\ Jl THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES ■JJ^ .-J* « Z O o 0. Cd GOVERNMENT AND POLITICS IN VIRGINIA BT HOWARD LEE McBAIX, Ph. D. Eaton Professor of Mimicipal Science and Adtnitmtratwn in Columbia Universtiy REVISED EDITION RICHMOND, VIRGI.VIA Thf, Bell Book and Stationery CoiiPANT 1922 . - - . . . , • , • • • ' ; , ■ » J » > > • ■ * > » • 1 1 j,'.^ ■>• . ,, Copyright, 1516 Copyright, 1922 By Howard Lee McBain ^ / ' ■ FOREWORD Regrettable as the fact is, a large majority of children in the United States go out into active life before they reach the high school. Since this is true, and since ours is a govern- ment which the people themselves must operate, it seems manifestly desirable that some time should be given in the elementary schools to a consideration of the activities of the government. This book has been written for the pupils of the elementary schools. Government in the United States is exceedingly compli- <:ated in organization. It is not to be expected that children will find interest in, or be able to understand, all of its in- tricate details. The fundamental principles of its organiza- tion are not, however, beyond their understanding; and, if properly presented to them, there is no reason why the func- tional activities of the government should not enlist their keen interest. It is perhaps not of vital importance that the. child in school should be able to memorize the titles, the powers, and the duties of the innumerable officers who carry on the work of the government. It seems axiomatic, how- ever, that in the school itself^and especially in the school which the government provides — a very determined effort should be made to relate the child to the government, to make him see its necessity and its purpose, to make him understand that, far from being a thing apart from his own life, the government is actually a part of him and he a part ni 459971 iv FOREWORD of it. This can be accomplished only by showing the child the governnunt in action and by emphasizing the personal benefits which he enjo>s by reason of its existence. After his interest has been awakened in this way, he will naturally find greater interest in a study of the principles which under- lie the organization of the government and will be more eager to learn something about the powers and duties of the more important officers. The prime purpose in this book is to arouse an intelligent interest. Whh. this end in view the functional activities of the state and local governments are discussed before any attention is given to the matter of gov- ernmental organization. The same plan precisely is followed in the treatment of the national government. It is entirely natural that the child will be more interested in those actixities of the go\crnment which he himself has the opportunity to observe. Many of these he has probably never connected with the government at all. It seems highly appropriate, therefore, that an elementary study of this im- portant subject should begin with a description of the func- tions of local and state governments and should proceed from this to a consideration of the national government. This is the plan of presentation which is followed in this book. It seems further proper, in an elementary study such as this is, that the attention of the child should be directed especially to the government of his own state and his own local community. There are large differences in the governments of the several states of the Union, as well as in the local units of government that are established in these states. It is practically impossible to give the child any satisfactory and adequate conception of actual conditions, if the governments FOREWORD V of all the states are to be surveyed and the treatment made comparative. This book deals, therefore, with government as it is found in Virginia. There is only occasional reference to other states. Each chapter is followed by a series of questions that may be used as a basis for class exercises. For the most part these questions are not founded upon the subject matter of the text;, they are offered simply as suggestions to stimulate class in- terest and discussion. Perhaps the teacher herself will in some instances be unable to answer them. The teacher should encourage the pupils to consult their parents and others- in the community who may be able to enlighten them in re- spect to these and other similar questions. In this way, it is believed, will the entire study be localized and vitalized. Every teacher will doubtless wish to expand her knowledge of this important subject beyond the somewhat elementary facts contained in this book. Material for a more detailed study of the government of Virginia is not readily available. The only general work on this subject is Dr. F. A. Magruder's- Recent Administration in Virginia. This monograph, pub- lished in 1912 by the Johns Hopkins Press, Baltimore, Mary- land, contains an exceedingly interesting survey of the origin and development of the several administrative departments of the state government. The work of each of these depart- ments is also described in some detail in their annual printed reports, copies of which may usually be secured by written application to the respective departments at Richmond. The state constitution and the laws enacted by the General Assembly are compiled in what is known as The Code of Vir~ vi FORK WORD ginia, and its several Supplements. A complete revision of this code was published in two volumes in 1919. These volumes may be consulted in the office of an\' lawyer. By far the best work dealing with the whole subject of national, state, and local government in the United States is Beard's American Government and Politics, published by the Macmillan Company, New York. Young's The New American Government and Its Work, Munro's The Government of the United States, Holcombe's State Government in the United States (all published by Macmillan), and Kimball's The Na- tional Governynent of the United States and State and Municipal Government in the United States (published by Ginn and Com- pany) may also be recommended. Bryce's American Com- monwealth, in two volumes, completely revised in 1910, is still a standard work on American government. This work also is. published by the Macmillan Company and there is an abridged edition of it in a single volume. Ogg's The Governments of Europe (Macmillan) and Willoughby and Roger's An Introduction- to the Problem of Government (Double- day, Page and Company) are valuable treatises on their re- spective subjects. Numerous other general works on Ameri- can government might be mentioned, and there are many volumes dealing in more detail with specific aspects or di- visions of the government. It seems unnecessary, however, to present here anything like an elaborate bibliography. Howard Lee McBain. New York City, April, 1Q22. CONTENTS FIRST PART POWERS AND DUTIES OF STATE AND LOCAL GOV- ERNMENTS Chapter Page I. The Need for Government 1 II. The Life and Liberty of the People 10 III. The Life and Liberty of Persons Accused OF Crime 19 IV. The Health of the People 23 V. The Property of the People 30 VI. The Farms of the People 38 VII. The Schools of the People 43 VIII. The Roads, Streets, AND Parks OF THE People 56 SECOND PART ORGANIZATION OF THE STATE AND LOCAL GOV- ERNMENTS IX. The Constitution of the State 68 X. The Votes of the People 73 XL Political Parties 81 XI I. The State Legislature 86 Vll viii CONTENTS Chapter Page XIII. The Execution of the Laws 93 XIV. The State Courts 104 XV. The Government of Counties Ill XVI. The Government of Cities 118 XVII. State and Local Taxation 127 THIRD PART POWERS AND DUTIES OF THE NATIONAL GOV- ERNMENT XVIII. Foreign Affairs and National Defense.. 135 XIX. Commerce, Finance, and Industries 145 FOURTH PART ORGANIZATION OF THE NATIONAL GOVERNMENT XX. The National Constitution 157 XXI. The Supremacy of the National Constitu- tion 167 XXII. Congress 175 XXIII. The Execution of National Laws 185 XXIV. The National Courts 20O XXV. National Taxation 208 XXVI. The Government and the Citizen 215 INDEX 225 GOVERNMENT AND POLITICS IN VIRGINIA FIRST PART POWERS AND DUTIES OF STATE AND LOCAL GOV- ERNMENTS CHAPTER I THE NEED FOR GOVERNMENT THE PEOPLE AND THE LAND. The Commonwealth of Vrginia covers an area of more than forty thousand square miles. Residing upon this area are more than two million people. If the territory of the State were divided equally among all the people, every man, woman, and child would have about twelve acres of land for himself. If such a divi- sion were made, each of us might choose to live absolutely alone upon his own twelve acres and have little or nothing to do with his neighbors. Think what this would mean. Every individual would have to provide shelter for himself and all of his own food and clothing. How unhappy and how unsatisfactory our lives would be. Now, as everybody knows, people do not live in any such, absurd fashion as this. Most of us live with our families, and all of us have friends and acquaintances with whom we mingle. 1 2 GOVERNMENT AND POLITICS IN VIRGINIA In other words, people do not live separately but in groups. And there are many reasons why they live in this way. THE FAMILY GROUP. It seems unnecessary to point out the various reasons why people live in family groups. Certainly one important reason is that during all the earlier years of their lives children are unable to provide for them- selves. It is necessary that their parents should care for them ; and this necessity, among other things, holds the family group together. It seems also unnecessary to discuss the numerous advantages which we enjoy because we live in these family groups. So many are these advantages and so strong are the ties of affection between the memliers of the family that, even after children are able to support themselves, they more often than not continue to lixe in the family group until they are ready to establish families of their own. The family is indeed the smallest of all the groups in which people live, but in many ways it is also the most important of all groups. THE COMMUNITY GROUP. Of course every family usually lives by itself to a certain extent. But families also associate with one another and form larger groups. Even when families live on farms and are thus separated by con- siderable distances, they nevertheless have many interests in common. They make, for example, common use of the roads, the churches, the schools, the post offices. They form, in other words, a community group. Nearly three-fourths of the people of Virginia live in farming communities of this kind. The people who live in cities and villages naturally live much closer together than the people of farming communities. Naturally also they have a larger number of interests in com- mon. Their streets, for example, must be paved and cleaned and lighted for the benefit of the whole population. They must have a common police protection and common protec- tion against fires. Such things as water and light must be furnished to their homes, and means of transportation must be provided. THE NEED FOR GOVERNMENT 3 WHY PEOPLE LIVE IN FARMING AND CITY COMMUNITIES. Everybody understands why a certain number of people must of necessity live in farming com- munities. Not only must the people of the farms raise their own food and the raw material for their own clothing, but they must pro\ide these things also for the people who reside in cities and villages. There are equally good reasons why people live in cities and villages. One of the principal rea- sons is that the raw material' raised upon the farms may be more easily manufactured in cities and distributed to the stores which make a business of selling manufactured goods. The people of the farming communities are themselves very dependent upon the labors of the people who reside in cities. How could the farms be properly cultivated without the im- plements that are made in city communities? Would it not be a distressing state of affairs if every farmer were compelled not only to raise the wool, the flax, and the cotton from which his clothing is made, but also to manufacture the necessary cloth and thread and make it up into garments? It is clear, then, that the lives of all of us are made a great deal easier and happier because we live in community groups and because the farming communities and the city com- munities are dependent upon each other. Indeed we can scarcely imagine what our lives would be if people did not live together in these different kinds of groups. HOW PEOPLE SATISFY THEIR DESIRES. Every person in the world has a certain number of desires that he wishes to satisfy. Although the desires of different indi- viduals vary greatly, there are certain principal desires which nearly everybody has. For example, life itself is one of the things which all of us desire to preserve. Most of us also are anxious to preserve our health. We like to be free also to do as we please without interference from others. In other words, we desire liberty of action. 4 GOVERNMENT AND POLITICS IN VIRGINIA Another thing which nearly everybody desires is to earn money. Most people do not care for money in itself, but money helps us to live our lives in our community. The farmer does not ordinarily exchange a quantity of potatoes or corn for a suit of clothes or a plow. He accepts money for his potatoes or corn, and he gives the same money for the clothing or the plow that he wants. Moreover, the possession of money enables us to buy things which we call property — such things, for example, as land and houses, books and fur- niture, food and clothing, horses and cattle. These things make our lives more comfortable, and it is natural that we should seek to obtain them. Most of us desire not only to associate with the people of our own community but also to keep in touch with the people of other communities. For this purpose we need roads and bridges, railroads and boat lines, postal and express services, telegraph and telephone lines. Another desire which most people have is the desire for knowledge. We want to know things. We must have, therefore, not only schools and col- leges but also books and magazines and newspapers. These, in a general way, are a few of the desires which nearly everybody has. In the realization of these desires, we find happiness for ourselves, and we increase our usefulness to our family and our community groups. THE CONFLICT OF INTERESTS AMONG PEOPLE. When people live in groups it is utterly impossible for each individual to pursue his own desires Vvithout any regard for others. We desire to preserve our lives; but sometimes, as in time of war, men gladly give up their lives for their coun- try. We desire health; but we cannot ignore the interests of others in this matter. We have no right, for example, in seeking to protect our own health, to drain the sewage from our house into an open stream, if thereby we endanger the health of our neighbors. We desire liberty of action; but we must use our liberty with due consideration for the rights of r e r- OS U 50 c-5 ■eJ) c o 6 GOVERNMENT AND POLITICS IN VIRGINIA others. If we are seized with some contagious disease, we have no right to roam at liberty and thus run the risk of spreading that disease. If we live on a farm, we have no right to refuse to build fences that will prevent our cattle from straying abroad and destroying the crops of others. We have no right to drive our horses or our automobiles recklessly, for in so doing we imperil the lives of others. In other words, our liberty of action must in many ways be restrained in order that the rights and desires of other people may be protected. THE NEED OF ASSISTANCE IN ATTAINING OUR DESIRES. It is perfectly clear that in the attainment of some of their desires people must act together. Ihey must pro\ide some things which they can use in common. It would certainly be ridiculous if each farmer attempted to build his own road to a neighboring city or village. It would be impossible for every family to establish a well-equipped school for the children of the family. In a city of any size it would be very difficult for each family to supply itself with water by having its own well. And surely we should be great- ly handicapped if we were compelled to fon\-ard our letters by special messengers. In such matters as these we as indi- viduals need assistance; and we find that assistance by acting together. THE REASONS WHY GOVERNMENTS ARE ES- TABLISHED. Because the desires and interests of one per- son so often conflict with the interests of others who live in the same group it is nearly always desirable to lay down cer- tain rules which everyone must obey. Even in the family group such rules are necessary, though they are seldom, if ever, written down. So in the school there are rules which must be respected. In the larger groups which form com- munities there are also rules. In every community, for ex- ample, it is a rule that no person shall take the life of another person; and the community will punish any person who dis- obeys this rule. The rules for the conduct of the people of a THE NEED FOR GOVERNMENT community are called laws. The members of the- com- munity choose (or, as we say, elect) certain of their number to frame these laws for the community and the laws so framed are binding upon everybody. Sometimes we may feel that the laws of a community are irksome, because they interfere with this or that thing that we as individuals want to do. Sometimes also we may think this or that law is unnecessary or unwise. We should remember, however, that laws pro- VIEW OF A PRGSPLROUS FARMING COMMUNITY tect us from others in far greater measure than they actually restrict us in what we ought reasonably to be permitted to do. For the most part they deprive us only of those rights and liberties which it is necessary for us to give up for the general interests of the whole body of people in the community. Not only must laws be made but they must also be enforced ; and the people of every community select for this purpose a 8 GOVERNMENT AND POLITICS IN VIRGINIA number of persons whom we call officers. It is the duty of these officers to see theit the laws are obeyed and to settle disputes that arise between in(Ii\iduals as to the meaning of the laws. In addition to all this, the people of the community must provide for the establishment and maintenance of the various services which they need in common. This, again, requires officers — officers who are empowered to build and repair roads, to operate post offices, to construct and manage schools. In other words, it is not sufficient for a community simply to have laws that impose duties and restrictions upon individuals for the common benefit. The community must also have certain services performed which individuals cannot well supply for themselves. These, then, are the reasons why people establish govern- ments. The government consists of officers whom we choose to perform certain duties for us as a community. We re- quire some of these officers to make the laws for the com- munity, so that every one of us may know what his own rights are and what are his obligations toward his neighbors. To other officers we give the power to enforce these laws, so that we may have some authority to appeal to when our rights are ignored or abused by another person. We select still another group of officers to perform certain services which the people of the entire community need to use in common. It is difficult to see how we could get along in any com- munity if we did not establish a government to accomplisli these purposes for us. It is highly important that each of us should be interested in the government of his community, for certain it is that we should find many difficulties in living our lives among our fellowmen and in realizing many of our de- sires if there were no such thing as the government. It is desirable, therefore, that we should understand, in the first place, what our government is undertaking to do for us, and, THE NEED FOR GOVERNMENT 9 in the second place, how our government is organized to carry- on its various activities. These are the objects of our study. CLASS EXERCISES 1. What sort of community do j'ou live in — is it a farming community* or a town, or a citj'? Find out, if jou can, how many people live in your community. In your neighborhood are the houses close together or far apart? Think of some of the ways in which you associate with the people of your community — when and where, for instance, do you meet them? 2. Mention some of the advantages that people enjoy because they live in family groups. If you lived absolutely alone, how would you get your food? Your clothing? Furniture? How would you shelter your- self? 3. If you live in a farming community, mention some of the advantages you derive from associating with other people in your community. Do you use any things that are manufactured by the people of city communi- ties? Mention some of these things. 4. If you live in a city community, in what ways are you dependent upon other people in your community? In what ways are you dependent upon the people of farming communities? 5. Mention some of the desires that you have. Have you any desire that might conflict with the rights or desires of other members of your family? Of your neighbors? 