••nee of alternate)* by the remaining
fneir.bcre of the delegation. Vacancies
in the Central Committee shall he filled
by the committee.
Sec. 9. The judges and clerks of the
election shall make a duplicate reg
ister of the names of each ar.d all the
electors ln^ the, order in which they
present their ballots, placin.tr opposite
each name its number in the manner
prescribed in Sections 2811 to 281ft. in
clusive. of Kirby’s Digest. The voting
precincts shall bo designated hv 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 (10ft) 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
tlnue 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 bottem thereof at a place
which shall be 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 by all of said judges.
At the closing of the polls, the dupli
cate Register of voters shall be signed
bv the judges and attested by the
clerks. One of said registers of voters,
the returns, poll hooks and ballots
shall be delivered hv 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 fhe selection of judges to re
ceive said returns, as soon as pnssihle
after the count is completed, and the
other register of voters, together with
one of the certificates required under
Portion 1ft of tills act shall he filed by
them at the time thev deliver the re
turns to the Count v Central Commit
tee. In the office of the county clerk of
the county, and where there is more
than one court district in the county,
then in the countv clerk’s office of the
district where the County Central
Committee holds Its meetings.
Pe<# 1ft The countv elerk shall fur
nish the judges and clerks nf 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 vot Ing nrecinct.
which shall -remain so posted for 1ft
successive days thereafter, deliver one
cop v to the county clerk, who shall
file the same, and return the other
copy with the ballots and one copy of
the poll hooks and register of voters
to the County Central Committee The
expense of preparing said certificates
and filing same shall he borne from
the general revenue of the count''.
Sec 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 he de
livered to said committee as hereto
fore provided on or before said time.
Tf the returns and ballots of any
preclnet are not then delivered, the
committee shall send nnv 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
ma v be. and Immediately bring the
same to said committee. Tf all returns
and ballots are not h#>fore the commit
tee bv Friday noon, it mav adjourn un
til It receive*? them, not later th »n Sat
urday noon The committee shall ran
vass .the returns, and when demanded
examine the ballot®: mav hear testi
mony, If offered, of fraudulent prac
tices and Illegal vote*. and mav rant
out Illegal votes, fraudulent returns,
and find the true and legal vote east
for each candidate, and shall certify
the result not later than Monday fol
lowing primary.
Said committee shall certify the
nomination of all county and township
officers, and shall further certify the
vote of all candidates for circuit and
dtotrlct office* to the Circuit and T>ls
tilct Committees (Including- congres
s'mal districts^ and shall certify the
vote for candidates for United State*
Senate and for nil state offices to the
pfafe Central Committee
The State Central Committee and
Pfetrlct and Circuit Committee*, or
other committee* or conventions a* are
O’* mav he authorised by law. shall re
c |ye the return* from Countv Central
Committees and canvass and certify
the result thereof a*? now provided hv
h#, and said commit tee*, or their of
ficers. shall, when ordered hv a Circuit
Court hereinafter provided, annul
t>>c certifications made and make cer
tlflcat|ons In accordance with the
Judgment of the Circuit Court
The Countv Central Committee. Im
mediately upon having canvassed the
Hurn« and where demanded examined
the ballots, and upon having certified
the easults of the primary as herein
reonlred. shall, and it Is hereby made
obligatory upon It and its chairman
and secretary, to flip In the office of
the county clerk of said countv. and
In the district of said countv where
there |s more than one district where
the meetings of the Central Commit
♦ ne are held, all the returns, all poll
horjV*. and all haltof*. tocefher with
pH the poll tax receipts, all certificates
of payment of poll tfcves. affidavits and
o*her documents received from the
j^d^es of election to he preserved hv
add countv clerk, for the period of six
mopths. subject to the orders of anv
court of competent jurisdiction, or If
a content Is pending. until ‘-•aid contest
1* determined, and the failure of the
countv clerk to so preserve the said
returns, poll hooks, ballots and docu
ments prcompnnvlmr «arne. shall he a
rv»|pde»neanor and punished hv fine and
Imprisonment as Is provided for (fther
mtsdemennors under *hls act.
