T
(Primary Elections)
ACT 'o.l
LI
*»
mm
PROPOSED in I \l»l ATI*
pi n
TION.
Notice 1b herebx uivi-n thnt the fol*
lowing Act proposed b initiative
petition was filed in nix nthce n re
quired by law. and that 11*“ :nn« will
be submitted to the qualified electors
of the state of Arkansas at the next
general election, to l»«* lo Id on Tues
day, November 7, 1911», for aCJopTton or
rejection.
FOB AC T
AGAINST
NO. 1
M I
NO. 1.
“An Act to Regulate Primary Elec
tions and for other puip*- * -
Be It Flnacted by the People or the
State of Arkansas:
Section 1. All organized political
parties selecting their candidate Or
office through primary .• 1. .• t i.■ ■ ■ Im .1
be subject to the provisom of llii a'1,
except in case of vacancies a hei ••in
after provided, and each party sh.s.l
pay the expense of i* own prim;*!)
election, except ns herein slip i wi.- t1
provided, and all primary election.' Or
the nomination of county, district and
ptate officers sltnll be iieltl on the same
day. ,
Provided, however, nominations ny
petition of electors tnay ennltnue_to be
made as provided in Section 2... of
Kirby's Digest.
Sec. 2. Tile primary elections of nil
political parti* shall h*- held on Uo
last Tuesday iti May preceding <he
general election. Special primary *'!*■■
tions ntav be called to till v..r;i**'i
and this law shall govern the same ns
far as applicable.
Sec. 2 There shall he chosen Jit each
primary election delegates to the
countv convention, and the menthols
of the County Central Commute. to
which each .lection precinct m city
ward Is entitled, and It shall '’. (he
dutv of the County Central i'ontrnitte.
to place on the primary ballots the
names of all persons nominated lor
delegates and commit t .—men. > here
shall be placed on the ballot * ; os mil
dates for delegates nnd eommitte. men
onlv such names a have been ni*mt
nated for such position bv petition <>r
not less than 10 qualified electors or
the precinct or ward, tiled ' "
secretary of the County ' entral ! °nl“
mittee on or before it meeting held ns
hereinafter provided r.n appointment
of judges and clerks of the primary
election: provided. If candidate- fer
such positions have not been nominat
ed by petition of qualified electors ns
herein provided, then the County ' en
tral Committee at its said meeting, for
the selection of fudge and clerks,
shall select candidates for delegates
and committeemen for all voting pri
clncts and wards where no nomina
tions have been made.
Sec 1 The Judges nnd clerks or
election shall he selected by the Coun
ty Central Committee at an "pen atm
public meeting of the committee, held
not earlier than one week before the
primary election, ten days written no
tice of the time nnd place of which
shall he given each member by the
chairman, vice chairman or secretary
of tlie committee, and In addition
thereto said chairman, vice chairman
or secretary shall publish not let* of the
time and place of holding -aid meet
ing In some newspaper of general cir
culation In the county. and where
there Is more than onp court district
In the county, said notice shall be
published in a newspaper of general
circulation in both districts. or in
newspapers of preneral circulation in
each district: and if there Is no new
paper of general circulation in any
county, or in any district of any coun
ty, the notice for said county or stud
district of said county shall he given
bv printed handbills, which the said
chairman, vice chairman or secretary
shall cause to he posted at public
places In each township or sm'ii comi
ty and of which hall ho at the place
provided for posting pnhlic notices at
the court house or other place at
wMch the said County Central Com
mittee 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 judtfe or clerk
fail to serve, and If neither the judpre
or clerk, nor his alternate, shall serve
then such vacancy in the selection of
judges and clerks shall he tilled hy the
factors assembled at the voting pre
cinct at $:30 a. in.
Sec. 5. It shall he the duty of the
neeretary of the committee to prepare
and have printed the ballots for the
primary election, and the order In
Wlite.h the names of the respective
candidates. Including persons nominat
ed for committeeman and delegates to
the county convention, shall appear on
the ballots shall he determined hy lot,
at 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
any other or different order from that
determined as hereinbefore provided,
or either of them shall knowinglv fail
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 oases of mis
demeanor under this act.