6. Explain how some of your desires are attained by reason of the fact that the people of j-our community have acted together. Who, for ex- ample, provided the road or the street over which you traveled to school? Who i)rovided the school? 7. Why do you attend school? What desire are j'ou satisfying? Mention some of the waj's by which the people of your communitj^ keep in touch with the people of other communities. 8. What do j-ou mean by the government of a community? Why is it necessary? Can you think of any way in which the government restricts 3'ou in order that the interests or desires of other people may not be in- terfered with? Can you think of any services provided by the govern- ment which you could not provide for yourself? 9. Who makes the rules of j-our school? Who enforces them? Would it be appropriate to speak of the "government" of your school? What would you mean? CHAPTER II THE LIFE AND LIBERTY OF THE PEOPLE PROTECTION OF PERSONS AGAINST VIOLENCE, For the most part the people of a community are accustomed to live in harmony and peace with one another. Occasionally, however, one person attacks another and sometimes even takes his life. This is naturally prohibited by the law, and the government makes every effort to arrest the person who commits an offense of this kind, and especially the person who takes another's life. In every community there are officers provided for this purpose. In farming communities there are constables and sheriffs. In city communities, because of the close associa- tion of many people, personal attacks are more frequent than in farming communities. In cities, therefore, the government provides a more numerous force of officers known as the police force. The streets of the city are patrolled by day and by night in order that persons may be promptly protected from the violence of others. Of course it often happens that these officers who are provided to preserve the peace of the community are not on hand when an attack is made, but the knowledge that the government has provided such officers, who will seek out and arrest offenders and bring them to punishment, serves to pre- vent many attacks that might otherwise be made. In this way, then, does the government endeavor to protect us against those persons in the community who, in a fit of passion or be- cause of some grudge against us, might attempt to injure us or destroy our lives. Very occasionally in a community there is a large uprising of persons, who in their anger are ready to injure or take the 10 LIFE AND LIBERTY OF THE PEOPLE 11 lives of those whom they regard as their enemies. This, for example, sometimes occurs when a large strike is on, and when the striking workmen or those who sympathize with them try to prevent others from taking their places. Sometimes also an unruly mob will attempt to take the life of some person who has, or is supposed to have, committed an ugly crime in the community. When conditions like this prevail it is im- possible for the ordinary officers, such as constables, the sheriff, or the police, to furnish the necessary protection for the lives of those who are threatened. The go\ernment. COMPANIES OF MILITIA ON DRESS PARADE therefore, provides what is known as the militia. The militia consists of companies of troops which may be called out and sent to the scene of any unusual disturbance in order that the peace may be preserved and the rioters prevented from carry- ing out their designs. It is, however, only on rare occasions that there is any necessity for the use of the militia. PROTECTION OF PERSONS AGAINST A CCIDENTS. Some accidents are apparently so unavoidable that perhaps nobody can be blamed for them ; but for many of the accidents 12 GOVERNMENT AND POLITICS IN VIRGINIA that happen to persons in the course of their lives they them- selves are alone responsible. Of course it would be impossible for the government to attempt to protect us against every avoidable accident that might occur. There are, however, certain circumstances in which the dangers of accident are so apparent that the government does attempt to furnish a de- gree of protection. The people who live in farming communities are exposed to only a few dangers from accident in respect to which the gov- ernment can be of assistance. The government requires, for example, that persons driving along roads shall keep to the right, in order that one driver may know what move to expect from another. The government also limits the speed at which automobiles may travel. Sometimes in the construc- tion of roads and bridges the government erects fences or rails to protect persons from dangerous ditches or ravines. Espe- cially does the government endeavor to protect persons against accidents from railway trains. Wherever a road crosses a railway track the government requires that the railway com- pany shall erect a sign warning the traveler on the road of possible danger. Sometimes there is the additional warning of a bell indicating the approach of a train. Occasionally, moreover, the railway company is required to carry its tracks on a bridge above the road or to carry the road on a bridge over the tracks in order that the danger from accident may be completely avoided. It is, however, in the cities, where the risks are much greater than in farming communities, that the government under- takes in numerous ways to lessen the possibility of accidents. Trains are required to move at a very slow rate of speed. The operation of street cars and of automobiles is regulated in many ways by law; and not infrequently special policemen are placed at corners where the traffic is particularly heavy in order that they may regulate the movement of vehicles. The government also does many things to lessen the danger LIFE AND LIBERTY OF THE PEOPLE 13 from accidents that result from fires in cities. Many build- ings are required to be equipped with fire escapes. In the theatres and other buildings where large numbers of people gather the government regulates such things as the width of the aisles, the number of people that may be allowed to stand, and the number and kind of exits that must be provided, in order that, in case of fire, the audience may quickly gain the street. Moreover, in all of the larger cities there is a force of officers for the special purpose of putting out fires, and many persons are saved from accident and from loss of life by the heroic work of these firemen. A STEEL BRIDGE UNDER CONSTRUCTION This huge viaduct, at Richmond, Virginia, helps to prevent accidents by carry- ing traffic high above numerous railroad traclcs The government, further, attempts to lessen the dangers from accident to the workmen who are employed in large manufacturing plants. The managers of these plants are required to place guards around dangerous machinery and otherwise to provide against accidents to their employes, whether from fire or from the operation of the plant. "^ 14 GOVERNMENT AND POLITICS IN VIRGINIA PROTECTION OF THE POOR. In still another way does the government throw its protection around the life of the indix'idual. When a man's health and strength have failed, when he is without money and without friends or relatives to support him, he finds that the government has made provision for his care. Formerly this protection of the poor was given by the churches and by private persons and organizations. These still do a great deal toward helping those who are unable to help themselves. In modern times, however, the care of the poor has come to be regarded as one of the duties of the government. We find almshouses, there- fore, in every county and city; and officers are appointed whose duty it is to see that these unfortunates in the com- munity arc provided for. PROTECTION OF AGED SOLDIERS. In Virginia the government also contributes to the support of the soldiers who fought in the War Between the States, and who, by rea- son of their disablement or their losses as a result of the war, are unable to care for themselves. These venerable men gladly gave their services to the state in their 3'outh. They stood ready at a time of great need to sacrifice their lives for the Southern cause. In many cases they lost everything. It is no more than right and just, therefore, that the govern- ment should make some provision for them during the de- clining years of their lives. THE MEANING OF LIBERTY IN THE COM- MUNITY. As we have already had occasion to note, our desire for liberty of action must be restricted in many ways in the interest of other people who live with us in the com- munity. If the government did not impose certain restric- tions upon our liberties, the thoughtless and inconsiderate people of the community would often seriously interfere with the rights of others. It is only by restricting the liberty of each of us to some extent that the interests of all can be pro- tected. LIFE AND LIBERTY OF THE PEOPLE 15 It would be impossible to enumerate all of the ways in which the government imposes restrictions upon our liberties. This would necessitate a rev^iew of nearly all of the laws which the government enacts; for most laws deprive us of liberty in one way or another. We are compelled to do certain things which, if our liberty was wholly unrestrained, we might not choose to do. We are likewise forbidden to do many things which we might otherwise wish to do. It is a great mistake, however, to suppose that these restrictions upon our freedom of action are imposed merely for the sake of interfering with us. This is far from the fact. Restrictions are never placed upon our individual liberties except when the government be- lieves that the whole community will be benefited by such re- strictions. HOW THE GOVERNMENT ITSELF IS PROHIBITED FROM INTERFERING WITH OUR LIBERTY. It is a mistake also to suppose that the government can go to any extent it chooses in restricting our liberties. There are cer- tain personal rights that we as a people regard as of great im- portance; and we expressly prohibit the government from in- terfering with these rights. For example, we prohibit the government from depriving us of freedom of speech or of freedom of religion ; and we do not permit the officers of the government to make unreasonable entry into our dwellings. Moreover, as we shall see in the next chapter, we limit the power which the government may exercise over persons accused of crime, in order that innocent persons may not suffer unjustly. THE RIGHT OF FREEDOM OF SPEECH AND THE PRESS. In some countries people have to be very careful what they say or write or print about the government. In V^irginia, however, and indeed throughout the United States, there is no suppression of news in regard to the government. Anybody may criticise the affairs of the government as he pleases. _ Why is such liberty permitted in America? It is 16 GOVERNMENT AND POLITICS IN VIRGINIA because we believe that the more the people know about the government, the better government we shall have. It is necessary, therefore, that we should be permitted to discuss the actions of the government very freely. If corrupt or inefficient officers get control of the go\ernment, it is right that the people should know this. It is true that able and conscientious officers are sometimes unjustly condemned, and the liberty that we as a people enjoy is thus abused. This is unfortunate. But ev^en though our liberty of speech is sometimes abused, it would be far worse if we were kept in ignorance of what the officers of the government are doing. When persons become officers of the government they are in a way the servants of the whole community, and they place themselves in a position that especially invites criticism of their acts. In criticising their acts, however, we have no right to say or write false and malicious things about the per- sonal character of these officers. Much less have we the right to say and write whatever we choose about our fellow citi- zens. If we could do this, it is easy to see that one person might often do serious injury to another person's reputation and standing in the community. Whenever a person can prove that he has been falsely slandered by another, the law provides that the person who has slandered him shall pay him a sum of money equal to the loss that he has sustained. Officers of the government do not often attempt to recover money damages of this kind, but private persons are not in- frequently compelled to do so. While we as a people are pro- tected in our freedom of speech and of the press, the govern- ment has the power to limit that freedom to the end that the reputations of individuals may not be destroyed by their personal enemies. THE RIGHT OF FREEDOM OF RELIGION. In times gone by the churches were often very closely connected with the government. Indeed the officers of the government would often persecute those who held religious beliefs that LIFE AND LIBERTY OF THE PEOPLE 17 differed from their own. Even after the days of religious per- secutions passed, the government often gave special support to a particular religious denomination. And this is the situa- tion that prevails in some countries even at the present time. In Virginia the Episcopal or Anglican Church was sup- ported by the government down to the year 1785. It was largely through the efforts of Thomas Jefferson and James^ Madison that this system was abolished. Thereafter the Episcopal Church, like all the other denominations, was com- pelled to support itself and secured no special favors from the government. As everybody knows, we now enjoy absolute freedom to worship at any church we choose, and we are not required by law to contribute to the support of any church. It is highly improbable that the government would ever at- tempt at this late day to give special favor to any particular denomination or sect. But in order to guard against this possibility, we have absolutely prohibited the government from doing so. THE RIGHT TO BE FREE FROM SLA VERY. Before the War Between the States, almost the entire negro popula- tion of Virginia, in common with the negroes of the rest of the South, was held in slavery. Slaves were bought and sold. Indeed they were exchanged very much like other property. Although they were in most cases treated kindly by their masters, they did not enjoy any considerable degree of per- sonal freedom. They were compelled to do what their owners required of them. As a result of the war the negroes were made free, and today they enjoy the same amount of per- sonal freedom that is permitted to the white population. It is now a general principle of government throughout the United States that no person can be made the slave of an- other. One person is as free as another, which means that everybody is free to do as he pleases so long as he obeys the laws of the community in which he lives. 18 GOVERNMENT AND POLITICS IN VIRGINIA CLASS EXERCISES 1. What means, if any, are jjrovided in your school for the protection of the lives of the teachers and piii)ils? Are there fire-escajes? Are there broad staircases? Are there sufficient exits? Do you have fire drills? 2. If you live near a railroad, do you know of any precautions that are taken to prevent accidents? 3. If you live in a city, do you know of any precautions that are taken to prevent accidents by fire in public buildings? To prevent accidents in the streets? How are your city streets lighted, and why? Who owns the lighting plant? 4. A.sk some manufacturer in your community what things the gov- ernment compels him to do to safeguard his employes. 5. Find out what provision is made in your community for the care of the poor. Who supports the poorhouse? 6. Is there a militia company organized in your communitj'? Do you know of any time that it has been called into active service? If so, when, and why? 7. Mention some of the restrictions upon your liberty in the school- room — what are some of the things that you are not permitted to do? Explain how these things would interfere with the rif hts of others. Why are you forced to consider the rights of others? Why are they forced to consider your ri{.'hts? 8. How is your liberty in the family restricted? Who makes the rules which you must obey in the home? Why are they made? 9. Compare the restrictions upon your liberty in the school and in the family with the restrictions which the government places upon the liberties of people living in the community. \\ hy are these latter restrictions necessary? What, then, do we mean by liberty in a community? 10. Can the government restrict the liberty of the peo])le to any extent it chooses? Can the government, for instance, prohibit freedom of speech? What do we mean by freedom of speech? Can one man say or print any- thing he chooses about another without fear of punishment? 11. Does the government prescribe what church you shall attend? Could it do so if it wished? Why? Did the government of Virginia ever make such laws? Why were they abolished? What is meant by an "estabHshed church"? 12. Did you ever hear or read that some officer of the government was unworthy of his position? Have the i)eople in Virginia the right to talk freely about the officers of the government? What good results from this? What evil sometimes results? 13. When was slavery abolished in Virginia? How much liberty did the slaves enjoy? What liberties do the colored people enjoy today? CHAPTER III THE LIFE AND LIBERTY OF PERSONS ACCUSED OF CRIME PROTECTION GIVEN TO PERSONS ACCUSED OF CRIME. It is of great importance that persons who violate the laws of the community should be punished. Otherwise the laws and the government itself would be useless. But it is no less important that innocent persons should not be made to suffer merely because they are suspected of having violated the laws. In order to avoid this we give to all persons who are accused of committing crimes certain rights which they may demand. THE PRESUMPTION OF INNOCENCE. Perhaps the most important of these rights is that every person is pre- sumed to be innocent until the government has proved that he is guilty. In other words, unless the government can find other persons who saw the accused commit the offense in question, or unless it can show certain facts which prove the person's guilt beyond any reasonable doubt, the person can- not be punished, whether he is actually guilty or not. It is probable that a guilty person is sometimes allowed to gc unpunished because the government cannot get actual proof against him. This is regrettable, but it is occasionally neces- sary. Otherwise the officers of the government would be able to punish a person merely because they thought he had committed an offense. That would indeed be unendurable. THE PRIVILEGE OF BEING RELEASED ON BAIL. Of course persons must sometimes be held merely on sus- picion, until the government has had time to investigate, and until what is known as a trial can be held. Even in such cases the person so held has certain rights and privileges. He 19 20 GOVERNMENT AND POLITICS IN VIRGINIA can, for instance, ask to be released on bail. If this request is granted, someone must deposit a sum of money with the government; and in case the person escapes from the com- munity, or fails to present himself for trial, this money is forfeited to the government. The amount of bail that is demanded usually varies with the seriousness of the offense. And sometimes, either because of the seriousness of the offense, or because the government has reason to believe that the suspected person is planning to escape and forfeit his bail, the government refuses to allow him to be released on bail. In many cases, however, it is only fair that a person who is merely suspected should be permitted to go at liberty until the government is ready to put him on trial and prove his guilt. The chief objection to the bail system is that a poor person or a person unknown in the community often finds difficulty in raising the money to deposit with the govern- ment. THE RIGHT OF INDICTMENT BY GRAND JURY. If the offense of which a person is accused is a grave one, he cannot actually be brought to trial upon the mere accusation of some officer of the government. This officer must present the evidence which he has against the person to a group of private citizens who are known as a grand jury. If this grand jury thinks that the evidence against the person is sufficient, they bring in what is known as an indictment against him. This simply means that the person is formally accused by the grand jury and is ordered to be tried for the offense. If the grand jury thinks the evidence insufficient, they dismiss the indictment; and the person cannot then be held for trial. Sometimes a person is arrested on suspicion and held (or released on bail) until the grand jury can be assembled. He is then said to be "held for the grand jury." Sometimes he is not arrested at all until after the grand jury has indicted him. In either case, after the grand jury has LIFE AND LIBERTY OF THE ACCUSED 21 presented an indictment against a person, he is said to be ^'held for trial." THE RIGHT OF TRIAL BY JURY. For all the more serious offenses a person is entitled to be tried by jury. This means that his guilt or innocence must be determined by a group of twelve private citizens who reside in the community in which the offense was committed. Moreover, these twelve persons must all agree. Otherwise a new jury must be chosen and another trial held. More than this, the accused must be tried in an "open court" — that is, a court to which the public is admitted. The court may, however, be cleared, if those who are present attempt to influence the jury by showing their feeling for or against the prisoner. The accused can- not be compelled to testify against himself. If he prefers to remain silent, he has the right to do so. The witnesses against him must give their testimony in his presence. And the gov- ernment is required to force the attendance of any witnesses whom the prisoner may demand. When all the evidence for and against the accused has been presented, the jury retires to consider the case. If they come to an agreement, they bring in what is known as a verdict. This verdict may be either of guilt or of innocence. If the verdict is one of guilt, the accused is said to be "convicted"; and thereafter he is "sentenced" to serve the punishment which the law provides for the particular offense. THE RIGHT OF APPEAL. It is often the case that a prisoner, even after he has been convicted and sentenced, has the right to carry his case to another and higher court. This we call the right of appeal. He is not again tried by a jury; but this higher court considers whether the case was properly tried before the jury. If they conclude that the trial was not conducted with all the fairness required by the law, they have the power to order that a new trial be held. THE RIGHT NOT TO BE PUNISHED IN A CRUEL OR UNUSUAL MANNER. Various degrees of punish- 22 GOVERNMENT AND POLITICS IN VIRGINIA ment for different offenses are prescribed by the laws of the community. But the government in making these laws may not provide any cruel or unusual punishment. The most usual punishment is a fine or imprisonment, and sometimes both a fine and a term of imprisonment are imposed. For a few very serious offenses the government prescribes the punishment of death. Formerly in Virginia persons w^ho were sentenced to death were hanged; but more recently the law has provided for death by electrocution — that is, by causing an electric current to pass through the body. Many persons believe that punishment by death should be abolished entirely. But as long as the people retain this form of punishment for a few of the more terrible crimes, the use of the electric current is certainly more humane than the old method of hanging. CLASS EXERCISES 1. Suppose a man commits a crime in your community, who would ordinarily arrest him? Where would he be taken? Would he have to prove his inuocence? 