anv
franchise or special privilege or a t
creating any v.-sted right or interest or
alienating anj pi.. of the State rr
a referendum is m,..l against any emm
gemey measure, such measure shall he
a law until It is voted upon by the peo
pie mil it it Is then rejected hv u r.o.
Jiirity of tile electors voting thereon M
Shull be thereby repealed. The provi
sions of this sub-section shall also aDnis
to city councils 80