Sec 6. Any elector who shall till
the Judge that he can not read or write
or that by reason of any physical dis
ability he Is unable to mark hi- ballot,
may have the assistance of the Judges
In the preparation of Ids ballot, who in
the presence of the elector and in the
presence of each other shall prepare
his ballot for him as he wishes to vote,
but before nnv such elector shall he re
quired or permitted to tell for whom
he wishes to vote, fill nr Hn Hectors,
Including those in the booths hall be
requited to withdraw from the polling
room Said ballot shnll he prepared in
the following manner: One of the
judges. In the presence of the other
Judges. sltall read to the eleetor the
names of the respective candidates as
they appear upon the ballot, and the
elector shall then state for which can
didate he wishes to vote, whereupon
one of the judges, tn the presence of
all shall strike from the ballot all the
candidates for that particular nfflce
except the one for which the elector
votes: and If he does nut wish to vote
for any candidate for that particular
office, shnll scratch the names of all
the candidates for that particular office
ofT 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 shall
vote, and any judge or clerk violating
any provision of tljis section shall he
daerned guilty of a misdemeanor and
ahull be punished ns hereinafter pro
vided.
Sec. 7. Each political party holding
a primary election shall, on the first
Monday after the primary, hold n
countv 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
primary election and select delegates
and alternates to all conventions.
No Candidate for office, or offieehold
ler or deputv of an officeholder, shall
:pe eligible to membership on County
Central Committees or ns a delegate
to county or district conventions, or as
a Judge or clerk of any primary elec
<1<The selection of Ineligible persons
shall be void, and the vacancy filled as
; ether vacancies nre herein provided tc
'be filled. Vacancies in the delegation
ga convention, arising from death,
sence resignation or ineligibility
all be ailed by the alternates In th«
Jer of their selection, and In ah
I ifnce of alternates, by the remaining
members of th* delegation. ^J
In the Central Committee shall be nlb*a
by the committee. .
Sec. !). The judffos and clerks of tne
election shall make a duplicate reg
ister of the names of each and all trie
electors In the order in which they
present their ballots, placing: opposite
each name its number in the manner
prescribed in Sections 2811 to SMfi. in*
•lusfve, of Kirby's Dipest. The voting1
precincts shall be designated by the
Flection 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
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.
Kach 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 t<>
subscribe bis name, the same shall he
signed by’ one of the judges and at
tested by nil of said judges.
At the closing of the polls, the dupli
cate register of voters shall be signed
byT 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 Dountv
rVntral Committee, or the person or
committee designated by the (bounty
Centra! Committee at the meeting
held for the selection of judges to re
ceive said returns, ns soon as 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
the county', and where there is more
than one court district In the county,
then in the county clerk’s office of the
district whore the County' Central
Committee holds its meetings.
Sec. 10. The county clerk shall fur
nish the judges and clerks of election
with blank certificates upon which to
certify' the vote cast for each candi
date voted upon, and the judges and
clerks, when they complete the count,
shall make out such certificates in
triplicate, signed by the judges and
attested by the clerks, and immediate
ly post one copy thereof in a conspic
uous place at the voting precinct,
which «hal! remain so posted for 10
successive day’s 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 and 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 countv.
Pec. 11. The County Central Com
mit tee 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 pence 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 tmmodiatelv bring the
same to said committee, ff all returns
and ballots are not before the commit
tee by^ Friday noon, it may adjourn, un
til H receives them, not later than Sat
urday’ noon. The committee shall can
vass the returns, and when demanded
examine the ballots: may bear 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 ca^f
for each candidate, and shall certify
the result not later than Monday’ fol
lowing the primary.