2. Explain how he might be released on bail. Explain how he might be "held for the grand jury." How would he be indicted? What would this mean? How would he be tried? 3. What is a verdict? A conviction? A sentence? What is the right of appeal? Electrocution? 4. Find out where the courts in your community are held. Have you ever seen a court room? If so, describe it. 5. Find out when a grand jury last met in your community. Try to find someone who has served on a grand jury, and ask him how the busi- ness of the grand jury was conducted. 6. Try to find someone who has served on a jtiry. Ask him to de- scribe the trial to you. CHAPTER IV THE HEALTH OF THE PEOPLE PROTECTION AGAINST CONTAGIOUS DISEASES, Many years ago it usually happened that when some con- tagious disease broke out in a community it spread rapidly from family to family. This was known as an epidemic. In the case of the more dangerous diseases, such as small- pox, diphtheria, scarlet fever, and typhoid fever, many per- sons would die during these epidemics. There were alsa epidemics of less dangerous diseases, such as whooping-cough, chicken pox, measles, and grip. Now the chief reason why most of these diseases spread with such rapidity was that no effort was made to prevent well persons from coming in con- tact with those who were ill. It is now well recognized that it is the duty of the government to take precautions to pre- vent the spread of contagious diseases. For example, the requirement that school children shall be vaccinated is a pre- caution that is taken to prevent the spread of the most dan- gerous of all of these diseases — smallpox. But the govern- ment must also exercise control over the persons who are so unfortunate as to contract contagious diseases. The attempt is made to prevent well persons from coming in contact with these unfortunates. To this end the government forbids well persons to enter a house in which one of these diseases pre- vails, and signs of warning are often required to be posted conspicuously upon such a house. The children of the family, if they have been exposed to the disease, are prevented from attending school. After the disease is over the government often requires that the premises shall be thoroughly fumi- gated. In the case of very dangerous diseases, such as small- pox, the government often provides a special hospital and 23 24 GOVERNMENT AND POLITICS IN VIRGINIA requires that the patient shall be removed to this carefully guarded institution. It is not easy to enforce regulations of this kind and people often object to the restrictions that are imposed upon them. When we compare, however, the infrequency with which wide- spread epidemics now occur with their great frequency in the past, we realize the necessity of control by the government, and we ought to be perfectly willing to comply with those requirements which are made of us. The danger from the spread of contagious diseases in cities is naturally greater than it is in farming communities. This is due to the fact that people in cities live so much closer to- gether. In cities, therefore, the government enforces quaran- tine regulations with greater strictness than elsewhere. PROTECTION A GA INST IMP URE WA TER. I n farm- ing communities the water that is needed by each family is almost in\'ariably secured from a private well. The gov- ernment cannot undertake to protect all of these many wells against impurities. Individuals themselves should, however, exercise great care in this matter. For instance, a person should never be so foolish as to place a well in a position where the filth and refuse from a stable will drain toward the well. It is now an established fact that certain diseases, such, for example, as typhoid fever, are more often than not caused by impurities in water that is used for drinking. A person who is not careful in properly locating and covering his well puts himself and his family in constant danger. In the cities, where water is almost invariably supplied to the homes of the people through pipes and mains that are laid under the streets and connected with the houses, the govern- ment itself is responsible for the purity of the water. Some- times a city can secure its water from a source which contains no impurities. Occasionally, however, it is necessary for the government to instal a plant to purify the water before it is distributed to the people. These plants are commonly THE HEALTH OF THE PEOPLE 25 known as filtration plants. In cities also the government has to be careful not to discharge the sewage which is taken from the homes of the people in any place that is likely to endanger the purity of the drinking water either of that city or of some neighboring city. In many cities the annual number of cases of typhoid fever has been greatly reduced by changing the place of the disposal of sewage. - k -• ._,,.Sai*^'^*' - _ '"-WM r .^ ^K ...^ m^^ ^r^^^^S&l tm ■W " ^ '.' ■ —— -.-I-35-- " _^ '-- -'-' ■'T"t5B' ■ -v^- -| r ■ rgv .: '.-.-^.^s -^ — — =J — I \§m: T THE SETTLING BASIN NEAR RICHMOND Here the muddy water of the James River is cleared before being distributed to the homes of the people PROTECTION AGAINST IMPURE MILK AND FOODS. For the most part there is really no reason why the people who live in farming communities should run any great risk of endangering their health by the use of milk and foods .that are impure. With the people of cities, however, it is quite otherwise. They are dependent upon others to supply them with these things. Unless the government undertakes 26 GOVERNMENT AND POLITICS IN VIRGINIA to protect them, they are more or less helpless to protect them- selves. For example, those who furnish them with milk may have diluted it with water or may have used injurious chemicals to prevent the milk from spoiling. Moreover, the milk may have been handled in unclean dairies. It is possible, also, to handle meats and vegetables in such a way that they are not actually fit to be used as foods. Again, a considerable part of the foods that are used by the people are now supplied to them in cans and in sealed packages; and it is often im- possible to tell the quality and cleanliness of such foods by merely looking at them. The government attempts in many ways to regulate the quality of the milk and the foods that are sold to the people of the state. It provides inspection for dairies, creameries, stables, and cows. Its officers inspect also such places as restaurants, bakeries, meat markets, and slaughter houses. Samples of canned and package foods are collected and analyzed. E\"en feeds for stock are examined by officers of the government. PROTECTION AGAINST UNTRAINED PHYSI- CIANS AND PHARMACISTS. When a person becomes ill it is usually necessary for him to have proper medicines and medical attention. It is easy to see the danger that would arise if everyone who wished to become a physician or pharma- cist were permitted to do so. Ignorant persons would be con- stantly furnishing medicine to those who are in need of trained assistance. In order to provide against this danger the gov- ernment requires that every person who wishes to practise medicine or pharmacy shall pass certain examinations to pro\e his knowledge and ability. PROTECTION AGAINST INTOXICA TING LIQUORS. The use of intoxicating liquors is today recognized to be dangerous to the health of those who use them, as well as pro- ductive of other unhappy consequences. For a long time the government has undertaken to regulate the sale of in- toxicating liquors to some extent. Formerly in Virginia THE HEALTH OF THE PEOPLE 27 each community was permitted to decide by a vote of its people whether liquors should or should not be sold in the community. More recently, however, the people of Virginia voted that no liquor should be sold in the state. On Novem- ber 1, 1916, all saloons were closed. After the United States entered the World War in 1917, the sale of liquor was pro- hibited throughout the country as a war measure. And in January, 1920, national prohibition became permanent. A COTTON MILL AT DANVILLE, VIRGINIA Showing a modern factory built with due regard for light, air-space, ventilation and attractive appearance SPECIAL PROTECTION OF THE HEALTH OF PER- SONS EMPLO YED IN IND USTR Y. I n \^irginia the gov- ernment has taken certain steps looking to the protection of the health of persons who labor in factories, mines, and other industries. For example, the government has limited the number of hours per day during which women, and children under sixteen years of age, may be employed. The employ- 28 GOVERNMENT AND POLITICS IN VIRGINIA ment in certain industries of children under fourteen has been prohibited entirely. Employers are also required to pro- vide proper light, ventilation, and sanitary arrangements in their cstalilishmcnts. The government regulates matters of this kind because those who are employed are often unable to protect themselves against employers who, either from in- difference or because of their unwillingness to spend a little money, require those who work for them to labor in unhealth- A DUMP ON THE OUTSKIRTS OF A CITY Where ashes and rubbish are used to fill up a ravine ful surroundings. The government has also established a plan under which employers are required to pay compensation for injuries to workmen and for deaths that result from acci- dents in industry. In these and other ways does the govern- ment afford protection to industrial laborers. ADDITIONAL PROTECTION OF HEALTH IN CITIES. In many ways the government is compelled to take special precautions for the protection of the health of those who live in cities. The streets must be cleaned and in THE HEALTH OF THE PEOPLE 2^ the summer time they must be watered to keep down the dust. Sewers must be provided to carry the rain water off the streets. Garbage and refuse must be carted away from the homes of the people. A sewer system must be provided in order that sewage may be carried from the homes of the people through mains and pipes laid under the streets. The government also often regulates and inspects the plumbing in houses, because diseases have often been traced to the gases- that are caused by bad connections with the sewer system. In cities, moreoever, the government will not permit a person to endanger the health of others by maintaining what is. known as a nuisance. For example, a person cannot keep hi& stable in a filthy condition. Nor can he maintain a slaughter house or a fertilizer factory in a residence district. In numerous other ways does the government attempt to- promote and protect the health of the people who live in cities. As we have already had occasion to note, this is be- cause the people in cities live so close together that the acts- of one person are very apt to endanger the health of others, in a community. CLASS EXERCISES 1 . What means are provided in your school for the protection of health?' How is your schoolroom ventilated, and why? How is it heated? Is it- well lighted? Do the school authorities require you to be vaccinated? Where does your drinking water come from? When are children prevented from attending school on account of disease? Who prevents them, and why? 2. What measures does your city take to make the community more healthful? Is there a sewerage system? Are the streets kept clean? Are contagious diseases quarantined? What about the drinking water? The garbage? Find out, if you can, what measures are taken to protect- you against impure milk and foods. Are the dairies and creameries, slaughter houses, butcher shops and markets inspected by the government? 3. Why is the sale of intoxicating Liquors prohibited? 4. Ask some manufacturer what measures the government require* him to take to protect the health of his employes. CHAPTER V THE PROPERTY OF THE PEOPLE THE MEANING OF PROPERTY. It was pointed out in the first chapter that nearly everybody desires to earn money in order that he may purchase things which he needs to make him and his family comfortable. We all know that the land and houses in the community are owned by certain indi\iduals who have usually either earned money and bought this property or have inherited it from others. The land and houses are the property of the persons who own them; but they are not the only kind of property. People also own property that can be moved around, such as horses and cattle, clothing and jewelry, books and furniture. Indeed money itself is only a special kind of property, because, as everybody knows, we can exchange money for various kinds of property. Everybody who owns property has the right to be protected in it, and the government helps in many ways to furnish us w ith the protection which we need in this matter. PROTECTION OF LANDS AND BUILDINGS. Of course it is usually impossible for one person to steal the land or the house that belongs to another, for it is impossible to hide such things or to carry them away. Sometimes, how- ever, two or more persons each claim a certain piece of land or a certain house. The government assists in settling disputes of this kind by providing that whenever a piece of land is sold or given by one person to another, this fact shall be recorded in an office which the government provides. The property that is thus sold or transferred must be accurately described in this record which the government keeps. This system of recording transfers of land and houses does not always pre- vent disputes as to ownership; but if the government did not 30 THE PROPERTY OF THE PEOPLE 31 provide some such system, it is certain that such disputes would be far more numerous than they are. PROTECTION OF PROPERTY AGAINST ROBBERY. In every community there are usually a few people who have no regard for the property rights of others. They cannot ordinarily steal lands and buildings, but they can steal other forms of property; and they do not hesitate to do so whenever it is possible. The same officers that protect persons against the violence of others — the constables, the sheriff, and the police — are also required to protect property from thieves. A MOTOR HOOK-AND-LADDER TRUCK In spite of the watchfulness of these officers, and especially of the police in cities, and in spite of the fact that every person, whether in a city or in a farming community, has the right to protect his own property from burglars if he is able to do so, robberies are sometimes committed. The government then makes every effort to arrest the robber and bring him to punishment and i^ possible to restore the stolen goods to its owner. 32 GOVERNMENT AND POLITICS IN VIRGINIA It must not be thought that those who break into other peo- ple's houses are the only thieves that there are. Sometimes- men in high positions, who are greatly respected in the com- munity, yield to the temptation to steal money which happens to be in their care but which belongs to others. These men are even worse than common thieves, for they have usually had better opportunities and better training. The govern- ment, of course, provides for their punishment. PROTECTION OF PROPERTY AGAINST FIRE. It is the duty of every person to use precautions to prevent the starting of fires. In spite of such precautions, fires sometimes occur. In farming communities it is manifestly impossible for the government to provide any protection against fires. But in the larger cities the government establishes organized fire departments, with fire engines, hose wagons, and hook- and-Iadder wagons, and with a force of firemen to operate this apparatus. At various places throughout the city there are call boxes at which a fire alarm may be turned in. This notifies the fire department that a fire has started in a cer- tain section of the city. Immediately the firemen hasten to- the scene of the fire and use every effort to put it out. On the street corners there are plugs to which hose can be attached, and the fire engines pump strong streams of water that are thrown upon the burning building. In this way does the government seek to protect the property of the people from destruction by fires. An efficient fire department is very necessary in every city, for, since the houses are built close together, it might easily happen that a fire that started in one person's house would spread rapidly and destroy the property of many other persons. f-Tn villages and small cities the government itself does not often maintain a regular fire department. Instead of this, a number of men in the community usually band together in volunteer organizations. These organizations purchase hose and other equipment for the purpose of fighting fires. Such. THE PROPERTY OF THE PEOPLE 33 organizations should be heartily supported by the people of these communities, for they really take the place of the gov- ernment itself in performing this service. THE RIGHTS OF THE CO AIM UNITY IN THE PROP- ERTY OF INDIVIDUALS. In a general way we may do whatever we choose with our property so long as we obey the laws of the community. But, as we have seen, the govern- ment, in the interest of the entire community, regulates in a number of ways the uses to which we may put our property. AN ELECTRIC LINE RUNNING BETWEEN RICHMOND AND ASHLAND This is one of the many railways that are regulated by the government In farming communities, for example, the government often requires that the individual shall erect fences to prevent his cattle from straying on other people's land. In cities the government prevents a person from using his property for carrying on an objectionable business in the midst of the homes of the people. Frequently, also, the government pro- hibits the erection of a wooden building in the heart of the city in order to lessen the danger from fires. In most cities. 