The Countv Central Committee shall
deliver the ballots to the rountv clerk
fn the haltot hoxe® of the respective
voting nreclncts locked and sealed, and
oh a 11 take the receipt of the clerk
therefor and the clerk shall not un
lock «ald ballot boxes or break the
seal thereof except upon order and di
r^tlon of the court bavin0* jurisdic
tion oven contests as provided In this
pet and he shall keen said ha Hot hove*
In a vault. If there Is a vault of suffi
cient capacity In the court house: oth
pov|op In a room under hls control
under loek and key. At the end of
six months, If no contest Is pending
t'evolviog the Inspection of said bal
lots. the county clerk shall. In the
presence of the chairman and secre
tary of the County Central Commit
tee. or a committee of not less than
three persons appointed bv the Coun
tv Central Committee for that purpose,
open °ald ballot boxes, and without ex
amining the ballots burn the same, and
tni-A from the chairman and secretary
of the County Central Committee, or
the witnesses designated by the Coun
tv Central Committee. a *^rtIflcate
showing the facts In connection with
the burning of the ballots, and file the
same ns a permanent record in hls of
fice. and he shall thereupon return to
the County Central Committee the bal
lot boxes.
Rec. 1?. A right of action Is hereby
conferred on any candidate to contest
the certification of nomination or the
certification of vote as made by the
Coupty Central Committee.
The action shall be brought In the
Circuit Court. If Tor the office of rep
resentative or a county or townsh’n
office, in the Circuit Court of the coi
tv; and if for a circuit or district of
fice within any county In the circuit
or district wherein anv of the wrong
ful acts occurred; and If for United
States senator or state ofTIce. 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 certlflcation complained of.
If the complaint is against the certlfl
cation In one county, and within 20
day* If against the certification in
: more than one county. The complaint
i shall he answered within 1ft days,
ff the complaint is sufficient^ defi
nite to make a prhna facie case, the
I judge shall, unless the Circuit Court in
which it is filed is in session or is to
convene within 3ft days, call a special
term, which shall possess the powers
of a court convened i?> regular term,
and shall proceed at onee to hear the
<’* hp. It the case comes in regular
term it shall he given precedence, and
he speedily determined. The judge
may adjourn other courts in order to
he. r su< h caTses, and may rail another
judge in er.hange to sit in other
courts, or vacate the bench in other
courts and cause a special judge to he
elected to hold the same; and the ses
‘'"ion 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
cult judge in open court, without a
Jury; an appeal may he taken from |
the judgment, provided, however, that j
the appeal shall not operate as a su
persedeas. by judicial order or other
wise, and the judgment of the Circuit
^ourt shall, until reversed, be obeyed
by political committees and their of
ficers and all election officers: further
provided, il shall be the duty of the
Supreme Court to advance the hearing
of any such appeal.
The Circuit Court, or, when neees
sarv, 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- f
Ish the fa i hi re of any such officers to
obey the mandamus by imprisonment
in the county Jail.
Sec. 13. Should 1ft reputable citi
zens of any countv file a complaint
with the circuit judge within 2ft days i
after a primary election, alleging that ■
illegal or fraudulent votes were cast, j
or fraudulent returns or certification
made, or the corrupt practices act vie- ;
lated. the circuit judge shall. If In his ;
opinion there is good ground In be
lieve the charges to he true, convene a
special term at once, unless the reg- (
ular term Is in session or will con
vene within 3ft days. Tf the charge®
come in a regular term, the judge
shall specially charge the Gr?nd Jury
as to them. Should a special term be
called, it shall in all respects •e as if
convened by law. and the circuit judge
shall cause to he summoned grand and
net it jurors, either on lists selected hr
the jury commissioners or by the sher
iff, or hv disinterested persons select
ed hv 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 law’s, the defendants
*hal! he given speedy trial at said
*erm (and the court may adjourn terms
of other courts in order that they may
tried), unless for good cause shown
or in the Interests of justice a contin
uance nr change of venue he granted.
NTo change of venue shall be granted
in suoli cases except after a bearing
and a finding hv the court that the do- I
fondant e*n not obtain a fair and im- ,
partial trial in the district of (he
county where said Indictment is pend- !
Ing.
Sec. 14. Should it be proved to the
*at isf act ion of the trial fudge. In a
case instituted under Section 12. nr a
prosecution as contemplated bv Section
13. that a succes fijl candidate has
beer» guilty of violating any provision
of the corrupt practices act. or any
other violation of the laws re Tula t i np
primary elections the Circuit Court
shall enter such finding as a part of
the judgment. Irrespective of the de
termination of the Issuer Ip 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
i nancy shall he filled by a special pri
mary or otherwise, as may he deter
mined bv the party organization.
Sec. 15. Should a proceeding under
Section 12. or a criminal prosecution
und'*r Section 13, he not determined
♦inn IIv 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 fhat he
was not entitled to the nomination, or
♦he Judgment contains a finding that
he violated the laws, as provided ir*
Sect ion 1 i. then such iudgnient shall
operate as an ouster from office, and
the vaennev In it shall he tilled as
provided by law for filling vacancies In
nch office in case of death or reslgma
t i o n.