Said committer* snail certify the
nomination of all eountv and township
officers, and shall further certify the
vote of all candidates for circuit and
district offices to the Circuit and res
trict Committees (including congres
sional districts!, and stud certifv the
vote for candidates for Ignited 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 be authorized by law. shall re
ceive the returns from County Central
Committees and canvass and certify
♦ he result thereof ns now provided bv
law. and said commit tees, or their of
ficers. shall, when ordered hv a Circuit
Court ns hereinafter provided, annul
the certHIcations made and make cer
tifications In accordance with the
judgment of the Circuit Court
The County Central Committee, im
mediately upon bn vine- canvassed the
returns and where demanded examined
the ballots, and upon having- certified
the results of the primary ns herein
reoulred. 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 said county where
there 1s more than one district where
the meetings of the Central Commit
tee are held, all the returns nil p- U
hooka, and all ballots, toe-ether with
all the poll tax receipts, all certificates
«.f payment of poll taxes, affidavits and
other documents received from the
1ud*res of election to he preserved hv
‘-aid county clerk, for the period of six
months, subject to the orders of nnv
court of competent jurisdiction, or i#
a contest is pending. until -aid contest
is determined, and the failure of the
county clerk to so preserve the said
returns, poll hooks, ballots and docu
ments acrompanvimr same, shall he a
misdemeanor and punished by fine and
imprisonment as is provided for other
misdemeanors under this act.
Ttio Count v Control Committee oh oil
deliver thf. ballots to tho county clerk
In the ballot boxes of the respective
voting precincts locked nnd sealed, and
‘hall take the receipt of the clerk
therefor. and the clerk shall not un
lock said ballot boxes or break tbe
seal thereof except upon order and di
rection of the court havintr lurisdle
tton over contest : as provided in this
act, and lie shall keep said ballot boxes
In a vault, if there is a vault of suffi
cient capacity In tbe court bouse; oth
erwise In a room under bis control
under lock and key \t the end of
six months, if no contest is pendincr
Involving the Inspection of said bal
lots. the county clerk shall, in the
presence of the chairman and secre
ta'-y of the County Central Commit
tee. or a committee of n„t less than
three persons appointed hv the Coun
tv Central Committee for that purpose,
open said ballot boxes, and without ex
nmln'nc- tbe ballots burn the same, nnd
take from tbe chairman and serretarv
of the County Central Committee 0r
the witnesses designated hv the c'oun
»y Central Committee, n certificate
showing tl\e facts In connection With
the burning; of the ballots, and file the
same as a permanent record in his of
fice, and he shall thereupon return to
the County Central Committee the bal
lot boxes.
Sec. 12 A right of action Is herchv
conferred on any candidate to contest
the certification of nomination or tin
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 or a county or township
office, in th> Circuit Court of the coun
ty: and if for a circuit or district of.
flee, 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.
The complaint shall he supported hv
the affidavits of at least 10 reputable
citizens, and shall he filed within 10
days of the certification complained of.
If the complaint is against the certifl
ration In one county, and within -U
days If against the certification In
more than one county. The complaint
shall be answered within 10 'toy*
If the complaint Is sufficiently defi
nite to make a prltna facie case. >"*“
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
case. 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 anothei
judge in exchange to sit In other j
courts, or vacate the bench in other
courts and cause a special judge to be
elected to hold the same; and the ses
sion of the special term to hear such |
cases shall not interfere with the va
lidity of other courts proceeding at
the same time in said circuit.
The cause shall he tried by the cir
cuit judge in open court, without a
jury; an appeal may be taken front
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
Gourt 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 offi
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 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 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 i.* in session or will con
vene within 30 days. If the charges
come In a regular term, the judge
shall specially charge the 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 he 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 jurors. Should In
dictments he 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 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.
NTo 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 a fair and im
partial trial In I he district of the
county where said indictment Is pend
Inf?.
Son. 11 Should It be proved to the
satisfaction of the trial judge. In a
case instituted under Section 12. or a
prosecution a? contemplated hy Section
13. that a successful candidate has
been f?uilty of violating- any provision
of the eorrupt practices act, or any
oilier violation of the laws regulating
primary elections, the Circuit Court
si II enter such finding as a part of
tile 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 hy a special pri
mary or otherwise, ns may he deter
mined hy the party organization.
