Civil Government of Virginia
by William Fayette Fox · English · Gutenberg #4762 · 402,225 chars · public domain (US)
The Project Gutenberg eBook of Civil Government of Virginia
This eBook is for the use of anyone anywhere in the United States and
most other parts of the world at no cost and with almost no restrictions
whatsoever. You may copy it, give it away or re-use it under the terms
of the Project Gutenberg License included with this eBook or online
at www.gutenberg.org. If you are not located in the United States,
you will have to check the laws of the country where you are located
before using this eBook.
Title: Civil Government of Virginia
Author: William Fayette Fox
Release date: December 1, 2003 [eBook #4762]
Most recently updated: December 28, 2020
Language: English
Other information and formats: www.gutenberg.org/ebooks/4762
Credits: Robert Rowe, Charles Franks and the Online Distributed Proofreading Team
*** START OF THE PROJECT GUTENBERG EBOOK CIVIL GOVERNMENT OF VIRGINIA ***
Robert Rowe, Charles Franks and the Online Distributed Proofreading Team.
CIVIL GOVERNMENT OF VIRGINIA
A TEXT-BOOK FOR SCHOOLS BASED UPON THE CONSTITUTION OF 1902 AND
CONFORMING TO THE LAWS ENACTED IN ACCORDANCE THEREWITH
BY WM. F. FOX
SUPT. OF SCHOOLS, RICHMOND, VA.
NOTE.-Important changes in every part of the fundamental law of
the State were made by the Constitutional Convention of 1901-2.
A great many of these changes did not go into full effect until as
late as Feb. 1, 1904; and some are yet to be made effective by the
operation of laws already passed or to be enacted hereafter. Under
the circumstances the author trusts he may be pardoned if some
errors or omissions are found in this work, but it is believed
that in all essential points it is in harmony with the provisions
of the Constitution and the laws of the State as they stand at the
present time.
CONTENTS.
INTRODUCTION
I GENERAL PRINCIPLES Bill of Bights--Who May Vote and Hold Office
--Elections
II LEGISLATIVE, DEPARTMENT The Senate--House of Delegates--General
Assembly
III EXECUTIVE DEPARTMENT Governor--Lieutenant Governor--Attorney
General
IV EXECUTIVE DEPARTMENT-Continued
Secretary of the Commonwealth-Treasurer-Auditor of Public
Accounts--Second Auditor--Register of the Land Office--State
Corporation Commission--Superintendent of the Penitentiary--
Superintendent of Public Printing--Commissioner of Agriculture and
Immigration--Commissioners of the Sinking Fund--Board of State
Canvassers
V. JUDICIARY DEPARTMENT
Supreme Court of Appeals--Circuit Courts--Circuit Court of the
City of Richmond
VI. JUDICIARY DEPARTMENT-Continued
Corporation or Hustings Courts--Justices Courts--Hustings Court of
the City of Richmond--Chancery Court of the City of Richmond--Law
and Equity Court of the City of Richmond
VII OFFICERS OF COURTS Clerks--The Tipstaff and Crier--Sheriff--
Commonswealth's Attorney Attorneys at-Law Who May Practice Law in
--Virginia Juries--Grand Junes--Petit Jury
VIII. COUNTY ORGANIZATION
Counties
County Officers Sheriff--Commonwealth's Attorney--County Clerk--
Treasurer--Commissioner of the Revenue--Superintendent of the
Poor--County Surveyor-Superintendent of Public Schools County
Board of School Commissioners--Electoral Board--Board of
Supervisors--Assessors--Coroner
IX. DISTRICT ORGANIZATION
Magisterial Districts.--Supervisors.--Justices of the Peace.--
Constable.--Overseer of the Poor.--Conservators of the Peace.
X. GOVERNMENT OF CITIES AND TOWNS
Council.--Mayor.--City Sergeant.--Commissioner of the Revenue.
--Commonwealth's Attorney.--Treasurer.--Sheriff of Richmond City.
XI. EDUCATION
State: Board of Education.--Superintendent of Public Instruction.
County: County and City Superintendents.--School Trustee Electoral
Board.--County School Board.
District: School Districts.--School Trustees.--District Board of
School Trustees.
School Funds.
Teachers.
OUTLINES or COLONIAL AND STATE HISTORY Colonial Governors.--State
Governors.
CONSTITUTION OF VIRGINIA
POPULATION OF VIRGINIA AT VARIOUS DATES
INTRODUCTION.
The word GOVERNMENT means guidance or direction or management. It
means also the person or persons who rule or control any
establishment or institution. Wherever any number of people live
together in one house, or one town, or city, or country, there
must be government of some kind.
In the family the parents are the government. They guide and
manage the affairs of the house. They give orders to their
children as to what they must do and what they must not do, and
they see that their orders are obeyed. This is government, and it
is for the benefit of the family. If the children were to do as
they please, there would be no peace or happiness in the home.
And in their games and amusements out of doors children find that
they must not do as they please. Every game has certain rules or
laws which those who take part in it are required to obey. In the
game of baseball, for example, the players are not allowed to act
as they like. There are rules of the play, and there is an umpire
to see that the rules are observed.
In the school, too, and in all business establishments there must
be government. The teachers direct the work in their classes,
giving orders to the pupils as to what lessons they must study and
how they must study them. In the store and factory there is a
manager or master who directs the business. If there were no
managers or masters there would be nothing but disorder and
confusion.
We can see therefore how necessary government is, and we can
understand why it is that there must be government in the country
or state in which we live. There must be laws to direct men how
they must behave towards one another and to punish those who do
wrong. And there must be people to make the laws and people to see
that they are carried out.
This is CIVIL GOVERNMENT. The word CIVIL means pertaining to the
state, or to the relations between citizens and the state, and the
word STATE means the whole community or body of people living
under one government.
There are different kinds of government in different countries. In
some countries the government is monarchical--that is, under one
person, a king or emperor--and in some countries it is republican.
A republican government, or a republic, is a government in which
the chief power is exercised not by one person but by all the
people. The government of the United States is a republican
government. The government of Virginia is a republican government.
The head of the state under a republican form of government is
elected by the people.
The government in a republic is usually divided into three parts
or DEPARTMENTS. One department makes the laws. This is called the
LEGISLATIVE DEPARTMENT or the legislature. It is formed of a
certain number of persons who are elected at certain times, by the
people, and who meet to make laws that are necessary for the good
of the state or country.
The second department of government is called the EXECUTIVE
DEPARTMENT, and is also formed of persons who are elected by the
people, and their business is to execute or carry out the laws.
Their duty is to see that every one who violates any law of the
country or state is brought to punishment, and that the laws made
for promoting the well-being and happiness of the people are
carried out.
The third department of the government is the JUDICIAL DEPARTMENT
or the judiciary. Its members are, in Virginia, chosen by the
legislature. Their duty is to administer the laws, that is to
inquire into every case in which a person is accused of breaking
the laws, and if a person is found to be guilty, to sentence him
to the punishment which the law prescribes for the crime or
offence he has committed.
In this book full particulars and explanations are given as to the
formation of those three departments of government, the many
duties assigned to each, and how those duties are performed.
In republics government is usually carried on according to the
wishes of the majority of the people. This is what is called
MAJORITY RULE. At elections to form the legislative or executive
department, different persons or candidates are proposed for each
office, and the candidate who gets a majority of the votes is
elected. A candidate is a person who is proposed for election to
some office.
Candidates for public offices are proposed or nominated at what
are called CONVENTIONS. A convention is a meeting of electors, or
voters, held for the purpose of agreeing upon or choosing persons
to be candidates for office. Conventions are called together and
conducted by organizations known as PARTIES or POLITICAL PARTIES.
There are usually at least two political parties in every country
in which there is constitutional government. Each of the parties
nominates candidates at every election, and tries in every
legitimate way to persuade the people to vote for its candidates.
The party whose candidates are elected is called THE PARTY IN
POWER. This is what is known as PARTY GOVERNMENT.
It is good for the state that there should be political parties.
Each party closely watches the conduct of the other, and if the
party in power make bad laws or execute the laws unfairly or
unjustly, the party out of power appeals to the people by public
speeches and by writing in newspapers, and does what it can to get
the voters to vote against the party in power at the next election
and turn it out of office.
Every citizen may join either of the parties he pleases, and so
exercise his influence through conventions and elections to secure
good government. And it is the duty of every citizen to do this,
for good government--honest law-makers and honest administrators
of the laws--is one of the greatest blessings a state can have. It
is also the duty of young people to learn about the government and
politics of their state, so that when they come of age they may be
able to perform their part as citizens intelligently and well.
QUESTIONS.
1. Define GOVERNMENT.
2. Give some illustrations of the necessity of government.
3. What is the necessity for laws in a country?
4. Define CIVIL.
5. What is a republic?
6. What does the government in a republic consist of?
7. What is the duty of the legislative department?
8. What is the duty of the executive department?
9. What is the duty of the judicial department?
10. What do you understand by majority rule?
11. What is a convention?
12. What is a party government?
13. Why is it good for the state that there should be political
parties?
14. Why is it the duty of every citizen to become a member of one
of the political parties?
15. Why is it good for young people to learn about government and
politics?
VIRGINIA CIVIL GOVERNMENT
I.
GENERAL PRINCIPLES
1. All power is vested in and hence derived from the people;
magistrates are their trustees and servants and at all times
amenable to them.
2. Government is, or ought to be, instituted for the common
benefit, protection, and security of the people.
3. No free government, or the blessing of liberty, can be
preserved to any people but by a firm adherence to justice,
moderation, temperance, frugality, and virtue, and by frequent
recurrence to fundamental principles.
--Bill of Rights.
The BILL OF RIGHTS is the title of the first article, or chapter,
of the Constitution of Virginia. It is so called because it is a
declaration or statement of the RIGHTS of the people in regard to
government. In English history the name BILL OF RIGHTS is given to
a declaration of rights adopted by the two houses of Parliament in
England in 1688, and soon afterwards passed into law.
VESTED IN means entrusted to or put in possession of. To vest is
to invest or clothe with power or authority.
MAGISTRATES are public officers whose duty it is to administer the
laws. The President is the chief magistrate of the nation. It is
his duty to see that the laws of the United States are executed Or
carried out. The governor is the chief magistrate of the State;
the mayor is the chief magistrate of the city. Judges are
magistrates who preside in the courts and administer the law as
applying to the cases brought before them.
Trustees are persons who hold or have charge of the property of
others in trust, and as guardians, for those to whom it belongs.
Magistrates hold their offices as trustees for the people, and
they are amenable, that is, answerable, to the people. If they do
not perform the duties of their offices honestly, the people can
call them to account and punish them.
A FREE GOVERNMENT is a government instituted, that is,
established, by the consent of the people. The government of the
United States is a free government, because it has been
established by the people, and the people can change it when they
please.
"Government ought to be established for the COMMON BENEFIT." This
means that government ought to be for the benefit of all the
people, poor as well as rich, and under a free government all the
people have equal protection from the law.
FUNDAMENTAL PRINCIPLES are principles or truths according to
which, or upon which, systems, or laws, or institutions, are
FOUNDED. The fundamental principles of free government are that
all men are born equal, and that all men have equal rights to life
and liberty.
RECURRENCE means A GOING BACK TO. We must frequently recur, or go
back to, fundamental principles in order to preserve free
government. We must also firmly adhere to, or practice justice,
moderation, temperance, and virtue.
JUSTICE is the doing of what is right. MODERATION means the
avoiding of severity or harshness in our conduct towards others.
TEMPERANCE is the moderate or reasonable use or enjoyment of the
pleasures of life. FRUGALITY is the practice of thrift and economy
as opposed to extravagance. VIRTUE is the practice of the moral
good taught by religion.
The constitution guarantees to the people the right to make and to
change their own laws; the right of speedy trial by jury;
protection in the enjoyment of their inherent rights; freedom of
elections; freedom of speech; freedom of the press; religious
freedom; equal civil and political rights and public privileges.
It prohibits excessive bail, excessive fines, the infliction of
cruel and unusual punishments, and the taking of private property
for public uses except by law and with just compensation.
A CONSTITUTION is a system or plan of government, or a written or
printed statement of the principles and rules according to which a
government is to be conducted. The constitution tells how the
government is to be formed, what it has power to do, and what it
must not do. The Constitution of Virginia GUARANTEES, that is,
secures or makes sure to the people, the right to make or change
the laws. A government under a constitution is called a
CONSTITUTIONAL government.
TRIAL BY JURY is trial by a judge and certain citizens who are
called the jury. The duty of the judge is to see that the trial is
conducted according to law, and to pass sentence on the accused
person if found guilty. The duty of the jury is to decide, after
hearing the evidence, whether the accused person is guilty or not.
This declaration of the jury is called a VERDICT, a word which
means a TRUE SAYING.
INHERENT means inseparable from, or not to be taken away. INHERENT
RIGHTS are rights that cannot justly be taken away from the
people. The right to life and liberty is an inherent right of man
which cannot be taken away by any constitution or government.
FREEDOM OF ELECTIONS means freedom to hold elections to choose the
officers of government, and freedom for every citizen to vote for
the candidate of his choice. FREEDOM OF SPEECH and FREEDOM OF THE
PRESS mean liberty for all to speak or publish what they desire to
say on any subject, being liable to punishment by law if they
speak or publish anything injurious to the reputation of others.
RELIGIOUS FREEDOM means liberty to belong to any religion, or to
worship God in any way that one thinks proper.
CIVIL RIGHTS are the rights a man is entitled to as a member of
the community, such as the right to trial by jury, the right of
freedom of speech.
POLITICAL RIGHTS are the rights that belong to men as citizens,
Such, as the right to vote, the right to be candidates for public
office.
PUBLIC PRIVILEGES are benefits or advantages possessed by some and
not by others, such as charters to corporations or licenses to
carry on certain kinds of business. For example, a license to sell
liquors is a public privilege. It is not for the public good that
it should be given to everybody, but the Constitution guarantees
that under necessary restrictions as to the number of such
licenses granted, all citizens shall have equal rights to such
privileges.
PRIVATE PROPERTY is property that belongs to private individuals.
It may be taken for public use when necessary. If a government
building has to be erected or a railroad made, the land required
for the purpose may be taken from the owner, but a just price must
be paid for it.
Who May Vote and Hold Office. Every male citizen of the United
States, who is 21 years old, who has been a resident of the State
two years, of the county, city, or town one year, and of the
precinct in which he offers to vote thirty days next preceding any
election, has been registered and has paid his state poll taxes,
shall be entitled to vote; except idiots and lunatics, persons
convicted after the adoption of the constitution of bribery in any
election, embezzlement of public funds, treason, felony, or petit
larceny, obtaining money or other property under false pretences,
or who have been in any way concerned in a duel.
All persons entitled to vote shall be eligible to any office
within the gift of the people, except as restricted by the
constitution.
Excepting the requirements of residence in the voting precinct,
payment of poll tax and registration, the qualifications of jurors
are practically the same as those of voters.
A CITIZEN is a native of the United States or a foreigner who has
been made a citizen. To be made a citizen, a person must, at least
two years before admission, make a declaration before a judge that
it is his intention to become a citizen of the United States, and
to renounce allegiance to all foreign powers or princes. Having so
declared his intention, and after residing five years in the
United States, he must declare on oath before a judge that he
renounces allegiance to all foreign powers, and that he will
support the Constitution of the United States. He then receives a
paper or document certifying that he is a citizen. The paper is
called a NATURALIZATION paper, and the person who receives it is
said to be NATURALIZED, because it entitles him to all the rights
and privileges of a NATIVE or NATURAL-BORN citizen of the United
States.
CONVICTED means tried in a public court for a crime and found
guilty. BRIBERY in elections is buying or selling votes, or giving
money or payment in any form to a voter for voting for any
candidate. EMBEZZLEMENT is the crime a person commits who takes
for his own use the money or property of others that has been
entrusted to his care. TREASON is to make war against or try to
overthrow or destroy the government of one's own country. FELONY
is a crime that may be punished by death or imprisonment in state
prison. PETIT LARCENY is the stealing of goods of small value.
Every voter is required to be registered. This is a most important
proceeding, as it insures the purity of the ballot and the
intelligent exercise of the right of franchise. Elections. Shall
be by ballot; for State, county, corporation and district
officers, shall be held the Tuesday after the first Monday in
November; except for mayors and councils of cities and towns,
which shall be the second Tuesday of June.
State executive officers elected at a general election shall enter
upon the duties of their respective offices the first of February
next thereafter; members of the House of Delegates and all county,
corporation, and district officers on the first of January, and
Senators on the second Wednesday in January next thereafter; and
mayors and councils of cities and towns on the first of September
next succeeding their election. State executive officers elected
by the General Assembly enter upon their duties the first of March
following their election.
They shall continue to discharge the duties of their respective
offices until their successors shall have qualified.
The BALLOT is the printed list containing the names of all the
candidates to be voted for at an election. The places where the
people vote are called POLLS, and they are kept open for one day--
from sunrise to sunset. At the polls there are officers called
judges or clerks of election. When the voter goes to the poll on
election day, one of the judges hands him a ballot. With the
ballot he goes alone into a small compartment or BOOTH, where
there is a desk with a pencil or pen and ink. There he draws a
mark with the pen or pencil through the names of the candidates he
does not wish to vote for, leaving the names of the candidates he
votes for unmarked He then, folds up the ballot, with the names of
the candidates on the inside, and hands it to one of the judges,
who drops it into a box, where it remains until the votes are
counted after the poll closes. The candidates who receive the
highest number of votes are declared elected. This is done by the
Board of State Canvassers (which see).
STATE OFFICERS are officers elected by the voters of the whole
State. The governor, the lieutenant-governor, and attorney-general
are State officers.
A CORPORATION is a body or number of persons formed and authorized
by law to carry on business under one name as a single person.
Banks and railroad and manufacturing companies are corporations.
They are called private corporations because the business they do
is for the benefit of private individuals. The people of cities
and towns have power by law to carry on the government of their
cities and towns as corporations. They are called public
corporations because they are formed for the purpose of
government, and act for the whole people (see under Government of
Cities and Towns)
QUALIFIED, with regard to State officers, means having taken the
oath of office. The Constitution requires that every person,
before entering upon the discharge of any functions as an officer
of the State, must solemnly swear or affirm that he will support
and maintain the Constitution and laws of the State of Virginia,
and that he will faithfully perform the duty of the office to
which he has been elected. To take this oath is to QUALIFY for the
office.
The State is entitled to two U. S. Senators and ten
Representatives in Congress, and to twelve votes for President and
Vice-President in the Electoral College.
The ELECTORAL COLLEGE is the name given to the body of persons who
elect the President and Vice-President of the United States. At a
presidential election, which takes place every four years, the
people do not vote directly for the candidates who have been
nominated for President and Vice-President. They vote for persons
nominated to be ELECTORS, and each State has the right to choose
as many electors as it has senators and representatives in
Congress. Virginia has two senators and ten representatives in
Congress, therefore at the presidential election it chooses twelve
electors. This is what is meant by saying that it has twelve votes
in the Electoral College.
The members of the Electoral College do not meet all together to
elect the President and Vice-President. The electors of each State
meet in the capital of their own State in January after they are
elected, and vote by ballot for President and Vice-President.
after which they send lists to the President of the United States
Senate showing how they have voted. Those lists are examined in
the Senate and the votes counted. Then the candidates who have
received the votes of a majority of the Electoral College are
declared elected.
QUESTIONS.
1. From whom are the powers of government derived?
2. What are magistrates?
3. For what is government instituted?
4. What are fundamental principles?
5. What is the Bill of Rights?
6 What is a constitution?
7. What is trial by jury?
8 Tell what you understand by freedom of elections, freedom of
speech, freedom of the press, and religious freedom
9. Tell the difference between civil rights and political rights.
10. What are public privileges?
11. What is involuntary servitude?
12. Define PRIVATE PROPERTY.
13. Who is entitled to vote, and who is eligible to office?
14. What is a citizen?
15. How may one become a citizen?
16. Define the terms BRIBERY, EMBEZZLEMENT, TREASON, FELONY, PETIT
LARCENY, and DUEL.
