•euoe of alternates, by Hie ,eii.«;ninK
ir.cmbers of the delegation. Vamnolcs
In the Centre) Committee shall be filled
by the committee.
Sec 9. The judges and clerks of the
election shall make a duplicate reg
ister of the names of each and all the
electors in the order in which they
present their ballots, placing opposite
each name its number in the manner
prescribed in Sections 2811 to 2816 in
clusive. of Kirby s Digest. The voting
precincts shall be designated bv the
Election Commissioners appointed for
the last general election, hut the
County Central Committee may, when
the vote to be cast in the precin -t
shall exceed one hundred MOO) votes
designate one or more additional boxes
for said precfmt, 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
shftll become sick or he incapacitated
from any other cause, the remaining
Judges or clerks shall make and con
tinue said count until the same Is
completed.
Each ballot shall be signed by the
voter at the bottom thereof at a place
which shall he provided for his signa
ture; and if the voter Is unable to
subscribe his name, the same shall he
signed by one of the Judges and at
tested by all of said judges.
At the closing of the polls, the dupli
cate Register of voters shall he signed
bv the judges and attested by the
clerks. One of said registers of voters,
the returns, poll hooks and ballots
shall he delivered by them to the
chairman or secretary of the County
Central Committee, or the person or
committee designated by the Countv
Central Committee at the mooting
hold for the selection of judges to re
ceive said returns, as soon ns possible
after the count is completed, and the
other register of voters, together with
one of the certificates required under
Paction 10 of this aef shall he filed by
them at the time they deliver the re
turns to Die Countv Centra! 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 Countv Central
Committee holds Its meetings.
8**c. 10. The county clerk shall fur
nish the lodges and clerks r»f election
With blank certificates upon which to
certffv 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 bv the judges and
attested by the clerks, and Immediate
ly post one copy thereof In a conspic
uous place at the voting precinct,
which shall remain *o posted for 10
successive days thereafter, deliver one
copy to the county clerk, who shall
file the same, and return the other
ropy with the ballots and one rnpv 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 v*
Hoc. ii The County Central Com
mittee shall convene nt noon of the
Friday following the primary on Tues
day. and the returns one of the list*
c.f voters and the ballots of each vot
ing: precinct are required to he de
llvered to said committee as hereto
fore provided on or before said time
Tf the returns and ballots of anv
precinct are not then delivered, the
committee shall send anv peaee 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 thev
mav he. and Immediately brine the
same to said committee Tf all returns
and baUnte are not before the eommit
tep by Fridav noon, it mav adjourn un
til It receives them, not later than Sat
urday noon The committee ^ball can *
vans the return® and when demanded
examine the ballot®: mav bear testi
mony, If offered, of fraudulent prac
tices and illeeal votes, and may cast
out flleera? votes, fraudulent returns,
rnd find the true and leeral vote cast
for each candidate, and shall certify
the result not later than Monday fol
lowing* the primary.
Said committee shall certify the
nomination of all county and township
officer'1 and shell further certify the
vote of al1 candidates for circuit and
district offices to the Circuit and TMs
tMct Committees flndudlnpr congres
sional districts^, and shall rertifv the
vntp for candidates for TTdfnd States
rf'tul<' and for all s*ate offices to the
Central Committee
T^e plate Control Committee and
F’strlct and Circuit Committees, or
other committees or conventions a«* are
o** mav ho authorized hv law. shall re
ceive the returns from Countv Central
Committees and canvass and certify
♦ he result thereof as now provided hv
law. and said committees, or their of
ficers. shall, when ordered hv a Circuit
Court as hereinafter provided, annul
the certifications made and make cer
tl'icatlons In accordnnce with the
judgment of the Circuit Court.
Tbe Countv Cmtroi Committee Im
mediately noon having: canvassed the
returns and where demanded examined
♦ be hallots. and upon having: certified
the results of the nrimary as herein
reouired shall, and it is herehv made
r»hl|jratora» upon It and its chairman
end secretary, to file In the office of
the coun^v clerk of said county, and
in the district of said countv where
there Is more than one district where
the meetings of t^e Central Commit
tee are held, all tbe returns all poll
hooV o an'1 all ballots, together with
nil the poll fax receipt*. all certificates
of payment of poll laves, affidavits and
nfVier documents received from the
of elect Ion to he preserved hv
f‘ld county clerk for the neriod of six
months subject to the orders of anv
court of competent jurisdiction, or If
p contest Is nendlnnr. until cald contest
I® determined, and the failure of the
copntv clerk to so nreserve the said
returns, poll hooks, ballots and docu
ments nconmpanvlnPr same, shall be a
mt«Heroeanor and punished hv fine and
Imprisonment as is provided for other
m*"demea uors under this art.