Sec. IS. 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 as the nominee of the
party, and It is determined that he
was not entitled to the nomination, or
the judgment contains a finding that
he violated the laws, a.« provided in
Section II, 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. IS. No person shall he 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 hy law to
entitle him to vote at the succeeding
general state election. Such other ev
idence shall he:
(a) A copy of such receipt duly cer
tified hy 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 f?l of Act 320 of the Acts
of ioon.
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 1“ here declared to mean
between the ■ -nd Monday in May
and the second Monday in September
of each year, and possi sses 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 he per
mitted to vote.
All such or1iriri.il and certified copies
of poll tn X receipts find written affida
vit- hall he 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 their regular list of voters,
make an additional list upon their poll
hooks of all sticli persons permitted hr
them to vote, who-u name- do not ap
pear on tile certified list of poll tax
payers, and such poll books have a
separate paste for the purpose of re
cording names of such persons.
It shall he the dntv of each elector,
•it the time of payment of his poll tax.
to stale, and it shall hi the duty of
the collector to l-eee.rd and certify In
his reeeint evidencing the payment of
such noli tax. tin color, residence,
postoffiee addre-s (rural route, town or
street address), voting 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
-hall not he recognized hy the Judges
of election: provided, however, it shall
not he necessary to state or have cer
tified the street address of any such
pi i on in cities and towns where the
numbering of houses I not required
hy the ordinances thereof.
The certified lists required hy Sec
tion s of Act 320 of the Acts of
shall contain. In addition to the name
of the person pavink such poll tax. his
color. residence. postoffiee address
(rural route, town nr street address
where hy ordinance the numbering of
houses Is required), the school district
and voting precinct, and such list shall
he arranged in alphabetical order, ne
lordinp to the respective voting pre
cinct- The county election commis
sioners shall supply the Judges of pri
> 11 •elections with printed copies of
such li-ts.
!' r each error rendering void the
poll iax receipt, in the transcribing,
certification or printing of the names,
color residence, postoffiee address,
school district or voting precinct of
■ •p h persons, the collector, clerk or
printer making the same shall be ns
• • d the sum of one dollar ($1.00).
which sum or sums shall he deducted
from any sums due such officer or
printer from the county when settle
ments are made with such officer or
printer, and the enforcement hereof is
made mandatory upon the County
Court.
Tb* auditor of state shell ,h4V“ lh,.
poll tax receipts required by L»w 10
furnished by him to the collectors so
printed as to conform to the requir
ments of this act.
In any contest arising upon an
election held under this art. It shall
a ground of rejection of any hallo
rast by an elector, whose name
does not appear upon the certified lls'
of poll tax payers; or <b) who has
not filed with the judges of election
his original or certified copy of poll
tax receipt, or written affidavit of tne
attainment of his majority; or (c) It
such original or certified copy of stien
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. IT. That all laws or rules of
political organizations holding primal >
elections providing for contept before
political Conventions or committees
other than the proceedings herein
provided shall be of no further force
or effect.
See. IS. 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. 19. That the primary election
shall be conducted In conformity with
this act, 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
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 Pigest or
Sections 1, 3, 5, C, 7. 8 and 10 of Art
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 x$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 ns 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 pood 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.
(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 hv 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 he
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 2G, 1216.
Each elector may vote for or against
the above proposed Act.
Witness niv official signature this
25th dav of July. 1916.
[Seal] K A TIKE W. HODGES.
Secretary of State.
(Local Option)
ACT No. 2
PROPOSED nv 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 AC T NO. 2.