34 GOVERNMENT AND POLITICS IN VIRGINIA also, the government imposes certain regulations upon the con- struction of buildings in order to insure their safety. Again, if a person digs a hole upon his property close to a city street he is required to protect it so as not to endanger the lives of those who are using the street. In this and many other ways the government places restrictions upon the uses of private property. Further than this, the government reserves the right to take our property entirely from us whenever this property is needed for the community as a whole. If, for example, the government wishes tO open a road or a street through the property we own, or to construct a park or a school or other public building upon our property, the government has the power to take this property from us in case we refuse to sell it. In such instances the government is required to pay us a just amount of money for the property that is taken. This power of the government to take a man's property from him is called the power of eminent domain. The government often confers this power upon railroad companies so that individual owners of property may not, by refusing to sell, stand in the way of the building of a railroad. The government also takes property away from the people of the community in the form of the taxes, which must be col- lected for the support of the government. The individual who pays taxes receives compensation only in the form of the many things which the government does for the community as a whole. (See Chapter XVII.) SPECIAL RIGHTS OF THE COMMUNITY IN CER- TAIN KINDS OF PROPERTY. The people as a whole are peculiarly dependent upon some of the property that is owned by private persons. We as individuals are not often dependent in any unusual way upon the property which an- other person may own in a shoe store or a dry-goods store. If we cannot be suited at one such store we go to another, or "we order our snoes or our dry-goods from a distant city. But THE PROPERTY OF THE PEOPLE 35 when we desire to go on a journey, we are dependent upon the property which other persons own in a railroad; for there is often only one railroad that we can make use of. So also we are usually dependent in a peculiar way upon the property which other people own in a telephone or telegraph company. The people of cities are likewise dependent upon the property of street car companies, and of water, gas, and electric light companies; for more often than not there is only one company that supplies each of these services to the community. Now in some instances the government itself owns the water- works, the gas works, or the electric plant. But this is not always the case. Moreover, in no community in Virginia does the government own the railroads, the telephone and tele- graph services, or the street cars. These are owned by private persons who seek to make as much money as possible out of them. The government recognizes, however, that the people have a very special interest in the property that is used in these various services. It reserves the right, therefore, to regulate property of this kind in a special' way. Thus the government usually fixes the rates that may be charged by the persons who furnish these services and imposes many require- ments upon them in the interest of the comfort and con- venience of the public. The government cannot, however,^ deprive them of the right to earn a reasonable income from the property in which they have invested their money. '^HOW THE GOVERNMENT IMPROVES THE PROP- ERTY OF THE PEOPLE. It is, of course, the business of every person who owns property to do whatever he can to in- crease its value. To this end he should cultivate his property so as to make it as productive as possible. If he owns prop- erty in a city, he usually erects a building upon it, either for his own home or business, or with a view to renting the build- ing to some other person for profit. The government, how- ever, also does many things which increase the value of the property owned by individuals. When, for example, the 36 GOVERNMENT AND POLITICS IN VIRGINIA government constructs a road, or grades and paves a street, or lays out and beautifies a park, the adjacent property is often made more valuable by reason of this improvement. Be- cause of this fact the government sometimes requires the owners of the adjacent property to pay the whole or a part of the cost of such improvements. When the government makes charges of this kind against the owners of private property, these charges are known as "special assessments." If a per- son's property is increased in value because of some improve- ment undertaken by the government, it seems only fair and just that he should pay for that increase of value, even though the improvement is also of benefit to other people in the community. THE PROPERTY OF THE GOVERNMENT. In every community the government itself owns some of the property. Thus the rivers, most of the roads, and many of the bridges belong to the government. So also in cities the government owns the streets, the alleys, and the parks. Moreover, the government owns certain public buildings, such as school- houses, courthouses, jails and prisons, poorhouses, city halls, and public libraries. The property which the government owns really belongs to the entire community, for it is used for the benefit of all of the people. CLASS EXERCISES 1. Mention some of the property that you possess in the schoolroom. How docs this property help you? Mention some of the property owned by the school. How does this property assist you? Who supplies the school property? Are you protected in the possession of your books and pencils? Who protects you? 2. Is money property? Why? What business is your father engaged in? Why does he engage in business? Mention some of the property in your home. To whom does it belong? 3. Who owns the land in your community? How may one man trans- fer a piece of land to another? In case of dispute over the ownership of a piece of land, who settles it? THE PROPERTY OF THE PEOPLE 37 4. What means does your community afford for protection against burglaries? Who arrests the burglar and what is done with him? Why, do police patrol the city streets? \\'hy are streets lighted? Why is there no patrol in the country districts? How is the police force organized? 5. Find out what you can about the fire department in your com- munity. What is its purpose? Who supports it? Have you ever seen a large fire? How is an alarm turned in? Explain how the department operates. Why are there no fire departments in farming communities? 6. What are some of the ways in which the government restricts us in the use of our property? Why are these restrictions imposed? 7. Why does the government impose special restrictions upon the i)er- sons who own the railways, and the telegraph, telephone, water, gas, and electric light services? 8. Do you remember a road or street ever being opened in your com- munity across some man's property? Or do you remember a school- house or other public building ever being built? If you do not know of any such instance, perhaps your parents or teacher can tell you of one. Who opened this road or street? Or who built this building? How did the government get the property? V/as the former owner justly paid? What is this power of the government to take property called? 9. What property does the government own in your community? How- did the government get it? Why is this property owned by the govern- ment? 459971 CHAPTER VI THE FARMS OF THE PEOPLE PROMOTION OF AGRICULTURAL INTERESTS. In view of the fact that so large a part of the people of Virginia live in farming communities, it is not surprising that the gov- ernment should undertake to assist in developing the agri cultural interests of the people. In rnany wa>^ the govern- ment endeavors to extend protection to farmers and to fur- nish them with much valuable information and assistance. INSPECTION OF FERTILIZERS. Every farmer is dependent upon good fertilizers. It is not always possible, however, for the farmer to tell whether the fertilizer that is offered to him contains the things that his soil needs or the things that are claimed for it by the fertilizer manufacturer. This requires a chemical analysis which the farmer is not often able to make. In order to protect farmers against dishonesty in the matter of fertilizers the government provides inspectors who secure samples of fertilizers in various parts of the state and forward them to Richmond for examination. The farmers themselves may also require that samples be sent on for examination. If upon examination the government finds that a sample does not come up to the claims of the manu- facturer, the manufacturer may be punished, and the farmer who has purchased any of the fertilizer in question may re- cover the amount that he paid out. SEED INSPECTION. The government requires that those who sell seed to farmers shall mark the packages con- taining the seeds so as to indicate their quality-. Any farmer may send to Richmond a sample of seeds which he is about to purchase and have them examined. Moreover, the officers of the government themselves take samples of seeds in various 38 I.* HENRICO ■1 iiT?'* GIRLS' CANNING CLUBS EXHIBIT AT THE STATE FAIR BOYS' CORN CLUB PRIZE WINNERS IN PITTSYLVANIA COUNTY 40 GOVERNMENT AND POLITICS IN VIRGINIA parts of the State and analyze them to discover impurities and weed seeds. PROTECTION AGAINST CROP PESTS. The govern- ment undertakes to furnish information to farmers on the subject of insects and other pests that attack orchard trees and crops. Inspectors are also appointed and are given the power to destroy any pest that is about to gain headway STATE LIME QUARRY, STAUNTON, VIRGINIA The agricultural lime taken from this quarry is sold to V'irginia farmers at cost in this or that farming community. The government also inspects and regulates the nurseries at which orchard trees are grown for sale. PROTECTION AGAINST DISEASES TO CATTLE. The government maintains at Blacksburg an officer known as the State Veterinarian whose duty it is to furnish informa- tion on the subject of diseases of cattle. He has the power to make inspections and in case he discovers an infectious dis- THE FARMS OF THE PEOPLE 41 ease he may establish a local quarantine to prevent the spread of the disease to other cattle in the community or to other parts of the state. The railroad companies are also required by the government to clean and disinfect cattle cars, in order to prevent the possible spread of cattle diseases. EXPERIMENTAL FARMS. At Blacksburg in connec- tion with the Virginia Polytechnic Institute there is main- tained what is known as the State Experiment Station. This station is used for the purpose of making investigations into the various kinds of seeds, fertilizers, soils, and methods of cultivation, in order that farmers may receive reliable informa- A FARMERS' INSTITUTE TRAIN tion and instruction upon these subjects. In addition to this important station, experiment stations are also conducted under government control at Appomattox, Axton, Bowling Green, Chatham, Louisa, Rustsberg, Saxe, Norfolk, and Staunton. A large amount of valuable information is gath- ered from the experiments that are conducted at these stations. This information is furnished to the farmers who are interested in improving their methods of cultivation. 42 GOVERNMENT AND POLITICS IN VIRGINIA AGRICULTURAL SCHOOLS. The Virginia Agricultural and Polytechnic Institute located at Blacksburg offers to the young men of Virginia the opportunity to secure a four-year college course in agriculture. It also conducts in the winter season a brief course of six weeks for practical farmers. This Institute is supported by the government. Teachers are also sent out from this Institute to conduct what are known as "movable schools of agriculture," which last from three to ten days, and to carry on demonstration work on experi- mental plots in all parts of the state. In the spring and autumn the government also sends lecturers on special trains throughout the state to address farmers on subjects of in- terest to them. In each of the ten congressional districts of the state the government maintains an agricultural and industrial depart- ment in at least one high school. The government also supervises "boys' corn clubs" and "girls' canning clubs" in connection with the work of the national Department of Agri- culture at Washington. CLASS EXERCISES 1 . If you live in a farming community find out how the farmers know that the fertilizer which they buy has been inspected by the government. Find out whether the farmers in your conmumity ever have the seeds which they purchase examined by the government. If so, find out what has been the result of these examinations. 2. Has there ever been an ejndeniic of disease among cattle in your community? If so, what did the government do to prevent the spread of such disease? 3. If there is an agricultural experiment station near you find out, if you can, what work it is doing. Has there ever been in your community a movable school of agriculture or a farmers' institute train? Or has the government carried on any demonstration work? If so, find out, if you can, about these activities of the government. CHAPTER VII THE SCHOOLS OF THE PEOPLE THE REASON FOR PUBLIC SCHOOLS. Back in the year 1671 Governor Berkeley of Virginia wrote: "I thank God there are no free schools or printirig presses and I hope we shall not have any these hundred years." What did he mean by this astounding remark? He meant simply this — that people can be subjected to tyranny and oppression by the government only when they are kept ignorant. Whenever people begin to read and study and to think for themselves, they begin to understand that they have certain rights which have to be protected. They then realize that they are capable of governing themselves and of determining, through the gov- ernment which they themselves establish, what right sthey wish to enjoy as individuals, and what services their government shall provide for the community as a whole. THE HISTORY OF THE PUBLIC SCHOOLS IN VIR- GINIA . Of all the statesmen who helped to found the Ameri- can nation, Thomas Jefferson had perhaps the greatest faith in the ability of the people to govern themselves. He realized, however, that it was absolutely necessary that the masses of the people should be provided with means by which they might improve their intelligence. He early proposed, there- fore, that both primary and high schools should be established by the government throughout the State of Virginia, and that a university should also be established at the top of this system of free education. His plan was never fully carried out. As early as 1808 a sum of money known as the Literary Fund was set aside by the government of Virginia for the edu- cation of the poor children of the state. It was not a large fund, and the people for many years regarded it as a public 43 44 GOVERNMENT AND POLITICS IN VIRGINIA charity. Even when they were too poor to pay for the edu- cation of their children, many of them were too proud to accept the help of the government. With the money from this fund, however, as well as with money contributed by private persons, many schools were established in Virginia. These schools were known as "free" schools because children could attend them without the payment of tuition. It was only after the War Between the States that a real system of public education was established in Virginia. The SUFFOLK CITY HIGH SCHOOL A splendid modern school building old free schools that existed in various parts of the state were made a part of the present system when it was first established in the year 1870. The northern states were far in advance of Virginia and the other southern states in establishing public school systems. There were two principal reasons for this. In the first place, the people of the northern states settled for the most part on small farms in communities that were known as towns, or THE SCHOOLS OF THE PEOPLE 45 townships. They Hvcd fairly close together, and it was comparatively easy for the children to attend the schools that were provided. In Virginia, however, the people settled for the most part on large plantations, and these were widely scattered over the state. Even if the government had, in early days, attempted to establish schools, it would have been difficult for the children in the outlying districts to attend them. This was one of the reasons, then, why the establish- CHESTERFIELD COUNTY SCHOOL BOARD AT LUNCHEON Served by the domesf'c science class of the Chester Agricultural High School ment of systems of public education was so long delayed in the South. In the second place, there was in Virginia and the rest of the South a large population of negro slaves. This fact caused society to be divided into three classes. There was, first, the wealthy class of land owners and slave owners, to- gether 'A^'th the professional men of the state, such as min- 46 GOVERNMENT AND POLITICS IN VIRGINIA isters, lawyers, physicians, and office-holders. Next, there was a class of poor white people consisting of mechanics, artisans, and laborers. Last, there was the slave population. Now the government of Virginia was almost exclusively in the hands of the wealthy class. The people of this class had money and the opportunity to provide education for their children by other means than at the expense of the public. They did not, therefore, see the necessity for general public education in order that all the people might share in the con- duct of the government. In the northern states, on the other A "CONSOLIDATED" SCHOOL IN HENRICO COUNTY Showing school wagons for the transportation of pupils hand, there were few negro slaves, and society was not divided so strictly into classes. This, then, was another reason why the people of the South failed to establish systems of education at an early date. PRIVATE AND PUBLIC EDUCATION. We have long since ceased to regard the public schools as a charity established by the government. It is true that some persons continue to pay for the education of their children at private THE SCHOOLS OF THE PEOPLE 47 schools. But many persons who can afford to pay for the education of their children nevertheless prefer to send them to the schools provided by the government. It is for each family to decide whether the children of the family shall re- ceive their education at a public or at a private school. The public schools are open to the children of the community re- gardless of whether their parents can afford to pay for their education or not. It is simply a fact that in Virginia, as well as throughout the United States, the vast majority of chil- dren attend public rather than private schools. LOUISA GRADED AND HIGH SCHOOL It is the duty of every family to see that the children are sent to school, even though they may sometimes be needed at home. Indeed, with some exceptions, the government abso- lutely requires that children of a certain age shall attend some school, either public or private. Laws of this kind are, how- ever, very difficult to enforce. As a matter of fact, such laws ought not to be necessary. The duty of parents in this matter is so clear that the government ought not to be under obliga- tion to compel them to fulfill this duty. 48 GOVERNMENT AND POLITICS IN VIRGINIA THE IMPROVEMENT OF THE P UBLIC SCHOOLS. The building up of an adequate school system by the government is no small undertaking. Year by year the schools of Virginia are being improved in many ways. It is the intention of the government to place within easy reach of every child in the state a well equipped graded school and to establish in each county at least one high school. But the government faces many difficulties in accomplishing this object. In the first place, the necessary money is not always easy to secure. Some communities are very poor. The people object to giving ^ntn 1 w^ imwm\ THREE-ROOM GRADED SCHOOL FOR COLORED PUPILS, NOTTOWAY COUNTY a great deal of money for the establishment and support of schools. In the second place, the children who live in farm- ing communities are often widely scattered. In order for ever\- child to have a school in his immediate neighborhood it would be necessary to provide a very large number of small schools with poorly paid teachers. In recent years the gov- ernment has discontinued many small schools and established in their place a single conso'idated school. The government has then provided school wagons for the purpose of carrying THE SCHOOLS OF THE PEOPLE 49 the children to and from their homes. These consolidated schools are usually far superior to the small schools which they replace. Another difficulty which the government has to face in the development of a system of schools is due to the fact that our population is divided into two races. There must be separate schools for each race, and the expense of maintaining schools is thus greatly increased. OUTDOOR CANNING DEMONSTRATION Summer Normal School, Harrisonburg, Virginia In spite of these and other difficulties which the government faces, a great deal has been accomplished in the way of de- veloping the public schools of Virginia. The responsibility for supporting the schools rests largely upon the people of each community. These people should take interest and pride in the proper development of their schools. The gov- ernment of the state as a whole, however, recognizes that it must assist in building up the school system. Jt therefore 50 GOVERNMENT AND POLITICS IN VIRGINIA appropriates a part of the money that is needed for the main tenance of schools. It is unnecessary at this point to de- scribe how the school system is organized and governed. It is sufficient to remark that in very many ways the govern- ment attempts to arouse the interest of the people in public education and exerts its constant influence for the improve- ment of school conditions. UNIVERSITY OFVIRGINIA View of the "Lawn," looking toward the library THE SCHOOLS IN CITIES. In cities the schools are usually better equipped than they are in farming communities. This is due in part to the fact that the property in cities is more valuable than it is in farming communities and there are more wealthy people. It is easier, therefore, to get money for the support of the schools. Moreover, because of the larger number of children who live close together, it is less difficult to establish schools within