'I'he Countv Central Committee shall
deliver the ballots to the countv clerk
In the ballot boxes of tbe respective
Vettnir nreefnets looked and sealed. a?>d
pi'all take the receipt of the clerk
fbevpfnr. and the clerk shall pot up
look said ballot boxes or break t*’o
peal thereof except upon order and di
rection of the court having lurisdlc
tfon over contests as provided In this
act and be shall keen said ballot boxes
1* m vault. If there Is a vault of suffi
cient caoacity in the court house: otb
evv-i*a in a room under his control
under lock and key. At the end of
♦ lx months. If no contest Is pending
Involving the Inspection of said bal
lots. the county clerk shall. In the
presence of the chairman and secre
tary of the Countv Central Commit
tee. or a committee of not less than
thr^e persons appointed hv the Coun
tv Cenfr«l Committee for that purpose,
open s,aid ballot boxes. and without ex
a^lninc* the hallots burn the same, and
fake from the chairman and secretary
of the County Central Committee, or
the witnesses designated by the Coun
tv Central Committee, a certificate
showimr the facts in connection with
the burning: of the ballots, and file the
same as a permanent record In his of
fine, and he shall thereupon return to
the County Central Committee the bal
lot boxes.
Sec. 12. A r1s:Ht of action Is hereby
conferred on any candidate to contest
the certification of nomination or the
certification of vote as made by the
County Central Committee.
The action shall he brought In the
Circuit Court. Tf for the office of rep
resentative or a county or townsb*^
office, in the Circuit Court of the cor
tv: and if for a circuit or district of
fice. within any county In I he circuit
or district wherein «nv 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 nt least 10 reputable
citizens, and shall he filed within 10
davs of the certification complalneri of,
itl the compliant Is against the certlfl
cation in ont county, and within 20
flay* if against. the certification in
niore than one county. The complaint
a.iall be answered within 10 days.
if the complaint is sufficiently defi
nite to make a prima facie case, the
Judge shall, unless the Circuit Court in
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,
end 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
j may adjourn other courts in order to
hoar such cases, and may call another
judge in exchange to sit in other
courts, or vacate the bench in other
courts and cause a special judge to be
elected to hold the same; and the ses
sion of the special term to hear such
cases shall not interfere with the va
lidity of other courts proceeding at
the same time in said circuit.
The cause shall he tried by the cir
cuit judge In open court, without a
Jury; an appeal may he taken from
the Judgment, provided, however, that
the appeal shall not operate as a su
persedeas, by judicial order or other
wise, and the judgment of the Circuit
Court shall, until reversed, be obeyed
by political committees and their of
ficers and all election officers: further
provided, it shall be the duty of the
Supreme Court to advance the hearing
of any such appeal.
The Circuit Court, or. when neces
sarv, the circuit judge, in vacation,
shall, hy 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
'llegal or fraudulent votes were cast,
or fraudulent returns or certificat ion
made, or the corrupt practices act vio
lated. the circuit judge shall. If In his
• pinion there is good ground to be
lieve the charges to be true, convene a
mecinl term at once, unless the reg
ular term is In session or will con
vene within 30 days. Tf the charges
come In a regular term, the Judge
«hall specially charge the Orynd Jury
as to them. Should a special term he
"railed, it shall in all respects •c n? If
convened by law. and the circuit Judge
:hall cause to be summoned grand and
•etit jurors, either on lists selected by
‘he jurv commissioners or by the sher
fY. or hv disinterested persons select
ed by him for that purpose, according
to his opinion as to the best method
to select unbiased jurors. Should ln
tietments he returned, either at a spe
cial or regular term, for violating the
primary election laws, the defendants
hall he given speedy trial at said
ferm (and the court may »<yourn terms
• f other courts In order that thev m«v
be tried). %u'less for good cause shown
or in the interests,of justice a confln
nance or change of verwm bp granted.
Vo change of venue shall he granted
in such cases except after a hearing
and a finding by the court that the de
'endant can not obtain a fair and im
partial trial In the district of the
•ounty where said indictment is pend
ing.
Sec. 14. Should ft bo proved to the
sati sfact ion of the trial judge. In a
^ase insl itcited under Section 12. or a
prosecution as ron*omnia tod hv Serf fori
12. that a successful candidate has
been guilty of violating1 any provision
>f the corrupt practices net, or any
»thor violation of the laws regulat ing
primary elections, the Circuit Court
hall enter such flndinir as a part of
♦he Judgment. Irrespective of the de
termination of the Issues In the suit
nstituted under Section 12. or the ver
dict of the Jury in a criminal pro«ecu
♦ ion: and the judTm^nt to that effect
shall operate to deprive the candidate
of the nomination and richt to have
his name on the ballot, and the va
cancy shall he filled by a special pri
mary or otherwise, ns mav he deter
mined !\v the pnr»v organisation.