17. What are jurors?
18. When are the elections for State officers held?
19. How are elections conducted?
20. Define BALLOT, POLLS, and BOOTH.
21. What are State officers?
22. What is a corporation?
23. What is the meaning of QUALIFIED?
24. How many senators and representatives in Congress is the State
entitled to?
25. How many votes is the State entitled to in the Electoral
College?
26. What is the Electoral College?
27. How do the electors choose the President and Vice-President of
the United States?
II.
LEGISLATIVE DEPARTMENT.
The legislative power of the commonwealth is vested in a General
Assembly consisting of a Senate and House of Delegates.
LEGISLATIVE POWER is the power to legislate or make LAWS, hence
the General Assembly is the LEGISLATURE of Virginia. COMMONWEALTH,
which means COMMON WELL-BEING, or common good, is a name sometimes
given to a State or country which has a republican form of
government--that is, a government in which the people are the
supreme power, and in which all the people have common (that is,
equal) interests and common rights. CONSISTING means formed or
made up of.
A DELEGATE is a person appointed or elected by others to do
business for them as their representative. The members of the
House of Delegates are elected by the people of the State to
represent and act for them in the business of making laws.
The Senate.
Number. There are forty Senators, from thirty-nine senatorial
districts. The Lieutenant-Governor is the presiding officer.
Elected. By the people; one-half being chosen every two years
until the general election in 1907. At that time, and every four
years thereafter, the entire senate will be chosen at one time for
a term of four years.
Qualifications. A Senator must be an actual resident of the
district for which he is elected; must be legally qualified to
vote for members of the General Assembly; must hold no salaried
office under the State government.
Powers. Shall select its own officers; choose from its own body,
in the absence of the Lieutenant-Governor, or when he exercises
the office of Governor, a president PRO TEMPORE; confirms or
rejects nominations; has sole power to try impeachment.
SENATORIAL DISTRICTS are the districts into which a State is
divided for the election of senators. There are thirty-nine
districts in Virginia, and each of them elects one senator, except
the district formed of Richmond and the County of Henrico, which
elects two. PRESIDING OFFICER is a person who PRESIDES or acts as
president or chairman in any assembly or meeting.
A candidate for the Senate must be LEGALLY QUALIFIED TO VOTE for
members of the General Assembly. This means that he must be a
citizen of the United States, a resident of Virginia for two
years, and have the other legal qualifications of voters as
required by the Constitution.
PRO TEMPORE is a Latin phrase meaning FOR THE TIME--that is, for a
short time or temporarily. The Senate elects one of its own
members to preside PRO TEMPORE if the lieutenant-governor happen
to be absent, or when he is called upon to act as governor. (See
under Powers and Duties of governor, page 28.) The Senate has the
power to CONFIRM OR REJECT NOMINATIONS. Many public officers of
the State are appointed by the governor, but when he nominates or
NAMES a person for a public office he sends the nomination to the
Senate, and it may confirm--that is, approve of--the nomination,
or it may reject it. If it should reject the nomination, the
person nominated is not appointed.
IMPEACHMENT means a charge of dishonesty or serious neglect of
duty made against a public official. In an impeachment it is the
House of Delegates which must make the charge and act as
prosecutor, but it is the Senate which must try the case and pass
sentence on the accused, if proved guilty.
House of Delegates.
Number. Composed of one hundred members apportioned by statute
among the counties and cities of the State.
Elected. By the people for two years.
Qualifications. Same as for Senators.
Powers. Elects its own Speaker and all other officers; impeaches
State officers, and prosecutes them before the Senate. The Clerk
of the House of Delegates is also Keeper of the Rolls.
Apportioned means divided or distributed or allotted. A statute is
any law, but the word is most commonly understood to mean a law
made by a legislature representing the people. The number of
delegates appointed to the counties and cities--that is, the
number which each is entitled to elect--is decided by statute in
proportion to the number of inhabitants.
The chairman of the House of Delegates is called the speaker. The
same title is given to the presiding officer of the lower house in
nearly every legislature in English-speaking countries.
The rolls are the statutes in written form as passed by the
Assembly. A law when proposed in the Assembly is called a bill. To
become a statute a bill must be voted on and have a majority three
times in the House of Delegates and three times in the Senate and
be signed by the governor. Then it is an act, or a Statute, or a
law. The copy signed by the governor is an engrossed or written
copy, and the official copies of the laws so engrossed are the
rolls, and are preserved by the keeper of the rolls, who is the
clerk of the House of Delegates.
General Assembly. (Senate and House jointly.)
Sessions. Biennial. Beginning the second Wednesday in January of
every even year, and continuing sixty days. The session may be
extended not exceeding thirty days. It may be convened in special
session by the Governor.
The Senate and House of Delegates jointly--that is, both together
--are called the General Assembly. Sessions means sittings or
meetings for business, and biennial means happening once every two
years. The General Assembly meets once every two years, and it
does business for sixty days. If the business necessary to be done
require more time, the session may be extended--that is,
lengthened--thirty days. A special session is a session convened--
that is, called to meet--for some special or particular business.
The governor may convene such a session whenever he thinks it
necessary.
Powers. General powers of legislation under the constitution.
Elects U. S. Senators, County and City Electoral Boards, Auditor
of Public Accounts, Second Auditor, Register of the Land Office,
Superintendent of Public Printing, the Judges of the Commonwealth;
decides contests in the election of Governor and Lieutenant-
Governor; confirms or rejects nominations of certain officers made
by the Governor, the State Board of Education, etc.
Powers means what the General Assembly has power to do.
Legislation is the making of laws. The Assembly has powers of
general legislation under the constitution--that is, of making all
such laws as the constitution directs or does not forbid.
(Explanations are given later on as to the boards and officers
mentioned here which the General Assembly has power to elect.)
Contests--that is, disputes or differences--may occur in the
election of governor and lieutenant-governor. There may be
contests as to counting of votes or as to the qualifications of
candidates. Such contests are decided by the General Assembly.
Membership. Each house settles its own rules of proceeding; is
judge of the election, qualification, and returns of its members.
Members are not subject to arrest under any civil process during
the session of the General Assembly, nor for fifteen days next
before the convening, and after the termination of each session;
are privileged from arrest in all cases during the session, except
for treason, felony, perjury, breach of the peace, or a contempt
of court of a criminal nature.
What is meant by each house being judge of the election,
qualification, and returns of its members is, that it can decide
whether the members are legally elected and qualified. Returns are
the particulars as to names of candidates and the number of votes
cast for each, which the election judges are required to make up
after the close of the poll on election day. The qualifications
necessary for a member of either house are as follows: he must be
twenty-one years of age or over, and a voter of the State of
Virginia, and he must reside in the district for which he is
elected.
Civil process is a law-proceeding in a case where no crime is
charged, but such as for the recovering of a debt or for the
settlement of a difference relating to business matters. Perjury
is the crime of wilfully making a false oath. When a person
appears as a witness in a court of law he has to take an oath that
he will tell the truth. If after taking such oath he tells what he
knows to be untrue, he is guilty of perjury.
A breach of the peace is any act of violence which causes public
disturbance, such as one person assaulting another and thereby
causing a quarrel or riot.
Contempt of court is disobedience to the orders or decrees or
rules of a court of law. Insult or violence to a judge in court
would he criminal contempt.
Salaries. The President of the Senate and the Speaker of the House
of Delegates, each, $400; and the other members, each, $240 for
attendance and service at each regular session; at all extra
sessions, the President of the Senate and Speaker of the House of
Delegates shall receive, each, $240, and the other members, each,
$120. Members are entitled to mileage.
In addition to his salary each member of the Assembly receives ten
cents per mile for expenses of traveling to and from the sessions
of the Assembly. This allowance is called mileage.
Bills may originate in either of the two houses. No bill shall
become a law until it has been read on three different days in
each house except by a vote of four-fifths of the members voting
in each house.
Every bill which shall have passed the Senate and House of
Delegates shall, before it becomes a law, be presented to the
Governor; if he approve, he shall sign it and it is then a law,
but if not, he shall return it with his objections to the house in
which it originated; who shall proceed to reconsider it. If after
such consideration two-thirds of the members present shall agree
to pass the bill, it shall be sent to the other house, by which it
shall be reconsidered, and if approved by two-thirds of all the
members present, it shall become a law, notwithstanding the
objections of the Governor.
He may also veto any particular item of an appropriation bill, but
this item may also be passed over his veto by a two-thirds vote of
both houses.
If any bill shall not be returned by the Governor within five days
after it shall have been presented to him, it shall be a law in
like manner as if he had signed it.
A bill is a draft or statement of a proposed law. A bill may
originate in either house--that is, it may be first proposed in
either the Seriate or House of Delegates. Any senator or delegate
who wishes to have a new law made must first put it in writing.
Then he himself introduces or proposes it in the house of which he
is a member, or it may be introduced by a committee.
A committee is a number of persons, usually not a large number,
appointed by a legislature or other body to take charge of and
attend to some particular business. The members of the House of
Delegates and of the Senate are divided into committees, and some
special subject or business is entrusted to each. For example, in
the Senate there are committees on Privileges and Elections,
Public Institutions and Education, and many other subjects; and in
the House of Delegates there are committees on Courts of Justice,
Schools and Colleges, and other subjects.
Usually proposals for new laws are referred for consideration to
the committee having charge of the subject or business to which
the proposed law relates. Committees in the Senate are elected by
the senators themselves; committees in the House of Delegates are
appointed by the speaker.
When a new law or bill is introduced it is either proposed by a
committee, or by some member and given for consideration to a
committee. In order to pass, it must be read three times on three
different days (once each day) in the house in which it
originates.
The first reading is the formal placing or presenting of the bill
before the house. At the second reading the bill is discussed, and
any member who wishes to say anything for or against it is at
liberty to do so.
Amendments may also be proposed at the second reading. An
amendment is an alteration or a change in the wording or matter of
a bill. After an amendment is discussed the house votes upon it,
and if a majority is for it, the change is made in the bill.
When all amendments are discussed and voted on, a vote is taken on
the bill as a whole, and if a majority of the members vote for it,
it is read a second time.
It is then engrossed, or written out, by the clerk of the house,
and read a third time, after which a vote is again taken, and if
there is a majority for it, it passes the house.
When the bill is passed in the house in which it originated, it is
taken to the other house by the sergeant-at-arms. There it goes
through the same forms of reading and discussion, and if it be
read three times and have a majority in its favor it is passed. It
is then enrolled, after which it is signed by the presiding
officer in each house, and when this is done it is sent to the
governor for his signature.
The sergeant-at-arms is an officer whose duty it is to preserve
order in the chamber where the sessions of either house are held,
to distribute among the members any papers or documents they may
require, and in general to perform such services as are necessary
for the proper transaction of business. Each house has its own
sergeant-at-arms.
(For enrolling, see under House of Delegates, page 19.) The
requirements with regard to a bill after it is sent to the
governor are stated in the text above. (For the veto power of the
governor, see page 28.)
QUESTIONS.
1. In whom is the legislative power of the commonwealth vested?
2. What is the legislative power?
3. Define commonwealth.
4. What is a delegate?
5. How many members constitute the Senate?
6. What are senatorial districts, and how many are there in the
State?
7. Who is the presiding officer of the Senate?
8. For how long are senators elected?
9. What are the qualifications of a senator?
10. What are the powers of the Senate?
11. What does impeachment mean?
12. Who tries a case of impeachment?
13. How many members of the House of Delegates?
14. Define statute.
15. For how long are members of the House of Delegates elected?
16. What are the qualifications of delegates?
17. What are the powers of delegates?
18. Define apportioned.
19. What is the chairman of the House of Delegates called?
20. What are the rolls, and by whom are they kept?
21. What does the General Assembly consist of?
22. How often are the sessions of the General Assembly held?
23. What is a special session?
24. What are the powers of the General Assembly?
25. What officers does it elect?
26. What is legislation?
27. What are contests in elections of governor and lieutenant-
governor, and who decides them?
28. What is meant by each house being judge of the election,
qualifications, and returns of its members?
29. What are election returns?
30. Define civil process.
31. What is perjury?
32. What is contempt of court?
33. What are the salaries of the officers and members of the
Assembly?
34. What is mileage?
35. What is a bill?
36. Tell how a bill becomes a law.
37. What is a committee?
38. Define amendment.
III.
EXECUTIVE DEPARTMENT.
Governor.
Elected. By the people for four years. Must reside at the seat of
government during his term of office; not eligible for the next
succeeding term. Salary, $5,000 a year. He shall receive no other
emolument from this or any other government.
The seat of government is the city or town in which the
Legislature holds its sessions. Richmond is the seat of government
of the State of Virginia. Term is the period of time for which a
public officer is elected. The term of the governor is four years.
He is not eligible--that is, he cannot be elected--for the next
succeeding term--that is, he cannot be governor for two terms, one
immediately following the other. Emolument is salary or
compensation or pay.
Qualifications. Must be at least thirty years of age; must be a
citizen of the United States; must have been for the five years
next preceding his election a resident of the State. If of foreign
birth, he must have been a citizen of the United States for the
ten years next preceding his election.
Foreign birth means birth in any country outside the United
States. But the children of American citizens are citizens of the
United States, even though they have been born in another country.
Powers and Duties. The chief executive officer of the
commonwealth; shall take care that the laws are faithfully
executed; shall communicate to the General Assembly, at every
session, the condition of the commonwealth, and recommend such
measures as he may deem expedient; may call special sessions of
the General Assembly; shall be Commander-in-Chief of the Land and
Naval Forces of the State; may embody the militia to repel
invasion, suppress insurrection, and enforce, the execution of the
laws; shall conduct all intercourse with other and foreign states;
may fill temporarily, during the recess of the General Assembly,
all vacancies in those offices for which the constitution and laws
make no provision; may remit fines and penalties, grant reprieves
and pardons, remove political disabilities, and commute capital
punishment; shall attest all commissions and grants; signs or
vetoes bills passed by the General Assembly.
The governor is the chief executive officer. He is called chief
because he is the highest public officer of the State, and
executive because it is his duty to execute or carry out the laws.
It is also his duty to send what is called a message to each
session of the General Assembly. The message is a letter or
statement in which he communicates to the Assembly full
information as to the condition of the State, and recommends such
measures--that is, such new laws--as he thinks necessary.
Militia is a body composed of citizens enrolled and trained as
soldiers for the defence of the State. All able-bodied male
persons between the ages of eighteen and forty-five years may be
called to serve in the militia. Naval forces are military forces
or militia that serve on sea.
Invasion is the entrance into a State of a military force from
another country for the purpose of conquest. To repel invasion is
to oppose it by force, to drive off the invaders. Insurrection is
a rising or rebellion of people in a State against the government
of their own State. It is the duty of the governor to suppress--
that is, to put down--insurrection, and to ENFORCE the EXECUTION
of the laws--that is, to carry out the laws by force if necessary.
INTERCOURSE is correspondence with others by letter or message.
When it is necessary to have intercourse with another State or a
foreign country, the governor, as the chief executive and highest
representative of the people, is the person who conducts such
correspondence.
The recess of the General Assembly is the time when it is not in
session. During recess of the Assembly, the governor may fill
vacancies in public offices for which the Constitution and laws
make no provision. For example, the Constitution and laws make no
provision for the appointment of judges during the recess of
Assembly; therefore, if a judge dies during the recess, the
governor appoints a person to fill the vacancy until the Assembly
meets and elects a new judge.
A FINE is a PENALTY or punishment in the form of payment of money.
Sometimes a person convicted of an offence against the law is
ordered by the judge to pay a sum of money instead of being sent
to jail. This is called a FINE. But it may happen that the person
is convicted by mistake or by false evidence, or that the fine is
too heavy for the person to pay. In such cases the governor may
REMIT the FINES--that is, release or free the persons from having
to pay.
The governor may also GRANT REPRIEVES AND PARDONS if he sees good
reason for doing so. A reprieve is a delay of punishment. When a
person is convicted of murder, the judge sentences him to be put
to death on a certain day. But there may be reason for further
inquiry into the case, and to give time for such inquiry the
governor may postpone the execution of the sentence--that is, put
it off to another day. This is called a reprieve. If the further
inquiry should prove that the person is innocent, a full pardon is
granted and the person is set free.
POLITICAL DISABILITIES are punishments which deprive persons of
certain rights of citizenship. A citizen convicted of bribery in
an election, embezzlement of public funds, treason, felony, or
petit larceny, is by the law of Virginia deprived of the right of
voting. This is a POLITICAL DISABILITY. The person convicted is
legally DISABLED to vote. The governor may remove the disability,
and this restores to the person his right of voting. The governor
may also COMMUTE CAPITAL PUNISHMENT. To COMMUTE is to CHANGE, and
CAPITAL PUNISHMENT is the punishment of DEATH--the punishment
inflicted on persons convicted of murder. The governor may order
that instead of being put to death the convict be imprisoned for
life, or for a number of years. (A convict is a person CONVICTED
or found guilty of crime.)
The governor shall ATTEST ALL COMMISSIONS AND GRANTS. To ATTEST is
to certify, or bear witness to, and a COMMISSION is a written
paper giving power or authority to some person or persons to
perform a public duty. When a judge is elected he receives a
commission authorizing him to act as such, and the governor
attests the commission by signing his name to it. GRANTS or gifts,
such as grants of public lands or money for educational or other
public objects, are also made in writing, and must be attested by
the governor. (Commissions and other important papers must have
upon them an impression of the seal of the State. The seal is a
circular piece of metal made like a medal or large coin and
bearing on each side certain figures and mottoes. The impression
of the seal shows that the paper has been officially attested or
certified.)
The VETO power is one of the most important powers possessed by
the governor. When a bill is passed by the General Assembly it is
sent to the governor for his signature. If he SIGN it--that is,
writes his name upon it--it is then a law. If he VETO the bill, or
any item contained in it appropriating money, the bill, or such
part of it as is vetoed, cannot become a law until it is again
passed by a two-thirds vote of both houses. (VETO is a Latin word
meaning I FORBID.)
In case the Governor dies, or is in any way incapacitated for
performing the duties of his office, the Lieutenant-Governor shall
act; and in case of the inability of both, the President PRO
TEMPORE of the Senate shall act.
INCAPACITATED for office means legally disqualified. The governor
would be incapacitated if he should refuse to qualify by taking
the necessary oath, or if he should reside out of the State, or if
he should be convicted on impeachment.
LIEUTENANT-GOVERNOR.
Elected. At the same time and for the same term as the Governor,
and his qualifications and the manner of his election in all
respects shall be the same.
He shall be the President of the Senate, but shall have no vote,
except in case of an equal division.
For the same term means for the same length of time. The governor
is elected for four years. That is his term of office. The term of
the lieutenant-governor is the same.
An equal division is an equal number voting for and against the
same proposal. If a bill is proposed in the Senate and twenty
senators vote for and twenty against it, that is an equal
division. In such case, and in no other case, the president votes.
He may vote on either side he pleases, and his vote is called a
casting vote.
ATTORNEY-GENERAL.
Elected. By the people for four years. Salary, $2,500 and mileage.
Duties. Shall give his opinion and advice when required to do so
by the Governor, or by any of the public boards and officers at
the seat of government; shall appear as counsel for the State in
all cases in which the commonwealth is interested, depending in
the Supreme Court of Appeals, the Supreme Court of the United
States, the District and Circuit Courts of the United States for
the State of Virginia, and shall discharge such other duties as
may be imposed by the General Assembly. Member of the State Board
of Education.
An attorney is a person who acts for and in the place of another.
The word is usually applied to a lawyer who is employed by another
to act for him in any law business he wishes to have done. An
attorney who appears in a court of law and acts or defends a
person, or acts against a person accused of crime, is called a
counsel.
The attorney-general is a lawyer who is elected to do law business
for the State. He must appear in court as counsel for the State in
every case in which the commonwealth (meaning the whole people) is
interested. The commonwealth is interested in every case of crime,
because it is for the interest or well-being of the people that
those who commit crime should be punished. If this were not done--
if criminals, persons who commit murder or burglary or theft--were
not arrested and punished, no man's life or property would be
safe. The attorney-general must appear and act for the
commonwealth in any of the courts above mentioned whenever there
is a case in any of them in which the people of the State are
interested.