walking distance of the THE SCHOOLS OF THE PEOPLE 51 children. In every city it is possible also to maintain at least one high school. GOVERNMENT ASSISTANCE FOR HIGHER EDU- CATION. In addition to the common schools and high schools, the government of Virginia makes some provision for higher education in colleges, institutes, and universities. The L^niversity of Virginia at Charlottesville was established in 1818, through the efforts of Thomas Jefferson, and was formally opened in 1825. Every boy in Virginia can secure A VACATION SUMMER SCHOOL at this University his college education without the payment of any tuition. At Farmville, Harrisonburg, Fredericksburg, and Radford the government maintains normal schools for the education of women who expect to become teachers. The government lends its support also to the Virginia Military Institute founded at Lexington in 1839, the Virginia Poly- technic Institute founded at Blacksburg in 1872, William and Mary College founded at WiUiamsburg in 1693, and the Medi- cal College of Virginia at Richmond.' The government also 52 GOVERNMENT AND POLITICS IN VIRGINIA maintains for the colored teachers a normal and indui-trial school at Petersburg. For the education of the deaf and the blind the government has established a school for white people at Staunton and one for colored people at Newport News. THE SCnOOLIIOUSE AND THE COMMUNITY. It seems unnecessary to dwell upon the advantages which we as individuals derive from the schools. The training which *^ . ■»t» ?i ii iif *>Mj J STUDENTS OF VIRGINIA POLYTECHNIC INSTITUTE In charge of prize dairy cows pupils receive in the schools and the knowledge which they acquire assist them in countless ways toward making a success of their lives. The schools increase our usefulness to our- selves, our families, and the community in which we live. People do not always realize that the prosperity of a par- ticular community is often advanced by a good school. It is a fact, however, that when families with children desire to THE SCHOOLS OF THE PEOPLE 53 move from one community to another, they are often very particular to inquire about the school facihties. They realize how desirable it is that their children should have the oppor- tunity of attending an up-to-date school; and they are un- willing to make their home in any place where this opportunity is denied to them. In recent years a movement has been going on in many com- munities to use the schoolhouses not only for the teaching of •children but also for other community or neighborhood pur- HANDLEY PUBLIC LIBRARY AT WINCHESTER, VA. poses. Since the schoolhouse belongs to the community, there is really no reason why the grown people of the com- munity should not use it (outside of school hours) for club meetings, lectures, and other community gatherings or enter- tainments. In some communities the schoolhouse has become -a center in which various community activities are carried on ; 54 GOVERNMENT AND POLITICS IN VIRGINIA and this is as it should be. In a few cities in the country the experiment has been tried with success of using the school- houses for polling places on election days — that is, places at which the voters of the community may go to cast their votes for candidates who are seeking to become officers of the gov- ernment. It is probable that in the course of time many schoolhouses will be constructed with a view to their being used for numerous community purposes in addition to teach- ing. LIBRARIES. In Richmond there is a large library owned and supported by the government of the state. This library has certain collections of books known as "traveling libraries," which are sent to various parts of the state for temporary use. Many of our schools have established small libraries to be used in connection with school work. In a few cities also the government has established free public libraries. In Norfolk, for example, the building for such a library was given by Mr. Andrew Carnegie, and the library is supported at the expense of the city. Of course it is very nearly impossible for the gov- ernment to establish numerous public libraries in farming communities, but the time will doubtless com.e when prac- tically every city and village community will have at least one public library, where the people may, without the payment of any fee, secure books and magazines for limited periods of time. CLASS EXERCISES 1. What evidences are there in your community that the government is heli)ing the people to attain knowledge? Are there public schools? Is there a public library? Is there a high school? A public institution of higher learning? Have j'ou ever seen a traveling library? 2. Explain how your life in the school corresponds to life in your com- munity. What constitutes the school government? Who makes and who enforces the laws? Do you see how your school training will help to make Vou a better citizen? In what way? THE SCHOOLS OF THE PEOPLE 55 3. Do the people in Virginia govern themselves? What kind of gov- ernment is this called? Why is education necessary for people who govern themselves? What were Thomas Jefferson's \news about this? 4. What are some of the reasons why public education did not develop in Virginia before the war? Why did it develop in New England? 5. Tell what you know of the school system of your community. If there is no high school near you, are the people talking of building one? Who is your county or city superintendent? What are the duties of the school board? Do you know any of its members? 6. Is your school a graded or an imgraded school? Have any schools in your county been consolidated? How are the pupils brought to the school? Why were the schools consolidated? If you are a pupil in a consolidated school, what are some of the advantages you now enjoy which you did not have before? 7. Who builds and pays for the support of public schools? Why does the government do this? Suppose the government did not provide schools, are there not many children who would be deprived of an education? 8. In what ways does the family assist in education? What duty in this respect do parents owe their children? What duty in this respect do you as pupils owe to yourselves, your families, and your community? 9. Is your schoolhouse used for any community purpose after school hours? Can you think of any purpose it could be used for? A RURAL SCHOOL BASE BALL TEAM CHAPTER VIII THE ROADS, STREETS, AND PARKS OF THE PEOPLE THE NECESSITY FOR GOOD ROADS. In 1790, when Thomas Jefferson arrived in New York to take his position as Secretary of State under the newly formed government of the United States, he wrote as follows to a friend whom he had left in Virginia: "I arrived here on the 21st inst., after as laborious a journey of a fortnight as I ever went through; resting only one day at Alexandria, and another day at Balti- more. I found my carriage and horses at Alexandria, but a snow eighteen inches deep falling the same night, I saw the impossibility of getting on in my carriage, so I left it there, to be sent to me by water, and had my horses led on to this place [New York], taking my passage in the stage, however relieving myself a little sometimes by mounting my horse. The roads through the whole way were so bad that we could never get more than 3 miles an hour, sometimes not more than 2, and in the night but 1." In this day of speeding railway trains and other con- veniences for swift transportation, we can scarcely appreciate the difficulties and discomforts of travel in those early days. Thomas Jefferson took fourteen days to make a trip from Richmond to New York — a journey which we now make in about half as many hours. The problem of building and maintaining good roads is one in which practically everybody has a direct or indirect in- terest. In farming communities this interest is too obvious to require mention. Recently many people who live in cities have become directly interested in the country roads because the automobile is now so extensively used. Aside from this, however, the people of cities should not forget that they are 56 ROADS, STREETS, AND PARKS 57 ■dependent upon the farmers both for their food and for the raw materials which they use in their factories. Although it is true that most of the food and raw materials are carried to the cities by railroad or by boat, it is also true that the vast majority of these products have to be hauled over country roads before they reach the railway depots and the steamboat wharves. THE GOVERNMENT AND THE ROADS. In Jeffer- son's time it was the usual custom for the large planters to build such roads as they needed. At best these roads were of very crude construction. If they were used by others, a toll was charged. Sometimes, also, private companies, usually known as turnpike companies, were organized to con- struct and maintain roads. These companies went into this business for the purpose of making money. They invariably collected tolls of every person who used the road or roads which they owned. Long ago, however, it became evident that the government itself would have to undertake the construction of roads for the benefit of all the people of the community. Even after the counties of Mrginia began to build roads, they usually defrayed all or a part of the expense of construction and maintenance by charging tolls. This toll system is still followed in some parts of the state, and there are still some private roads. Another plan, adopted at a later date in Virginia, was that •of requiring every able-bodied man who resided outside of a •city or village to work on the roads two days in every year. If he did not wish to perform this work, he could pay the government a sum of money equal to a laborer's wages for two days. This plan, which existed in Virginia for many years, was not a great success. Some people have the idea that anybody can construct a road. In point of fact the build- ing of a good road requires the skill of a trained engineer. Most farmers do not possess this training. 58 GOVERXMENT AND POLITICS IX VIRGINIA Provision is now made by which the government of Vir- tjinia furnishes a competent road engineer to any county that desires to improve its roads. The government also furnishes a force of laborers made up of convicts from the state peni- tentiary. The state government also appropriates consider- able amounts every year to assist the counties in constructing an approved system of county roads. Where the state gov- ernment lends this assistance, it pays half the expenses of construction. The counties pay the other half. AN UNIMPROVED ROAD IN Sl'OTTSYLVANIA COUNTY, VIRGINIA In 1918 there was established a "state highway system,"' consisting of a number of important routes for roads. Many of these roads run entirely across the state, as from Washing- ton to the North Carolina line, or from Virginia Beach to the West Virginia line. These roads are being constructed by the state government. They are paid for in part by the state government and in part by the national government. For Virginia, like the other states, receives federal aid for road ROADS, STREETS, AND PARKS 59 construction. Convict labor is also used on these state high- ways. These roads, when completed, will form a splendid system of through highways. THE APPEARANCE OF THE ROADS. The govern- ment cannot often undertake anything more than the laying down of the roadbed itself. But the individuals who live in farming communities can themselves do many things to im- prove the appearance of the roads. For one thing they can SAME ROAD AS SHOWN ON OPPOSITE PAGE, AFTER IMPROVEMENT and should keep the weeds cut down along the roadsides. •When they are clearing out woods to secure land for cultiva- tion, they should always leave trees standing at the road's edge. Indeed the owners of farms could often plant trees along hot and dreary roads with excellent results to their community and with comparatively little expense and trouble to themselves. Many farms could be greatly improved in appearance by the planting of vines to cover unsightly fences. It seems needless to say, moreover, that well-painted houses 60 GOVERNMENT AND POLITICS IN VIRGINIA and barns, neatly kept barn-yards, a bit of well ordered lawn,, and a few trees and flowers contribute not only to the happi- ness of the family but also to the general appearance of the community. Some of these things, which add to the attractiveness of the farm community, must of course be neglected at times because of the lack of money. But many of them cost noth- ing more than a little thought and a little time. When they are not attended to, it is merely because of thoughtlessness AN ILL-KEPT ROAD Showing weeds cut from the sides but not removed from the roadbed or indifference. Naturally the government does not compel us to improve the appearance of our property. We can let it remain as shabby as we choose. But everybody ought to realize that, aside from his own pleasure, he has a real duty toward his community in respect to this matter. There are probably few if any communities in the entire state of Virginia that could not be made vastly more attractive places to live ROADS, STREETS, AND PARKS 6t in, if every body would do for his own property only so much as might reasonably be expected of him. The schoolhouses themselves are usually built close to some road, and it is not too much to say that they are sometimes shamefully neglected. Even if the school building is a homely one, its appearance can be greatly improved by the planting of a few trees and shrubs and flowers. With a little direction from teachers and parents, the pupils of any school can do A WELL-KEPT ROAD Notice how the appearance of this road is improved by trees much to improve the appearance of their schoolhouse. Espe- cially can they assist by refraining from injury to the school property, by keeping the grounds free from litter and rubbish, and by refusing to place unsightly pictures and writings on walls and fences. The appearance of the schoolhouse and grounds, no matter how simple and plain they may be, ought <52 GOVERNMENT AND POLITICS IN VIRGINIA to be a matter of individual interest and pride to every person in the community. THE GOVERNMENT AND THE CITY STREETS. In cities the government has many obligations toward the streets. In the first place, the streets are either laid out by the government itself or, if laid out by some private person upon his own property, they must be approved by the gov- ernment. Formerly the government was very careless in ■determining where and how the streets should run. In con- sequence the streets of some cities are very badly and in- conveniently arranged. In recent years many cities have been giving careful study to this matter. They cannot in most instances make many changes in existing streets, for this is a costly undertaking. But they are determined that, as the city grows, new streets shall be opened up in accordance with a carefully designed scheme or plan. This has come to be known as "city planning." v. In the second place, the government undertakes to pave the streets. The sidewalks are usually paved with bricks or with concrete made of crushed stone, sand, and cement. Many of the roadways of the streets are also paved, either with stone blocks, or with brick, or with asphalt, which is a hard substance commonly made of tar, lime, and sand. In selecting the pavement for a street roadway the government usually considers the kind of traffic for which the street is used. In residential streets sheet asphalt or asphalt blocks have become the most popular paving ; but in parts of the busi- ness district, where the streets are used chiefly by heavy wagons and trucks, stone blocks are commonly used. In all cases culverts are provided at the corners so that the streets may be drained of rain water. e In the third place, the government permits the streets to be used for other purposes than walking or driving, which is of course their chief use. Mains and pipes are laid beneath the surface of the streets in order that water and gas may be fur- ROADS, STREETS, AND PARKS 63 nished to the inhabitants of the city, and in order that sewage may be carried off from their homes. The government also permits street car companies to lay tracks on certain of the streets, while telephone and telegraph and electric lighting companies are allowed to erect poles and string wires along the streets. As we have seen, however, the government reserves the right to regulate the business of these companies in return for the special privileges they enjoy, and it usually also makes them pay for the use which they make of the streets. A CONVICT ROAD CAMP In such camps are state convicts housed while they are engaged in road con- struction THE APPEARANCE OF THE STREETS. Just as it is the duty of the people who live in farming communities to improve the appearance of their property along the roads, so it is the duty of city residents to improve their property along the streets and thus add to the appearance of their neighbor- hoods. Whenever a person improves the appearance of his 64 GOVERNMENT AND POLITICS IN VIRGINIA own home or yard, he serves not only himself but also his community. The streets belong to everybody; it is, there- fore, the duty of everybody to assist at all times in keeping- them clean. This is true also of the parks. The person who scatters papers and other rubbish in the streets and parks of a city simply ignores a plain duty which he owes to other people who reside in the community with him. In many cities the government provides trash boxes on street corners and in the parks, and the persons who do not use these boxes have no excuse for throwing rubbish elsewhere. In cities the government itself finds it possible to do many things to increase the attractiveness of the streets. The paving of streets has already been mentioned. In addition to this, the government undertakes to keep the roadways of streets clean. In some cities this is accomplished for the most part at night, in order not to interfere with traffic, and in order to save the people as much as possible from the incon- venience of dust, especially when street-sweeping wagons are used. The government also plants rows of 'trees along the side- walks of many streets. Occasionally the roadway of a wide street is divided so that grass plots and trees may be planted in the center of the street. In recent years, also, cities have been giving a good deal of attention to the manner of lighting the streets. They have been careful to select light standards that are ornamental instead of unsightly. It is to be regretted that the streets in so many of our cities are spoiled by a net- work of telegraph, telephone, and trolley wires and by the numerous poles that are required to support these wires. Some of the larger cities in Virginia have already insisted that many wires should be put under the streets in what are known as conduits. The day will probably come when in all the larger cities the government will demand that all wires be placed underground. Even the overhead trolley wires will ROADS, STREETS, AND PARKS 65 give way to the more improved underground system, although this latter system is far more expensive to construct. THE GOVERNMENTS RESPONSIBILITY FOR THE STREETS. Not only does the government undertake to improve the streets in many ways, but it is also responsible for keeping them in a safe condition. Sometimes a street is temporarily closed for repairs or for excavations, and some- times when buildings are being erected or torn down, the street is partially obstructed. The government, however, prevents- A WELL-KEPT STREET TN V-ETERSBURG, VIRGINIA Observe, however, how the appearance of the street is marred by unsightly poles and wires people from placing unnecessary obstructions in the streets. Moreover, the government must see to it that the sidewalks and roadways of the streets are kept in sufficient repair to prevent accidents from happening to those who use them. If a person is injured as a result of the failure of the govern- ment to care for the streets, he has the right to sue the govern- ment and to recover a sum of money for the damage that he has suffered. <56 GOVERNMENT AND POLITICS IN VIRGINIA THE GOVERNMENT AND THE PARKS. The people who live in farming communities can usually live out of doors as much as they choose. But in cities, where the houses are built close together, the government sets apart certain open spaces for parks, in order that the people may secure rest and recreation free from the noise and dust and dangers of the streets. These parks are usually laid out with paths and grass plots; trees and flowers are planted; and monuments and fountains are erected. They not only add much to the ap- pearance of the city but are also of great benefit to the in- liabitants, especially during the hot months of the summer. Occasionally the government even provides band concerts for the pleasure of the people who use the parks. In recent years some cities have undertaken to provide special playgrounds for the children of the city. Children ■ought to play out of doors as much as possible, and it is well recognized that the streets are not the proper place for num- bers of children to gather for their play. These playgrounds are arranged so that various games may be played and are otherwise equipped for the amusement and athletic develop- ment of the young people of the community. Sometimes also the government provides for such playgrounds an instructor or director who supervises and assists the children in organiz- ing their play. CLASS EXERCISES 1. What means are afforded in your community for your getting to and from school? Describe the condition of the roads and streets over which you travel. Is your school building attractive? Are there any trees, shrubs, or flowers in the yard? Are the pupils careful to keep the building and yard clean? Can you think of some things that could easily be done to make your school more attractive? 