AGAINST ACT 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 ajid 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, 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 rent of the
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 llrensi shall he Is
sued for the sale of alcoholic, vinous,
malt, spiritous or fermented liquor.- .,r
any compound or preparation thereof,
commonly called tonics, hitters o> med
icated liquors, and when such petition
Is filed with the Bounty Clerk of the
county, the County Judge of said court -
tv shall, within ten days, make and
cause to be published an older calling
an election, at which election the ques
tion of “For License" and "Against Li
cense” shall he submitted to the qual
ified electors of aid county for their
approval or rejection, provided that
said petition shall ho neromparih d by
n bond to be approved by the (V.imlv
Court, in the sum of one thousand
i SI,000.00) Dollars, to secure the » , t
Incurred In the holding of such elec
tion. and the cost shall no fixed by the
sfm
elco
>n of
shall
da vs
tfter
amounts now allowed by law for
liar service In holding a general
tion in this State for the electh
State officers.
Sec. 3. The election so called
be held not less than th»r?r r»n)
nor more than sixty (60) davs
the date of the order railing same and
hall he held under the direction of the
County Board of Election Commission
er* for the said county. In the man
ner provided by law for the holding ,,f
general elections in the State for the
election of State officers, insofar as
Bo same may he applicable The
Chanty Board of Election Commhdi.n
* rs shall, within five (B) days after the
election, certify the result of said eh c
tion to the County Clerk, who shall
without delay, cause the same to be
recorded In his office and publish, d
Sec. t. If a majority voting In -ald
election have voted 'For License.” the
County Judge of said county shall then
Issue a license for the sale of anv
alcoholic, vinous, malt, spiriious or
fermented liquors, or of nn\ ...
preparation thereof eomrnonlv cnll
1 ’ tonics, liltters or medicated liquors
within the limits of said countv and
subject to the restrictions and regula
thins hereinafter mentioned: and the
•ale of sueh alcoholic, vinous, malt.
spiritous or fomented l.ouor.. ^r.any
compound or ^r ^,*hitlprs <>r tned
sssnS^Sg
except to a citizen of this staw (J1)
tions filed foi ‘nrovi*ions of
sued according t0 , ,^p slulil issue
this act. the County Judge snai
license to the person or persons d
suitable as to tnoral aracte^ ^
ability to properly cotiuuci
"'no license shallbe hssued for the
sale of liquor except in a city
incorporated town- ritv
kss-m =«>«;s™ sr :i
\:zt
v^sjsrs^t^iussi
next preceding •*« a nf
are Issued may be used • census
population. If no such otllc a * «f
has been taken, the latcsr estimates
the United State* Census l.ureau sna
b0NoSi'leenseashaU authonlze the sale of
liquor on Sunday, or days on whichan
State, county or municipal election l.
being held, and no licenses■ Issue shan
authorize the sale of any I
fore 5 o’clock a. m. and after 10 p. tn.
on any day. , ,
Licenses shall not be granted to am
applicant who Is in any way interest
ed In the business conducted at any
other place where intoxio.ating liqt
are sold or k.-pt for sale as a bever
age, nor shall such license be K ran ted
unless the applicant or applicants are
the onlv persons in any way pecuniar
ily Interested in the business for which
the license is sought, and no other
person shall he in anv way Interest*1
therein during the eontinuance of the
license. If such interest of such per
son shall appear, the license shall he
two
and
sha II
in a
deemea revoaea. .
No person holding a license shall t>e
authorized to soli any liquor to a tui
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, partner-hip,
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 flvu (5) of
this act; and no person shall after
wards he made manager who does not
possess like qualifications.
Sec S 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
j 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
n bond for his faithful compliant.- with
same. The said bond shall be in the
sum of two thousand i $2,000.00) dol
lars, payable to the Slate of Arkansas,
for the use and benefit of the general
revenue fund, and shall he signed by
the applicant and two other responsi
ble citizens, to 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 he of
kinds, to-yvit: Itetail license
wholesale license. Ketail license
be issued for the sale of liquor
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.
See. 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 ($200,00) as a State tax for the
general revenue fund, and two hundred
and fifty ($250.00) dolllai J for the eoin
mon school fund, and 2 p< r rent upon
the amount paid as Collector's fee and
two < dollars for each Keens*- for
Clerk’s fee. Before any wholesale li
rense shall he issued under the pro
vision of this act tlu-re -•hall likewise
he paid to the Collector of the county
wherein such license is procured four
hundred ($-100,00) dollars as a county
fax and one hundred and fifty ( $ 1.10. (’ ) >
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 rent upon the
amount paid as Collector's fee, and
two i $2.00) dollars for each license for
Clerk's fee.