5?er. 1*1. Should a proceeding under
Portion 12. or a criminal prosecution
under Section 12. he not determined
finally until after the election, and the
defendant In such proceeding is elect
ed to the office as the nominee of the
narty, and it is determined that he
was not entitled to the nomination, or
the Judgment contains a finding that
he violated the law**, as provided in
Section 14, then such Judgment shall
operate as an ouster from office, and
the vacancy In it shall he filled as
provided by law for filling vacancies In
urh office in case of death or resigna
tion.
Sec. 1(5. No person shall he allowed
to vote at any pr*mnrv election held
under the laws of this state, who shall
not exhibit a poll tax receipt, or other
\ id- nce that he has prid His poll tax
within the time prescribed by law to
entitle him to vote at the succeeding
general state election. Such other ev
idence shall be:
(p) A copy of such receipt dulv cer
tified by the clerk of the County Court
of the county where such tax was
paid.
(h) Or. such person’s name shall ap
pear upon the list reouired to he cer
tified to the iudges of election by Sec
tion three (2) of Act 220 of the Acts
of 1900
Or. If anv person offering to vote
hall have attained the age of 21 years
dnee the time of assessing taxes next
preceding such ejection, which period
if assessment is here declared to mean
between the second Mondav In Mav
•>d the second Monday in September
of each vear and possesses the other
necessary qualifications and shall sub
mit evidence by written affidavit, sat
isfactory' to the badges of election, es
tablishing that fact, he shall be per
mitted to vote.
All such original and certified conies
*f noli tax receipts and written affida
vits shall he filed with the Judges of
lection and returned hv them with
♦ heir other returns of election, and the
•tid Judges of election shall. In addi
tion to their regular list of voters
make an additional li«t upon their noli
books of all such persons permitted bv
them to vote, whose names do not ap
pear on thrt certified list of noil tax
pavers, and simh poll hooks have a
eparate page for the purnose of re
•ordin0" names of ^urh persons.
Tt shall be the dutv of each elector.
M the time of navment of his poll tax
to state, and it shall he the duty of
•he collector to record and certify fn
Ms receipt evidencing the payment of
inch noil tax. the color. residence,
nostoffiee address (rural route, town or
treat address'!, voting precinct, and
<hool district of such person at the
Mme of the payment of such tax. and
all poll tax receipts pot containing
-*uch requirements shall he void and
-hall not be recognized by the Judges
of election: provided, however, it shall
not ha necessary to state or have cer
tified the street address of any such
person in cities and towns where the
numbering of houses Is not required
hv the ordinances thereof.
The certified lists required by Sec
tion 2 of Act 220 of the Acts of 1000
shall obtain. In addition to the name
of the person paying such poll tax, his
color. residence. postoffice address
(rural route, town or street address
where by ordinance the numbering of
houses is required), the school district
and voting precinct, and such Hot shall
be arranged In alphabetical order, ac
cording to the respective voting pre
cincts. The county election commis
sioners shall supply the fudges of pri
mary elections with printed copies of
such lists.
For each error rendering void the
poll tax receipt, in the t ranscrlhlng.
certification or printing of the names,
'•olor, residence, postoffice address,
school district or voting precinct of
such persons, the enllectnr, clerk or
printer making the same shall he as
sessed the sum of one dollar ($1 0ft).
which sum nr sums shall be deducted
from anv sums due such officer or
printer from the county whan settle
ments are made with such officer or
printer, and the enforcement hereof |«
made mandatory upon the County
Court.
The auditor of state shall have the
poll tax receiptt. 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 upqji any
election held under this act. it shall he
n ground of rejection of any hallo*
cast by an elector, whose name (n'
does not appear upon the certified lis
of poll tax payers; or (b) who ha
not filed with the judges of electio*
his original or certified copy of pol
tax receipt, or written affidavit of th<
attainment of bis majority; or (c) if
such original or certified copv of such
poll tax receipt or written affidavit has
not been returned by the judges of
election; or (d) the name of such per
son listed separately and certified as
required by this act.
Sec. 17. That all laws or rules of
political organizations holding primary
elections providing for contest before
political conventions or committees
other than the proceedings herein
provided shall be of no further force
>r effect.
Sec. 1 8. That tills set 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
i ^hall be cor turfed in conformity with
this act, and the general election laws
of the state, and they shall he to all
’ ntents and purposes legal elections.
Penalties for violations of the same
shall he as herein provided and not as
provided for violations of the general
election laws. This act does not re
peal Section 2^97 of Kirbv’s Digest or
Sections 1, 3, 5, fi, 7, 8 and 10 of Act
l fin of 1009.
Sec. 20. That all violations of this
act shall he misdemeanors and shall he
punished hv fine of not less than one
hundred dollars ($100 00) nor more
•than five hundred dollars ($r»00.00),
and by Imprisonment in the county
jail for not less than thirty (30) days
nor more than twelve (12) months.
That the following shall he deemed
misdemeanors for the violation of this
ict, to-wit:
(a) Knowingly cad a vote when the
voter is not a qualified elector as pro
vided herein.