Depending or pending with reference to a case means that the case
is in court waiting to be tried or decided. (For information as to
Supreme Court of Appeals and Circuit Court of the City of
Richmond, mentioned above, see under Judiciary Department.)
The Supreme Court of the United States is the highest court of the
United States. Its members or judges are appointed by the
President and hold office for life, and it sits at Washington and
tries cases in which any person or persons are accused of
violating the Constitution of the United States. The members of
the district and circuit courts of the United States are also
appointed by the President. These courts sit in various districts
of States, and try cases in which persons are accused of violating
the laws of the United States--that is, the laws made by Congress.
The word circuit means a going round. A district in which the same
judges go round at certain times and hold courts in several places
is called a circuit, and the courts so held are called circuit
courts.
QUESTIONS.
1. For how many years and by whom is the governor elected?
2. Where must the governor reside?
3. Is the governor eligible for a second term?
4. What is the governor's salary?
5. What is the seat of government?
6. What qualifications are necessary in a candidate for governor?
7. Mention some of the powers and duties of the governor.
8. Why is the governor called the chief executive officer?
9. What is the governor's message?
10. What is the militia?
11. Define naval forces, invasion, insurrection.
12. What is a fine?
13. What is a reprieve?
14. What are political disabilities?
15. What is capital punishment?
16. Define commissions and grants.
17. What is the veto power?
18. When does the lieutenant-governor act as governor?
19. In case of the inability of both the governor and lieutenant-
governor, who acts as governor?
20. How is the lieutenant-governor chosen?
21. What are the qualifications of the lieutenant-governor?
22. Does the lieutenant-governor ever vote in the Senate?
23. What is an equal division?
24. What is an attorney?
25. For how long is the attorney-general elected?
26. What is his salary?
27. What are his duties?
28. What are circuit courts?
IV.
EXECUTIVE DEPARTMENT--Continued.
Secretary of the Commonwealth.
Elected. By the people at the General Election for a term of four
years. Salary, $2,500.
Duties. Shall keep a record of all executive acts; shall attest
the signature of the Governor on all official documents; shall
keep the seals of the commonwealth; shall arrange and preserve all
records and papers belonging to the Executive Department; shall be
charged with the clerical duties of that department, and render
the Governor such services as he may require in the dispatch of
executive business; shall be general librarian, and have charge of
the library fund; shall receive and transmit election returns
directed by law to be sent to him, and keep a record of the
certified statements and determinations of the Board of State
Canvassers; issue certificates of election; collect tax on State
seal; keep on file the reports of other departments and make and
record a summary of each; record all charters of incorporation;
shall make quarterly reports to the Governor.
COMMISSIONS are fees or payments for certain work done. The
secretary of the commonwealth may charge fees for making out
copies of any public papers or documents kept hi his office, or
for issuing commissions (letters of appointment) to certain public
officers. The person who receives the copy or commission must pay
the fee.
A RECORD is a written account or description of any business or
work done. EXECUTIVE ACTS are official acts of the governor. The
secretary of the commonwealth must make records of such acts and
preserve them in his office. He must sign his own name after the
signature of the governor on all official documents. This is
called ATTESTING the signature.
There are two SEALS OF THE COMMONWEALTH. One is called the GREAT
SEAL, and the other the LESSER SEAL. (For form and description of
seal, see under POWERS AND DUTIES of governor, page 28.) The great
seal is much larger in size than the lesser. It is affixed to
documents signed by the governor which are to be used for purposes
outside the jurisdiction of the State, or, for example, in a
United States court, or in another State or foreign country. The
lesser seal is affixed to public documents signed by the governor
which are issued for use within the State.
CLERICAL DUTIES are the duties of writing letters, records, and
other papers or documents. A GENERAL LIBRARIAN is one who has
general charge or control of a library. The LIBRARY FUND is the
books and maps belonging to the State. These are kept in the State
library at the capital, and the secretary of the commonwealth is
the librarian.
ELECTION RETURNS when made up by the judges of election are sent
to the commissioners of elections and afterwards to the Board of
State Canvassers. The board determines and decides who have been
elected, and the secretary must KEEP A RECORD of the Board's
DETERMINATIONS.
After the election returns are examined by the State board, the
secretary makes out CERTIFICATES OF ELECTION for certain State
officers elected at the polls. The certificate is a paper
certifying or stating that the person has been elected. There is a
TAX or charge on the use of the State seals on certain documents,
and this tax is collected by the secretary of the commonwealth.
The secretary must KEEP ON FILE--that is, preserve--in his office
the reports of other public departments of the State, and make a
summary, or sketch, of the contents of each.
A CHARTER OF INCORPORATION is a paper or document granted by the
General Assembly, and giving power to a number of persons to carry
on business as a corporation, or to the people of a town or city
to carry on the business of government within their own districts.
TREASURER.
Elected. At the General Election for term of four years. Salary,
$2,000 and commissions allowed by law.
Duties. Shall receive and disburse, only upon a warrant from the
proper Auditor, all moneys paid into the Treasury of the State;
shall pay interest on certain bonds as they become due and
payable; shall be the custodian of bonds held by the Commissioners
of the Sinking Fund, and of bonds deposited by foreign express and
insurance companies doing business in the State; shall make
quarterly and annual reports to the Governor.
The treasurer is the person who receives and takes charge of money
belonging to the State. The building in which the money is kept
and in which the treasurer has his office is called the treasury.
The treasurer also disburses money. To disburse is to pay out, and
the treasurer cannot disburse without a warrant from the auditor
(see next section).
The warrant is a writing giving the treasurer power to pay money.
The treasurer pays the interest on State bonds. A bond is a
written paper by which a person binds or pledges himself to pay a
certain sum of money before a certain day. Sometimes the
government has to borrow money, and when it does so it issues
bonds to the persons who loan the money. In these bonds the
government binds itself to pay the money by a certain time, and to
pay a certain amount every year as interest until the principal
(the full amount borrowed) is paid back.
The sinking fund is money set apart at certain times to pay the
debts due by the government. It is in charge of officers called
commissioners. These commissioners hold bonds for debts due to the
government on account of the sale of public lands, and the
interest of the State in railroads and other corporations. Express
companies and insurance companies whose head-quarters are in
foreign countries, and who do business in Virginia, are required
to give bonds to the State as security that their obligations to
citizens of the State shall be honestly carried out.
AUDITOR OF PUBLIC ACCOUNTS.
Elected. By the General Assembly for term of four years beginning
on first day of March succeeding election. Salary, $4,000.
Duties. Shall audit all pecuniary claims against the commonwealth,
except those chargeable to the Board of Education, Corporation
Commission, or any corporation composed of officers of government,
of the funds and property of which the State is sole owner; shall
settle with officers charged with collecting the revenues of the
State; shall issue warrants directing the Treasurer to receive
money into the Treasury, and warrants upon the Treasurer in
payment of all claims except those mentioned above; shall report
to the Superintendent of Public Instruction by September 15th, in
each year, ninety per cent, of the gross amount of funds
applicable to public school purposes for the current year; shall
make quarterly and annual reports to the Governor.
An auditor is a person who audits or examines accounts or
statements of the receipt and expenditure of money, to see that
they are correct.
Pecuniary claims are claims for the payment of money. Such claims
made against the commonwealth are not paid until they are examined
by the auditor of the public accounts. Claims that are chargeable
--that is, to be charged--against the Board of Education, the
Corporation Commission, or corporations of government officers,
are not audited by the auditor of public accounts, but by the
second auditor (see next section). To report ninety per cent, of
the school funds is to state the amount to that extent that is
ready to be apportioned or divided among the cities and counties
for school use (see under sections Superintendent of Public
Instruction and School Funds).
SECOND AUDITOR.
Elected. By the General Assembly for four years from the first of
March next succeeding election. Salary, $1,700 and commissions
allowed by law.
Duties. Shall register all coupon and registered bonds and
fractional certificates issued on account of the public debt, and
all bonds redeemed and cancelled by the Commissioners of the
Sinking Fund; shall be the custodian of the books of the
Commissioners of the Sinking Fund, and securities for money
belonging thereto; shall audit all claims on account of the Board
of Education, Corporation Commission, and any corporation composed
of officers of government, of the funds and property of which the
State is sole owner; shall issue his warrant for all moneys
received into the Treasury, or drawn out of it on account of these
boards and corporations, the Sinking Fund and the Literary Fund;
shall make quarterly and annual reports to the Governor.
To register bonds is to enter particulars of them in books kept
for the purpose. Coupon bonds are bonds with interest coupons or
certificates attached to them, and bearing no name, but payable to
any person who presents the coupons at the treasury at certain
times. Registered bonds are bonds bearing the name of the person
who receives them, and payable to that person or any person to
whom he may sell or transfer them.
Fractional certificates are certificates or bonds issued for any
fractional part of one hundred dollars of the public debt. All
other bonds are issued for amounts of one hundred dollars or some
multiple of a hundred.
A bond is redeemed--that is, bought back--when it is received at
the treasury or office of the sinking fund and the amount of it is
paid to the holder. The bond is then cancelled. To cancel is to
deface or destroy so that the paper or bond cannot be used again.
A security is something given or deposited as a pledge that money
loaned shall be repaid. Debts may be due to the sinking fund by
railroad or other companies in which the State has an interest,
and securities have to be given that such debts shall be paid.
The literary fund was formed in 1810 from the sale of public
lands, some of which had been possessed by the Church in colonial
times. The fund has since been increased by the sale of lands
given to the State by Congress for public school purposes. and by
fines collected for offences committed against the State, and by
donations made by private individuals. It is called the literary
fund because it is used for purposes of education.
Register of the Land Office.
Elected. By the General Assembly for a term of four years from the
first of March next succeeding election. Salary, $1,800. He is
also Superintendent of Public Buildings.
Duties. Shall issue grants to all purchasers of waste lands;
record all grants and patents, and furnish lists to the clerks of
the county and corporation courts; shall keep the records,
documents, and entries of Northern Neck Lands, and of lands
granted, or to be granted, by the Commonwealth; shall have care of
the public buildings and all other public property at the seat of
government not placed in charge of others; shall have control of
Capitol Square; shall try, prove, and seal weights and measures;
shall report semi-annually to the Auditor of Public Accounts.
The land office is the office in which business connected with the
sale or granting of public lands is conducted. This business is
under the control of an officer called the register of the land
office, and public buildings in the State are under his care. He
is also superintendent of weights and measures. At his office are
kept weights and measures, provided by the State, to be furnished
to counties and corporations as standards by which the weights and
measures in business use throughout the State are tested. The
State weights and measures are tried by the register once every
ten years, and when proved to be correct are marked with a seal.
In every county there is a sealer of weights and measures, who
must examine, once every three years, the weights and measures in
use throughout the county, to see that they are up to the
standard.
A patent is a government paper granting to some person or persons
the sole right to any lands, privileges, or inventions.
The Northern Neck was the name given in colonial times to the
peninsula lying between the Rappahannock and Potomac Rivers.
State Corporation Commission.
Composed of three members appointed by the Governor, subject to
confirmation by the General Assembly, for a term of six years
each. Salary, $4,000 each.
At least one of the Commissioners must have the qualifications
prescribed for judges of the Supreme Court of Appeals.
Duties. Shall issue all charters or amendments thereof for
domestic corporations and licenses to do business in the State to
foreign corporations; arrange for visitation, regulation and
control of all corporations doing business in the State; prescribe
the forms of all reports and collect and preserve such reports.
Shall control all transportation companies; fix the amount of
their taxes; prescribe rates, charges and classifications of
traffic and enforce the same.
Has the powers and authority of a court of record to administer
oaths and compel attendance of witnesses, and all appeals from the
Commission shall be to the Supreme Court of Appeals only. Shall
make annual reports to the governor.
The term corporation or company includes all trusts, associations
and joint stock companies having any powers or privileges not
possessed by individuals or unlimited partnerships. Charter means
the charter of incorporation under which any such corporation is
formed.
A transportation company is any company or person engaged in the
business of a common carrier. A transmission company includes any
company or person owning and operating a telephone or telegraph
line for hire. Public service corporations include transportation
and transmission companies, gas, electric light, heat and power
companies and all persons authorized to use or occupy any street
or public place in a manner not permitted to the general public.
Bonds are certificates of indebtedness issued by any corporation
and secured by a mortgage or trust deed.
Domestic corporations are such as are chartered under the laws of
Virginia. Foreign corporations are such as are incorporated under
the laws of some other state or country.
The General Assembly may place under the control of the
Corporation Commission divisions or bureaus of insurance, banking,
etc.
Every domestic and foreign corporation doing business in the state
shall file in the office of the Corporation Commission an annual
report as prescribed by law setting forth various facts regarding
its business, and organization, the names of its officers, its
place of business and such other information as may be required by
law.
A corporation may be established for the transaction of any lawful
business or to promote or conduct any legitimate object or
purpose.
Any number of persons not less than three may associate to
incorporate a college, an alumni association, a literary society,
a cemetery company or association, a fraternal benefit
association, a fraternal association, society, order or lodge, a
society for the prevention of cruelty to children or animals, a
charitable or benevolent association, or social, hunting, fishing
club, or any society, organization or association of a similar
nature.
A corporation may be limited as to duration to the time stated in
its charter. But when no time is so limited it shall be perpetual,
subject to the power of repeal reserved to the General Assembly.
A corporation may sue and be sued in any court of law and equity.
With regard to railroads, canals, and all transportation and
transmission companies, the State Corporation Commission has all
the power and authority formerly belonging to the office of
railroad commissioner; examines them as to their condition, the
causes of accidents, etc.; requires changes and improvements;
contracts with them for the conveyance of convicts, lunatics, etc.
Every railroad company in Virginia has a charter from the State,
in which are stated certain conditions on which, in the interests
of the people, they must carry on their business. It is the duty
of the Commission to examine the railroads from time to time to
see that they are operated in such a way that there shall be no
danger to the people who travel upon them.
To contract is to make an arrangement or a bargain for some work
to be done. The Commission makes contracts with the railway
companies for carrying convicts to prison from the place in which
they are tried and convicted, and for carrying lunatics to the
asylum or hospital in which they are to be confined.
With regard to internal improvements in which the State is
interested, the Commission has all the authority formerly
exercised by the Board of Public Works; appoints State directors
and State proxies for works in which the State is interested;
keeps a register of all property belonging to the State;
represents the State in relation to all corporations whether as a
stockholder, creditor, mortgagor, or otherwise.
Internal improvements are public works of various kinds for the
improvement of the State, such as railroads, canals, highways.
Money of the State may be invested in the capital of corporations
carrying on internal improvements, and it is the duty of the
Corporation Commission to watch and protect the interests of the
State in such undertakings.
For this purpose the Commission appoints directors and proxies to
act in such companies. A proxy is a person appointed as a
substitute for another. Proxies are appointed to represent and
vote for the State at meetings of corporations for internal
improvements, in which the State holds stock.
A TOLL is a charge made for passing certain canals, bridges, etc.
The Commission has the power to fix the amount of toll when it is
not specified in the charter of the canal or bridge company.
Superintendent of the Penitentiary.
Appointed. By the Board of Penitentiary Directors for term of four
years. Salary, $1,600.
Duties. Shall reside at the Penitentiary and be its chief
executive officer; shall have control and custody of the property
of the Penitentiary; shall employ a guard; shall report quarterly
to the Governor, and monthly and annually to the Board of
Directors.
The PENITENTIARY is the State prison at Richmond in which persons
convicted in the State courts are imprisoned.
The GUARD is a body of men employed at the prison by the
superintendent to prevent prisoners from escaping and to suppress
rebellion by the prisoners if attempted. The Board of Directors is
the board or body of men who have the management of the
penitentiary. They are also appointed by the governor.
Superintendent of Public Printing.
Elected. By the General Assembly for term of four years. Salary,
$1,500.
Duties. Must be a practical printer; shall have the supervision
and management of the public printing and binding of the
Commonwealth; shall report annually to the Governor, and
biennially to the General Assembly.
The numerous public departments and offices of the State require
to have a great deal of printing done. The acts passed by the
General Assembly, the reports of public boards and of public
officers, and the proceedings and decisions of some of the courts
have to be printed and bound into books. It is the duty of the
superintendent of public printing to make contracts for such work
and all other printing and binding required for State purposes,
and to see that it is properly done.
Commissioner of Agriculture and Immigration.
Elected. By the people at the General Election for term of four
years. Salary, $2,000.
Duties. Subject to the Board of Agriculture and Immigration, he
shall be the executive officer of the Department; shall examine
and test fertilizers, collect mining and manufacturing statistics,
establish a museum of agricultural and horticultural products,
woods and minerals of the State; shall investigate matters
pertaining to agriculture, the cultivation of crops, and the
prevention of injury to them; shall distribute seeds; shall
disseminate such information relating to the soil, climate,
natural resources, markets, and industries of the State as may
attract capital and induce immigration.
It is the business of the Board of Agriculture and Immigration to
promote the interests of farming throughout the State and to
encourage the introduction of capital and immigrants into the
State. The COMMISSIONER OF AGRICULTURE is its executive officer.
STATISTICS are statements of facts, usually accompanied by
figures, showing the condition or progress of countries or peoples
or industries.
The MINING AND MANUFACTURING STATISTICS of the State tell how many
mines and manufacturing establishments are open in the State, how
much work they do, how many people they employ, and give other
important information regarding them.
A CABINET OF MINERALS is a collection of specimens of minerals,
such as coal, ores, and metals. The commissioner of agriculture
must keep in his office a collection or cabinet of samples or
specimens of the minerals of Virginia, and the place where they
are kept must be open to the public.
He must also make arrangements for providing from foreign
countries such farm seeds as he may think of value to the people
of the State, and he must DISTRIBUTE them in a careful and
judicious manner among the people.
Commissioners of the Sinking Fund.
Composed of the Treasurer, Auditor of Public Accounts, and the
Second Auditor.
For explanation of the SINKING FUND, etc., see under Treasurer and
Second Auditor, pages 34-36.
Board of State Canvassers.
Composed of the Governor, Secretary of the Commonwealth, Auditor
of Public Accounts, Treasurer, and Attorney-General.
Duties. Shall examine the certified abstracts of votes on file in
the office of the Secretary of the Commonwealth, and make
statement of the whole number of votes given at any General State
election for certain State executive officers and for members of
the Senate and House of Delegates, Representatives in Congress,
and electors of President and Vice-President of the United States,
and determine what persons have been duly elected.
The manner of voting at elections is explained on page 14, and the
duty of the secretary of the commonwealth with regard to election
returns is explained on page 33. The election returns, made up
after the close of the polls on election day, are sent to the
office of the clerk of the county or corporation in which the
election is held.
Election returns are the books containing the names of the
candidates and the number of votes given for each. On the second
day after the election the COMMISSIONERS OF ELECTION meet at the
clerk's office and make out ABSTRACTS of the result of the voting
and send them to the secretary of the commonwealth.
An abstract is a paper containing the name of the person or
candidate who has received the highest number of votes, and the
number of votes received. Abstracts are made out for governor and
lieutenant-governor, for attorney-general, for secretary, for
treasurer, for superintendent of public instruction, for
commissioner of agriculture and immigration, for senators and
delegates, for electors for President and Vice-President, for
congressmen, and for county, district, and corporation officers
voted for at the election. When the abstracts are made out they
are certified and signed by the commissioners and attested by the
clerk, who acts as clerk for the commissioners.
To CERTIFY is to state or declare that anything is true or
correct. The commissioners certify the abstracts that they are
correct, and they sign their names upon them. They are then
CERTIFIED ABSTRACTS, and certified copies of the abstracts for
State officers are sent to the secretary of the commonwealth.
These abstracts are examined in the office of the secretary of the
commonwealth, by the Board of State Canvassers, who determine who
are elected.