2. If you live in a farming conununity, describe the condition of the various roads that you know about. Of what are they constructed? Are they in need of repair? Find out who is responsible for repairing the roads. Do you know of any road that has recently been repaired? How was it done? ROADS, STREETS, AND PARKS 67 3. Are there any toll roads in your community? Who owns them? Why was the method of having farmers work on the roads two days ia the year given up? 4. Has the state appropriated any money for road-building in your community? Has it furnished a supervising engineer? Has it furnished convicts from the state penitentiary? If the roads in your community are in need of repair, find out who is responsible for not securing this assistance which the state offers. Are the people of j-our community- unwilling to pay their share of the expense? 5. Select certain typical roads in your community and tell what you think could be done to improve their appearance and comfort? Are your schoolhouse and grounds an ornament or an eyesore to the com- munity? 6. If you live in a city or town, describe how the sidewalks are paved. Who paved them? Are thej' kept in good repair? Are the roadbeds of the streets paved? If so, what are they paved with and who paved them?" 7. What kind of trees are set out along the streets of your city? Are they satisfactory as shade trees? Are they ornamental? What can you. do to improve the appearance of the streets? S. AVhat are the names of the several parks in your city and where are they located? Draw a map of one of them that you are familiar with. Are the parks well kept? Why does the government establish and main- tain parks in cities? What use do the people make of them? 9. What uses are made of the streets of your city in addition to their use for walking and driving? Can you place any obstruction that j'ou choose in the streets? If you are injured as a result of some unnecessary obstruction or defect in the streets, have you any right against the gov- ernment? SECOND PART ORGANIZATION OF THE STATE AND LOCAL GOV- ERNMENTS CHAPTER TX THE CONSTITUTION OF THE STATE THE MEANING OF THE STATE CONSTITUTION. During the period of our history before the Revolutionary War, each of the thirteen colonies in America was under the control of the government of England. The colonies exer- cised only those rights and powers which the English govern- ment permitted. That government also determined very largely how the colonial laws should be made and in most of the colonies appointed the governor. Under this system the colonists actually enjoyed a large degree of self-government, for they were allowed to make most of the laws by which they were governed and to choose most of their governmental officers. When the Revolutionary War broke out, \'irginia was governed in this manner. The war, however, freed the colonies from the control of the mother country; and the people of each colony were forced to provide some other form of government. Lord Dunmore, the colonial Governor of Virginia, fled for his life; the House of Burgesses, the law- making body of the colony, dissolved itself; and the old gov- ernment passed away. Something had to be done, for the people could not exist without any government. And this is what happened. In May, 1776, a convention composed of 68 THE CONSTITUTION OF THE STATE 69 two delegates from each county in Virginia met at Williams- burg and drew up a document providing for a form of govern- ment very similar to that which had existed during the colonial period. This written document declared what officers should be chosen and how they should be chosen, what powers these officers should have, and who should make and administer the laws. This is what we mean by a constitution. It is a written document framed by delegates representing the people of the state and providing in outline the organization of the government. THE HISTORY OF VIRGINIA'S CONSTITUTIONS. There were naturally many defects in this first constitution of Virginia, framed as it was in great haste at the outbreak of our war for independence. It is marvelous indeed that it was strong enough to last fifty-four years. There were two chief defects in this constitution. In the first place, only men of considerable property could vote or hold office. As Thomas Jefferson ironically remarked, the government of Virginia was in the hands of those who were "distinguished by the luxury and ostentation of their establishments." In the sec- ond place, the people in the different parts of the state were not equally represented in the law-making body. In con- sequence, the}' did not enjoy an equal share in the management of their own government. Soon after the Revolutionary War adventurers began to push in large numbers across the Alleghany Mountains into what is now West Virginia, but was then an unsettled part of Virginia. This movement of population during the early years of the nineteenth century was very rapid. By 1815 two-fifths of the white population of Virginia lived on the other side of the mountains. They were for the most part poor pioneers. Few of them owned enough property to vote. There were few large plantations and few slaves. In fact, the whole character of these people differed from that of the land-owning inhabitants of the eastern part of the state. 70 GOVERNMENT AND POLITICS IN VIRGINIA Under the constitution of 1776 they had little share in the government. They were allowed to hold almost no offices, and they did not have a fair representation in the body which made laws for the state. For years the people of this western part of Virginia clamored for changes in the state constitution. But it was only after a long and bitter struggle that a convention finally met at Richmond in the winter of 1829-30 and drew up a new constitution. This second constitution did not prove very satisfactory, however, and in 1850-51 a third constitution was framed by a convention representing the people of the state. The constitution of 1851 lasted throughout the period of the War Between the States. It was during the terrible period of reconstruction, in December, 1867, that our fourth con- stitutional convention came together. It did not represent the people of Virginia. Its membership was composed al- most entirely of Northerners and of recently freed negroes. The constitution which they adopted was known as the "Underwood Constitution," taking its name from the presi- dent of the convention. It was by no means wholly bad, however, and the people of Virginia lived under it, with a few changes, for a period of more than thirty years. THE PRESENT CONSTITUTION OF VIRGINIA. In 1901-02 our fifth and last convention met and framed the constitution under which our government is at present or- ganized. The chief reforms which the people felt it was necessary to make were, first, a reduction in the number of officers in the state, and consequently in the expenses of the government; and second, the placing of new restrictions upon the right to vote. However, many other changes were also made. Our present constitution is a long document, covering many printed pages. The convention which framed it sat for twelve months fully and carefully considering the great work before them. The constitution provides in detail how the govern- THE CONSTITUTION OF THE STATE 71 ment shall be organized. It enumerates all the chief officers of the government and outlines their powers and duties. It determines who shall have the right to vote and hold the various offices. It provides also for the establishment of local governments in the different communities of the state. THE IMPORTANCE OF THE CONSTITUTION. The constitution is often spoken of as the ftmdamental law of the state. This is because it is superior in rank and importance to any other law. The constitution, as we shall see, provides for a legislature of the state and empowers this legislature to make laws. Moreover our various county and city govern- ments have the power to make local laws. But in making these laws the legislature and the local governments of the state must always consider the constitution. If they pass a law which violates any provision of the constitution, the courts, as we shall see, will simply declare that the thing which they have called a law is not in fact a law at all; and the courts will refuse to enforce it. For example, as we have seen, the government cannot deprive us of our freedom of speech and the press, except as we abuse this freedom and thus injure others. This is because the constitution says that "any citi- zen may speak freely, write and publish his sentiments on all subjects, being responsible for the abuse of that right." Now if the legislature should be so foolish as to enact a law pro- hibiting a person from publishing an ordinary newspaper, the courts would simply say that in spite of this law he could go ahead with the publication of his paper, This is merely a single illustration; for, as we have seen, we have many other personal and property rights which the government may not take away from us. This is because these rights are written down in the constitution; and neither the legislature nor any officer of the government can ignore or violate the constitution. It is higher than the government itself, and this is why it is called the fundamental law of the staie. 72 GOVERNMENT AND POLITICS IN VIRGINIA HO W THE CONSTIT UTION MA Y BE CHA NGED. So important is the constitution that it may be changed only by unusual procedure. The legislature of the state may indeed propose amendments to the constitution. But when any amendment has been proposed by one legislature, it must wait until a new legislature has been elected and must receive the approval of this new legislature. After that it must be submitted to the people themselves and the voters cast their ballots for or against the proposal. If a majority of the voters are in favor of the amendment thus proposed, it then becomes a part of the constitution. We have seen that we have had a number of constitutional conventions in Virginia. Whenever it seems desirable to have an entirely new constitution, the legislature asks the people to vote on the question of whether they wish a convention to be called for the purpose of revising the constitution. If a majority of the voters are in favor of calling such a conven- tion, the legislature then makes provision for its coming to- gether. CLASS EXERCISES 1. How were we governed in Virginia during the colonial i)eriod? Who determined our form of government? Were we permitted to make any of our laws? To choose any of our officers? How did the Revolutionary War change our situation? 2. Who determines our form of government to-day? How is this done? What is meant by a constitution? How many constitutions have we had in Virginia? How were these constitutions drawn up? 3. Explain how the constitution protects our Uberties. Against whom are they protected? How may the constitution be changed? Why may our law-makers not change it? 4. When was our present constitution framed? By whom was it framed? Find out, if you can, the names of some of the members of the convention of 1901-02. Who represented your county or city? CHAPTER X THE VOTES OF THE PEOPLE THE MEANING OF REPRESENTATIVE GOVERN- MENT. As we have seen, the government is really an or- ganization which lays down and enforces certain laws that the people must obey, and which undertakes many services for the benefit of the people. It would be manifestly im- possible for all the people of Virginia to come together and themselves make the laws for the entire state. Indeed it would be very inconvenient, if not impossible, for the people of an entire county or city to come together and enact the laws for their own community. The people of Virginia have solved this difficulty by establishing what is known as repre- sentative government. Instead of making the laws directly for themselves they choose certain representatives to do this for them. For example, the people of every county choose a group of representatives known as the board of supervisors. These representatives make laws for the county. The people of every city choose a group of representatives that are com- monly known as the city council. This council makes the laws for the city. The people of the entire state choose a group of representatives known as the General Assembly, and this body makes the laws for the entire state. In addition to these several groups who make the laws, the people choose other representatives to enforce the laws and to manage the various services which the government undertakes for the benefit of the people. The people control their government through these repre- sentatives whom they themselves elect. Perhaps the most important right that we as a people have is our right to vote for or against the persons who offer themselves as candidates 73 74 GOVERNMENT AND POLITICS IN VIRGINIA to represent us in the government. Our representatives are responsible to us for the kind of hiws they enact and for the manner in which they enforce these laws and carry on the various governmental services. If we are not satisfied with the way the government is being carried on, we have the right to turn our existing representatives out of office and to choose others in whom we have greater confidence. THE RIGHT TO VOTE. When we say that the people choose representatives to carry on the government for them, we do not mean that every person in each community has the right to vote. For many reasons this is not the case. For example, the children are not permitted to share in selecting the officers of the government. Formerly the women of Vir- ginia were not permitted to vote at elections. But in 1920 the right to vote was extended to women in all the states of the Union. Again, foreigners (that is, persons who have not yet become citizens of the United States), and citizens of other states who happen to be temporarily in Virginia at the time of an election, cannot cast votes. Moreover, we do not allow persons to vote in Virginia who cannot read and write. The more intelligent people of the state have concluded that a person who cannot even read and write, and who must in consequence be very ignorant of what is going on in the world, is not a fit person to help in choosing the officers of the gov- ernment. Finally, we exclude from the right to vote persons who are insane or who are paupers and have to be supported by the government, and persons who have been convicted of crime. It is clear, therefore, that many persons are denied the right to share in choosing the officers of the government. There are 2,309,187 people in the state of X-'irginia, but in the election held in 1920, at which Warren Gamaliel Harding was chosen President of the United States, only 231,001 votes were cast. This means that only one person out of every ten cast a vote. In 1921, when we elected a governor in \'irginia. thp: votes of the people 75 only 213.827 votes were vast. This means that only one per- son out of eleven cast a vote. It must not be understood that these numbers represent all of the persons who might have cast votes; for there were doubtless many persons who did not take advantage of their right to vote. These figures illustrate, however, how comparatively small is the number of persons who actually participate in selecting the officers of the government. QUALIFICATIONS FOR VOTING. We have just noted the various classes of persons who are not permitted to vote in X'irginia. The constitution itself determines who has the right to vote. It may be well,' therefore, to set down the list of qualifications which the constitution prescribes. In the first place, a person entitled to vote must be a man or woman who is a citizen of the United States (that is, one who was born in the United States or who, having been born abroad, has become a citizen of the United States by swearing away his allegiance to any other government) ; and one must be at least twenty-one years of age. In the second place, ou'^ must have resided in the state of Virginia for at least two years, and in the particular county or city in which one offers to vote, for at least one year. For voting purposes the various com- munities of the state are divided into precincts or election districts; and the law provides that a person who votes shall have resided in his precinct or election district for at least thirty days. In the third place, one who desires to vote must be registered. This means that one's name must be re- corded in what is known as a registration book. The law provides that in each election district there shall be an officer known as a registrar. On a certain day in May and another day in October of every year this officer sits at some con- venient place in the district to receive and record the names of those who are entitled to register. On these days any person whose name is not already registered and who expects to vote at the election must appear, and prove his qualifica- 76 GOVERNMENT AND POLITICS IN VIRGINIA tions, and have his name properly enrolled upon the book. Such a person may also register on any other day if the reg- istrar can be located. On the day of election only those are permitted to vote whose names are found in the registration book. In the fourth place, every resident of Virginia who is over twenty-one years of age is required to pay a yearly poll- tax of one dollar and fifty cents. No man or woman can vote at any election who has not j)aid poll-taxes for the three years preceding the election. This requirement in itself reduces the number of voters; for if one has, for one reason or another, neglected to pay one's poll-taxes for a few years, one is com- pelled to pay the sum of four dollars and fifty cents before one can be registered as a voter. One's own interest in, and duty toward, the government should prevent one's being subjected to tiiis penalty. In the fifth place, when one pre- sents oneself for registration, one is required to make applica- tion in one's own handwriting. If one cannot write, one cannot be registered and therefore cannot vote. These are the most important qualifications which, under the constitution, every man and woman must have in order to qualify as a voter. THE PLACES OF VOTING. As we shall see a little later, every county in Virginia is for certain purposes of gov- ernment divided into magisterial districts and every city into wards. Often these districts and wards are, for voting purposes, also divided into precincts, or election districts. In each precinct, or election district, there is one place, called a polling-place, at which the voters who live in tlie dis- trict may cast their votes at any election. In charge of these polling-places are certain election officers who are appointed in accordance with the law. These officers first examine the books and determine whether a person desiring to vote is properly registered. If the person's registration proves to be satisfactory, he or she is given a ballot and is permitted to cast a vote. thp: votes of the people 77 THE VOTING. In the early days of our history it was the custom, when a voter went to the polls, to read him the names of the candidates for office and to ask him which candidate he desired to vote for. Thereupon the voter would call the name of the candidate of his choice. Under such a system everybody knew how everybody else voted. The result was that men could not always vote with independence, because of what other people might think of them. They might be made to suffer in some way for voting as they thought best. Today, however, we have a wholly different system. It is usually impossible for anybody to know how anybody else \otes. When one goes to the polls, one is given a slip of paper called a ballot with the names of the different candidates printed on it. One then retires to a booth, where no one else is permitted, and with a pen one draws a line through the names of the candidates whom one opposes, leaving unscratched the name of the candidate of one's choice. One folds one's ballot and hands it to one of the election officers, who deposits it in a sealed ballot box. None of these ballots are examined until the election is closed. It is impossible for one voter to tell how any other voter has cast his ballot; for when the ballot box is opened, nobody can tell who cast this or that ballot. The election lasts for one day, from sunrise to sunset. At its close the ballot boxes are opened and the ballots are counted. The count, or return as it is called, is then sent to the county board or the city board appointed for that pur- pose, and these boards add up the returns from the various voting precincts. In case the election is for state officers, these local boards send their returns to the capital at