Sec 15. No person shall he allowed
to vote nt any prlmarv election held
under the law a of this state, who shall
not exhibit a poll tax receipt, or other
vidence that he has paid ♦•is poll tax
within the time prescribed by law to
entitle him to vote at the succeeding
general state election. Such other ev
idence shall he:
fa) A copy of such receipt duly cer
tified hv the clerk of the (’ountv Court
of the county where such tax was
paid.
(h) Or. such person's name shall ap
ooir upot. the list reunited to be cer
tified to the fudges of election by Sec
♦ ion three (3) of Act 330 of the Acts
of 1000
Or. if anv person offering to vote
-'hall have attained the age of 21 years
ince the time of assessing taxes next
preceding such election, which period
f assessment lc here declared to mean
Act ween the second Mondav In May
■ nd the second Monday in September
tf each year, and possesses the other
ipcoss.'tv qualifications, and shall sub
mit evidence bv written affidavit, sat
isfactory to the judges of election, es
tablishing that fact, lie shall be per
nlfted to vote.
All such orljrfnal and certified conies
.f pell t n x receipts and written affida
its shall be filed with the Judges of
lection and returned by them with
‘heir other returns of election, and the
aid judges of election shall, in addi
tion to their regular list of voters
make an additional 11 -1 upon their noil
•>ooks of all such persons permitted hv
♦ hem to vote, whose names do not ap
pear on the certified list of poll tax
on vers, and such noil hooks have a
•eparate pn^e for the purpose of re
cordin'’- names of such persons.
Tt shall he the duty of each elector.
>t the time of navment of his poll tax
♦ o state, and it shall he the do tv of
he collector to record and certify in
fc- receint evidencing the payment of
urh poll tax. the color. residence.
• ostoffice address < rural route, town or
treet address),, voting precinct, and
chool district of such person at the
*ime of the payment of such tax. and
nil poll tax receipts net containing
•nch requirement- shall be void and
•ball not be recognized by the judges
if election: provided, however, it shall
•iot be neeessarv to state or have err
‘ifled the street address of any such
oer*on In cities and towns where the
numbering of bouses is not required
hv the ordinances thereof.
The certified lists required by Sec
tion 3 of Act 320 of the Acts of 1000
shall obtain. In addition to the name
, nf the person paying such noil tax. his
color. residence, postoffice address
(rural route, town o? street address
where hv ordinance the numbering of
houses Is required), the school district
and voting precinct, and such list shall
he arranged In alphabetical order, ac
cording to the respective voting pre
cincts. The county election cormnls
sloners shall supplv the judges of prl
m«rv 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.
I color. residence. postoffice, 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 shall he deducted
from anv sums due such officer or
printer from the county when seMle
! yrients are made with such officer or
printer, and the enforcement t\ereof Is
[ made mandatory upon the County
Court.
rMA-'tfmttulU
The auditor of state shall have the
poll tax receipts required by law to be
furnished by him to the collectors so
printed as to conform to the require
ments of this act.
In any contest arising upon any
election held under this act, it shall be
ft ground of rejection of any ballot
oast by an elector, whose name (a)
does not appear upon the cert 111 eel list
of pol) tax payors; or (h) who has
not filed with the judges of election
his original or certified copy of poll
tax recelnt, or written affidavit of the
attainment of his majority: or (c> if
nn h original or certified copy of such
on 11 fax recount or written affidavit has
not been returned by the judges of
•»lert|on: or Ml the name of such per
son listed separately and certified as
required by this ac1
Sec 17. That all law*? or rules of
political orga nira t.lons holding primary
elections providing for contest before
ooiitical conventions or® committees
ither than ttie proceedings herein
provided shall he of no further force
or offerf.
Sec. is. That this net shall govern, so
far as applicable, primaries in cities,
towns and townships when primaries
■ire held for the nomination of city,
town or township officers.
Sec. 19. That the primary election
^ball be conducted in conformity with
his art. and the general election laws
~>f the state, and they shall be to all
intents and purpose ; 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 net does not re
peal Section **897 of Kirby’s Pigest or
Sections 1, 3, 5, d, 7. 8 and 10 of Act
1 fir, of 1 r»no.
Pec. 20. That all violations of this
act shall he misdemeanot s and shall ho
punished by fine of not less than one
hundred dollars (1100.001 nor more
than five hundred dollars ($500.00),
and by Imnri.onment In the county
Jail for not less than thlrtv f30) days
nor more than twelve (12) months.
That the following: shall he 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) Know indy receiving1 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 f.‘«lth abandon
ing previous political affiliations.
fd) 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 bv the
judges and clerks
M) tflvin? or receiving monpy or
anything of value to influence a vote.