The secretary of the commonwealth after recording the
determinations of the commissioners makes out certificates of
election for senators, delegates, congressmen, and State officers
elected, except for the governor, lieutenant-governor, secretary,
treasurer, and attorney-general. The certified abstracts of votes
for these officers are transmitted to the speaker of the house of
delegates by the secretary of the commonwealth, and the returns
are opened and the votes counted and declared in the presence of
the two houses of the general assembly within one week after the
beginning of the session.
State Board of Education.
Superintendent of Public Instruction.
For the State Board of Education and the State Superintendent of
Public Instruction, see under Education, Chapter XI.
QUESTIONS.
1. What is the term of office of the secretary of the
commonwealth?
2. What is his salary?
3. Name some of his duties.
4. Define COMMISSIONS.
5. Define EXECUTIVE ACTS.
6. What are the seals of the commonwealth?
7. What is a certificate of election?
8. What is the term of office of the treasurer?
9. What is his salary?
10. What are his duties?
11. Define WARRANT; BOND.
12. What is the sinking fund?
13. What is the term of office of the auditor of public accounts?
14. What salary does he receive?
15. What are his duties?
16. What is the term of office of the second auditor?
17. What does REGISTERING BONDS mean?
18. What are coupon bonds? Registered bonds?
19. What are fractional certificates?
20. What does REDEEMING a bond mean?
21. What is the literary fund?
22. What is the term of office of the register of the land office?
23. What other offices does the register of the land office hold?
24. Mention some of the duties of the register of the land office.
25. What is the business of the land office?
26. What are the duties of the superintendent of weights and
measures?
27. What is a patent?
28. What are the duties of the superintendent of the penitentiary?
29. What is the penitentiary?
30. What are the duties of the superintendent of public printing?
31. How is the commissioner of agriculture and immigration chosen
and for how long?
32. What salary does he receive?
33. What is the business of the department of agriculture and
immigration?
34. Define STATISTICS.
35. What do the mining and manufacturing statistics tell?
36. How many members constitute the State Corporation Commission?
37. How are they chosen?
88. What are their qualifications?
39. What are their duties?
40. What are internal improvements?
41. What are State depositaries?
42. What are the duties of State directors and proxies?
43. What are domestic corporations? 44. Define foreign
corporations.
45. Who are the commissioners of the sinking fund?
46. What are the duties of the commissioners of the sinking fund.
47. What officers compose the Board of State Canvassers?
48. What are the duties of the Board of State Canvassers?
V.
JUDICIARY DEPARTMENT.
Supreme Court of Appeals.
Composed of five judges chosen by joint vote of the two houses of
the General Assembly. Term, twelve years. Salary: President,
$4,200; other judges, each $4,000. The judges shall not hold any
other office or public trust; shall not practice law.
Qualifications of Judges. Must have held a judicial station in the
United States, or have practiced law for five years.
Sessions. Shall hold a session annually at Richmond. Wytheville,
and Staunton.
The Judiciary Department is that part of government which is
administered by JUDGES. All the courts of law in the State in
which judges sit and hear and decide cases, or all the judges of
the State regarded as one body, may be called the JUDICIARY.
The highest court in the State is the Supreme Court of Appeals. It
has five judges, who are elected by the General Assembly and hold
office for twelve years. The five judges appoint one of their
number to be PRESIDENT of the court, and they appoint or select
another who must reside at the seat of government. While they hold
office as judges of the Court of Appeals they are not allowed to
PRACTICE LAW--that is, to act as attorney or counsel (see under
Attorney-General, page 29).
JUDICIAL STATION is the station or rank or office of a judge. A
person cannot be elected judge of the Supreme Court of Appeals
unless he has previously been a judge in the United States, or has
practiced law for five years.
The SESSION of the court is the number of days it sits for
business at any one place and time.
Jurisdiction. Shall have original jurisdiction in cases of habeas
corpus, mandamus, and prohibition; shall have appellate
jurisdiction in all cases involving the constitutionality of a law
with reference to the Constitution of the State or the United
States, or involving the life or liberty of a person, and in other
cases prescribed by law. Shall not have jurisdiction in civil
cases where the amount in controversy, exclusive of costs, is less
than $300, unless such controversy relates to the title or
boundary of land; or the probate of a will; or the appointment or
qualification of a personal representative, guardian, committee,
or curator; or a mill, roadway, ferry, or landing; or the right of
the state, county or municipal corporation to levy tolls or taxes;
or involves the construction of a law, ordinance, or proceeding
imposing taxes; and, except in cases of habeas corpus, mandamus,
or prohibition, the constitutionality of a law, or some other
matter not merely pecuniary.
JURISDICTION means the power of a judge or of a court of law.
APPELLATE jurisdiction is the power of a court to hear and decide
cases of APPEAL against the decisions of lower courts.
This is the principal business of the Supreme Court of Appeals. In
trials in the lower courts it frequently happens that the judge
gives a decision which some lawyer acting in the case may think is
not in accordance with law, or is not fair to his client. Whenever
this happens, the lawyer may take the case to the Supreme Court of
Appeals and ask the judges there to set aside the decision of the
judge in the lower court. In cases of appeal, the court in which
the decision appealed against has been given is called the LOWER
COURT, A person who employs a lawyer to act for him in any law
business is called a CLIENT.
The Supreme Court, after hearing the complaint or appeal against
the decision of the lower court, considers the case and gives
judgment on the question. This judgment is final--that is, it ends
the case--unless there is some point in the question which has to
do with the Constitution of the United States.
A writ is a paper issued by a judge, or court, commanding some
person or persons to do something, or to abstain from doing
something. Habeas corpus is a Latin phrase meaning you may have
the body. A writ of habeas corpus is an order from a court
directed usually to a warden or keeper of a prison, and commanding
him to bring some particular prisoner before the court so that it
may be decided whether there is just cause for his detention.
A mandamus is an order from a superior court to any person,
corporation, or inferior--that is, lower--court requiring them to
do something which it is part of their duty to do. A writ of
prohibition is an order from a superior court prohibiting an
inferior court from hearing or deciding a case, on the ground that
it (the inferior court) has no jurisdiction in such case.
When the amount in controversy between two parties is less than
$300, exclusive of costs--that is, excluding or not counting
costs--the case cannot be appealed to the Supreme Court. In such
cases that court has no jurisdiction. The idea of this law is that
for sums less than $300 it would be absurd to go to the Supreme
Court, as the costs might be greater than the sum in dispute. But
if the dispute be about the title or boundary of land, or any of
the other matters mentioned in the remainder of the sentence, the
case may go before the Supreme Court of Appeals, even though the
sum mentioned in the case be less than $300.
The title of land is the right of ownership, and a paper
certifying that a person is the owner of certain land is a title
deed. The probate of a will is the proof or proving of a will. A
will is a statement, generally in writing, in which a persons
declares his will, or wish, as to how he desires his property to
be disposed of after his death. Wills must be probated--that is,
proved in the proper court--before they can be legally executed.
A personal representative is one who executes a will (carries out
the directions contained in it) or administers the estate or
property of a deceased person. A guardian in law is one appointed
by a court to take charge of and administer the property of
persons who are not of sufficient age or understanding to manage
their own affairs. A committee in law is one entrusted with the
care of an idiot or a lunatic. Used in this sense, the word is
pronounced com-mit-tee. A curator is one appointed to act as
guardian of the estate of a person not legally competent
(qualified) to manage his property, or of the estate of an
absentee.
To levy means to raise or collect. Each county in the State has
the right to levy tolls and taxes to pay the cost of carrying on
its government. The constitutionality of a law is its agreement
with the Constitution. The Supreme Court of Appeals has the
jurisdiction to decide, when appealed to, whether any law is
constitutional or not--that is, whether or not it is allowed by
the Constitution of the State of Virginia.
Circuit Courts.
There are twenty-four judicial circuits, with a judge for each
circuit. The judge must reside in the circuit for which he is
elected; shall not hold any other office or public trust; shall
not practice law. Elected by the General Assembly for terms of
eight years. Salary, $2,500, except the judge of the circuit which
includes the city of Richmond, who receives $3,500. Circuit judges
are entitled to mileage.
Terms. There shall be at least five terms in each county and two
terms in each year in each city except in cities of the second
class that have their own courts.
For explanation of circuits, see under Attorney-General, page 30.
The term of a court is its regular session, or sitting, for the
hearing and trying of cases. The word court means not only the
room or hall in which a judge sits to try cases, but it means the
judge while sitting in court, or a number of judges sitting in
court together. An order of the court means an order given
officially by a judge.
Jurisdiction. Shall have original jurisdiction for the trial of
all presentments, informations and indictments for felonies; of
all cases in chancery and civil cases at law, except cases to
recover personal property or money of less value than $20; of all
cases for the recovery of fees, penalties, etc.; of questions
regarding the validity of ordinances and by-laws of a corporation;
or involving the right to levy taxes; and all cases civil or
criminal when an appeal may be had to the Supreme Court of
Appeals. Also, of all proceedings by quo warranto; and may issue
writs of habeas corpus, mandamus, prohibition, and certiorari to
all inferior tribunals; issue writs of mandamus in all matters
arising from or appertaining to the action of the board of
supervisors; determines the probate of wills and testamentary
cases; may appoint guardians, curators, commissioners in chancery,
etc.
Appellate jurisdiction of all cases, civil and criminal, where an
appeal writ of error or supersedeas may be taken or allowed by
said courts from or to the judgment or proceedings of an inferior
tribunal. But no circuit court shall have any original or
appellate jurisdiction in criminal cases arising within the
territorial limits of any city wherein there is established by law
a corporation or hustings court.
Original jurisdiction means jurisdiction from the beginning of a
case--that is, power to take up and try it when it is first
entered in law. The Supreme Court of Appeals has not this power.
It can deal only with cases that have already been tried in some
other court. But the circuit courts may try cases on their first
hearing. This is original jurisdiction. They have also general
jurisdiction--that is, they can try all cases in general in which
the law is violated, or the protection of the law is sought or
required.
A presentment is a notice taken by a grand jury of any offence or
crime of which they may have knowledge. (For grand jury, see page
70.) The notice is a written statement of the facts, and the
statement is sent or presented to the court in which the case may
be tried.
After the presentment is made, the commonwealth's attorney
prepares an indictment. This is a written charge against the
accused person, with full particulars of the crime or offence
alleged. The grand jury next make an investigation of the
indictment by examining witnesses on oath, and if they think that
the evidence is sufficient to prove the charge against the
accused, they write on the indictment the words a true bill.
This does not mean that the person is found guilty, but that the
grand jury find the case against the accused is so strong that it
ought to be tried by a judge and jury, and so the person is
brought into court and tried. But if the grand jury find that
there is not evidence enough to convict the accused, they mark or
indorse the indictment with the words not a true bill, and then
there is no trial in court.
An information is an action or prosecution for some offence
against the government, and it is based not on a grand jury
indictment, but on a statement or complaint made on oath by a
competent witness.
In chancery means in equity--that is, in natural right. A court of
chancery may give a decision or judgment on the ground of plain,
common justice between man and man, where there may be no statute
law that bears upon the case. This is what is called equity.
Personal property is movable property, such as furniture, money,
etc. Immovable property, such as land or houses, is called real
estate. Circuit courts have no jurisdiction for the recovering of
personal property of value less than $20, the reason manifestly
being that the cost of a circuit court trial of such a case might
amount to a much greater sum than the sum in dispute.
The circuit courts have appellate jurisdiction in cases appealed
from inferior tribunals--that is, lower courts. (For civil case,
see under General Assembly, page 21.) A criminal case as
distinguished from a civil case is one in which a person is
charged with a crime or felony. A writ of error is an appeal
ordered on the ground of an error or mistake in the proceedings of
a court, either as to a matter of fact or a point of law. A
supersedeas is a writ, or order, to suspend the powers of an
officer, or to stay--that is, stop--action under another writ.
Quo warranto is a Latin phrase, the English of which is by what
warrant or authority. In law it means a writ brought before a
court to inquire by what authority a person or corporation
exercises certain powers. For example, if a person assume the
duties or work of a public office, and it is believed that he has
no legal right to the office, proceedings in quo warranto may be
taken against him.
Certiorari is a writ from a superior court in a certain case,
ordering the removal of the case from an inferior court, so that
more speedy justice may be obtained or that errors may be
corrected. (For charters of incorporation, see under Secretary of
the Commonwealth, page 33.) A receiver is a person appointed by a
court to receive, or hold in trust, property about which law
proceedings are being taken. Commissioners in chancery are
commissioners or officers appointed from time to time by circuit
court judges to examine and report upon accounts (statements
relating to money) presented as evidence in the trial of a case.
Testamentary cases are cases about wills. A testament is a written
paper in which a person declares (or testifies) how he wishes his
property to be disposed of after his death. Such a paper is
sometimes called a last will and testament. An injunction is an
order of a court requiring a person to do or refrain from doing
certain acts.
The Circuit Court of the City of Richmond possesses all the powers
of other circuit courts except as to those matters the
jurisdiction of which has been exclusively invested in the
Chancery or the Hustings Court. It shall also have jurisdiction of
all such suits, motions, prosecutions, and matters and things as
are specially cognizable by it, in which the Commonwealth,
represented by certain public officers or public boards, is a
party.
The Circuit Court of the City of Richmond has the same power as
other circuit courts except in matters the jurisdiction of which
belongs EXCLUSIVELY to the Hustings Court, and the Chancery Court
of the City of Richmond--that is, belongs to them and to no other
court. (For explanation as to these matters, see under Hustings
Court and under Chancery Court.)
A suit or lawsuit is an action or proceeding--in a court of law to
recover a right, or to obtain justice in a matter under dispute. A
suit at law is sometimes also called a cause. A motion (in law) is
a carrying on of a suit or action in court to obtain some right,
or to punish persons who have committed crime. Cognizable means
liable to be taken notice of. Matters that are cognizable by a
court are cases that it is fit and proper for it to hear, try, and
decide.
A party to a suit is one of the two opposing persons or sides
engaged in it. In every lawsuit there are at least two parties.
The party or person that brings on the suit or action is called
the plaintiff, because he makes a complaint or charge against some
one; the party on the other side is called the defendant, because
he defends himself against the charge.
QUESTIONS.
1. How many judges constitute the Supreme Court of Appeals?
2. How long is the term of each judge?
3. What salaries do they receive?
4. Do they hold any other office or practice law?
5. What are their qualifications?
6. Where are the sessions of the Supreme Court held?
7. Define judiciary.
8. Define judicial station.
9. What is a session of court?
10. Define jurisdiction.
11. What is appellate jurisdiction?
12. What is the principal business of the Supreme Court of
Appeals?
13. What is a lower court?
14. What is a client?
15. When and how may an appeal be made from the judgment of the
Supreme Court of Appeals?
16. In what other cases besides appeals has the Supreme Court
jurisdiction?
17. Define habeas corpus, mandamus, prohibition, and writ.
18. What are the cases in which the Supreme Court has no
jurisdiction?
19. What are costs?
20. Define title of land, and title deed.
21. What is meant by probating a will?
22. What is a will?
23. What is a personal representative?
24. What is a guardian?
25. What is a committee?
26. Define curator and levy.
27. What is meant by the constitutionality of a law?
28. How many judicial circuits are there?
29. Where must a circuit court judge reside?
30. Is a circuit court judge permitted to practice law?
31. What are the salaries of circuit court judges?
32. What are their qualifications?
33. What are the terms of circuit courts?
34. What does a term of court mean?
35. What is the meaning of the word court?
86. Name some of the kinds of cases in which the circuit courts
have jurisdiction.
37. What do you understand by original jurisdiction and general
jurisdiction?
38. Define chancery, personal property, and real estate.
39. What is a criminal case?
40. What is a writ of error?
41. What is a supersedeas?
42. Define quo warranto.
43. What is a certiorari?
44. Define trustee and receiver.
45. What are commissioners in chancery?
46. What are testamentary cases?
47. Define testament.
48. What is an injunction?
49. What are the powers of the Circuit Court of the City of
Richmond?
50. What is a lawsuit?
51. What is a cause?
52. What is a motion?
53. Define cognizable, party to a suit, plantiff, defendant.
VI.
JUDICIARY DEPARTMENT-Continued.
Corporation or Hustings Courts.
Held in each city of the first-class by the city judge. Judge
elected by the General Assembly in joint session for a term of
eight years. Salary, not less than 12,000 $.
Qualifications of a judge. Same as those of judges of the Supreme
Court of Appeals.
Terms. Held monthly, except that the July or August term may be
omitted.
Jurisdiction. Within the territorial limits of the city, same as
circuit courts have in the counties. Concurrently with the circuit
courts they have jurisdiction over all offences committed in any
county within one mile of the corporate limits of the city.
Corporation courts, or city courts, are courts whose jurisdiction
lies within corporations or cities, and the judges are called city
judges.
There is a corporation court in each city of the first class, and
also in all cities of the second class in which it has not been by
special election or otherwise merged into the circuit court. The
Hustings Court of the city of Richmond has a peculiar and limited
jurisdiction which is explained later in this chapter.
The city judges hold office for eight years. Their salaries in
cities of the first class are fixed or specially provided by law
at not less than $2,000, but any city may increase such salary,
but such increase shall be paid entirely by the city.
Every city judge must hold a term or session every month except
July or August, in either of which the court term may be omitted--
that is, not held.
Cities of the first class are such as contain more than 10,000
inhabitants. All other cities are termed cities of the second
class.
The Constitution requires the maintenance of city or corporation
courts in all cities of the first class, but provides for the
discontinuance of independent city courts in all cities of the
second class whenever the people vote in favor of their abolition.
Upon the abolition of the corporation court in any city of the
second class, the circuit courts of the circuit in which the city
is located will arrange to hold regular terms in such city the
same as in cities of the first class.
Within their respective limits--that is, each in its own city--
the corporation courts have the same jurisdiction as the circuit
courts. This means that they have power to try the same kind of
offences as may be tried in the circuit courts.
JUSTICES' COURTS.
Held by a justice of the peace; in the cities, by the mayor or
police justice.
The judge who sits in & justice's court is called a justice of the
peace, or simply a justice, and sometimes a police justice.
Justices' courts and police courts are the courts in which
generally all offences and cases not of a serious nature are tried
and disposed of. (See under Justices of the Peace and under
Magisterial Districts. For mayor, see under Government of Cities
and Towns.)
Jurisdiction. Debt, exclusive of interest, not exceeding $100;
fines, damages, etc., not exceeding $20; have jurisdiction of
certain cases of unlawful entry and detainer, detinue, and search;
may allow bail in certain cases. Shall have concurrent
jurisdiction with the County and Corporation Courts of the State
in all cases of violations of the revenue laws of the State and of
offences arising under certain provisions of the Code, and
exclusive original jurisdiction for the trial of all other
misdemeanor cases occurring within their jurisdiction.
A person charged with refusing to pay a debt may be brought before
a justice's court if the debt, without interest, is not greater
than $100, and the justice has power to decide the case. He has
also power to try cases in which offenders may be punished by
having to pay fines or damages of not more than $20.
DAMAGES means money paid to compensate for the injury or DAMAGE
done to any person or person's property.
UNLAWFUL ENTRY is entering unlawfully upon lands belonging to
another, and UNLAWFUL DETAINER means unlawful detaining or holding
possession of lands or houses belonging to another.
DETINUE is an action in law in which a person seeks to get back
property of his which is unlawfully held or DETAINED by another.
In such cases the justice may issue a warrant for SEARCH for the
property detained.
A WARRANT is a document or paper issued by a judge giving power or
authority to a policeman, or other officer of the law, to arrest a
criminal, or an offender, in order to have him brought to trial. A
warrant issued authorizing an officer to search for property
stolen or detained, is called a SEARCH WARRANT. BAIL is security
given for the release of a person from prison. When a person is
arrested and charged with a crime he may, if the crime be not a
very serious one, be let out of prison and left at liberty until
trial, if some one will give security or pledge for him that he
will appear in court on the day appointed for the trial. If the
amount required is small, the security is usually given in the
shape of money, but if the amount is large, it is given in the
shape of a bond called a BAIL-BOND.