Rich- mond, where the returns for the whole state are added and the result of the election is announced. INITIATIVE, REFERENDUM, AND RECALL. In Virginia the voters share in the conduct of the government chiefly by casting their ballots for the choice of officers of the government. Occasionally also the voter is called upon to 78 C.OVKRXMEXT AND POLITICS IN VIRGINIA vote for or against an amendment to the constitution. In some other states of the Union the voters are permitted to share more directly in the conduct of the government. For example, a group of voters may themselves draw up a pro- posed law and petition the government to have it passed. This is known as the "initiative." If the legislative body does not itself enact this law, it is comixlK-d to K't the voters decide by their own votes whetlier or not it shall be a law. Moreover, if the legislature passes a certain law, and some of the voters arc opposed to it, they may petition to have it submitted directly to the voters. This is known as the "referendum." which means a proposition referred to the voters. This plan of letting the voters share somewhat di- rectly in the making of laws has not been adopted in Virginia, •except, as we shall see, in one or two cities, where local laws may be enacted by the initiative and referendum. Another scheme by wliich the voters of some states control the officers of the government is known as the "recall." All of our elected officers are chosen for definite terms of office — for example, for a term of two or of four years. If we happen to choose an unsatisfactory officer, we usually have to wait until his term is ended before we can elect someone else in his place. Under the recall, however, if a group of voters are dissatisfied with any officer, they may petition to have him recalled before the end of his term. This means that a special election must be held, and the voters can then decide whether they will retain the officer in (lucstioii or put some other person in his place. THE DUTY OF THE VOTER. Unfortunately many men and women have the idea that it is beneath them "to dabble in politics." By their indifference they sometimes permit the affairs of the government to be directed by low political bosses and shrewd schemers who have only their own interests at heart. Nothing can be more hurtful to any com- munity than this attitude which some good people assume. THE VOTES OF THE PEOPLE 79 Of course it is impossible for everybody to enter politics. It is not even desirable. But everyone should be interested in all the undertakings of the government, and this means that everyone should be interested in what we call politics. We should keep ourselves thoroughly in touch with what the government is doing. We should try to learn which of two or more persons desiring a particular office is the most honest and the most capable. We should lend our influence in pri- vate conversation, and if need be in public, to keep bad men out of office. In every way possible we should further the best interests of our community through the government. Not only this, but the best people of the community should not hold themselves aloof from the service of the government. Nearly always there are plenty of persons who desire to be officers; but frequently none of them are the right sort for public office, and it is sometimes difficult to get better per- sons to see that it is their duty to serve. The great hope of any state is that its more intelligent men and women will be wide awake to every movement which concerns the welfare of their community and state, and that whenever it is possible they will use their influence to better the conditions of the government. THE DUTY OF THOSE WHO DO NOT VOTE. It is true, as we have seen, that some persons in \'irginia do not have the right to vote. But every man, woman, and child, whether he votes or not, should be interested in the govern- ment and contribute in every way that he can to promote the welfare of the community. Men and women, both as indi- viduals and in their charitable and other organizations, may often bring to the attention of the government matters that need to be attended to. The children can in many ways im- prove the conditions of the schools which the government provides. Indeed, our study thus far must have made it clear that the government cannot and does not undertake to do everything that the people of a community need. Much 80 GOVERNMENT AND POLITICS IN VIRGINIA is left to be done by individuals and by private associations of individuals, who may or may not be voters. Not only can these individuals and associations influence the govern- ment, but they can also do many things for the community which the government must of necessity leave undone. CLASS EXERCISES 1. What do we mean by democratic government? Would it be possible in your comnumity for the pooi)le to make their laws directly? How are the laws made? Who makes tlie laws for the whole state? What kind of government do we call this? ^^'hy? 2. Explain how a man or woman shares in the government by voting. Why do not children have this right? Foreigners" Citizens of other states? Insane peoi)le? 3. Why does the constitution require that a voter shall be able to write? Should an illiterate person l)e trusted to hold office? To choose officers? Why? 4. Mention all the ([ualifications for voters in ^■irginia. Take each of these qualifications separately, and tell whether you think it is necessary or unnecessary, and why. 5. Find out, if you can, how many magisterial districts there are in your county, or how many wards there are in your city. Find out. if you can, how many precincts or election districts there are in your magisterial district or ward. In what precinct or election district do you live? Find out where the voting i)lace of your precinct or election district was located at the last election. 6. Explain the old method of voting. Explain how the votes are cast to-day. What was accomplished by the change from the old method? What is the ballot? The ballot box? 7. What is meant by the initiative? The referendum? The recall? 8. Explain how it is the duty of every person to be interested in politics. To whom does the government belong? Explain how the government is a part of us. What is our duty toward it? How will we suffer if we fail in this duty? 9. Mention some of the ways in which those who do not vote may in- fluence and assist the government. CHAPTER XI POLITICAL PARTIES THE MEA NING OF POLI TIC A L PAR TIES. I n every country in which the government is estabHshed and main- tained by the votes of the people, it invariably happens that organizations of the voters, known as political parties, develop. There are always differences of opinion among the voters as to what the government ought and ought not to do. The voters who in a general way agree with one another upon certain policies for the government usually come together and form an organization to promote these policies. The voters who disagree with them and hold other views also organize. In this way the voters are usually divided into two or more political party organizations. Although political parties sometimes go out of existence, and parties with new names and new policies are formed, it is- a fact that political parties are more or less permanent or- ganizations. Everybody knows, for instance, of the Demo- cratic and Republican parties, these being the two great or- ganizations to which most of the voters of the United States belong. There are also other smaller parties, however, such as the Socialist and the Prohibition parties. The principal object of every political party is to secure the election to the various offices of the government of persons who belong to the party, and who, when they are in office, will carry out the policies which their party is in favor of. Every party or- ganization is, therefore, very active in letting the voters of the community know what governmental policies the party favors. In many ways each party tries to induce as many voters as possible to cast their ballots in favor of those candi- dates who stand as representatives of the party and its policies. 81 82 GOVERNMEXT AND POLITICS IN VIRGINIA THE ORGANIZA TION OF PARTIES. Political parties are not really a part of the government. They merely see!,, to control the government by getting members of the party into office. In order to accomplish this, however, it is neces- sary for each party to organize with certain party officers and wiiii certain rules that govern the activities of the party. This organization of political parties is accomplished chiefly by means of committees. In every party there is a state committee having general control of the affairs of the party in the state. In addition to this, there are local committees in the different counties and cities of the state. These com- mittees arrange for political meetings and for addresses to be •delivered by party leaders and candidates for office. They also determine many important questions in regard to the method of choosing the candidates who are to stand for the party. In the weeks and months that precede an election, they stir up general interest among the voters and in every way try to draw out as large a vote as possible for their candi- dates. THE NOMINATION OF PARTY CANDIDATES. It is absolutely necessary that every political party should, before any election is held, choose a party candidate for each office that is to be filled by election. If this were not done, it might well happen that two or more persons representing the same party would stand for election to a particular office, and the voters of the party would divide their votes among these candidates. If at the same election it happened that some smaller party had only one candidate for this office, and if the voters of this party cast all of their ballots for this candidate, the result might be that this candidate of the smaller party would be elected. He would not receive a majority of the votes cast, but he might receive a larger num- ver of votes than any single one of the several candidates of the larger party. POLITICAL PARTIES 83 The choosing of persons who are to stand for the party at any election is called the nomination of candidates. Formerly in Virginia, as elsewhere in the LInited States, candidates for office were invariably chosen at what were known as party conventions. These conventions consisted of delegates who represented the voters of the party. At the present time the law permits any political party organization in Virginia to select its candidates for office in any way that it chooses. Candidates are, however, chosen in two principal ways. The first of these is by the system of party conventions just noted. The second is by a system known as a primary election. The law now provides that a primary election for the nomination of party candidates for state and county offices shall be held every year on the first Tuesday in August. Another pri- mary election for the nomination of candidates for city offices is held on the first Tuesday in April in any year in which a city election is to be held. No party is required to choose its candidates at these primary elections, but every party is permitted to do so. PRIMARY ELECTIONS. A primary election is con- ducted in very much the same way as a regular election. It is held at the same polling places, and there are officers to con- duct the election. When a voter presents himself at the polls on primary day, he is compelled to declare which party he supported at the preceding general election. If he declares, for example, that he supported the Democratic party, he is given a ballot containing the names of persons who want to become candidates for that party. Such a voter cannot de- mand, and he will not be given, the ballot of the Republican party. In case he failed to cast any ballot at the preceding general election, he is required to declare which party he in- tends to support at the coming election, and he is given the ballot of that party. The reason why every voter is thus re- quired to declare himself is because a primary election is really an election within the party. It is not just that per- 84 GOVERNMENT AND POLITICS IN VIRGINIA sons who do not belong to a particular party, and who have not supported and do not intend to support the candidates of that party, should, nevertheless, have the right to assist in deciding who shall be the candidates of that party. Of course this system destroys to a considerable extent the secrecy of the ballot, for a voter is not allowed to participate in a primary election unless he declares either how he has voted at the last election or how he intends to vote at the coming election. There is in fact little to prevent a voter from deceiving the election officers in this matter, if he wants to do so. These officers must usually accept his word. He may, for example, on primary day, wish to vote for the candi- dates of the Democratic party. In order to do so, he may declare that he supported that party at the last election, when in fact he did not do so. Or he may declare that he intends to support that party at the coming election, when in fact he has no such intention. Nobody knows how he actually voted at the last election; and nobody will know how he ■acttmlly votes at the coming election. This is a matter, there- fore, which is left to each voter's conscience. It seems clear, however, that when a man has shared in choosing the candi- dates of a particular party, he is certainly under a strong moral obligation to support that party at the regular election which follows. This system of primary elections was established because it was thought that party conventions, consisting of a limited number of the members of a particular party, frequently did not represent the wishes of the rank and file of the party in choosing party candidates for office. A primary election is, strictly speaking, not an election at all. It simply results in the selection of the candidates whose names are placed on the ballot as the choice of the party at the real election which follows. It is often the case, however, that where a great majority of the voters belong to one particular party, the primary election is really more important than the regular POLITICAL PARTIES 85 election. If a man is chosen as the candidate of such a party at the primary, he is very nearly certain to be elected at the regular election. THE CANDIDATES FOR NOMINATION AT PRI- MARY ELECTIONS. In order to become a candidate for nomination at a primary election (which means that, if success- ful at the primary election, the candidate becomes the party candidate at the regular election) a person must formally de- clare his intention to become such a candidate, and he must be supported by a petition signed by a number of voters. If he is a candidate for a state office, such as the governorship for example, two hundred and fifty voters must sign his petition. If he is a candidate for a city or county office, fifty voters must sign his petition. CLASS EXERCISES 1. Try to find out which political party is the stronger in your com- munity. Are most of your county or city officers Democrats or Republi- cans? To what political party do the present Governor and the other state officers belong? 2. Explain how poUtical parties are organized. Why is it necessary for them to organize? What powers and duties have the party com- mittees? Find out, if you can, what party committees there are in your community. 3. Explain why it is necessary for parties to choose candidates before the election. What would be the probable result if they did not do so? In what two ways are party candidates chosen? Were your present city or county officers nominated at a party convention or at a direct primary election? In what way were the present Governor and other elected state officers nominated? 4. What is meant by a primary election? When are such elections held? How are the voters of the Republican party prevented from voting in a primary election of the Democratic party, and vice versa? 5. How does a person become a candidate for the choice of his party at a primary election? CHAPTER XII THE STATE LEC^ISLATURE THE THREE DEPARTMENTS OF GOVERNMENT. There are certain duties which the government undertakes to perform for the people of the state as a whole. It is im- possible to enumerate the complete list of such duties. It is sufficient to say in a general way that the state gov^ernment makes and enforces such laws and undertakes such services as seem inappropriate to be regulated by the local govern- ments, such as counties, towns, and cities. For the purpose of making state laws there is a group of representati\"es who constitute what is known as the legislative department of the government. There is another group of state officers who see that the laws are enforced and who manage certain services which the government of the entire state carries on. This group constitutes what is known as the executive department of the government. There is still a third group of officers whose duty it is to explain and apply the law and to settle controversies between persons under the law. • This group consists of judges and is known as the judiciary department. THE ORGANIZATION OF THE GENERAL ASSEM- BL Y. The legislative department of the state government is divided into two bodies, or houses, as they are called. Every proposal for law that is agreed to by either one of these houses must also be agreed to by the other before it becomes a law. This prevents laws from being hastily made. One of these houses is known as the House of Delegates, the other as the Senate. Together they constitute what is known as the General Assembly of Virginia. The constitution declares that the House of Delegates shall never consist of less than ninety nor more than one hundred 86 THE STATE LEGISLATURE 87 members, and that the number of senators shall not be less than thirty-three nor more than forty. The House of Dele- gates is therefore much larger than the Senate. For the purpose of electing delegates the entire state is divided into what is known as house districts. The General Assembly itself determines what counties and cities shall be grouped to- gether to form a district. It also determines the number of delegates to be elected in each district. As nearly as possi- ble each delegate represents the same number of people. Populous districts, whether consisting of a single large city or large county or of a group of counties and cities, are given mere than one delegate. In the majority of districts, how- ever, only a single delegate is elected. The members of the House of Delegates are chosen by the voters of the several districts in November of every odd-numbered year — that is, in 1923, 1925, 1927, and so on. For the election of senators the state is divided into sena- torial districts. These districts are either much larger than the house districts or else they have fewer senators than dele- gates. Each senator is elected for a term of four years. Provision is made, however, so that half of the whole number of senators are elected in November of every odd-numbered year, at the same time that delegates are chosen. The General Assembly meets in the January following the November elections — that is, once in every two years. Each senator and delegate is paid five hundred dollars per session. In order to prevent the General Assembly from wasting its time, the constitution requires that it shall sit for only sixty days. In case of necessity, however, the session may be extended thirty days longer, provided that three-fifths of the members of each house agree to this extension. More- over, under extraordinary circumstances the Governor may call the General Assembly in extra session. Each house of the General Assembly has the power to choose its own officers, and to determine the rules by which its de- 88 GOVERNMENT AND POLITICS IN VIRGINIA bates and other affairs must be conducted. The one exception to this is that the Lieutcnant-Go\ernor presides over the Senate. The presiding officer of the House of Delegates is called the Speaker. In addition to the presiding officer there are a number of other officers and clerks in each house. Each member has his own desk, and these desks are ar- ranged in rows facing the presiding officer's chair. Visitors are usually prohibited from coming upon the "floor" of either house; but galleries are provided to which the public is freely admitted. THE MAKING OF THE LA WS. Nearly every member who is elected to the General Assembly goes to the capital with the idea of getting certain measures enacted into laws. Sometimes the people who elect him express their desire to have this or that law passed. Sometimes an individual citizen asks a member to present a proposition for a law. Frequently also the Governor and the other important officers, who are thoroughly in touch wnth the needs of the state, de- sire certain laws enacted. Every member of either house has the right to introduce any measure that he sees fit. The measure when introduced is known as a bill. Instead of being taken up at once for de- bate, every bill is referred to an appropriate committee. Pro- vision is made for a number of standing committees in each house, and each committee has for its consideration measures that relate to one particular branch of the government's w'ork. In the committee room the proposed measure is talked o\cr and worked over. Often the committee holds what is known as a hearing, at which persons who are interested may appear and favor or oppose the measure. Later the committee makes a report to the house, recommending either that the measure be passed or that it be voted down. When the committee has reported a bill, th^ house opens debate on it after it has been printed and read on three separate days. The bill may be amended by the house in THE STATE LEGISLATURE 89 any way, or it may be rejected. The house is largely in- fluenced, however, by the report of the committee which has made a special investigation of the subject. In case the bill is passed in one house, it must then be sent to the other house where it goes through a very similar process. In the end it may be approved, or amended, or voted down. This is the manner in which every measure proceeds through the legislature. The committee system makes it possible to handle many propositions in the short term of sixty days. It also provides for a careful consideration of every proposal. THE PO WERS OF THE GENERA L A SSEMBL Y. The General Assembly may pass any law that it is not forbidden by the constitution to pass, and which does not conflict with the laws made by the national government at Washington. It is necessary for the constitution to specify only those things which the legislature may not do. Chief among the restric- tions placed upon the legislature are those which secure to the people certain rights which we have already discussed, such, for example, as the freedom of speech and religion, and the right not to have property taken from them by the govern- ment without just compensation. The legislature is also prohibited from passing what is known as "special acts" in regard to a long series of subjects. This is to prevent the time of the law-makers from being taken up in enacting laws for a particular locality, or a special individual, and also to secure to every person in the state equal rights before the law. Aside from thesq restrictions upon the powers of the legis- lature, the General Assembly may pass any act it pleases. It is not necessary for us to examine in detail what the nature of these laws is. It is sufficient to say that they regulate, among numerous other things, business relations, property relations, and the marriage relations of the people of the state, and provide for the raising of taxes, the educational interests, and the affairs of railways and other corporations. 