(.1) Tii o willful violation of any other
provision of this not.
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 he pummarlh’
tried hv the circuit judge. and should
he find that said clerk had wrongfully
failed to ooninlv with the duties here
in required of him. he shall at once he
removed from office.
Sec. 22. That all laws and ports of
laws in conflict herewith be, and the
same are hereby repealed.
The above proposed Art was filed In
the office of the Secretary of State on
June ?r,.
Each elector mav vote for or against
the above proposed Act.
Witness uvv official signature this
2?»th dev of Julv. 1 f) 1 6.
[Seal] EART«E W. HOPfTS,
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. ann that the same will hr
submitted to the qualified electors of
the State of Arkansas at the next gen
eral election, to he held on Tuesday,
November 7, 1216, for adoption or re
jection.
FOll T 2.
a(;ai\st A( T \o. 2.
"An Art to provide for local option and
to correct the evils arising: from the
liquor traffic: to authorize the peo- ;
pie of any county in the State of Ar
kansas to determine whether liquor
shall be sold in said county, to pro- j
vide for thr calling and holding- of |
elections for same, to regulate the »
Issuance of license for the sale and i
manufacture of liquors, to Increase
the public revenues of the State, to
prescribe penalties, to repeal all laws i
and parts of laws In conflict with |
this Act, and for further purposes.”
Be Tt Knacted by the People of five 1
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- I
ed by not less than ten per cent of tbe ,.
qualified electors of any county in this
State, calling for an election in such
county for tlye 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,
eorAmonlv called tonics, hitters or med
icated liquors, and when such petition
is filed with the County Clerk of the
county, the County Judge of said coun
ty shall, within ten days, make and
cause to he published an order calling
an election, at which election the ques
tion of "Cor Licence" md "Against Li
cense" shall he submitted to the qual
ified electors of said countv for their!
approval nr rejection. provided that
said petition shall he accompanied bv
a bond tn ho approved hv the Countv
Court, in the sum of one thousand
f$1,AO0.OO> P«‘l!ars. to secure the cost
Incurred 1 ti the hoMl"? of such elec, j
fieri, and the co^t sheM fixed by the j
amount® now nMo" ed hv law for sim- '
liar service in boldine a repel elec- i
tion in this State for the election of j
State officers.
Sec 1 The election so called shall
bo hold not less than t h •»-*v da vs i
por more than sivtv da vs after'
the date of the order c*CMnfr same, and
c-hall ho 1-eld undo- t v« direction of the
Coutv Board or Bleetfon Commission
ers for the said count v in the man
ner provided hv l*v for fh0 hol^in^- of
ceneral (dec f Ions in t'-o f«*r the
election of State officers |r "of;ir as
♦ he same mav hn innllonHo.
Cou tu Bo;***d of C'eotfnn Commission
ers shell within fve f r* ^ da vs a r* • r the
e|#r*tion pp-lify thn result . f aid elec
tion to the Countv ’lerk **'»-o shall,
without -bdav r-’iso the same trS he
recorded in hie office and published.
floe 4 If a majority voting in said
election have voted For License." the
County dodge of ‘•aid countv shell then
issue a license fo»* the sale of an'
alcoholic, vinous, malt soiritmi ' o» !
fermented liquors, or of anv compound
or preparation thereof commonly call
ed topic* hitter^ or medtended liquors
within the limits of aid oountv. and
subject to the restrictions and reguls
flops hereinafter mentioned; and the
Ml* of »uch alcoholic, vinous. malt.
-spiritous or fermented liquors, or any.
compound or preparations thereof. |
commonly called tonics, hitters or med
icated liquors, under the authority of ;
*uch licences shall he Itfwful.
See. 5. No licenses shall be issued
• xcopt to a citizen of this State who
• s over the age oj twenty-one (21)
'ears and of good moral character.
In the ov' n there are more appliea
ions filed fot license than may be is
u#d according to the provisions of
his set. the County Judge shall issue
license to the person or persons tno.-t
suitable as to moral character and
ability to properly conduct the busi
ness.
No license shall he issued for the
^ab‘ of liquor except in a city or an
incorporated town.
No license shall he issued In any city
or town of less than five hundred < f*or»>
population tier more than one (It li
cense- fop each thousand population or
fraction thereof in either cities or
towns. In determining the maximum
mimher of licenses to he granted, any
o die in 1 census taken within the year
next preceding lhat for which license?
are Issued may he u-od as a basis of
population. Tf no such official census
has been taken, the late . estimates of
the Cnited States Censu Bureau shall
be, used as a ha's is.