The person giving the bail-bond must be one who owns real estate
to the value of the amount of bail, and if the person to be tried
does not appear for trial at the time appointed, the person who
gives the bond may be required to pay the amount into court.
CONCURRENT jurisdiction is the same or equal jurisdiction. REVENUE
is the income or money which the State or corporation receives in
the shape of taxes. TAXES are the moneys collected by the State or
by towns or cities for defraying the expenses of government. The
owners of certain kinds of property have to pay taxes in
proportion to the value of their property.
VIOLATION OF THE REVENUE LAWS is a violation of any of the laws
made for the levying and collection of taxes. There is a tax upon
the selling of certain articles, such as liquors and tobacco, and
if a person sells such articles without paying the tax, it is a
violation of the revenue laws.
A CODE is a collection of the laws of the State or country. The
Code of Virginia is a book containing the statute laws of
Virginia. A MISDEMEANOR is any crime less than a felony. (For
FELONY, see page 13.)
Hustings Court of the City of Richmond.
Judge elected by the General Assembly for a term of eight years.
Salary, $3,500.
Qualifications. Same as those of a Circuit Judge. Terms. Held
monthly except the month of August.
HUSTINGS is the name given to a court formerly held in many cities
of England, and applied specially to a court held within the City
of London before the Lord Mayor and other magistrates.
Jurisdiction. Exclusive original jurisdiction of all presentments,
indictments, and informations for offences committed within the
corporate limits (except prosecutions against convicts in the
penitentiary); concurrent jurisdiction of all presentments,
indictments, and informations for offences committed within the
space of one mile beyond the corporate limits on the north side of
the James River, and to low-water mark on the south side of James
River; concurrent jurisdiction with the Circuit Court of the City
of Richmond of actions of forcible or unlawful entry and detainer;
exclusive jurisdiction of all appeals from the judgments of the
Police Justice's Court, all causes removable from said court, all
proceedings for the condemnation of land or property for public
use, all motions to correct erroneous assessments.
CORPORATE LIMITS are the limits or boundaries of the area over
which the corporation has jurisdiction. Here the phrase means the
boundaries of the city of Richmond.
PROSECUTIONS AGAINST CONVICTS are prosecutions against convicts
(prisoners) for crimes committed within the prison. All such
crimes are tried in the circuit court of the city of Richmond.
CAUSES REMOVABLE FROM SAID COURT (police justice's court) are
cases that may at the request of the parties concerned be taken
out of that court and tried in another court.
The CONDEMNATION of land or property for public use means the
deciding by a proper authority (a court or judge) that certain
lands must be given for such use. (See page 12.)
An ASSESSMENT is the valuing of property for the purpose of fixing
a tax upon it. If any owner of property in Richmond thinks the
valuation of his property too high, and that therefore the tax is
too high, he may object to the assessment as ERRONEOUS and have a
motion brought before the Hustings Court to have the assessment
CORRECTED.
Chancery Court of the City of Richmond.
Judge elected by the General Assembly for term of eight years.
Salary, $3,500.
Qualifications. Same as those of a Circuit Judge.
Terms. Shall hold four terms each year; but shall always be open
as a Court of Probate.
For explanation of CHANCERY, see page 50, and for PROBATE, see
page 48.
Jurisdiction. Shall exercise, within the corporate limits,
exclusive jurisdiction concerning the probate and recordation of
wills, the appointment, qualification, and removal of fiduciaries,
and the settlement of their accounts; the docketing of judgments;
the recordation of deeds and such other papers as are authorized
or required by law to be recorded; exclusive jurisdiction of all
suits and proceedings in chancery cognizable by law in the Circuit
Courts of the Commonwealth, except such as are specially
cognizable by the Circuit Court of the City of Richmond, and any
duty devolved, or any power or jurisdiction conferred by law on
the Circuit Courts, unless otherwise expressly provided, except as
to matters of common law and criminal jurisdiction.
The RECORDATION of wills is the recording of them in the court in
which they are probated. (For PROBATE OF WILLS, see page 48.)
FIDUCIARIES are trustees or persons appointed to hold property in
trust for others. The DOCKETING OF JUDGMENTS is making summaries
or brief statements of them for the purpose of record. A docket is
a small piece of paper containing the heads or principal points of
any writing or statement.
A JUDGMENT is a sentence or decision pronounced by a court, or a
judge of a court, on any matter tried before it. A DEED is a
written paper containing the terms of a contract, or the transfer
of real estate by the owner to a purchaser. DEVOLVED means
transferred from one person to another.
COMMON LAW is the title given to laws which have not originated in
any statute, but derive their force and authority from having been
in use for many centuries. The common law of England, upon which
the common law of Virginia is based, includes customs of the
people of such long standing that the courts took notice of them
and gave them the force of law. Common law is the UNWRITTEN law;
statute law consists of the laws enacted and recorded by
legislatures.
Law and Equity Court of the City of Richmond.
Judge elected by the General Assembly for a term of eight years.
Salary, $3,500.
Qualifications. Same as those of a Circuit Judge. Terms. Shall
hold four terms each year, beginning the second Monday in
February, May, September, and December, continuing as long as the
business of the Court may require.
For EQUITY, see under Circuit Courts, page 50.
Jurisdiction. Shall exercise within the corporate limits original
jurisdiction concurrent with the Chancery Court (except as to the
probate and record of wills; the appointment and qualification of
fiduciaries; the EX PARTE settlement of their accounts; the record
of deeds and other papers authorized or required by law to be
recorded). Shall have within the same limits original jurisdiction
concurrent with the Circuit Court, except all such suits, motions,
etc., as are specially cognizable by said Court;--has the same
power as to bail, injunctions, etc., as the Circuit Court, and
appeals from its decrees and judgments shall be taken and allowed
as if from a Circuit Court. This Court has no criminal
jurisdiction.
EX PARTE is a Latin phrase signifying from or on one side only. An
ex parte hearing in court would be a hearing taken by one side or
party in the absence of the other. An EX PARTE SETTLEMENT is
settlement made on the application of one party without notice to
the other.
QUESTIONS.
1. Where are corporation courts held?
2. What is the term of office of a corporation's court judge, and
what salary does he receive?
3. What are the qualifications of a corporation's court judge?
4. How often are corporation courts held?
5. What is the jurisdiction of these courts?
6. How long do city judges hold office, and what salaries do they
receive?
7. What does within their respective limits mean?
8. What is the judge who sits in a justice's court called?
9. What is the jurisdiction of justices' courts?
10. Define DAMAGES.
11. Define UNLAWFUL ENTRY.
12. What does unlawful detainer mean?
13. Define DETINUE.
14. Define WARRANT and SEARCH WARRANT.
15. What is a bail-bond?
16. What is concurrent jurisdiction?
17. What is revenue?
18. Define TARIFF.
19. What is the code?
20. What is a misdemeanor?
21. How long is the term of office of the judge of the Hustings
Court of the City of Richmond, and what salary does he receive?
22. What are the qualifications of the judge of the Hustings
Court?
23. How often are terms of this court held?
24. What are corporate limits?
25. What do you understand by prosecutions against convicts in the
penitentiary?
26. What does condemnation of land mean?
27. What is an assessment?
28. What does correcting erroneous assessments mean?
29. For how long does the judge of the Chancery Court of the City
of Richmond hold office, and what salary does he receive?
30. What are the qualifications of the judge of this court?
31. How often does the court meet?
32. Mention some classes of cases in which the Chancery Court has
jurisdiction.
33. What does the recordation of wills mean?
34. What are fiduciaries?
35. What does docketing of judgments mean?
36. Define JUDGMENT.
37. What is common law?
38. For how long does a judge of the Law and Equity Court of the
City of Richmond hold office, and what is his salary?
39. What are the qualifications of a judge of this court?
40. How often and for how long does the Equity Court sit?
41. Tell of the jurisdiction of this court.
42. What does ex parte mean?
43. What is an ex parte settlement?
VII.
OFFICERS OF COURTS.
Clerks.
In all Justices' Courts, the justices are required to make and
preserve their own dockets. The Clerk of the Court of Appeals is
appointed by the court; the Clerks of the Circuit and Corporation
Courts are elected by the people of the county or corporation in
which the court is held. They hold office for a term of eight
years. Salary, fees and special allowances.
Duties. Shall record the proceedings of their respective courts
and issue writs in their name; shall be the custodians of all
papers lawfully returned to or filed in the Clerk's office; shall
perform such other duties as are imposed upon them by law.
The Tipstaff and Crier are the executive officers of the Court of
Appeals.
For meaning of DOCKET, see under Chancery Court of the City of
Richmond. DOCKETS here mean entries in a book giving lists of
names of persons connected with the cases tried, and particulars
of the proceedings in each case. In justices' courts such dockets
are made and kept by the justice himself.
The clerks of the courts mentioned have no salaries. They are paid
by fees and special allowances. For example, when a clerk of court
makes out a writ or bond or a copy of any court document, he gets
a fee for doing it. (See under Secretary of the Commonwealth, page
32.) A special allowance is an allowance (or a grant of money)
made by the court for special work done.
The TIPSTAFF and CRIER are executive officers of the Court of
Appeals--that is, they execute or carry out certain orders of the
court. In some places a sheriff's officer is called a tipstaff,
the name being derived from the custom of such officers bearing a
STAFF TIPPED with metal.
Criers sometimes are appointed for other courts besides the Court
of Appeals. The name is derived from the practice of proclaiming
or CRYING out in court the commands or orders of the judge.
Sheriff.
The Sheriff is the executive officer of the Circuit Court, and of
the Circuit and Chancery Courts of the city of Richmond; the City
Sergeant is the executive officer of the Corporation Courts and
Circuit Courts held for cities, and the Hustings Court for the
city of Richmond; the Constable is the executive officer of the
Justice's Court.
Though the sheriff is an officer of the courts, he is more
particularly a county officer. His principal duties will,
therefore, be found set forth and explained under County Officers
(see page 74). The city sergeant is also a court officer, but his
duties are limited to cities. They are stated and explained under
Government of Cities and Towns. The duties of the constable, who
is a magisterial district officer, are explained under District
Organization.
Commonwealth's Attorney.
Elected by the people at the general election in November for a
term of four years; must reside in the county or corporation for
which he is elected; shall hold no other elective office. Salary,
allowance by the Board of Supervisors and fees.
Duties. Gives legal advice to the county and district officers,
and prosecutes criminals in the Circuit and Corporation Courts.
For Board of Supervisors, see page 82.
LEGAL ADVICE is advice on matters of law. The commonwealth's
attorney prosecutes criminals--that is, he attends in court and
makes the charge, or states the case, and examines witnesses,
against persons charged with crime.
A WITNESS is a person who tells on oath, in answer to questions,
what he knows about the crime charged against the accused, or
about the facts in a civil case or process. (See civil process and
perjury, page 21.)
Attorney-at-Law.
Must hold license granted by any three or more judges of the
Supreme Court of Appeals acting together under such rules and
regulations and upon such examination both as to learning and
character as may be prescribed by the said Court; must be a male
citizen over the age of twenty-one years; must have resided in the
State six months preceding application for a license; and must
qualify before the Court in which he proposes to practice.
An ATTORNEY-AT-LAW is a person legally qualified and licensed to
act as attorney. A person not a lawyer might be called an attorney
if appointed to do any business on behalf of another, but to be an
attorney-at law a person must be qualified as stated in the text.
(See under Attorney-General, page 29.) A LICENSE is a permission
to perform certain acts. It is usually in writing, and is issued
by persons having legal authority to do so.
An attorney-at-law must QUALIFY before the court in which he
wishes to practice. This means that he must produce evidence that
he is legally licensed, that he must take an oath that he will
perform his duties as an attorney, and also that he must take an
oath that he will be faithful to the Commonwealth of Virginia.
Who May Practice Law in Virginia.
Any person duly authorized and practicing as Counsel or Attorney-
at-Law in any State or Territory of the United
States, or in the District of Columbia; but if he resides in
Virginia he must pay the prescribed license fee.
DULY AUTHORIZED means having received the proper license, and
having qualified. PRESCRIBED LICENSE FEE is a certain fee or
charge for the issuing of a license to practice in Virginia.
Juries.
Drawn by lot from a list of those well qualified to serve as
jurors, furnished by the Judge of the Circuit or Corporation
Courts. The list shall contain not less than one hundred nor more
than three hundred names.
All male citizens over twenty-one years of age who have been
residents of the State for two years, and of the county, city, or
town in which they reside for one year next preceding their being
summoned to serve as such and competent in other respects, are
WELL QUALIFIED to SERVE as jurors within the State. But certain
persons are disqualified as not competent, such as idiots,
lunatics, and persons convicted of bribery, perjury, embezzlement
of public funds, treason, felony or petit larceny.
Certain public officers and persons belonging to certain
professions are exempt from jury service. The governor, the
lieutenant-governor, postmasters, practicing physicians (doctors),
and many others, are exempt from the duty of serving on juries.
Juries in civil and misdemeanor cases are chosen by lot. Once
every year the judge of each circuit and corporation court makes
out a list containing the names of not less than one hundred and
not more than three hundred persons resident in the county or
corporation and well qualified to serve as jurors. These names are
written on slips of paper or ballots (each name on a separate
ballot) and the ballots, after being folded so that the names may
not be seen, are put into a box kept for the purpose by the clerk
of the court.
Ten days before any term of a court at which a jury may be
required, the clerk draws sixteen ballots from the box, without
looking at the names until they are all drawn out. The persons
whose names are thus drawn are summoned to attend at the term of
court. Should more than sixteen be required, more are summoned,
and on the day they attend the court their names are written on
ballots and placed in a box, and from them the juries for the
trial of cases are drawn in the manner already stated. This is
what is called choosing or selecting BY LOT, the word lot meaning
chance. It is considered the fairest way of forming a jury.
If jurors were appointed instead of being selected by lot, persons
having prejudice or ill feeling against one of the parties in the
case might be put on the jury, and the verdict rendered by such
jury might be a very unjust one. But when the selection is by lot
nobody knows who is to be on it, and so it is equally fair to both
sides.
The number of persons on a jury is usually twelve, but in a civil
case, if both parties consent, there may be a jury of only seven;
or, the case may be tried and decided by a jury of three persons,
one selected by each of the two parties to the suit, and the third
by the other two; or, by the judge without a jury.
For juries in cases of felony the names of twenty persons residing
at a distance from the place where the crime or offence is said to
have been committed are taken from a list furnished by the circuit
or the corporation court. Those twenty are summoned to attend the
court, and from them a jury panel of sixteen is selected. The
accused person may, without giving any reason, object to, or
strike off, any four of the sixteen, and the remaining twelve will
be the jury to try the case.
If the accused does not strike off any, or strikes off less than
four, a jury of twelve is selected from the panel by lot. The
attorney for the commonwealth--that is, the attorney who
prosecutes the accused--may CHALLENGE--that is, object to--a
juror, but he must assign a reason for his objection, and if the
judge decides in favor of his objection, the person challenged is
not put on the jury. A panel is a list of persons summoned to
serve as jurors.
To SUMMON is to call or notify a person or persons to appear in
court. A person who is summoned to attend as a juror and who,
without sufficient reason, fails or neglects to do so, may be
punished by a fine of not less than five nor more than twenty
dollars.
Persons summoned as jurors are entitled to receive one dollar per
day for service on a jury, and mileage at the rate of four cents
per mile travelled in going to and returning from court. (Further
explanation as to the duties of juries will be found under Petit
Jury, page 71.)
Grand Jury.
Consists of not less than nine nor more than twelve persons taken
from a list of forty-eight selected by the Judge of the Circuit or
Corporation Court from the qualified jurors of the county or city
in which his Court is held. A Special Grand Jury shall consist of
not less than six nor more than nine persons.
The principal duties of the GRAND JURY are mentioned under Circuit
Courts, page 55. The law requires that "the grand jury shall
inquire of and present all felonies, misdemeanors, and violations
of penal [criminal] laws committed within the jurisdiction of the
respective courts wherein they are sworn."
To PRESENT is to make a statement or PRESENTMENT to the court as
explained on page 55. Every grand jury has a chairman or speaker,
who is appointed by the court and is called the FOREMAN. The
foreman is required to take an oath or swear that he will "present
no person through prejudice or ill-will, nor leave any unpresented
through fear or favor," but that in all presentments he "shall
present the truth, the whole truth and nothing but the truth."
In this way the foreman is SWORN, and the other grand jurors must
swear that they will "observe and keep" the same oath taken by the
foreman. An oath is a solemn statement or declaration with an
appeal to God, or calling God to witness that what is stated is
true or that the person shall tell the truth.
Witnesses before giving evidence in courts at the trial of a case
must make oath or swear to "tell the truth, the whole truth and
nothing but the truth." While the witness is repeating the words
of the oath he holds a Bible or Testament in his hand, and kisses
it when he has repeated the words.
There are two kinds of grand juries--regular and special. There is
a regular grand jury at two terms in each year, of the circuit,
corporation, or hustings court. But a grand jury may be ordered by
a circuit, corporation, or hustings court at any time there may be
special or urgent need for it, and such grand jury is called a
SPECIAL grand jury.
Grand jurors are entitled to the same compensation and mileage as
petit jurors (see next section).
Petit Jury.
Consists of twelve members.
Duties. Hear evidence before the court in civil and criminal cases
and render a verdict according to the law and evidence.
The PETIT JURY is the jury impanelled--that is, put on a panel or
list--to try cases in court. How such a jury is formed is stated
under Juries (see page 68). Petit jurors, like grand jurors, must
take an oath to do their duty honestly. (The word jury is derived
from the Latin word jurare, which means to swear.)
It is the duty of the petit jury to hear the evidence in the case
it is to try, and to give a verdict in accordance with that
evidence. If the evidence presented before the court proves the
accused to be guilty, the jury must give a verdict of "guilty"; if
the evidence is not sufficient to show that he is guilty, they
must give a verdict of "not guilty." (For verdict, see page 11.)
The verdict of the jury must also be ACCORDING TO LAW. This means
that the jury must give heed to the law of the case as explained
by the judge. Evidence might be offered which would not be lawful.
It is the duty of the judge to decide whether evidence is lawful
or not, and if he decides that any evidence is illegal or
unlawful, then the jury must not pay any regard to it in
considering their verdict.
QUESTIONS.
1. By whom are court clerks appointed or elected, and for how long
do they hold office?
2. How are court clerks paid? 8. What are the duties of court
clerks?
4. What are dockets?
5. What are the tipstaff and crier, and what are their duties?
6. How is the commonwealth's attorney chosen, and for how long?
7. Where must the commonwealth's attorney reside, and how is he
paid?
8. What are his duties?
9. What is LEGAL ADVICE?
10. What does prosecuting criminals mean?
11. What is a WITNESS?
12. What are the qualifications of an attorney-at-law?
13. Define LICENSE and QUALIFY.
14. Who may practice law in Virginia?
15. Define DULY AUTHORIZED and PRESCRIBED LICENSE FEE.
16. What are the qualifications of jurors?
17. What classes of persons are exempt from jury service?
18. How are juries in civil and misdemeanor cases chosen?
19. Describe the system of choosing or selecting by lot.
20. How many persons constitute a jury?
21. How are juries in cases of felony chosen?
22. What do you understand by CHALLENGING a juror?
23. What does SUMMON mean?
24. What does a grand jury consist of?
25. What is a special grand jury?
26. What are the duties of grand jurors?
27. What does PRESENT mean?
28. What is the duty of the foreman of the grand jury?
29. What is an oath?
30. How many kinds of grand juries are there?
31. What is the compensation of grand jurors?
32. What does a PETIT JURY consist of?
33. What are the duties of a petit jury?
34. What do you understand by rendering a verdict according to the
law and evidence?
VIII.
COUNTY ORGANIZATION.
Counties.
Organized by the General Assembly under the provisions of the
Constitution.
Objects. Convenience in administering justice and transacting
local business.
Each county shall maintain at the county seat a court-house,
clerk's office, and jail.