Sec. 0. The fees and taxes mentioned
in Sietion 8 shall authorize the sale
of liquor thereunder for a period of
one year from the date of th. I- nance
of said license, or until tlo- authority
to -ell has been rr-j* *-ted In vote of
the people as provided for in this \ct ■
and no other tax or tv, shall he im
posed, provided any city *>• Incorpo
rated town, wherein such license Is
procured, may impos. a tnx and fro
not exceeding th* combined amount of
State and county taxes and fees.
"ec. 10. When the issuance ’ of II
eeti.-. has once been authorized In the
county as provided for in this a< t. the
question shall not again he voted on
within a Period of less than two 1°)
years front the date of th- last prr.-ed
lnc election on said question.
See. 11. Any person who grows
■ tint, grapes or berries in thi- State
rmiv rnako win.- or brands tb.r.nf .,'nd
'•1 the Nani*- without lb-.to,. Su, h
manufacture and Nab- is hereby mad,,
lawful, provided th- same h.
original packages containing
than five (5 ) gallons.
■ sold in
not less
mi
this
pro
u. rh<‘ ma nu fa ft u r»*r of „]co
V/*'- ',in‘,l,s' Ur.alt nr fermenter,
[n ;inv "’>"'»>• in this Hint,. In
whnh the I.Hsmtin nf than e j.
thorlzed under the provision- ,,r
nu shall in- lawful, and rm- „,me
h!' ,sol'l “Ubjent to the for egolmr
visions of this art.
to^iv.. Vr • Sh,tl1 n"’ b" Unlawful
to ute to an; person, except to „ ....
°9P‘;r 1h4abit''al ‘Ounkt.rcl. any II,,nor.
Th0 "‘•‘fleet, failure or re
, al * any P‘*«-on or I.lllria! to !>»■»•.
fuirri any net or duty Itnpos, ,| |u ,lMV
provision of this net hall .,,n .Minle
a felon.r, an,] upon conviction thereof
sneh person or official shall I
eil guilty Of u felonj and
'he State penitential y f,
°n»* (1) year.
t'1 1 1 ’■ Any p, i. on who shall v|„
late any of the provisions of n.: .
relating to the manufaeture ,|,
trivial away of any Ih.uor, as defined
> .t, shall he deemed guilt v of
'tnd upon conviction
diall he subject to
Tfl;’n °*t«* Inimlj .-tj
nor tnore than
deem
lliifii isoned III
*f a period of
In thi;
a misdenieanot
for the first offen, ,
a fine of not less
< SIOO.OO) dollars
ttivee hundred ($300.00} dollars oe i
prisonmerit in the count v j,i r! ,
rind of ninety days, or I,v hot, Se'
and Imprisonment; and for th. ' lr".'
o-Teroe Shan h.. imprismm,h ,r ;;;;
county Jail six months, and hi- ,
lr '' elise... hall be | nulled a t v '
vokid: and no person eonvieied on "a
Second offense shall ever th. . ra c
—"I unde, the provision's'
net. nor he thereafter allowed to
Hcensee. nK"ht or ""‘rdoye „f
See. u That the laws of this o,. ,
governing the initiation of
npplv and govern the cireutntine , r
petition for railing an election,'. f,lb"
vlded for in this net. in ,0 ; v!.'‘
same may be applicable. ,hp
See. 17 For the purpose of deter
mining when ten (JO) ner e„J 1 "r
«•z\yotuis
♦ ion. the number of quaUfied
«n
nnv
petitioned for
tion, the nuniuvr nr i
in such county shall be r eVc
the number of jio|| t„\ ...... .,,ln"*‘d by
by the Sheriff and ^oi im 'r
county next preceding the iL 1,1
*uch petition is tiled. ' n"‘ "ben
Sec. IS. The word person, whenever
jrs tn this act, may apply
Individual, tii m, Maociatl^S
atlon W
liquor, wheat
It occurs tn this act,
to an
corporation
3«c. 19. The word „„„
it occurs in this act, except in ser.,, '
12 of this act. Is intended to tnii!?
and embrace alcoholic, vinous, ard *
malt, spirltous or fermented liquor*
an) compound or preparation ther 2
commonly called tonics, bitter*'0'
medicated liquors.