No license shall authorize the of
liquor on Sunday, nr daws on \vl »- ’• 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.
Bicepses shall not he granted to any
applicant who Is in any way interest
ed in the business conducted at any
other place where Intoxicating liquors
are sold or* kept for sale as a bever
age. nor shall such license ho 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 hr in any way interested
therein during the continuance of the
license. If such interest of such per
son shall appear, the license shall be
deemed revoked.
No person holding a license shall he
authorized to sell any liquor to a mi- j
nor or habitual drunkard, nor shall j
any minor or habitual drunkard be era- j
ployed to work in any business con- j
ducted and authorized by any licenses j
so issued.
When the applicant for any license
is a firm, partnership, corporation or
association. such firm, partnership,
corporation or association shall, when
making application for license, desig
nate as manager some person possess
ing" the qualifications required in Par
agraph one (1) of Section five (5) of
this act; and no person shall after- ,
wards be made manager who does not I
possess like qualifications.
Sec. 6. Before any license shall he 1
Issued, the person applying therefor
shall file his application with the
Bounty Clerk stating the exact loca
tion or ptace of business where he
proposes to sell such liquor, and agree
ing to comply with all the conditions,
restrictions and regulations provided
for in this act; said application shall
he duly sworn to. and accompanied by
a bond for his faithful compliance with i
same. The said bond shall he in the |
sum of two thousand f $2,000.00) dol- j
lars. payable to the State of Arkansas,
for the use and benefit of the general
revenue fund, and shall he signed by
the applicant and two other responsi
ble citizens, to he approved by the
County Judge, or hv the applicant and
any bonding company authorized to do
business in this State.
See. 7. License shall bf* of two I
kinds, to-wit: Retail license and i
wholesale license. Retail license shall |
be issued for the sale of liquor in a j
dram shop or saloon, and shall entitle
the holder thereof, his agent and em- I
ployes, to -ell liquor in said dram shop
or saloon in anv quantity. Wholesale
license shall he issued tor the sale of
liquor in original packages containing
not less than one quart, and not to he
unsealed upon the premises.
See. S. Before any retail license
shall be issued under the provisions of
this act. th-ere shall be paid to the
Coll^rfor of the county wherein such
license is procured the sum of five
bundled ('$.'00.00) dollars as a county
tax. and th* suin 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 fey and
two ($2.00) dollars for each license for
Clerk’s fee. Before any wholesale li
cense shall he issued under the pro
vision of this act there shall likewise
he paid to the Collector of the county
wherein such licence js 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 ($1 50.00) dollars for the comnmn
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 foe.
Sec. 0. The fees and taxes mentioned
In Section S 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 otVmr tax or foe shall he im
posed. provided anv city or incorpo
rated town, wherein such license Is
procured, may impose a tax and fee
not exceeding the combined amount of
State and county taxes and fees.
Sec. 10. When the Issuance of li
cense has once heen authorized in the
countv as provided for in this act. the
question shall not again he voted on
within a period of less than two (24
years front the date of the last preced
ing election on said question.
See. 11. Anv person who grows
fruit, grapes or berries in this State
may make wine or brandy thereof and
sell the same without license, and such
ma nu fact tire and sale is hereby made
lawful, provided the same he sold in
original packages containing not less
than five (5) gallops.
• Sec. 12. The manufacturer of alco
hol. vinous, ardent, malt, or fermented
Honors in any county in this State in
which the issuance of license is au
thorized under the provisions of this
act shall be lawful, and me same may
he sold subject lo the foregoing pro
visions of this act.
Sec. 12. It shall not he 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 official to per
form any act or duty imposed hv any
provision of this a«*t shall constitute
a felony, and upon conviction thereof
such person or official shall he deem
ed guilty of a felony and imprisoned in
the St?yje penitentiary for a period of
one (lryear.
Sec. 15. Any person who shall vio
late any of the provisions of this law
relating to the manufacture, sale or
giving away of any liquor, as defined
In this act, shall he deemed guilty of
a misdemeanor, and upon conviction
for the first offense shall he subject to
a fine of not less than one hundred
< $100.00) dollars nor more than
three hundred ($300.00) dollars, or im
prisonment in the county jail for a pe
riod of ninety days, or hv both such fine
and Imprisonment: atid 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 offence shall ever thereafter he
licensed under the provisions of this
act, nor be thereafter allowed to en
gage as t\^e agent or employe of any
licensee.