(b) Knowingly receiving of a vote
when the voter is not a qualified elec
tor as herein provided.
(c) Pasting a vote in a primary of a
party to which the voter does not ad
here or affiliate: provided, this does not
apply to anyone in good faith abandon
ing previous political affiliations.
(d) The wrongful and fraudulent cer
tification of any vote or return.
(e> A wrongful or fraudulent sum
mary of the vote posted or filed with
the county clerk.
(f) The destruction, abstraction or
taking away of ballots, lists of voters,
returns or certificates or the making
of false certificates.
(g) The failure of the judges and
clerks to make or deliver the lists and
certificates herein required of them.
(h) The willful tearing down or de
struction of the summary of votes
posted at the election precinct by the
judges and clerks.
f!) Giving or receiving money or
any thing of value to Influence a vote.
(1) The willful violation of any other
provision of this act.
Sec 21. That should any elector flic
complaint asralnst the county clerk al
leging that he had failed to comply
[ wi*h the duties herein required of him.
said complaint shall he summarily
tried by the circuit judge. and should
j he find that said clerk had wrnnjjfully
failed to comnly with the duties here
in required of him, he shall at once he
removed from office.
Sec. 2° That all law**; and parts of
law’s in conflict herewith he. and the
a me are hereby repealed.
Tlie above proposed Acf was fllcd in
the oflh e of the Secretary of State on
Tune 26. 1916.
Flach elector mn'* vote for or against
the above proposed Act.
Witness mv official signature this
?5th dav of Jul'\ mifi
PROPOSED BY INITIATIVE PE
TITION.
Notice is hereby driven that the fol
lowing Act. proposed by initiative pe
tition. w’fis 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 ACT 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 tt*> calling and holding of
elections for same, to regulate the
issuance of license for the sale and
manufacture of liquors, to increase
the public revenues of the State, to
prescribe penalties, to repeal all laws
and parts of laws In conflict with
this Act, and for further purposes/*
[Seat]
FATM.^ W UnT>CFS.
Secretary of State.
ACT No. 2
He Tt Knacted by the People of the
State of Arkansas:
Section 1. That hereafter the sale
of alcoholic, vinous, malt, spiritous or
fermented liquors, or of any compound
or preparation thereof, common!v 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
'd hv not less than ten per cent of the
uialifled electors of any county in this
State, callincr for an election in such
county for the purpose of determining
whether it Is the desire of the people
of*said county that license shall he is
sued for the sale of alcoholic, vinous,
malt, spiritous or fermented liquors, or
anv compound or preparation thereof,
commonlv called tonics, hitters or med
icated liquors, and when such petition
Is filed with the Conntv Clerk of the
county, the County Jud*re of said coun
ty shall, within ten da vs, make and
cause to he published an order calllnar
an election at which election the ques
tion of “For Tdcense” end “Arm Inst Td
rense” shall he submitted to the qual
ified electors of said county for their
approval or rejection. provided that
said petition shall be accompanied by
a bond to be approved hv the Countv
Court, ip the sum of one thousand
f *1.000.001 Dollars, to secure the cost
Incurred Ip the holdlmr of such elec
tion. and the co«t shell no fixed by the
amounts now allowed hv law for sim
ilar service In holding a srenerat elec
tion in this State for the election of
Stete officers.
Pec *1 The election «o called shall
he held not less than th•r*y f ini days
nor more than «?ivt'r fOOl da vs after
the date of the nrdor caHIncr u me. and
shall he held under the direction of the
("•ountv p-^ard of Fleotfqn Commission
ers for the e«id ro”n*v in the man
per provided hv la«' t«r the holdtnr* -af
treneral elections in the Ptofe for the
election of Ptste officer0 Insofar as
the s»me may he annlicrh’c The
fnnrtv Woard of F.ierifon Compilation -
era shall w'l*Hn Pve fK> dr ~ ffer the
election cert If V the r • ult of rnjfl elec
tion to the fonrh t^lerk. who shall,
x* ithont delav. r >use the same to be
recorded |o his office and nuhlhljp^.
Pec 4. Tf a malo»«*v votfner in said
election have roi^ ‘For Tdcensc '* the
County .Tudve of ‘«ld ••niintv shell then
Issue a license for the sdc of any
alcoholic vinous, malt mlrltons or
fermented lluuor*'. or of an*' compound
or preparnf,ep thereof cnnn’inn’'' call
ed tonics hl*ter« o»* mcdlnn fed Honor**
within the limits «»f “old coiinrv, and
subject to the restrictions and ronila
tions hereinafter mentioned: the
Nkl« of such alcoholic, vinous, malt.
"Piritoua or fermented liquors, or any
ornpouBd or preparations thereof
<»imnnnlv called tonics, bitters or med
icated liquors, under the authority of
uch licenses shall he Ufwful.