Counties are organized--that is, formed and invested with powers
of government--by the General Assembly. The Assembly may form new
counties out of other counties or parts of other counties, but the
Constitution of Virginia directs that "no new county shall be
formed with an area of less than six hundred square miles," and
that the county or counties from which a new one is formed shall
not be reduced below an area of six hundred square miles.
The convenience of having the State divided into counties may
easily be seen. If there were no counties most of the people would
have to go long distances to the State capital in order to have
important business attended to. County organization brings the
advantages of government and the administration of justice nearer
the homes of all the people.
The COUNTY SEAT is the chief town of the county, where the public
business of the county is chiefly transacted. The court-house is
the building in which judges sit for the trial of cases. The jail
of the county is the prison in which persons convicted of minor
(trifling) offences are detained for punishment, and in which
persons charged with serious crimes are held in custody until
trial. Persons after trial and conviction for serious crimes are
sent to the penitentiary.
COUNTY OFFICERS.
They are the executive officers under the authority of the laws of
the State.
Sheriff.
Elected by the people for four years. Salary, allowance by the
Board of Supervisors and fees.
Duties. Appoints his deputies; makes arrests; serves notices;
collects fines; calls for troops in time of danger; executes any
order, warrant, or process, lawfully directed to him, within his
own county, or upon any bay, river, or creek adjoining thereto;
levies on property and sells to satisfy order of court; attends
the sittings of Circuit Courts; attends the meetings of the Board
of Supervisors, and performs such duties as may be necessary for
the proper despatch of business; must not practice law in any
court of which he is an officer; cannot hold any other elective
office; must give notice of violations of penal laws.
The salary or allowance for sheriffs is not the same in all
counties, but varies according to the number of the population. It
is paid by the Board of Supervisors. (For Board of Supervisors,
see page 82.)
The sheriff may appoint deputies or assistants to help him in his
duties, which are numerous and important. He is the principal
executive officer of the county. It is his business to execute the
judgments of the courts. If a person is sentenced to death, it is
the sheriff who must make and direct the arrangements for carrying
out the sentence.
A SENTENCE (in law) is the judgment, or declaration of punishment,
pronounced by a judge upon a criminal after being found guilty.
The sheriff must arrest and convey to prison any person or persons
who have committed crime. He must serve legal notices, such as
notices of decrees or judgments to be given against parties in
cases of action for debt. He must collect fines that are not paid
in court.
An important duty of the sheriff is to suppress riots or public
disturbances, and if he finds that he and his officers are unable
to do so, he may call upon the governor for troops (soldiers) to
assist him. In such case the governor may send State militia to
suppress the disturbance. The sheriff has charge or control of the
county jail and the prisoners confined in it, and he must protect
the prison and prisoners against violence or attack by mobs.
The sheriff must carry out any order or warrant or process of the
courts. A PROCESS is a summons or notice requiring a person to
appear in court on a certain day to answer a charge to be made
against him. If a court gives judgment against a person for debt
or fine or taxes not paid, the sheriff LEVIES on the property of
the person--that is, he takes or seizes it--and sells it to
satisfy or execute the order of court.
It is also the duty of the sheriff to give notice to the attorney
for the commonwealth of any crime (violation of penal laws) of
which he may have knowledge. The sheriff cannot hold any other
elective office--that is, an office to which a person is elected--
and he cannot act as a lawyer in any court for which he does duty
as sheriff.
Commonwealth's Attorney.
See under Officers of Courts.
County Clerk.
Also Clerk of the Circuit Court elected by the people for term of
eight years.
Duties. See under Officers of Courts.
A clerk of the county or a clerk of a court is an officer who does
writing of various kinds, such as keeping records of public
business, records of court proceedings, making out writs or bonds,
or copies of court papers or documents. Many of the duties of
clerks of counties and courts are mentioned in previous sections.
Treasurer.
Elected by the people for four years. Salary, commissions.
Duties. Shall receive the State revenues and the county (or city)
levies, and account for and pay over the same as provided by law;
shall keep his office at the county seat; shall receive taxes from
July 1st to December 1st; after that add five per cent. and
collect; shall settle with the Auditor of Public Accounts by
December 15th, final settlement June 15th; may be required to make
monthly settlements; in cities of Richmond, Lynchburg, and
Petersburg, shall make weekly settlements; may distrain for taxes;
shall post delinquent list; must reside in the county; shall not
hold any other elective office; shall not own any warrant against
the county or city; shall not lend out any public money, or use it
for any purpose other than such as is provided by law; shall
report violations of the revenue laws. Must reside in the county
or city for which he is elected.
The STATE REVENUES are the taxes received for the State; the
COUNTY LEVIES are the taxes levied--that is, raised or collected--
for county purposes. These moneys the State treasurer must pay
over as the law provides--that is, directs. The money collected
for the county he must pay out for various public purposes
relating to the county, but before making such payments he must
have a warrant (written authority to pay) from the Board of
Supervisors. The money he receives for the State he must pay to
the auditor of public accounts.
The time for the receiving of taxes is from July 1st to December
1st each year. An addition of five per cent. is made to taxes not
paid by the latter date. The treasurer must SETTLE with the
auditor by December 15th--that is, he must by that time have paid
over to him all moneys received for the State. By June 15th he
must make a final settlement This means that he must settle for
all taxes paid to him since December 15th, and furnish lists of
those who have failed to pay. Besides county treasurers there are
city treasurers. (See also under Government of Cities and Towns)
If any person fail or refuse to pay taxes assessed upon him, the
treasurer may DISTRAIN his property to recover the amount. To
distrain is to seize property for debt due. (To ASSESS is to fix
or name a certain amount as a tax on property, or to value
property with the object of fixing a tax upon it) A person who
fails or neglects or refuses to pay his taxes is called a
DELINQUENT, a word that means one who fails to perform his duty.
A DELINQUENT LIST is a list or paper containing the names of
persons who have failed to pay the taxes, and a notice that at a
certain time certain property of such persons will be sold if the
taxes are not previously paid. A copy of the delinquent list must
be posted at public places within the city or county in which the
property to be sold is situated. A county treasurer is not himself
allowed to purchase or own any warrant or claim against the county
treasury. (A warrant here means an order for the payment of
money.)
The REVENUE LAWS are the laws relating to assessing, payment, and
collection of taxes. To conceal property so as to escape
assessment of taxes, or to carry on certain kinds of business
without paying the license or tax on such business, would be to
violate the revenue laws. The treasurer must report all violations
of the revenue laws of which he may have knowledge.
The salary of the treasurer is paid by commissions--that is,
allowances--by way of percentages on the amounts he receives. The
commission varies from two per cent, (two dollars for every
hundred dollars) on large amounts, to three and five per cent, on
small receipts.
Commissioner of the Revenue.
Elected by the people for four years; must reside in the district
for which he is elected. Salary, commissions and fees.
Duties. Shall ascertain and assess, when not otherwise assessed,
all the property, real and personal, not exempt from taxation, in
his county, district, or city, and the person to whom the same is
chargeable with taxes, all subjects of taxation, and also all male
persons of full age and sound mind residing therein; shall issue
licenses; register births and deaths; and report violations of the
revenue and penal laws.
To ASCERTAIN all the property, real and personal, and the person
to whom it is chargeable with taxes, is to find out where and what
the property is and who is the owner, so that the proper tax may
be assessed and charged against him. (For meaning of REAL and
PERSONAL property, see under Circuit Courts, page 50.)
SUBJECTS OF TAXATION means property on which taxes may be charged
or assessed. Certain kinds of property are exempt--that is, free--
from taxation in Virginia. All real estate or buildings owned by
religious bodies and used as churches for divine worship are
exempt from taxation. Public burying-grounds (cemeteries), real
estate belonging to counties, cities, or towns, real estate
belonging to the University of Virginia and other institutions
devoted to purposes of education, real estate belonging to various
benevolent institutions, such as lunatic asylums and orphan
asylums, and in general all real estate devoted to religious,
charitable, or educational uses, and not for profit to private
individuals, are exempt from taxation.
A LICENSE is a permission or authority to carry on certain kinds
of business or certain professions. Attorneys-at-law, doctors,
dentists, and persons who manufacture or sell liquors, owners of
theaters, and public shows, and people who engage in many other
sorts of business must have licenses.
The licenses are issued or given out by commissioners of the
revenue, and a certain sum must be paid for each, the money
received being part of the public income or revenue for paying the
expenses of government. Licenses are granted for a certain time.
Many are granted for a year, and some for only a number of months
or weeks or days. When the time specified in the license (which is
a written or printed paper) expires, a new license must be
obtained and another payment made.
It is the duty of the commissioner of the revenue to register
(record) the births and deaths in his district. At the time that
he ascertains the personal property in his district which is to be
taxed, he must ascertain the births and deaths that have occurred
during the past year, and enter or write the particulars in books
kept by him for the purpose. He must write the name and date of
birth of every child, and the name, address, and occupation of the
father; and he must enter the name and place of birth, and the
names of the parents, of any person who has died.
It is also the duty of the commissioner of revenue to report to
the commonwealth's attorney any violation of the revenue or penal
laws of which he may have knowledge.
The number of commissioners of revenue is not the same in all the
counties. A great many of the counties have four each, and some
have less. In counties having more than one, each commissioner has
a district for himself.
Superintendent of the Poor.
Appointed by the Circuit Judge, on the recommendation of the Board
of Supervisors, for a term of four years; must reside in the
county or city for which he is elected. Salary, not to exceed
$400.
Duties. Shall have charge of the Poor-house, receive and care for
the paupers sent to him by the Overseers of the Poor; receive and
disburse, under the direction of the Board of Supervisors, the
poor levy; make an annual report to the Board of Supervisors.
In every county there is a POOR-HOUSE, usually having a farm
annexed, and in it paupers are received and cared for at the
public expense. A. PAUPER is a poor person who has no means of
living and is supported in a public or charitable institution.
(For OVERSEER OF THE POOR, see under District Organization.)
The POOR LEVY is the tax annually levied for the support of the
poor-house. This levy is made by the Board of Supervisors (which
see), and the amount collected is received and DISBURSED--that is,
expended--by the superintendent of the poor for the purpose for
which it is intended.
The superintendent must make a report annually to the Board of
Supervisors. This means that he must make a statement for the
board once every year, showing the number of paupers provided for
during the year, giving the name of each and how long supported,
and also showing the total amount of money expended, the work done
on the farm, the crops raised, and other information and
particulars relating to the management of the institution.
The salary of superintendents of the poor is not the same in all
counties. It varies according to the population.
County Surveyor.
Appointed by the Circuit Court, on the recommendation of the Board
of Supervisors, for four years; must reside in the county for
which he is appointed. Salary, fees and mileage.
Duties. Shall promptly make surveys of land ordered by courts, and
return true plat and certificate thereof; establish meridian line;
locate land warrants.
A SURVEYOR is one who measures portions of land to ascertain their
area, or who ascertains or fixes the boundaries, form, extent and
position of any district or territory.
The COUNTY SURVEYOR must survey lands when ordered by the court,
and make out and certify a TRUE PLAT of such lands. A PLAT is a
plan or map or chart.
A MERIDIAN LINE, as meant in the text, is a line located at some
central and easily reached place in the county, running due north
and south for not less than three hundred yards, and marked at
each end of the three hundred yards upon a solid stone fixed in
the earth. This line is necessary for various purposes of
surveying and map making. There must be a meridian line marked in
every county, and when a new county is formed it is the duty of
the surveyor to establish a meridian line.
TO LOCATE LAND WARRANTS is to lay off (mark out) and survey
portions of waste land belonging to the State for persons who have
purchased any of such land. The warrants or orders for the land
are issued by the register of the land office on receipt of the
purchase money (see page 37).
Superintendent of Public Schools. See Education.
County Board of School Commissioners.
See Education.
Electoral Board. Appointed by the Circuit or Corporation Court for
term of three years; composed of three qualified voters, residents
of the county or city. Salary, $2 for each day of actual service,
not to exceed $10 a year.
Duties. Appoint for each election district of the county or city a
registrar, who shall be a discreet citizen and resident of the
election district, and who shall serve for two years; shall
provide for new registration when necessary; shall appoint each
year three competent citizens who are qualified voters, and who
can read and write, to be judges of election for all elections in
their respective election districts; shall designate five of the
judges of election to act as commissioners, who shall meet at the
Clerk's Office, open the election returns and ascertain from them
the persons elected.
There is an Electoral Board for each county and city. As the
duties of the board may be performed in a few days each year, the
total salary for each member is limited to $10 a year.
AN ELECTION DISTRICT is constituted (made up) of a magisterial
district in a county, and a WARD in a city. For the former, see
MAGISTERIAL DISTRICTS. For WARD, see under GOVERNMENT OF CITIES
AND TOWNS.
A REGISTRAR is an officer who registers or enters in books kept
for the purpose the names of all persons in his district who are
entitled to vote. He must be at his voting place on the second
Tuesday in each year to register all qualified voters who shall
apply to be registered, and ten days previous to the November
elections he must sit one day to amend, and correct the list where
necessary, and to register qualified voters not previously
registered.
JUDGES OF ELECTION have already been mentioned and some of their
duties explained. (See page 14, also under Secretary of the
Commonwealth, page 32, and under Board of State Canvassers, page
43, for manner of receiving and dealing with election returns)
Board of Supervisors.
Composed of the Supervisors of the several magisterial districts
of the county. Salary, $3 per day and mileage. The County Clerk is
the clerk of the Board.
Duties. Shall audit the accounts of the county, and issue warrants
in payment of claims; shall settle with the county officers, and
take the necessary steps to secure a satisfactory exhibit and
settlement of the affairs of the county; examine the books of the
Commissioner of the Revenue; fix and order county levies and
capitation tax; raise money for county expenses; represent the
county; have the care of the county property and the management of
the business and concerns of the county in all cases not otherwise
provided for.
For SUPERVISORS OF MAGISTERIAL DISTRICTS, see under DISTRICT
ORGANIZATION.
THE ACCOUNTS OF THE COUNTY are the statements of public moneys
received and expended by county officers. All such statements must
be audited by the Board of Supervisors. An EXHIBIT is a paper
showing or proving the correctness of money accounts, such as a
voucher or a receipt. A CAPITATION tax is a tax on persons (from
Latin caput, the head). A capitation tax is levied on all male
persons over the age of twenty-one. The Board of Supervisors
represents the county in all public matters, as in any action at
law taken for or against the county, and it has the care and
control generally of the public property, and the direction of the
public business affairs of the county.
Assessors.
Appointed for a term of four years; number same as the number of
Commissioners of the Revenue; must be a resident of the district
for which he is appointed. Salary, $2 for each day he is
necessarily employed.
Duties. Examine, immediately after appointment, all the lands and
lots, with the improvements thereon, within their respective
counties, districts, and corporations, and ascertain and assess
the cash value thereof.
The land within the districts is valued by the assessors with the
object of fixing upon each property the tax to be levied. When the
assessor of a district has completed his valuations and made a
record of them, he must send a copy of the record to the auditor
of public accounts, another to the commissioner of revenue for the
district, and another must be filed and preserved in the office of
the county clerk.
Coroner.
Appointed by the Governor upon the recommendation of the Circuit
Court. A Justice of the Peace may act as Coroner. Salary, fees.
Duties. To hold inquest over the dead bodies of those supposed to
have been killed by violence; may act as sheriff in certain cases.
Every county must have at least one CORONER, but a county may have
more than one, if the circuit court thinks it necessary. In such
case the court recommends the appointment of a second coroner and
nominates two persons for the office. The governor appoints one of
them.
The business of the CORONER is to hold an INQUEST or inquiry into
every case of death supposed to have been caused by violence. The
coroner's inquest is conducted much after the manner of a jury
trial. There is a jury of six persons, summoned by the sheriff or
sergeant or constable, and sworn "to diligently inquire, and true
presentment make, when, how, and by what means the person came by
his death."
After witnesses have been examined and the whole case has been
thoroughly investigated, the jury gives its verdict. If the jury
should find that murder or assault was committed on the deceased,
and should charge any person with the crime, the coroner issues
his warrant for the arrest of the person, and if found he is
arrested and held in prison until he is tried by a judge and jury.
QUESTIONS.
1. By whom are counties organized?
2. What is the advantage of a division of a State into counties?
3. What institutions must each county maintain?
4. What is the COUNTY SEAT?
5. What are county officers?
6. For how long is the sheriff elected, and how is he paid?
7. Mention some of the duties of the sheriff.
8. What is a SENTENCE?
9. Define PROCESS and LEVIES.
10. What are the duties of the county clerk?
11. What is the term of the treasurer, and how is he paid?
12. Name some of the duties of the treasurer.
13. What are the STATE REVENUES?
14. How does the treasurer dispose of the moneys he receives?
15. What do you understand by a DELINQUENT LIST?
16. What are the revenue laws?
17. For how long is the commissioner of the revenue elected?
18. How is he paid?
19. What do you understand by ASCERTAINING all the property, real
and personal?
20. What does SUBJECTS OF TAXATION mean?
21. What is a license?
22. What are the duties of the commissioner of the revenue
regarding births and deaths?
23 By whom is the superintendent of the poor appointed?
24. What is his term of office?
25. What are the duties of the superintendent of the poor?
26 Where are the poor received and cared for?
27. Define PAUPER, POOR LEVY, and DISBURSED.
28. What does the annual report of the superintendent of the poor
tell?
29. How is the county surveyor appointed, and how paid?
30. Mention some of the duties of the county surveyor.
31. Define SURVEYOR.
32. What is a plat?
33. What is a meridian line?
34. What do you understand by LOCATING LAND WARRANTS?
35. By whom is the Electoral Board chosen, and for how long?
36. What is the board composed of, and what remuneration do its
members receive?
37. What are the duties of the Electoral Board?
38. What is an electoral district?
39. What is a registrar, arid what are his duties?
40. Of whom is the Board of Supervisors composed?
41. What salary do the members of this board receive?
42. Who is clerk of the board?
43. What are the duties of the Board of Supervisors?
44. What are the accounts of the county?
45. What is an exhibit?
46. What is a capitation tax?
47. Who appoints the assessors?
48. How many assessors are there, and what salary do they receive?
49. What are the duties of the assessors?
50. By whom is the coroner appointed, and how is he paid?
51. What are the duties of the coroner?
52 What do you understand by an inquest?
53. Tell how an inquest is conducted.
IX.
DISTRICT ORGANIZATION.
Magisterial Districts.
Each county shall be divided into as many compactly located
magisterial districts as are necessary, not less than three.
There must be at least three and not more than eleven magisterial
districts in each county, and in each district there must be one
supervisor, three justices of peace, one constable, and one
overseer of the poor.
Supervisor.
Elected by the people for four years; must be a resident of the
district.
Duties. A member of the Board of Supervisors; shall inspect the
roads and bridges in his district.
The general duties of the Board of Supervisors have been already
explained, but each supervisor has special duties in his own
district. He must inspect the public roads and bridges in his
district twice every year to see that they are kept in repair, and
he must once a year make a written report to the Board of
Supervisors as to their condition.
For the time he is actually employed in such service each
supervisor receives two dollars a day, paid out of the public
funds of his own district, but he is not allowed for such service
more than thirty dollars in any one year.
Justices of the Peace.
Three in each district; elected by the people for four years; must
reside in the district. Salary, fees.
Duties. Is a conservator of the peace; must see that the laws are
obeyed; may issue warrants, attachments, etc.; may hold court for
the trial of causes. (See Justices' Courts.)
The jurisdiction of justices is fully explained under JUSTICES'
COURTS. Justices of the peace receive no salaries, but they are
allowed fees for the issuing and certifying of several kinds of
legal documents.
A CONSERVATOR of the peace is a preserver of the peace. To
preserve the peace is one of the chief duties of a justice of the
peace, hence the title of his office. If he have good reason to
believe that any person intends to commit an offence against
another, it is the duty of a justice to issue a warrant for the
arrest of such person, and to require him to give bail or security
for his good behavior.
In general it is the duty of the justice of the peace to do
everything necessary to prevent, as well as to punish, violations
of the criminal law in his district.