Sec 1 (?. That the laws of this State
governing the initiation of laws shall
apply and govern the circulating of the
petition for calling an election as pro
vided for in this act. In so far as the
acme may he 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 electors
in such countv shall he deteirnfoed by
he number of poll tax receipts issued
hv tl»** Si •*i iff and Collector of said
county next preceding (he time when
su< h petition is Hh d
Bee. 18. The word person, whenever
u occurs in this act, may apply either
to an individual, firm, asaociation or
corporation.
Sit. 19 The word liquor, whenever
it occurs in this act, except in Section
12 of this act. is intended to include
and embrace alcoholic, vinous, ardent,
mall, spiritous or fermented liquors, or
any compound or preparation thereof
commonly called tonics, bitters or
medicated liquors.
Scry 1*0. That Act No. Fifty-nine of
the Acts of the General Assembly of
the State of Arkansas of 1913, ap
proved February IT. 1913, and Act No.
Thirty of the Acts of 1915 of said Gen
eral Assembly, approved February fi.
1915. are hereby repealed. That all
other laws and parts of lows in eon
met with the provisions of this act are
hereby repealed, and all laws and
parts of laws regulating or relating1 to
the manufacture or sale of intoxicat- j
iny: liquor In this State, and not in
conflict with some provision of this
act. are cumulative to this act, and
this a< < shall take effect and he In full
for'*e from and after ??s pass®a**
The above proposed Art was tiled
in the offire of the Perretarv of State
on July K. laifi.
Baoh elector mav vote for or apaln.at
the a hove proposed Art.
Witne.v.. my official signature this
25th day of July. J ff 1 S.
[Seal] EAHl.E W HODGES.
Secretary of State.
(Amendment No. 12)
PROPOSED BY IXimTITl
PETITION.
Notion ia hereby given that the fol
lowing proposed Amendment to the Con
stitution of the State of Arkansas pro
posed by Initiative petition was filed In
tny office as required bv law and that
the sanH will bo submitted to the quali
fied electors of the State of Arkansas
at the next general election to be held
on I tiesday. November 7th, 191R for
adoption or rejection,
ro* amendment no. la
AGAINST AMENDMENT NO. IS.
Proposed Amendment No. 18.
An Amendment to the Constitution of
tlie 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.”
Re It enacted by the people of tha State
of Arkansas:
, That Section 3. Article XIV, of the
Constitution of the State of Arkansas
be ampnded so as to read as follows
"Section 3. The General Assembly
shall provide hv general laws for the
support of common schools by taxes,
which shall never exceed In any one year
three mills on the dollar on the taxa
ble pronerty 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 he ap
propriated for any other purpose nor to
any other district than that for which
it was levied."
The above proposed Amendment was
filed in the office of the Secretary of
State on January 14th. 1915.
Each elector may vote For or
Against the above proposed Amendment.
Witness my official signature thie
25th day of July. 1916.
EARLE W. HODGES,
Secretary of State.
(Seal)
(Amendment No. 13)
raoposso by iNiTunra
PETITION.
Xntlre I. liPrphy grfvnntlint fhe follow
big proposed Amendment to the Consti
tution of the State of Arkansas pro
posed by Initiative petition was filed In
my office as required by law and that
the same will he submitted to the qual
ified electors of the State of Arkansas
at the next general election to be held
on Tuesday, November 7 th, 1916, for
adoption or rejection.
TOR AMrNTIMFNT HO. 13.
AGAINST AMEUDMEHT NO. 19.
Proposed Amendment No. 13.
Amending Section 1 of Article 5 of the
Constitution of the State of Arkan
sas, and Amendment No. 10 thereto,
defining and enlarging the powers of
the Initiative and Referendum, and
for other purposes.
Re it enacted by the people of the State
of Arkansas:
That Section 1 of Article 5 to tne
Constitution of the State of Arkansas
and Amendment No. 10 thereto be
amended so as to read as follows:
Section 1. Legislative authority of
this State shall he vested in a Legisla
tive Assembly which shall. consist of a
Senate and a House of Rjntpresen tat Ives,
but the people reserve to themselves Die
power to propose legislative measures
lawn, resolutions, and amendments to
the Constitution, and to enact or reject
the same at the polls independent of the
Legislative Assembly: anil also reserve
the power, at their own option, to ap
prove or reject at the polls any act.
item, section, or any part of any sec
tion. or measure passed by the Legisla
tive Assembly.
The first power reserved by the peo
ple is the Tnifiutiv/e. and tine number of
legal voters required to initiate any pe
tion shall he ten thou.s*-*nd 00.0001 and
no more But no petition shall be held
invalid if it should contain a greater
number than required; and every such
petition shall include the full text of
the measure so proposed. Initiative pe
titions shall he filed with the Secretary
of State not less than four months be
fore the election at wlxfch they are to
he voted upon.