Sec. 5. No licenses shall he. issued
xcept to a citizen of this State vim
* over the age of twenty-one (21)
ears and of p-ood moral character.
In the ev*n» there are more applica
ions filed fo? license than may be is
ued according to the provisions of
his act, the County Judge shall issue,
ioense to the person or persons most
suitable as to moral character and
ability to properly conduct the busi
ness.
No license shall be issued for the
sale of liquor except in a city or an
incorporated town.
No license shall he issued in any city
or town of less than five hundred (500)
population nor more than one (1) li
cense for each thousand population or
fraction thereof in either cities or
towns. In determining the maximum
number of licenses to be granted, any
official census taken within the year
next preceding that for which licenses
are issued may be used as a basis of
population. If no such official census
has been taken, the la*.* * estimates of
! the United States Cen.-u I‘ ireau shall
I be used as a basis.
No license shall authorize the ale of
i liquor on Sunday, or da vs on which any
State, county or municipal election is
being held, and no licenses issued shall
authorize the sale of any liquor be
fore 5 o’clock a. m. and after 10 p. m.
! on any day.
Licenses shall not be granted to any
applicant who Is in any way interest
ed in the business conducted at any
other place where intoxicating1 liquors
are sold or kept for sale as a bever
age, nor shall such license he granted
unless the applicant or applicants are
the only persons in any way pecuniar
ily interested in the business for which
the license is soupht, and no other
person shall be in any way interested
therein during the continuance of the
license. If such interest of such per
son shall appear, the license shall be
deemed revoked.
No person holding a license shall he
authorized to sell any liquor to a mi
nor or habitual drunkard, nor shall
any minor or habitual drunkard be em
ployed to work in any business con
ducted and authorized by any licenses
so issued.
When the applicant for any license
is a firm, partnership, corporation or
association, such firm, partnership,
corporation or association shall, when
making application for license, desig
nate as manager some person possess
ing the qualifications required in Par
agraph one (1) of Section five (5) of
this act; and no person shall after
wards he made manager who does not
possess like qualifications.
Sec. f>. Before any license shall be
Issued, the person applying therefor
shall file his application with the
County Clerk stating the exact loca
tion or place of business where he
proposes to sell such liquor, and agree
ing to complj with all *he conditions,
restrictions and regulations provided
for in this act; said application shall
be duly sworn to. and accompanied by
a bond for his faithful compliance with
same. The said bond shall be in the
sum of two thousand ($2,000.00) dol
lars, payable to the State of Arkansas,
for the use and benefit of the general
revenue fund, and shall be signed by
the applicant and two other responsi
ble citizens, to he approved by the
County Judge, or hv the applicant and
any bonding company authorized to do
business in this State.
Sec. 7. License shall b* of two
kinds, to-wit: Retail license and
wholesale license. Retail license shall
, he issued for the sale of liquor in a
dram shop or saloon, and shall entitle
the holder thereof, his agent and em
ployes, to sell liquor in said dram shop
; or saloon in any quantity. Wholesale
i license shall he 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 b«» issued under the provisions of
this act. there shall be paid to the
Collector of the county wherein such
license is procured the sum of five
hundred ($500.00) dollars as a county
tax. and the sum of two hundred and
fifty ($250 00) os a State tax for the
general revenue fund, and two hundred
and fiftv ($250.00) dolllars for the com
mon school fund, and 2 per cent upon
the amount naid as Collector's fee 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 license is procured four
hundred ($100 00) dollars as a county
tax and one hundred and fiftv ($150.00)
dollars as a State tax, for the general
revenue fund, and one hundred and
fifty ($1 50.00) dollars for the common
school fund, and 2 per cent upon the
amount paid as Collector’s fee, and
two ($2.00) dollars for each license for
Clerk’s fee.
Sec. 0 The fees and taxes mentioned
In Section 8 shall authorize the sale
of liquor thereunder for a period of
one year from the date of the issuance
of said license, or until the authority
to sell has been rejected hv vote of
the people as provided for in this Act:
and no other tax or fee shall he im
posed. provided any city or incorpo
rated town, wherein pueh license Is
procured, may impose a tnx and fee
not exceeding the eombined amount of
State and conn tv taxes and fees.
Sec. 10. When the Issuance of li
cense has once been authorized in the
county as provided for in this act. th^
question shall not a cm in be voted or
within a period of less than t\so (2'
rears from the date of the last preced
ing election on said question.
Sec. 11. Any person who prows
fruit, grapes or berries in this State
may make wine or brandv thereof and
sell the same without license, and such
manufacture and sale is hereby made
lawful, provided the same he sold in
original packages containing not less
than five (5) gallons.
' Sec. 12. The manufacturer of alco
hol. vinous, ardent, malt or fermented
liquors in any county in this State in
which the issuance of license is au
thorized under the provisions of this
act shall he lawful, and rne same may
he sold subject to the foregoing pro
visions of this act.