Sec. 20. That Act N’o. Plfty-ni„0 ,
the Acts of the General Assembly 0
the State of Arkansas of 1913 ’ *
proved Fchrmrry 17, 1913. and Art
Thirty of the Acts of 1915 of said of®
c l A cmbly, approved Kebi uarv*1
1915. ai' hereby repealed. That!;
other laws and parts of laws in *
diet with the provisions of this art
hereby repealed, and all law*
parts of laws regulating- or n-latln,,
da manufacture or sale of lntoxlr 'S
Ini. liquor in this State, and not
conflict with some provision of t
net. are cumulative to this act
this .0 I hall take effect and be ,
force from and after ?rs passage
The above proposed Act was «i
In the office of the Secretary of *1.,
on July fi. 1916 ut<
Kneh elector may vote for or »**u ,
the above proposed Act. ™
Witness my official signature nL
25lh day of July, l»ifi. n*
[Seal] EARLE W. HOtKJEs
_Secretary of State.
(Amendment No. 12)
PROPOSED BY INITIATIY1
PETITION.
'♦•th .■ is hereby Riven that the f»i
lowing proposed Amendment to th. pw
stltution of the state of Arkansas
posed liy Initiative petition was filed i.
niv ofliee as required tiv law and
the same will he submitted to the quail
tied elector* of the State of Arkaniu
at tiie next general election to b« hdi
iui Tuesday, November Tth, 191t. ?!
adoption or rejection, ' ™
FOB AMENDMENT NO. 13.
AGAINST AMENDMENT NO, lg.
Proposed Amendment No. la.
An Amendment to tlit* Constitution*
the Stub "f Arkansas, amending geo.
tion Article XIV, so tliat the Get
eral Assembly may by general law *j.
thori/- load districts to levy by,
vote of the qualified electors of sucj
district a tax not to exceed tvela
mills on the dollar in any one year for
school purposes."
Ite it enacted hy the people of the state
of Arkansas:
That Section 3, Article XIV, of the
('•institution "f the State of ArlunM
tic amended so as to read as follow*
Section 3 The General Asseptxj
shall provide by general laws for tki
supp rt of common schools by in*
which shall never exceed In any one yu;
three mills on the dollar on the tan
hie property of the State, and by u
annual per capita tax of one dollar, a
be ass- sseil on every male Inhabitant a(
this State over the age of twenty-om
'.cars Provided the General Aaxeabiy
may by general law authorize school in
triets to hay by a vote of the qualUM
electors of nil district a tax not ton
•eed twelve mills on the dollar Inanjrou
• nr for school purposes Provide!
further, that no such tax shall b* ap
propriated for any other purpose nor It
any other district than that for wild
it was levied.”
The above proposed Amendment wu
Hied in the office of the Secretary o(
State on January 14th, 1915.
Kui h elector may vote For ot
Against the above proposed A no-nd in eat
Witness my official signature this
| 25th day of July, laid
EAltl.B W. HODGES,
Secretary of Statt
• Seal)
• Amendment No. 13)
PEOPOSED BY INITIATIVE
PETITION.
Notice Is hereby jflVm’ hat the follow
Ins proposed \mendmerit to tIi*» Consti
tution of the State of Arkansas pro
posed l>y I nitlatH e petition wan filed ts
my office ax requited by law and th»t
tile s.irm will be submitted to the qutl
if- 1 electors ot the State of ArkantW
at the next general election to be held
on T-.n 'day. .S’ovi mber Tth, lit It, fat
adoption or rejection.