I ho flocoiHi powor reserved hy the peo
ple is tho Referendum, and the number
of legal void's required to sign jprul make
valid a referendum petition shall he
seven thousand f 7.000* and no more, blit
no petition shall be held invalid if It
should contain a gfeater number than
required. The filing of a referendum pe
tion against one or more items, sections,
or parts of any measure shall not delay
the remainder from becoming effective;
but it is not to be understood from this
that all of an act. may not be referred
Referendum petitions against measures
passed hy the legislative Assembly
shall he filed with the Secretary of State
not later than ninety < 90* days after
the final adjournment of the session of
the legislative Assembly at which such
measures were passed, except when ad
journment shall he tu&en temporarily
for a longer period than ninety (90*
days, in which case such petitions shall
he filed riot later than eftnety (90) days |
after such temporary adjournment. All i
measures referred to S. vote nf the peo
ple hy refeietidum Shan remain in abey
ance until such vote is taken (
If it shall be necesftiry for the pre
servation «»f the public peace, health, or
Safety, that a measure shall become ef
fective without delay, such necessity
fthall he stated In one section, and if
upon a yea and nay vote three-fourths
of all the members elected shall vote
upon separate roll call in favor of the
measure going into tn&tant operation
such measure shall become effective
without delay. Tt shaR.be necessary to
state the facts which constitute such
emergency Provided, however, that an
emergency shall not he declared on any
franchise or special privilege or act
creating any vested riglut nr Interest or
alienating any property of the State If
i referendum Is filed against any e?ner
genecy treasure, such measure shall he
i law until it is voted upon by the peo
n|e. and if <t is then rejected by a mn
joritv of th“ electors voting thereon it
shall he thereby repeated! The provi
sions of this sub section.shall also apply
to city councils.
Th« Initiative and Referenlum power*
of the people are hereby further reserv
ed to the legal voter* of each munlcipaJ
Ity and county aa to all local, special
and municipal legislation of every char
a^der In ana for their respective munici
pal! tier and counties.
Counties, cities and towns may pro
vide for the exercise of the Initiative •
and Referendum ae to their local legis
lation. Petitions shall be filed with the
county or dty cleV-k Not more than
ten (10) per cent of the legal voters of
any county, city, or town may be re
quired to order the referendum. nor
more than fifteen (16) per cent of the
legal voters of any such county, city or
town shall be rfSmlred to propose any
measure by initiative petition.
In counties or municipalities the num
ber of signatures required on a petition
shall b** computed upon the vote cast for
the ofhve of county Judge or mayor at
the last preceding election.
Every extension, enlargement, pur
chase. grant, or conveyance of a fran
chise. or of any rlahts. property, ease
ment. lease, or occupation of or in any
road street alley or park, or any pari
thereof in any real property, or interest
In any real property owned by a munici
pal corporation, whether the same be by
statute, ordinance, resolution, or other
wise shall be subject to referendum and
shall not be subject to emergency legls
lation The time for filing a referendum
petition against municipal or local
measures shall not be fixed at less tvimi
thirty days after the passage thereof by
municipal or local legislative bodies
The word "measure,” as used herein,
means any law, bill, resolution, ordi
nance. charter, or constitutional amend
ment. or any other legislative measure.
In the case of laws chiefly of local in
terest. as the creation of new' or addi
tional Judges, or other officers or offices,
referendum by petition shall be sub
mitted for approval or rejection to the
people of the district interested.
All elections on general, local, jfhd
special measures referred to the peopl%
of the atate or of any locality shall he
held at the regular general election, ex
sept when the Governor, County Judge
or Mayor shall order a special election.
State, counties, or municipalities may
provide for special elections on local
legislation.
No limitation shall he placed upon
the number of constitutional amend
ments or other measures which may •>«
proposed and submitted to the people by
either Initiative or Referendum peti
tions as provided in this section, nor
*hall this section he construed to con
flict in any particular with Article 19,
Section 22. of the Constitution provid
ing for the submission of constitutional
amendments by the Legislative Assem
bly and their adoption by the people.
This section shall not be construed to
deprive any member of the Legislative
Assembly of the right to Introduce any
measure, but no measure shall be sub
mitted to the people by the LegislatTve
Assembly except a proposed constitu
tional amendment, or amendment as pro
vided for In Article 19, Section 22 of the
Constitution.
Any measure submitted to the people
by petition as herein provided shall ta»a
effec t and became a law when approved
by a majority of the votes cast there
on and not otherwise, and shall not hs
required to receive a majority or the
votes cast for candidates in such elec
tion. Such measure shall be operative
on and after the thirtieth day after the
election at which it is approved.