Sec. 13. It shall not he unlawful
to give to any person, except to a mi
nor or habitual drunkard, any liquor.
Seo. 14. The neglect, failure nr re
fusal by any person or official to per
form any act or duly Imposed bv any
provision of this act shall constitute
a felony, and upon conviction thereof
such person or official shall he deem
ed guilty of a felony and imprisoned in
the State penitentiary for a period of
one (1) year.
Sec. 15. Any person who shall vio
late any of the provisions of this law
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: anti for the second
offense shall he imprisoned In the
county jail six months, and hlr license,
if a licensee, shall he immediately re- 1
voked: »nd no person convicted on a
second offense shall ever thereafter he
licensed tinder the provisions of this
not. nor he thereafter allowed to en
gage as the agent or employe of any
licensee.
Sec. 15. 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 fort in this act. in so far as the
same may he applicable.
Sec. 17. For the purpose of deter
mining when ten (10t per cent of the
qualified electors of the county have
petitioned for the railing of an elec
tion. the numhci of qualified electors
in suclr county hall be determined hv
he number of poll tax receipts issu'd
hv the Sheriff and f’olleetoi of .said
county #ie\t preceding the time when
such petition is ft! d.
r0ac. 18. The word person, whenever
t '.:amn __. __
11 occurs In this act, may apply cither
to an individual, firm, association or
corporation.
Ser*. 19. The word liquor, whenever
it occurs in this act, except in Section
12 of this act. is intended to include
and embrace ale >holic, vinous, ardent,
malt, spiritous or fermented liquors, or
any compound or preparation thereof
commonly called tonics, bitters or
medicated liquors.
JKec. 20. That Act No. Fifty-nine of
the Acts of the General Assembly of
the State of Arkansas of 1913, ap
proved February 17. 1913, and Act No.
Thirty of the Acts of 1915 of said Gen
eral Assembly, approved February 6.
1915. arc hereby repealed. That' all
other laws and parts of laws in con
flict with tiie provisions of this act are
hereby repealed, and all laws and
parts of laws regrulatinj? or relating to
the manufacture or sale of Intoxicat
ing liquor in this State, and not in
conflict with some provision of this
act. are cumulative to this act, and
this act shall take effect and he In full
f°r*e from and after tts passage.
The above proposed Act was filed
in the office of the Secretary of State
on July 6. 1916.
Each elector may vote for or against
the above proposed Act.
Witness my official signature this
25th dav of July. 1916.
[Seal] EARLE W. HODGES.
Secretary of State.
(Amendment No. 12)
PROPOSES BY INITIATIVE
PETITION.
Notice Is hereby Riven that the fol
lowing proposed Amendment to the Con
stitution of the State of Arkansas pro
posed hy Initiative petition was filed in
my office as required bv law and thai
the same will be submitted to the qualt
ned electors of the State of Arkansas
at the next general election to be held
on Tuesday. November 7th, 1916, for
adoption or rejection.
TOB A MENDMElfT NO. 12.
AGAINST AMENDMENT NO. 1*.
Proposed Amendment No. 12.
An Amendment to the Constitution of
the State of Arkansas, amending Sec
tion 3. Article XIV. so that the Gen
eral Assembly may by general law au
thorize school districts to levy by a
vote of the qualified electors of such
district h tax not to exceed twelve
mills on the dollar In any one y«*ar for
school purposes.”
Bo it enacted hy the people of the State
of Arkansas:
, That Section 3. Article XTV, of the
( onstitutIon of the State of Arkansas
he amended so as to read as follows
“Section 3. The General Assembly!
shall provide hy 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- !
I»le property of the State, and by an 1
annual per capita tax of one dollar, to
he assessed on every male inhabitant of
this State over the age of twenty-one
years Provided, the General Assembly
may by general law authorize *<rhool 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 Ip anyone
year for school purposes Provided,
further, that no such tax shell be ap
propriated for any other purpose nor to
any other district than that for wnich
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 this
25th day of Jfrly. 1916.
EARLE W. HCOOKS.
Secretary of State.
(Seal)
(Amendment No. 13)
PROPOSED BY nnTlATIYI
PETITION.
Notice Is hereby tftvimthat therfrfollow
ing proposed Amen'tment to the Consti
tution of the State of Arkansas pro
posed by Initiative petition was I filed In
my office as required by law aTid that
the same will he submitted to tile qual
ified electors of the State of Ai*kjmsas
at the next general election to hfc* held
on Tuesday, November 7th, for
adoption or rejection*.
FOR AMEKDMEKT WO. 13. t
AGAINST AMENDMENT NO. IS.
Proposed Amendment Wo. 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 Artirte 5 to tfce
Constitution of the State of Arkansas
and Amendment No. 10 thereto b*'
amended so as to read as follows:
Section 1. Legislative authority of
this State shall he vested in a Levels- ,
five Assembly which shall consist or a!