An ATTACHMENT is a writ directing an officer of the law to arrest
and bring into court a person who has been summoned to attend as a
witness or a juror, but has failed to appear at the proper time.
Constable.
Elected by the people for four years; must reside in the district.
Salary, fees.
Duties. To make arrests; to serve notices; to execute any order,
warrant, or process, legally directed to him; attend Justices'
Courts; execute its judgments, levy attachments, collect fines,
report violations of the penal laws; may act as sheriff in certain
cases.
The constable performs in his district the same sort of duties
generally that the sheriff performs for the county.
Overseer of the Poor.
Elected by the people for four years; must reside in the district.
Salary, $2 for each day actually engaged, but not to exceed $20
per year.
Duties. Shall care for and assist persons unable to maintain
themselves, who have a legal settlement in his district; shall
remove those not having a legal settlement; shall prevent persons
from going about begging; may hold and administer certain property
donated to charitable purposes; may place in an asylum, or bind
out as an apprentice, any minor found begging, or likely to become
chargeable to the county.
A LEGAL SETTLEMENT in the case of a pauper is residence for one
year in the district and three years in the State. Paupers not
having a legal settlement may be removed to the place where they
were last legally settled, but a warrant of removal must be
obtained from a justice of the county or district.
A MINOR is a boy or girl under twenty-one years of age.
Conservators of the Peace.
Every judge throughout the State; every justice, commissioner in
chancery, and notary within his county or corporation; conductors
of railroad trains on their trains; depot agents at their places
of business; masters of all steamers navigating the waters of the
State on their respective vessels.
A NOTARY, or notary public, is an officer who attests or certifies
deeds and other papers, under his official seal. Statements in
writing that require to be attested for business or legal purposes
are usually taken to a notary to be signed by him after the party
has made oath that the statements are true.
Conductors of railroad trains may arrest any persons who violate
the peace on their trains, and keep such persons in custody until
they can be given over to the proper authorities for trial.
Railroad depot agents may do the same at their depots, and the
masters or captains of steamers may do the same on their vessels
while sailing in the waters within the State. This is what is
meant by being CONSERVATORS of the peace. Judges have the same
power throughout the State, and justices, commissioners in
chancery, and notaries within their districts.
SCHOOL DISTRICTS.
Each magisterial district is also a school district, for which see
under Education, page 99.
SCHOOL TRUSTEES.
One school trustee is appointed annually for each school district;
see page 99.
DISTRICT BOARD OF SCHOOL TRUSTEES.
This board is composed of three trustees of the district; for its
duties, see page 99.
QUESTIONS.
1. How many magisterial districts is a county divided into?
2. For how long is the supervisor elected?
3 What are the duties of a supervisor?
4. How many justices of the peace are elected for a district?
5 What are the duties of a justice of the peace?
6. What is a conservator of the peace?
7. What is an attachment?
8. For how long is a constable elected?
9. What are the duties of the constable?
10. For how long is the overseer of the poor elected?
11. What remuneration does he receive?
12. Name some of his duties.
13. What is a legal settlement?
14. What is a minor?
15. Who are conservators of the peace?
16. What is a notary?
17. What provisions with regard to schools are mentioned as being
made in the magisterial districts?
X.
GOVERNMENT OF CITIES AND TOWNS.
A City is an incorporated community containing within well-defined
boundaries five thousand or more inhabitants.
A Town is an incorporated community of less than five thousand
inhabitants.
A Council includes any body or bodies authorized to make
ordinances for the government of a city or town.
An incorporated town or city is a community chartered as a
corporation, for explanation of which, see page 14.
Ordinances are laws made by the council of a city or town for
managing the public affairs of the city, or town.
COUNCIL.
In towns it is composed of the Mayor and six Councilmen, elected
every two years by the people of the town on the second Tuesday in
June. The Mayor and each Councilman have the power and authority
of a justice in civil matters within the corporate limits, and in
criminal matters within these limits and one mile beyond them; may
issue processes, and may hear and determine prosecutions, etc. In
cities the Councilmen of each ward are elected by the people of
such ward. The Council of cities of over ten thousand inhabitants
is made up of two branches:--the Board of Aldermen and the Common
Council, all of whom are elected for four years, one-half being
chosen every two years. These provisions may be modified by the
city charter. Members of Common Council shall hold no other office
in cities; no city officer shall hold a seat in the General
Assembly.
It is the aim of the Constitution that, so far as possible, all
cities shall be organized under general laws.
A city charter is the law under which the city is governed. It is
passed by the General Assembly, and it makes the city a
corporation. It states what powers the corporation may exercise
and what officers it may appoint or elect to carry on its
government.
A charter is for a city what a constitution is for a State. It
prescribes the system under which the city is to be governed.
The powers of the mayor and the councilmen as justices are
modified--that is, regulated--by the city charter, so that they
may not be exactly the same in all cities.
Cities are divided into districts called wards, and each ward
elects a certain number of councilmen.
POWERS. To levy taxes; create corporate debt; impose tax on
licenses; enact ordinances, and prescribe fines or other
punishment for the violation thereof; appoint a collector of
taxes, and other officers; disburse all money collected or
received for the corporation; lay off and keep in order streets
and public grounds; provide necessary buildings, a fire
department, water works, cemeteries, etc.; abate nuisances;
establish election districts; alter and rearrange wards; provide
for weighing articles of merchandise; judge of the election,
qualification, and returns of its own members; protect the
property of the city, and preserve peace and good order therein.
To create corporate debt is to borrow money for carrying out
purposes of city government. Charters of cities give power to
borrow money for such purposes.
A nuisance is anything that is annoying or offensive, or dangerous
to the health of citizens.
The council may provide in various parts of the city public
weighing machines for weighing articles of merchandise purchased
by citizens who may wish to ascertain whether they have got honest
weight.
To protect the property of the city and to preserve peace and
order is the most important business of the council. For this
purpose it has power to organize and maintain a police force.
Mayor of City.
Elected by the people of the city for a term of four years;
presides over the Council; and his powers and duties may be
modified by the city charter.
Duties. The chief executive officer of the city; shall see that
the duties of the various city officers are faithfully performed;
may suspend for cause all town or city officers.
To suspend an officer is to remove him from his office for a time
until any charge made against him of neglect of duty is
investigated and decided on.
City Sergeant.
Elected by the people for four years.
Duties. Shall perform the duties, etc., prescribed by the city
charter; and shall also within the jurisdiction of the courts of
his city exercise the same powers, perform the same duties, and be
subject to the same liabilities as the sheriff of a county; in
towns he shall have the same powers and discharge the same duties
as constables, within the corporate limits and for one mile beyond
them; shall be the executive officer of the Corporation Court.
LIABILITY means responsibility. Sheriffs are responsible or
answerable for the performance of their duties, and if they fail
to perform them they may be fined or imprisoned. City sergeants
are under the same liabilities.
CITY CLERK.
Elected by the people for eight years. See under Officers of
Court.
COMMISSIONER OF THE REVENUE.
Elected by the people for four years. See County Organization.
COMMONWEALTH'S ATTORNEY.
Elected by the people for four years. See County Organization.
TREASURER.
Elected by the people for four years. See County Organization.
SHERIFF OF RICHMOND CITY.
Elected by the people for four years.
Duties. Shall attend the Circuit and Chancery Courts, and act as
their executive officer; shall exercise the same powers, perform
the same duties, have the same fees and compensation therefor, and
be subject to the same penalties touching all processes issued by
said courts, or by the clerks thereof, or otherwise lawfully
directed to him, that the sheriff of a county exercises, performs,
and is entitled or subject to in his county.
CITY SUPERINTENDENTS OF SCHOOLS.
Superintendents of Schools for cities are appointed by the State
Board of Education. See under Education, page
QUESTIONS.
1. Define city, town, council.
3. What are ordinances?
8. Of whom is the council composed?
4. What is the term of office of a member of council?
5. What are the powers of the council?
6. How are the Councilmen in cities elected?
7. In cities of over ten thousand inhabitants how is the Council
made up?
8. Of whom is the Common Council composed?
9. Are members of this body permitted to hold any other office?
10. What is a city charter?
11. What do you understand by the powers of the mayor and the
councilmen as justices being modified?
12. What are wards?
13. Name some of the powers of the council.
14. What does creating corporate debt mean?
15. What is a nuisance?
16. What is the most important business of the council?
17. How is the mayor of a city chosen, and what is his term of
office?
18. What are the mayor's duties?
19. What does suspending an officer mean?
20. How is the city sergeant chosen, and what is his term of
office?
21. Name some of his duties.
22. What does liability mean?
23. What is the term of office of the commissioner of the revenue,
the commonwealth's attorney, and the treasurer?
24. How long does the sheriff of Richmond City hold office?
25. Name some of his duties.
26. Who appoints superintendents of schools for cities?
XI.
EDUCATION.
STATE.-BOARD OF EDUCATION.
Composed of the Governor, Superintendent of Public Instruction,
Attorney-General, three experienced educators elected from the
faculties of certain State institutions, one City Superintendent
of Schools, and one County Superintendent of Schools. These eight
constitute the State Board of Education, and their several powers
and duties as members of the Board are identical except that the
two division superintendents shall not participate in the
appointment of any public school official.
This Board shall have the management and investment of school
funds; make by-laws for its own government, and for carrying into
effect the school laws; audit claims payable out of State funds;
arrange for summer normal schools of teachers for instruction in
processes of school organization, discipline, and management;
select text-books and educational appliances for use in the public
schools of the State; appoint (and remove), subject to
confirmation by the Senate, all county and city superintendents,
and regulate all matters arising in the practical administration
of the school system not otherwise provided for.
The three State officers are ex officio members of the Board. The
three experienced educators are elected quadrennially by the
Senate from a list of eligibles consisting of one from each of the
faculties and nominated by the respective boards of visitors or
trustees of the University of Virginia, the Virginia Military
Institute, the Virginia Polytechnic Institute, the State Female
Normal School at Danville, the School for the Deaf and Blind, and
also of the College of William and Mary so long as the State
continues its annual appropriation to the last-named institution.
The city and county superintendents are selected by the other six
members for terms of two years each.
School funds are moneys set apart or provided for the support of
schools. In Virginia, school funds are provided by the State, the
counties, and the districts (see under School Funds).
By-laws are laws or rules made by any association for the
management of its affairs. The Board of Education makes by-laws
for its own government and for administering the laws relating to
the schools.
Claims payable out of State funds are claims which by law are to
be paid out of the State funds. Such claims must be audited by the
Board of Education. The salaries and expenses of State education
officers are paid out of the State fund, and portions of the fund
are divided among the counties and cities for the support of
schools.
By arranging for meetings of teachers for instruction in the
processes of school organization, discipline, and instruction, the
State Board of Education does much to improve the schools of the
State, and the great yearly institutes are of the highest value to
the schools.
One of the most important duties of the State Board is in
connection with the selection of text-books and the approval of
educational appliances for the equipment of schools.
The general duties of the State Board of Education consist in
regulating all matters arising in the practical administration of
the school system not otherwise provided for. Uniformity of
practice throughout the schools of the State is of the greatest
importance, and the State Board wisely secures this by keeping in
constant correspondence with officers and teachers throughout the
system.
The State Board of Education chooses its own secretary, who is
entrusted with many important duties in carrying out the plans and
work of the board.
As all division superintendents are appointees of the State Board,
it is provided in the Constitution that the two who are members of
the State Board shall not participate in the election of school
officers.
SUPERINTENDENT OF PUBLIC INSTRUCTION.
Elected by the people of the State for four years; salary, $2,000,
and necessary traveling expenses; shall have his office at the
capital; shall be the chief executive of the public free school
system; shall determine the true intent and meaning of the school
laws; shall receive reports from school officers; inspect schools,
and decide appeals from the decisions of county superintendents;
apportion State funds among the counties and cities of the State.
The public free school system is the system under which, as
required by the law of Virginia, the public schools are free to
all persons between the ages of five and twenty-one years residing
within the school districts.
The superintendent of public instruction is the chief executive
officer of the system, and when any dispute arises among school
officers as to the meaning or application of school laws, it is
his duty to determine--that is, to decide--it.
The superintendent of public instruction is also to a large extent
a judicial officer, and his decisions as to the true intent and
meaning of the school laws have very nearly as much force as the
decisions of the courts.
The reports received from school officers by the State
superintendent are embodied in his report made every two years to
the governor, and by him transmitted to the General Assembly.
This report, in addition to the information received from the
county and city superintendents, contains a large amount of
statistics and reports in regard to private schools, colleges, and
other institutions which are more or less under the care and
subject to the control of the State.
COUNTY.--COUNTY AND CITY SUPERINTENDENTS.
Term, four years, beginning July 1st after appointment; must
reside in the county or city for which he is elected, and shall
hold no elective office; shall explain the school system, examine
teachers and grant certificates, promote the improvement and
efficiency of teachers, advise with and counsel trustees and
teachers, visit and examine schools under his care and inquire
into whatever concerns their usefulness and perfection; decide
appeals and complaints; administer oaths and take testimony;
apportion the school funds among the districts.
The county and city superintendents must hold examinations at
certain times in their counties or cities to examine persons
desiring to become teachers, and if, after examination, such
persons are found qualified, they receive certificates as
teachers.
In any case of appeal or complaint against any person connected
with the schools in their districts the county or city
superintendents must hold inquiry into the matter and give
decision upon it. In making such inquiry they can call witnesses
and administer oaths to such witnesses before taking their
testimony.
It is also the duty of the superintendents to prepare annually a
scheme or plan for apportioning the State and county school funds
among the school districts under their supervision.
SCHOOL TRUSTEE ELECTORAL BOARD.
Composed of the County Superintendent of Schools, the
Commonwealth's Attorney, and a resident qualified voter, not a
county or state officer, to be appointed by the Judge of the
Circuit Court; shall fill all vacancies in the district boards of
school trustees. In cities and towns school trustees are appointed
by municipal councils.
A vacancy occurs every year in each district board. The district
board when first formed was composed of three members, one to
serve three years, one to serve two years, and the other to serve
one year, all appointments afterwards to be for three years each.
Thus there is one vacancy every year in the board, and it is the
duty of the School Trustee Electoral Board to appoint a new
trustee to fill the vacancy.
County School Board.
Composed of the County Superintendent (who is ex officio
president) and the District School Trustees of the county--"a body
corporate"; shall make necessary bylaws and regulations, shall
have a regular annual meeting between the 1st and 15th of August;
shall prepare and file with the Superintendent before July 15th an
estimate of the amount of money that will be needed for public
school purposes in the county for the next year, also a similar
list for each school district based on the estimate of the
District Board, which lists the Superintendent shall lay before
the Board of Supervisors; shall make settlement with treasurers
and school officers; shall administer certain properties devoted
to school purposes.
Ex officio is a Latin phrase meaning by virtue of office. The
county superintendent is president of the County School Board, not
by election or appointment, but because of his office as county
superintendent.
A body corporate is a corporation, the meaning of which term is
explained on page 14.
Property of any kind, either public funds or donations from
private persons, set apart or devoted to school purposes in the
county is administered by the County School Board--that is,
managed and used by the board for the support of schools in the
county.
District.--School Districts.
Each county shall be divided into compactly located school
districts, which shall correspond with the magisterial districts,
unless specially subdivided; except that a town of five hundred or
more inhabitants may form a separate school district.
School Trustees.
One shall be appointed annually for each district for a term of
three years; must be able to read and write.
School trustees are appointed annually by the School Trustee
Electoral Board, as explained above.
District Board of School Trustees.
"A body corporate"--composed of the three trustees of the
district; shall hold and manage the school property of the
district; provide suitable school houses, etc.; enforce school
laws; employ and dismiss teachers; suspend and dismiss pupils; see
that census of children of school age (5 to 21) is taken every
five years; submit to the County School Board annually an estimate
of the amount of money needed for public school purposes in the
district for the next scholastic year.
In cities the Board is composed of all the trustees in the city,
and its duties and powers are modified and enlarged.
The census of children is the numbering or counting of the
children residing in the district.
The scholastic year is the part of the year during which the
schools are open.
The District Board of School Trustees has the whole care and
administration of the schools in its charge, and is thus the most
important local body in the civil government of the State.
School Funds.
1. State Funds. The interest on the literary fund, the capitation
tax, and a tax on property of one mill on the dollar.
2. County Funds. Such tax as the Board of Supervisors may levy for
county school purposes; fines and penalties imposed on the
Superintendent; donations, or the income arising therefrom.
3. District Funds. Such tax as the Board of Supervisors may levy
for the purposes of the school district; fines and penalties
imposed on district school officers and teachers; donations, or
income arising therefrom.
The County or City Treasurer receives and pays out all school
funds.
For explanation of literary fund, see page 37, and for capitation
tax, see page 82. The tax of one mill on the dollar means a tax of
one mill on each dollar of the assessed valuation of the property.
Certain fines and other money penalties may be imposed by the
Board of Education or by the courts or county superintendents for
failing or refusing to perform certain duties Such fines and
penalties are added to the school fund for the county
When district school officers or teachers are fined for neglect of
duty the money goes to the district fund. Donations are
contributions or gifts from private individuals. If such gifts are
real estate, the income arising therefrom is the rent of such real
estate or the interest on the amount realized by its sale.
Teachers.
Must hold a certificate of qualification in full force, issued or
approved by the Superintendent of Schools of the county or city
within which he proposes to teach.
The law requires that a teacher must be at least eighteen years of
age. If the teacher has the necessary education to pass the
required examination, a certain maturity is necessary to insure
good judgment in the government and discipline of the school.
The value and success of all government depend largely upon the
character and ability of those in authority, and this is
especially true in the government of the school.
For teachers' certificates of qualification, see above under
County and City Superintendents.
QUESTIONS.
1. Who compose the Board of Education?
2. Name some of the duties of this board.
3. What is meant by nomination being subject to confirmation by
the Senate?
4. What are school funds?
5. What are by-laws?
6. What are claims payable out of State Funds?
7. What important work is done at the meetings of teachers
arranged by the State board of Education?
8. What very important duty has the State Board to perform in
reference to books?
9. What are the general duties of the board?
10. How is the superintendent of public instruction chosen?
11. What is his salary?
12. What are his duties?
13. What is the public free school system?
14. What is the extent of the power of the superintendent of
public instruction?
15. How often does the superintendent report to the General
Assembly, and what information does his report contain?
16. Who appoints county and city superintendents, and what is
their term of office?
17. Name some of the duties of these officers.
18. Who compose the School Trustee Electoral Board?
19. What are their duties?
20. Who compose the County School Board?
21. Name some of the duties of this board.
22. How are school districts laid out?
23. How are school trustees chosen, and what is their terra of
office?
24. Of whom is the District Board of School Trustees composed?
25. Name some of the powers of this board.
26. Of whom is the City Board of Trustees composed?
27. What is the census of children?
28. What is a scholastic year?
29. Tell what State funds, county funds, and district funds are.
30. Who receives and pays out all school funds?
31. What does the tax of one mill on the dollar mean?
32. From what sources besides the tax on property are school funds
obtained?
33. What are the qualifications of teachers?
OUTLINE OF COLONIAL AND STATE HISTORY.
1497. John Cabot discovered Labrador, the basis of the English
title to Virginia.
1585. Virginia was so named by Queen Elizabeth in honor of her
unmarried state.
1606. Charter granted to the London Company.
1607. Settlement at Jamestown.
John Smith, "the Father of the Colony," rescued from death by
Pocahontas, the daughter of Powhatan, the King of the Pamunkey
Indians.
1608. John Smith President of the Colony.
1609. The London Company receives its second Charter.
1610. "The Starving Time."
1612. Culture of tobacco commenced.
1613. Pocahontas marries John Rolfe.
1617. Death of Pocahontas at Gravesend, England.
1618. "The Great Charter of Virginia" granted by the London
Company.
1619. Slaves landed from a Dutch ship.
First Colonial Assembly meets at Jamestown, July 30.
1621. Formal grant of free government by a written charter.
A Council of State and a General Assembly established--the model
of every subsequent provincial form of government.