¥he veto power of the Governor or tne
Mayor shall not extend to measures in
tiated by or referred to the people.
If conflicting measures referred to the
people shall be approved by a majority
of the votes severally east for and
Mtainst the same, the one receiving the
-ligher number of affirmative votes shall
hereby become a law.
No measure approved hy a. vole or the
oeople shall be amended or repealed by
the (leneral Assembly or any City
'oiincil except by a vea or nav vote upon
'oil rail of three-fourths of ait the mem
bers elected; nor shall any such meas
ure be set aside In whole or In part as
inconstitutlonal except by a unanimous
decision of all the members of the So*
nreme Court of the State
Legal voters only shall be counted
upon petitions. Petitions may be circul
ated and presented It! parts, but eaon
•art of any petition shall have attached
thereto the affidavit pf the person cir
•ulatlng the same, that all the slgna
tures thereon were made tn the pres
ence of the affiant and that to the nest
tf the affiant's knowledge and belief
each signature is genuine and that the
person s' an I n K Is s legal voter, and no
tfher affida' M or i -ertfloatlnn shall he re
tuired to establish flie genuineness of
such signatures
The sufficiency of all Stat*wWe pet!
tions shall he decided In the first In
stance hy the Pecretarv of the State,
end of municipal and local petitions by
:he City or County Clerk, subjec t to re
view by the Supreme Court of the Stefs
which shall have exclusive and original
iurlsdiction over all such cases.
If the sufficiency of any petition is
'hallenged the ipiestlon shall he tried- st
once wihont reference to term, time or
vacation, and adjudicated without tie
lay; hut the failure of the courts to
decide prior to the election, as to the
sufficiency of such petition, shall not
prevent the question from being placed
upon the ballot at the elect'on named
In such petition, nor militate against
the validity of the measure If It shall
have been approved hy a vote of the peo
ple if the Secretary of State. County
Clerk, or City Clerk, ahall decide any pe
tibn to lie insufficient he shall, without
Islay notify the sponsors of the peti
tion and permit at least thirty days
from the date of such notification for
correction or amendment. In tla- event
,,f legal proceedings to preveiil giving
legal effeet to any petition upon any
grounds, the burden of proof shall he
upon the person or persons attacking
the validity of the petition.
No law shall be passed requiring a
distribution of signatures upon peti
tions in each of the eoantles or other
political divisions of the State nor to
prohibit any person or persons from giv
ing or receiving compensation foe cir
culating petitions, nor to prohibit the
clrculaton of petitions, nor in any way
to interfere with the freedom of tile peo
ple In securing petitions, but laws may
he enacted prohibiting and penalising
any fraudulent practice, such as per
jury. forgery, or anv other misdemeanor
In the securing or filing of petitions.
all measures submitted to a vote of
the people by petition* under the pro
visions of this section shall he publish
ed as is now or may hereafter he pro
Ided hy law.
The style of all bills. Initialed by tbs
eople and submitted under the provis
os of this section, shall be lie it
nacted by the people of the State of
irkansas" < munlci • 1 i tv or county. as
lie case may be). In submitting meas
yes to the people, the Secretary of
tate and all other officials shall be
ulded by the general laws until a«l
itlonal legislation shall be provided
herefor.
The result of the vote upon any
tate measure shall be declared by tha
date Board of Flection Commissioners
or tbs substitute therefor), and the re
ult of a vote for any city or town meas
re shall be declared by the City Cen
ral Committee or Town Council (or
ny substitute therefcg).
This amendment shall be self-exe
utlng, but the Legislative Assembly
lay enact laws to facilitate Its oper
tion and no legislation shall he mi
nted to restrict, hamper or impair the
xercise of the rights herein reserved
o the people.
All tile provisions of this amendment
> all be treated as mandatory
That this amendment to the Consll
ut Ion of the Slate be, and the ,.ni->a
hall he In substitution of ttie mltia
ve and Referendum Amendment, tip
roved February 1?. 10O9, as the same
PI ears In llie Aets of Arkansas for
001, on pages 12*10 and 1240 of the
nliinie eonlainlng the same: and that
he '-aid amendment (and the art of
he tjeneral Assembly to carry out the
ame, approved June 3*'. l**ll, an far as
hr same Is In conflict herewith >, bn
nd the same are hereby repealed.
The above proposed 'ni»m1nient was
lied in tl e office of Jh» Secretarr of
Hate on January 23. IIIV
Fsch elector may vote For or
'ga'nst the above propos-d Amendment
Witness tny official signature tins
Mb dav of July Ik'S
KARL"! W HObfima,
Secretary of Si&tg.
\
(.Seal)