Senate and a House of Reyvresentat&ives.
hut the people reserve to themselves flie
power to propose legislative measures
laws, resolutions, and amendment! to
the Constitution, and to enact or iect
the Same at the polls independent of the
Legislative Assembly: and also reserve
the power, at their own option, to ap
prove or reject at the polls jyny set.
item, section, or any part of «»iy * sec
tion. or measure passed by the Lerlsls
tive Assembly.
The first power reserved by the peo
ple is the Initiative, and the ‘nnmlwi of
legal voters required to Initiate any pe
tion shall he ten thousand (10*600) fnd
no more Rut no petition shall be |**M
invalid if it should contain a, greater
number than required; and e'jory siarh
petition shall include the fuR t«Tt
the measure so proposed. Initiative pe
titions shall he filed with thf» Secretary
of State not less than four months b#v
fore the election at which they are to
he voted upon.
1 hf* nooonn powor rocorr^'l by the poo
pi® is the Referendum. and the number
of legal voiors required to y*ign and make
valid a referendum petition shall he
seven thousand (7.(*00) ai*1 no more, hut
no petition shall he held ln »«Jid if It
should eontaln a rivhter\nuir#>er than
required. The flit hr of a referendum pe
tlon against one or more ftcms. sectlonis,
or parts of any measure shall not detaby
the remainder from hemming effective;1
but It is net to he understood from this
that all of an a<*t mav not he referred.
Referendum petitions nga.’nst measures
passed by the LegtedatIve Assembly
shall he filed with the Secretary of State
not later than ninety (9*0) days after
the final adjournment of the^ session of ;
the Legislative Assembly at whieh surh
measures were passed. exee*#< when ad
journment shall he taken temporarily
for a longer period than ninety (901
days, in whieh ease such jrtitions shall
he filed not later than ninety (90) days
after sueh temporary ad imminent All i
measures referred to a of the peo- <
pie hy referendum stroll retrain in abey- J
anee until such vote ts taktv
Tf It shall he necessary for th® pr«~ ,
alien of th® public pear-e. health, or 1
Safety that a measure, sbail become J
festive without delay, s'loh necessity 1
j*hsil he stated in one sortlon. and If 1
upon a yea and nav vote three-fourths.•
of ail the members eleepp.l shall vote
upon separate roll ‘'all in favor of the j
measure going Into instant operation I
such measure shall become effective [
without delav ft shall hn necessary to »
state the fs *ts which canFtitute such .
emergency. Provided, hoveever. that an >'
emergency shall not he drfdared on any*)
franchise or special privilege or act
creating any vested right or interest or j
alienating any property -jC* the State If
n referendum is filed agartcst any erner
genecy measure, such measure shall be» -
t law until H is voted utxsn hy the peo j
pie, and if it is then rejerded hv a ma- •
JorltV of the eleeturs voting thereon It
shall he thereby repealed. The provl
sions of this sub section shall also apply j
to city councils. |l
The Initiative and Referendum power*
of the people are hereby further reserv
ed to the legal voters of each municipal
ity and county aa to all local, special
and municipal legislation of every char
acter in and for their respective munici
palities and counties.
Counties, cities and towns mav pro
vide for the exercise of the Initiative
and Referendum as to their local legis
lation. Petitions shall be filed with the
county or city clerk. 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 required to propose any
measure by initiative petition.
In counties or municipalities the num
ber of signatures required on a petition
shall be computed upon the vote cast for
the office of county judge or mayor at
the last preceding election.
Kvery extension, enlargement, pur
chase, grant, or conveyance of a fran
chise. or of any rights, property, ease
ment. lease, or occupation of or in any
road, street, alley or park, or any part
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 legis
lation. The time for filing a referendum
petition against municipal or local
measures shall not be fixed at less than
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 thp 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. rfYid
special measures referred to the peopl%
of the State or of any locality shall be
held at the regular general election, ex
cept 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 be placed upon
the number of constitutional amend
ments or other measures which may
proponed and submitted to the ppopie by
either Initiative or Referendum peti
tions ns provided in this section, nor
Shall this section be construed to con
flict In any particular with Article 1 !♦,
Section 22. of the < 'nnstltut ion 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 Tegislatf%e
Assembly of the right to Introduce any
measure, but no measure shall be sub
mitted to the people by the I,egislat?v«
Assembly except a proposed constitu
tional amendment, or amendment as pro
vided for in Article 1ft. Section 22 of the
Constitution
Any measure submitted to the people
by petition as herein provided shall ts»«
effect and became a law whan approved
by a majority of the votes fast there
on and not otherwise. and shall not he
required to raralva a majority or the
votes cast for randldatas In such eler
llon Such measure shall ba operative
on and after the thirtieth day after the
election at which It Is approved
♦ ha veto power of thp (iovernor or me
Mavor shall not extend to measures in
flated by or referred to the people.