1622. Massacre of settlers by Indians under Opechancanough.
1624. Fall of the London Company.
Virginia becomes a royal province.
1644. Second Indian Massacre. Opechancanough captured and killed.
1652-60. Virginia under the Commonwealth.
1660. Called the "Old Dominion."
Navigation Acts put into operation by British Government.
1673. Grant to Lords Culpeper and Arlington of immense estates by
Charles II.
1676. Bacon's Rebellion. 1693. William and Mary College chartered.
Postal System adopted.
1698. The seat of government removed to Williamsburg.
1699. The Huguenots settle in Virginia.
1700. First Commencement of William and Mary College.
1732. Scotch-Irish and Germans settle in the Shenandoah Valley.
George Washington born February 22.
1733. Founding of Richmond at the Falls of the James.
1736. First Virginia Newspaper--"The Virginia Gazette."
Norfolk incorporated.
1737. Richmond laid out by Col. William Byrd.
1742. Richmond incorporated.
1743. Thomas Jefferson born April 2.
1754. The French and Indian War begun. Battle of Great Meadows.
French defeated by Colonists under George Washington.
1755. Braddock defeated in his attack on Fort Duquesne.
1758. Fort Duquesne captured by English and Virginia troops.
1763. "The Parsons' Case." Patrick Henry's Famous Speech.
End of the French and Indian War.
1764. Battle of Point Pleasant (now in West Virginia).
1765. Resolutions of the House of Burgesses against taxation
without representation.
1765. The British Parliament passes the Stamp Act.
1766. Stamp Act repealed by Parliament.
1767. Parliament imposes a tax on tea and other articles.
1769. Virginia resolves passed by the House of Burgesses, May 16.
1774. The first Continental Congress met at Philadelphia,
September 9.
1775. Convention at Richmond "to organize a provincial form of
government and a plan of defense for the Colony."
End of royal government in Virginia. Committee of Safety
appointed.
1776. Constitution and Bill of Rights adopted.
Declaration of Independence written by Thomas Jefferson signed in
Philadelphia, July 4.
1779. The seat of government removed to Richmond.
Conquest of the Northwest Territory by Col. George Rogers Clarke.
1780. Virginia troops defeat the British at King's Mountain,
October 7.
1781. Richmond captured by British under Benedict Arnold, in
January.
Cornwallis surrendered at Yorktown, October 19.
Cession of the Northwest Territory to the Federal Government.
1785. Act of Religious Freedom.
1787. Constitution of the United States adopted in convention of
which George Washington was President.
1788. Ratifies the Constitution of the United States.
1789. Washington inaugurated first President of the United States,
April 30.
1799. George Washington died December 14.
1807. Robert E. Lee born January 19.
1819. University of Virginia established.
1826. Thomas Jefferson died July 1.
1830. Constitution of the State amended.
1852. Constitution of the State again amended.
1859. John Brown's attack on Harper's Ferry.
1861. Ordinance of Secession passed by the Convention.
Richmond the Capital of the Southern Confederacy.
Confederate Congress assembled at Richmond, July 20.
First battle of Manassas, July 21.
1861-65. Virginia the principal battle ground of the "War between
the States."
1862. Battle between the "Virginia" and the "Monitor," March 9.
1863. West Virginia formed and admitted to the Union.
1865. Provisional Government established in Virginia, May 9.
1869. Constitution amended.
Virginia readmitted to the Union.
1870. State enacts a liberal system of public education.
Robert E. Lee died October 12.
1881. Centennial of the surrender of Cornwallis at Yorktown.
1902. New Constitution in force July 10.
COLONIAL GOVERNORS.
1607. Capt. Edward Maria Wingfield, President of the Council under
first Charter of the London Company.
Capt. John Ratcliffe, President of the Council.
1608. Capt. John Smith, President of the Council.
1609. Sir George Percy, Acting President of the Council.
1610. Lord Delaware, first Governor under new Charter of 1609. Sir
Thomas Gates, Lieutenant-Governor under Lord Delaware.
1611. Sir Thomas Dale, High Marshal under Lord Delaware.
1616. Sir George Yeardley, Lieutenant-Governor under Lord
Delaware.
1617. Samuel Argall, Lieutenant-Governor under Lord Delaware.
1619. Sir George Yeardley, first Governor under the "Great Charter
of Virginia" granted by the London Company.
1621. Sir Francis Wyatt, second Governor under the "Great
Charter." Put into effect the new constitution.
1626. Sir George Yeardley, third Governor under the "Great
Charter."
1627. Francis West, fourth Governor under the "Great Charter."
1629. John Potts, fifth Governor under the "Great Charter."
Sir John Harvey, first Royal Governor, appointed by King Charles
I.
1635. John West, acting Governor, in place of Harvey deposed by
the people.
1636. Sir John Harvey, reinstated by the King.
1639. Sir Francis Wyatt, Royal Governor.
1642. Sir William Berkeley, Royal Governor. Deposed by the
Commonwealth in 1652.
1652. Richard Bennett, first Governor under the Commonwealth.
1655. Edward Digges, second Governor under the Commonwealth.
1656. Samuel Matthews, third Governor under the Commonwealth.
1660. Sir William Berkeley elected by the House of Burgesses and
reappointed by Charles II. after the Restoration.
1661. Col. Francis Moryson, Acting Governor.
1663. Sir William Berkeley reappointed and continued to act as
Governor until 1677.
1675. Lord Culpeper appointed Royal Governor for life by Charles
II., but did not act as such until 1680.
1677. Sir Herbert Jeffreys, Lieutenant-Governor and Acting
Governor in absence of Lord Culpeper.
1678. Sir Henry Chickeley, Lieutenant-Governor and Acting Governor
in absence of Lord Culpeper.
1684. Lord Howard of Effingham appointed Governor to succeed Lord
Culpeper, deposed in 1683.
1688. Nathaniel Bacon, Lieutenant-Governor and Acting Governor.
1690. Francis Nicholson, first Royal Governor appointed after the
Revolution of 1688.
1692. Sir Edmund Andros, Royal Governor. Founded William and Mary
College.
1698. Francis Nicholson, Royal Governor. Removed capital to
Williamsburg.
1704. George Hamilton Douglas, Earl of Orkney, Royal Governor.
1705. Edward Scott, Lieutenant-Governor and Acting Governor.
1706. Edmund Jennings, Lieutenant-Governor and Acting Governor.
1710. Robert Hunter, Lieutenant-Governor and Acting Governor.
Alexander Spotswood, Lieutenant-Governor and Acting Governor.
1722. Hugh Drysdale, Lieutenant-Governor and Acting Governor.
1726. Robert Carter, Lieutenant-Governor and Acting Governor.
1727. William Gooch, Lieutenant-Governor and Acting Governor.
1737. William A. Keppel, Earl of Albemarle, Royal Governor.
1749. John Robinson, Lieutenant-Governor and Acting Governor.
1750. Thomas Lee, Lieutenant-Governor. Died immediately after his
appointment.
Louis Burwell, Lieutenant-Governor and Acting Governor.
1752. Robert Dinwiddie, Lieutenant-Governor. First explored the
Valley.
1756. John Campbell, Earl of Loudoun, Royal Governor.
Robert Dinwiddie, Lieutenaut-Governor and Acting Governor.
1758. John Blair, Lieutenant-Governor and Acting Governor.
Francis Fauqmer, Lieutenant-Governor and Acting Governor.
1763. Jeffrey Amherst, Lord Amherst, Royal Governor.
1768. John Blair, Lieutenant-Governor and Acting Governor.
Norborne Berkeley, Lord Botetourt, Royal Governor.
1770. William Nelson, Lieutenant-Governor and Acting Governor.
1772. Lord Dunmore, Royal Governor until the Revolution.
1775. Edmund Pendleton, President of the Committee of Safety.
STATE GOVERNORS.
1776-1779. Patrick Henry.
1779-1781. Thomas Jefferson.
1781. Thomas Nelson.
1781-1784. Benjamin Harrison.
1784-1786. Patrick Henry.
1786-1788. Edmund Randolph.
1788-1791. Beverly Randolph.
1791-1794. Henry Lee.
1794-1796. Robert Brooks.
1796-1799. James Wood.
1799-1802. James Monroe.
1802-1805. John Page
1805-1808. William H. Cabell.
1808-1811. John Tyler.
1811. James Monroe.
1811-1812. George William Smith, Lieutenant-Governor.
1812-1814. James Barbour.
1814-1816. Wilson Cary Nichols.
1816-1819. James P. Preston.
1819-1822. Thomas M. Randolph.
1822-1825. James Pleasants.
1825-1827. John Tyler.
1827-1830. William B. Giles.
1830-1834. John Floyd.
1834-1836. Littleton Waller Tazewell.
1836-1837. Wyndham Robertson, Lieutenant-Governor.
1837-1840. David Campbell.
1840-1841. Thomas Walker Gilmer.
1841. John M. Patton.
1841-1842. John Rutherford. Lieutenant-Governor.
1842-1843. John M. Gregory.
1843-1846. James McDowell.
1846-1849. William Smith.
1849-1852. John B. Floyd.
1852-1856. Joseph Johnson.
1856-1860. Henry Alexander Wise.
1860-1864. John Letcher.
1864-1865. William Smith.
1865-1868. Francis H. Pierpont.
1868-1869. Henry H. Wells.
1869-1873. Gilbert C. Walker.
1873-1877. James L. Kempner.
1877-1881. Frederick W. M. Holliday.
1881-1885. William E. Gameron.
1885-1889. Fitzhugh Lee.
1889-1893. Philip W. McKinney.
1893-1897. Charles T. O'Ferrall.
1897. J. Hoge Tyler.
1901. A. J. Montague.
CONSTITUTION OF VIRGINIA.
Whereas, pursuant to an act of the General Assembly of Virginia,
approved March the fifth, in the year of our Lord nineteen
hundred, the question, "shall there be a convention to revise the
Constitution and amend the same?" was submitted to the electors of
the State of Virginia, qualified to vote for members of the
General Assembly, at an election held throughout the State on the
fourth Thursday in May, in the year nineteen hundred, at--which
election a majority of the electors so qualified voting at said
election did decide in favor of a convention for such purpose;
and,
Whereas, the General Assembly at its next session did provide by
law for the election of delegates to such convention, in pursuance
whereof the members of this Convention were elected by the good
people of Virginia, to meet in convention for such purpose.
We, therefore, the people of Virginia, so assembled in Convention
through our representatives, with gratitude to God for His past
favors, and invoking His blessings upon the result of our
deliberations, do ordain and establish the following revised and
amended Constitution for the government of the Commonwealth:
ARTICLE I.
BILL OF RIGHTS.
A DECLARATION OF RIGHTS, made by the representatives of the good
people of Virginia assembled in full and free Convention; which
rights do pertain to them and their posterity, as the Basis mid
Foundation of Government.
SECTION 1. That all men are by nature equally free and
independent, and have certain inherent rights, of which, when they
enter into a state of society, they cannot, by any compact,
deprive or divest their posterity, namely, the enjoyment of life
and liberty, with the means of acquiring and possessing property,
and pursuing and obtaining happiness and safety.
SEC. 2. That all power is vested in, and consequently derived
from, the people; that magistrates are their trustees and
servants, and at all times amenable to them.
SEC. 3. That government is, or ought to be, instituted for the
common benefit, protection and security of the people, nation or
community; of all the various modes and forms of government, that
is best, which is capable of producing the greatest degree of
happiness and safety, and is most effectually secured against the
danger of maladministration; and, whenever any government shall be
found inadequate or contrary to these purposes, a majority of the
community hath an indubitable, inalienable, and indefeasible right
to reform, alter or abolsh it, in such manner as shall be judged
most conducive to the public weal.
SEC. 4. That no man, or set of men, is entitled to exclusive or
separate emoluments or privileges from the community, but in
consideration of public services, which not being descendible,
neither ought the offices of magistrate, legislator or judge to be
hereditary.
SEC 5 That the legislative executive, and judicial departments of
the State should be separate and distinct, and that the members
thereof may be restrained from oppression, by feeling and
participating the burthens of the people, they should, at fixed
periods, be reduced to a private station, return into that body
from which they were originally taken, and the vacancies be
supplied by regular elections, in which all or any part of the
former members shall be again eligible, or ineligible, as the laws
may direct
SEC 6 That all elections should be free, and that all men, having
sufficient evidence of permanent common interest with, and
attachment to, the community, have the right of suffrage, and can
not be taxed, or deprived of, or damaged in, their property for
public uses without their own consent, or that of their
representatives duly elected, or bound by any law to which they
have not, in like manner, assented for the public good
SEC 7 That all power of suspending laws, or the execution of laws,
by any authority, without consent of the representatives of the
people, is injurious to their rights, and ought not to be
exercised
SEC 8 That no man shall be deprived of his life, or liberty,
except by the law of the land, or the judgment of his peers, nor
shall any man be compelled in any criminal proceeding to give
evidence against himself, nor be put twice in jeopardy for the
same offence, but an appeal may be allowed to the Commonwealth in
all prosecutions for the violation of a law relating to the state
revenue
That in all criminal prosecutions a man hath a right to demand the
cause and nature of his accusation, to be confronted with the
accusers and witnesses, to call for evidence in his favor, and to
a speedy trial by an impartial jury of his vicinage, without whose
unanimous consent he cannot be found guilty, provided, however,
that in any criminal case, upon a plea of guilty, tendered in
person by the accused, and with the consent of the attorney for
the Commonwealth, entered of record, the court shall, and in a
prosecution for an offence not punishable by death, or confinement
in the penitentiary, upon a plea of not guilty, with the consent
of the accused, given in person and of the attorney for the
Commonwealth, both entered of record, the court, in its
discretion, may hear and determine the case, without the
intervention of a jury, and, that the General Assembly may provide
for the trial of offences not punishable by death, or confinement
in the penitentiary, by a justice of the peace, without a jury,
preserving in all such cases, the right of the accused to an
appeal to and trial by jury in the circuit or corporation court,
and may also provide for juries consisting of less than twelve,
but not less than five, for the trial of offences not punishable
by death, or confinement in the penitentiary, and may classify
such cases, and prescribe the number of jurors for each class
SEC 9 That excessive bail ought not to be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted
SEC 10 That general warrants, whereby an officer or messenger may
be commanded to search suspected places without evidence of a fact
committed, or to seize any person or persons not named or whose
offence is not particularly described and supported by evidence,
are grievous and oppressive, and ought not to be granted
SEC 11 That no person shall be deprived of his property without
due process of law, and in controversies respecting property, and
in suits between man and man, trial by jury is preferable to any
other and ought to be held sacred, but the General Assembly may
limit the number of jurors for civil cases in circuit and
corporation courts to not less than five in cases now cognizable
by justices of the peace, or to not less than seven in cases not
so cognizable
SEC 12 That the freedom of the press is one of the great bulwarks
of liberty, and can never be restrained but by despotic
governments, and any citizen may freely speak, write and publish
his sentiments on all subjects, being responsible for the abuse of
that right
SEC 13 That a well regulated milita, composed of the body of the
people, trained to arms, is the proper, natural and safe defence
of a free state, that standing armies, in time of peace, should be
avoided as dangerous to liberty, and that in all cases the
military should be under strict subordination to, and governed by,
the civil power
SEC 14 That the people have a right to uniform government, and,
therefore, that no government separate from, or independent of,
the government of Virginia, ought to be erected or established
within the limits therof
SEC 15 That no free government, or the blessing of liberty, can be
preserved to any people, but by a firm adherence to justice,
moderation, temperance, frugality and virtue, and by frequent
recurrence to fundamental principles
SEC 16 That religion, or the duty which we owe to our Creator, and
the manner of discharging it, can be directed only by reason and
conviction, not by force or violence, and, therefore, all men are
equally entitled to the free exercise of religion, according to
the dictates of conscience, and that it is the mutual duty of all
to practice Christian forbearance, love and charity towards each
other
SEC 17 The rights enumerated in this Bill of Rights shall not be
construed to limit other rights of the people not therein
expressed.
ARTICLE II
ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE
SEC 18 Every male citizen of the United States, twenty one years
of age, who has been a resident of the State two years, of the
county, city, or town one year, and of the precinct in which he
offers to vote, thirty days, next preceding the election in which
he offers to vote, has been registered, and has paid his state
poll taxes, as hereinafter required, shall be entitled to vote for
members of the General Assembly and all officers elective by the
people; but removal from one precinct to another, in the same
county, city or town shall not deprive any person of his right to
vote in the precinct from which he has moved, until the expiration
of thirty days after such removal.
SEC. 19. There shall be general registrations in the counties,
cities and towns of the State during the years nineteen hundred
and two and nineteen hundred and three at such times and in such
manner as may be prescribed by an ordinance of this Convention. At
such registrations every male citizen of the United States having
the qualifications of age and residence required in section
Eighteen shall be entitled to register, if he be:
First. A person who, prior to the adoption of this Constitution,
served in time of war in the army or navy of the United States, of
the Confederate States, or of any state of the United States or of
the Confederate States; or,
Second. A son of any such person; or,
Third. A person, who owns property, upon which, for the year next
preceding that in which he offers to register, state taxes
aggregating at least one dollar have been paid; or,
Fourth. A person able to read any section of this Constitution
submitted to him by the officers of registration and to give a
reasonable explanation of the same; or, if unable to read such
section, able to understand and give a reasonable explanation
thereof when read to him by the officers.
A roll containing the names of all persons thus registered, sworn
to and certified by the officers of registration, shall be filed,
for record and preservation, in the clerk's office of the circuit
court of the county, or the clerk's office of the corporation
court of the city, as the case may be. Persons thus enrolled shall
not be required to register again, unless they shall have ceased
to be residents of the State, or become disqualified by section
Twenty-three. Any person denied registration under this section
shall have the right of appeal to the circuit court of his county,
or the corporation court of his city, or to the judge thereof in
vacation.
SEC. 20. After the first day of January, nineteen hundred and
four, every male citizen of the United States, having the
qualifications of age and residence required in section Eighteen,
shall be entitled to register, provided:
First. That he has personally paid to the proper officer all state
poll taxes assessed or assessable against him, under this or the
former Constitution, for the three years next preceding that in
which he offers to register; or, if he come of age at such time
that no poll tax shall have been assessable against him for the
year preceding the year in which he offers to register, has paid
one dollar and fifty cents, in satisfaction of the first year's
poll tax assessable against him; and,
Second. That, unless physically unable, he make application to
register in his own handwriting, without aid, suggestion, or
memorandum, in the presence of the registration officers, stating
therein his name, age, date and place of birth, residence and
occupation at the time and for the two years next preceding, and
whether he has previously voted, and, if so, the state, county,
and precinct in which he voted last; and,
Third. That he answer on oath any and all questions affecting his
qualifications as an elector, submitted to him by the officers of
registration, which questions, and his answers thereto, shall be
reduced to writing, certified by the said officers, and preserved
as a part of their official records.
SEC. 21. Any person registered under either of the last two
sections, shall have the right to vote for members of the General
Assembly and all officers elective by the people, subject to the
following conditions:
That he, unless exempted by section Twenty-two, shall, as a
prerequisite to the right to vote after the first day of January,
nineteen hundred and four, personally pay, at least six months
prior to the election, all state poll taxes assessed or assessable
against him, under this Constitution, during the three years next
preceding that in which he offers to vote; provided that, if he
register after the first day of January, nineteen hundred and
four, he shall, unless physically unable, prepare and deposit his
ballot without aid, on such printed form as the law may prescribe;
but any voter registered prior to that date may be aided in the
preparation of his ballot by such officer of election as he
himself may designate.
SEC. 22. No person who, during the late war between the States,
served in the army or navy of the United States, or the
Confederate States, or any state of the United States, or of the
Confederate States, shall at any time be required to pay a poll
tax as a prerequisite to the right to register or vote. The
collection of the state poll tax assessed against any one shall
not be enforced by legal process until the same has become three
years past due.
SEC. 23. The following persons shall be excluded from registering
and voting: I
Showing first 200,000 characters. Full text: gutenberg.org/ebooks/4762