FOR AMENDMENT NO. 13.
AGAINST AMENDMENT NO. 13.
Propos (1 Amendment No. 13.
Amending Section 1 of Article 6 of the
Constitution of the State of Arkan
i , and Amendment So. 10 thereto
defining and enlarging the power* of
tl.i Initiative and Referendum, and
for other purposes.
I' t fed v the people of the Statt
of Arkansas:
i at >. no. i of Article & to tnt
Cot tit it tion ..f the State of At katisai
a I 'intendment No 10 thereto bt
amended so ax to read as follows
Sei tl"ti 1 Iglslutivr authority of
Stab- hull he vested In a Lngtala
■jVl 1 erubly whl' h shall consist of I
S'! t. a ; i Mouse of Itepresentatbei
I " tin ■ ople n "He to themselves fht
bower til prop... legislative measure*
iti ■ ind ainendineiiti tc
" Con.:| itutloii, ami to enact or reject
II ■ same it tli- polls independent of the
I • i d itive etnhly ; and also reserrt
• I'e p"wet at their own option, to ap
I "" I ot reject at the polls any act
’im. Section or any part of any *eo
ot "i in. i- ire passed hy the I.cglsla
tlye Assembly.
he ti? i power reserved by the peo
He 5 tli. It itiative and the number of
h d of*■ i required to initiate any P*‘
t. i thousand i 10.000' and
nun. tut no petition shall he h*M
■ add d it should contain ti greater
' umbel an leipiired, and every such
I'tltlon xl all Include the full text ot
tie measure so proposed. Initiative p*‘
Ida.I" 'ball t. tiled with the Secretary
' ! State i.i.t i. x than four months be
f ua the eb.i tj„|, at which they are to
be voted upon
! hu v * ..nil |inwct reserved t»v the peo
ph i tin- l|et'eretiiluni. and the number
ot !• ra| \ nti i eipiired to xIkii and malt*
v* 1 i<I a refen-ndimi petition shall be
"'ei t < , iml (7.0001 and no more, but
bo petition hall be liebl Invalid if I*
Humid mu t 11 a a greater number than
"■'tulreil The filing; of a referendum pe
hoi. i c r 1 in i- or more Items, section*
"r i ait "I my measure shall not delaf
il>e remainder from becoming effective
*>nt it not to he understood from thu
111.11 all of an net may not he referred
Uefeiendum petitions agalriHt measure*
I - d l,\ the le gislative Assembly
"ball le :.lei| with die Secretary of Stat*
ll,'t !ai. i tli in ninety (00> days after
'be final adjournment <>f the session ol
"U lu-Kislative Assembly at which such
measures were passed, except when ad*|
ioiiMinieiit shall he taken temporarily
lor a longer period than ninety <J
days in whieli t ase Hitch petitions shall
Hied tml later than ninety (1*0) day*
-'■ter sin li ii inpoi.it v adjournment All
measures referred to a vote of the I>«°‘
Ph- hv i ef.-rendurn shall remain In abet
ale» until sueli vote is taken
II it all he necessary for the pi**'
sers atlon of the public peace, health, of
"of' * tl at a measure Altai! become ef
1«sV <• Without delay, such necessity
"ball be stated Iti one section, and a
up'ot i via and nay vote three-fourtn*
* all the members elected shall v°l*
.separate loll call In favor of the
measure aoing Into instant operation.
M"'h un isure shall become effective
Without delay. It shall lie necessary to
“'ii. the facts which constitute such
emergency Provided, however, that an
‘ ""-'-'.-m \ Shall not la- declared on a"!
franchise or special privilege or »c*
'' 'tin any vested light or Interest of
: 1 e-natlng any property of the State If
;l " !' lemlinn is llled against any enter’
gettery measure, such measure shall b*
'-iw until It Is voted upon by the P*0
:*nd if it is then rejected by a m**
J'"lt.v of the electors voting thereon J*
bull he thereby repealed. The provl_
* ions of this Kub-aei tlon shall also app*l
*o city councils.