If conflicting measures referred to the
people shall he approved by a majority
of the votes severally cast for and
against the same, the one receiving the
tlgher number of affirmative votes shall
hereby become a law.
No measure approved hy s vote of the
people shall he amended or repealed hy
the (leneral Assembly or any City
'ounell except hy a > «■« or nay vote upon
roll call of three-fourths of all the mem
bers elected, nor shall any such meas
tre he set aside. In whole nr in part, as
inconstttutionsl except by a unanimous
decision of all the «nember» of the Su
preme Court of the State
T,ejral voters only shall he counted
ipon petitions. Petitions may he ctrcii
ated and presented In parts, hut each
part of anv petition shall have attached
thereto the affidavit of the person cir
culating the same, that all the slgn.t
lures thereon were made In the pres
ence of the affiant and that to the best
->f the affiant's knowledge and belief
inch signature Is genuine. Riid that the.
person sighing is a legal voter, and no
other affidavit or verification shall be re
quired to establish the genuineness of
such signatures.
The sufficiency of all Statewide peti
tions shall be decided In the first In
stance by the Secretary of the State,
«nd of municipal and local petitions hy
the City or County Clerk, subject to re
view hy the Supreme Court of the State
Which shall have exclusive and original
Jurisdiction over all auch cases
If the sufficiency of sny petltton 1»
■fftallenged the question shall he tried at
once wlhout reference to term, time ot
•vacation, and adjudicated without de
tgw; hilt the failure of the courts to
decide prior to ttie election. as to lha
sufTV-tenrr of such petition, shall not
•wevent the question from being placed
upon the ballot at ths election named
In such petition, nor militate against
the validity of the meaeure If It shall
havwheen approved hy s vote of the peo
ple jr the Secretary of state. County
I-lprk or Cl tv Clerk, shall de.-ide any p*
tlon to he Insufficient he shall, without
delav notify the sponsors of the peti
tion and permit at least thirty davs
from the date of such nntffiestlon for
correction or amendment In t'S event
• »f legal proceedings to prevei^j, git tn0
legal effect to any petition upon any
grounds the burden of proof shall ha
upon the person, or persons attacking
the validity of tit* petition.
No law shall he passed requiring a
distribution of signatures upon peti
tion* In each of the counties or other
poll Ideal divisions of the State, nor to
prohibit any person or persons from giv
ing or receiving compensation fo* cir
culating petitions nor to prohibit the
clrculafon of petitions nor In any way
to Interfere with the freedom of the peo
ple In securing petitions, h’rt laws may
V,e enacted prohibiting and penalising
fraudulent practice, such as
iurv f.orgerv. or any other misdemeanor
L the securing or filing of petitions
All Tn°apur«*n pnibmlttafl to a \otp of
th- people by petition* under 'be pro
,-fetrn.s of tbls section shall be publlsh
Od as IS now or msv hereafter be pro
vided by l»w>.
.Ills fed hv lh«
TW ptvle Of an mu*. ‘
and submitted undtr tb* pro via
jons of thip action, aball bp. »t
bv the people of the State of
Vrk,anea< tmunlclw "tv or counts a»
«v,e ease ma' he) In submitting meas
ly the people, the Secretary of
Hiate, ami all other official? shall he
guided by the general laws until ad
ditional legislation shall be Provided
thTrhe°rewult of the vote upon any
.Sflte measure shall he declared bv the
itafe Board of Election < ommlaalonera
.or the substitute therefor), and the re
salt of a vote for any city or town meas
uri shall be declared by the City Cen
tral Committee or Town Council (or
«tfev substitute theref*-#).
This amendment shall he self-exe
cuting but the legislative Assembly
msLv e'nftct laws to factlltate Its oper
ation. and no legislation shall he en
»raid to restrict, hamper nr Impair tb«
exercise of the rights herein reserved
i'tl'Sv^'provlalona of this amendment
■vsit hr treated as mauda*orv
Thai Ibis amendment to the Consti
tution fh the State he, and the -time
shall he v" subaudition of the inttiM
ttv«. and It. ferendum Amendment, nu
proved Febv unry 11. 19M as the same
u nhen * a In 'he Acts of Arkansas for
lnnn, on pai*,"» and 1140 "f *h*
volt.me contau'lo* the same, and that
the' said amcnslinent (and the act of
the General Vsa’nibly to carry out the
same, approved .<uns 3<>, ljll. so fa. as
the same Is in .conflict herewith h .)«
and the aanw are hereby repealed.
The above proposed Vniendineut was
tiled ... the office ,,f the Secretary of
StMte on .1 i .imry Ihl l#le
Ki.ct, elect. < may vote Fm or
Against, the above proposed Amendment
Wih ess my ofllclal signature thia
25th ri 4 v of Jul T
EA lM.K W VlOIttlttS.
iSe»J> L Secretary uf State.