90 GOVERNMENT AND POLITICS IX VIRGINIA THE STATE CAPITOL. The General Assembly meets at Richmond, the capital city of the state. In a handsome park, beautifully laid out and containing splendid statues and monuments, stands the capitol building in which the legislature holds its sessions. The central portion of this building was built in 1833. Within its walls have been heard some of the most distinguished n en that have figured in the ^■i- r^^i^^^ ^ ^ p^^^^^H ' ^ fgi^- -^^ wm. L '! ^^*^(^ S^F^' n ^ Jl i 1 ' 1 ^1 f 1 :rii mf'^ '^-/ST^^r^sBBBBH THE HALL OF THE HOUSE OF DELEGATES Showing the desks at which the members sit during the sessions of the General Assembly history of the United States. Here, too, the Congress of the Confederacy sat. Because of its age and the many historical associations that surround it, this building has become very dear to the people of Virginia. With the growth of the business of the government, however, it became entirely THE STATE LEGISLATURE 91 inadequate, and some years ago it was found necessary to add two large wings to the central structure. The original building was, however, preserved. Even with these addi- tional wings, the capitol building is too small to accommodate all the officers of the state government. INFLUENCES UPON OUR LAW-MAKERS. When a man has been chosen to the legislature many people suppose that it is a very simple matter for him always to vote honestly and intelligently. Perhaps it ought to be; but as a matter of fact a great many influences are brought to bear upon members of the legislature which most of us do not fully appreciate. In the first place, a member usually desires to be re-elected at the end of his term of office. Sometimes the voters who have elected him are controlled by a man known as the political boss of the community. The member realizes that he must, to some extent at least, act so as to please this boss if he is to hope for re-election. In the second place, when a measure is proposed that is disadvantageous to some large corporation, or to the people engaged in a certain kind of business (as, for instance, the liquor business), all sorts of efforts are made to induce the law-makers to ignore the interests of the people. Shrewd lawyers and other crafty men are sent to Richmond to use their influence upon the members of the legislature, and to convince them, if possible, that the proposed measure is not for the interests of the people. This is called lobbying. Many bad laws are made, and many good measures fail to be enacted by reason of the influence which lobbyists frequently use. It must not be thought, however, that all lobbying is of this kind. Many good men also go before the committees of the legislature and lobby with its members to secure the passage of wise laws. In the third place, the law-makers are often severely criticised by the newspapers, and sometimes this criticism is unjust. It is a ver>' difficult matter for a man in public life 92 GOVERNMENT AND POLITICS IN VIRGINIA to please everybody and to do only what is right. Our law- makers have no easy task. If some of them do not serve the people as they should, we ought to remember that we are partly responsible for this. It is the duty of the people in every community to choose as their representatives in the law-making body of the state the most intelligent and the most honorable men that can be induced to serve. And it is the duty of a delegate or senator thus chosen to follow his sound judgment on e\'cry question before him. He should consider always only the best interests of the state, regardless of his personal ambitions, and in spite of the influences that sometimes seek at times to turn him aside. CLASS EXERCISES 1. What is the law-making body of the state of Virginia called? Into what two branches is it di\idcd? Does your city or county constitute a house district by itscU'? If not,. find out what other communities are grouped with it to form your house district. Find out, if you can, how many representatives your district has in the House of Delegates. Do you know the names of any i)resent representatives? 2. If you live in a county, find out what other counties are grouped with yours to form your senatorial district. If you live in a city, find out whether your city constitutes a senatorial district by itself. If not, what other communities are grouped with it? Find out, if you can, the name of the present senator, or senators, from your district. 3. \\'ho presides over the Senate? Over the House of Delegates? Have you ever been to the capitol building at Richmond? If so, describe the park. Describe the building. If you have seen the chambers in which the houses meet, describe them. Have you ever seen the houses in session? 4. Suppose you desired to have a certain law passed, how would you go about it? Explain in full how such a measure would become a law after being introduced into one of the houses by some member. What is meant by the committee system? 5. What is meant by a political boss? What is meant by lolibying? Explain how the bosses and lobbyists hinder the work of the law-makers. How can the people of any community prevent this? 6. When does the next General Assembly meet? How long will it probably sit? Might it sit longer? ^^'hy is the length of the session of the General Assembly limited by the constitution? CHAPTER XIII THE EXECUTION OF THE LAWS STATE AND LOCAL EXECUTIVE OFFICERS. After the laws have been passed by the legislature, it is necessary that there should be officers to see that these laws are carried out. The enforcement of both state and local laws is in- trusted very largely to local officers chosen in the various communities of the state. For example, it is the General Assembly that makes the laws defining crimes and providing punishment for those who commit them; but it is the city police or the county sheriff and constables who arrest offenders who violate these laws. In the actual enforcement of the laws the individual in any community usually comes in con- tact with county and city officers rather than with state offi- cers. In addition to these local officers, however, there are certain state officers whose duty it is to supervise and assist the local officers in the execution of some of the laws of the state and to execute directly certain laws which are not in- trusted to local officers at all. THE ELECTED STATE OFFICERS. At the head of the executive department of the state government stands the Governor. During the colonial period of our history the Governor of Virginia was appointed by the crown in England. After our independence he was for many years chosen by the General Assembly ; but since 1851 he has been elected directly by the voters. The Governor is now elected in November of an odd-numbered year (1925, 1929, etc.). He enters upon the duties of his office on the first day of the following February, and remains in office for a period of four years. He must be a citizen of the United States, at least thirty years of age, and must have resided in Virginia for at least five years 93 94 GOVERNMENT AND POLITICS IN VIRGINIA preceding his election. At the time of the Governor's elec- tion there is also elected an officer known as the Lieutenant- Governor, who, in case the Governor dies or is unable to per- form his duties, takes the place of the Governor. The Lieu- tenant-Governor presides over the Senate. The people of the state also elect an Attorney General, a Secretary of the Commonwealth, a State Treasurer, a Super- intendent of Public Instruction, and a Commissioner of Agri- culture and Immigration. These officers are chosen at the same time and for the same term as the Governor. In addi- tion to these elected officers there are, as we shall see, a number of important state officers who are appointed either by the legislature or by the Governor with the consent of the Senate. THE GOVERNOR. The powers and duties of the Gov- ernor are both numerous and important. In the first place, although he is the chief officer of the executive branch of the government, he nevertheless has a considerable share in the making of the laws. He is empowered, for instance, to send what is known as messages to the legislature, and in these messages he recommends that certain laws be passed. The General Assembly is not compelled to act upon the recom- mendations of the Governor, but the weight of his influence is large, and it is simply a fact that the legislature does usually give careful attention to his proposals. The Governor also usually advises with the members and the committees of the legislature in respect to important laws that are being drawn up. Before any bill that has passed both houses of the legis- lature can become a law, it must be signed by the Governor. If he does not approve the bill, he may refuse to sign it and return it to the legislature with a statement of his objections to the measure. This is called the Governor's veto. In case the Governor vetoes a bill, it cannot become a law unless it is again passed by both houses of the legislature by a majority vote of two-thirds. In addition to these powers, it THE EXECUTION OF THE LAWS 95 lias already been mentioned that the Governor may at any time call an extra session of the General Assembly. In the second place, as head of the executive department, the constitution requires that the Governor "shall take care that the laws be faithfully executed." To this end it is his duty to keep himself informed as to how the other officers of the state are performing their duties. He may require any information of them, or he may at any time inspect their books. When the General Assembly is not in session, he has the power to suspend any officer at the capital, except the Lieutenant-Governor, for misbehavior, or because he is not properly performing his duty. He is required to report the whole circumstances of such a suspension to the next General Assembly, which has power either to restore the officer or to remove him entirely. The Governor also has power to name certain of the important executive officers of the government who are not subject to election by the voters or to appoint- ment by the General Assembly itself. In the third place, the Governor is commander-in-chief of the state militia. As such, he has power to call out these forces when they are occasionally needed. As we have seen, the militia is used whenever the ordinary police officers or constables are unable to suppress a riot or other unusual dis- turbance in a community. In the fourth place, the Governor has power to pardon per- sons who have been convicted of crimes. When once a case has been finally decided by the courts it is impossible for it to be taken up again by the courts. Occasionally, however, it happens that for one reason or another a person who has been convicted of crime ought not to be punished to the full extent of his sentence. The Governor has the power to re- lease a prisoner from punishment or to shorten his sentence or to remit his fine. He does this, however, only in ex- ceptional cases. He does not allow those who ought to be punished to play upon his sympathies. 96 GOVERNMENT AND POLITICS IN VIRGINIA THE SECRETARY OF THE COMMONWEALTH. It is the duty of this officer to keep a daily record of the acts of the Governor and to perform services of a varied character in connection with the enforcement of the laws. He keeps the great seal of Virginia, and many important records are cared for in his office. THE ATTORNEY GENERAL. It frequently happens that the officers who are required to execute the laws are not able to decide exactly what this or that provision of the law means. The Attorney General is the officer whose duty it is- CAPITOL SQUARE, RICHMOND, VIRGINIA Showing the west entrance of the Capitol buildinft, where the General Assembly sits and where most of the state executive offices are located. The Governor's mansion is seen dimly in the background to give his opinion to the Governor and other officers at the scat of government on questions of law. In certain cases, moreover, when the state of Virginia brings suit against a person or is sued, the Attorney General is the officer who represents the government before the courts. Whenever a THE EXECUTION OF THE LAWS 97 person who has been convicted of crime appeals to the highest court of the state (the Supreme Court of Appeals), it is the duty of the Attorney Genei'al to prosecute the prisoner be- fore this court. These are the principal duties of the Attorney General. STATE FINANCIAL OFFICERS. The State Auditor, who is chosen by the General Assembly for a term of four years, is the officer who receives the money that is collected in the various communities of the state for the purpose of defraying the expenses of the state government. He deposits this money with the State Treasurer, who, as we have seen, is elected by the people. When any officer or person has a claim against the state, it is the Auditor who examines his claim and issues an order or warrant directing the Treasurer to pay the claim in question. There is also a Second Auditor, chosen by the General Assembly, who performs, with reference to certain special funds, duties similar to those of the Auditor. ST A TE DEPARTMENT OF ED UCA TION. The chief executive officer of the public school system of Virginia is the Superintendent of Public Instruction. He exercises general supervision over the schools of the state and seeks in every way to encourage the improvement of schools and to awaken interest in public education. He uses his influence with the legislature to secure appropriations for the schools and to have wise laws enacted in the interest of the public school system. The Superintendent Is assisted and controlled by the State Board of Education. This board consists of the Superin- tendent himself, who is its president, the Governor, the Attorney General, three members who are chosen from the faculties of the state institutions of higher learning, and one county and one city superintendent of schools. The board has very large powers over the educational system of the state. It makes many rules and regulations for the manage- ment of the schools in addition to the laws that are enacted by 98 GOVERNMENT AND POLITICS IN VIRGINIA the legislature. One of its most important functions is to se- lect the text-books that may be used in the public schools throughout the state. ^ The Superintendent of Public Instruction is also assisted in many ways by the State Board of Examiners. This board consists of five members appointed by the State Board of Education. For the work of this board the entire state is divided into fi\e circuits, one of \\ hich is assigned to each ex- aminer. It is the duty of the members of this board to examine and issue licenses to those who desire to teach in the public schools. They also tra\el about in their circuits hold- ing teachers' institutes and forming citizens' leagues for the purpose of arousing interest in, and advancing the cause of, public education. In every community of the state there is a local school officer called the division superintendent of schools. Al- though these division superintendents exercise their powers only in their respective localities, they are nevertheless ap- pointed by the State Board of Education, their appointments being subject to the approval of a vote of the Senate. In a sense, therefore, they represent the state government rather than the local government of their respective com- munities. THE DEPARTMENT OF AGRICULTURE AND IM- MIGRATION. It is the duty of the Commissioner of Agri- culture and Immigration to collect information in regard to the climate, soil, crops, and minerals of the state and to fur- nish this information to farmers and others who desire it. He has charge of the inspection of fertilizers and of seeds, of the farmers' institutes, and of certain experiment stations. In many wa)s he encourages and assists the farmer and the cattle raiser. He endeavors also to show to people who are looking for a place of settlement the natural advantages that are to be found in the state of Virginia. The Commissioner is assisted and directed by the Board of Agriculture and Im- THE EXECUTION OF THE LAWS 99 migration, which consists of the President of the Virginia Polytechnic Institute and of one member from each of the ten congressional distrigts into which the state is divided. Every member must be a practical farmer and is appointed by the Governor for a term of four years, subject to the approval of the Senate. In connection with the Department of Agriculture and Immigration there is a Division of Dairy and Pure Food In- spection. This division is in charge of the Dairy and Food Commissioner, an officer who is appointed by the Governor and the Senate. The duties of the division are perhaps sufficiently indicated by its name. THE STATE CORPORATION COMMISSION. The members of this commission are appointed by the Governor, subject to the approval of the entire General Assembly. They hold office for terms of six years. This commission is one of the most important branches of the state executive organization. It has the power to issue what are known as charters of incorporation. Whenever a number of persons wish to join themselves together for the purpose of conducting a business, or a charitable, social, or other organization, they can apply to the Corporation Commission for a charter. Having received such a charter, they can act just as if they were a single person instead of a group of persons. The laws regulate the conditions under which charters of this kind may be issued. The Corporation Commission also has many important Juties to perform in connection with the supervision of per- sons and corporations engaged in the insurance business and the banking business. The government places such business under special regulations in order to protect the people from mismanagement and frauds. The Commissioner of In- surance and the Chief Bank Examiner have charge of these duties; but they perform their duties under the gen^''^] (\\. rection of the State Corporation Commission. 100 GOVERNMENT AND POLITICS IN VIRGINIA We have already noted that the government regulates the rates and the service of railway, telegraph, and telephone companies. This is the most important power that is con- ferred upon the Corporation Commission. THE BUREAU OF LABOR AND INDUSTRIAL STATISTICS. This bureau is in charge of a Commissioner of Labor and Industrial Statistics appointed by the Governor and Senate. It is the duty of the bureau to gather informa- tion and make investigations concerning the working and living conditions of laborers in the state. It is also charged with the enforcement of those laws which are enacted for the benefit of persons employed in labor. STATE HIGHWAY COMMISSIONER. This officer is appointed by the Governor, with the consent of the Senate, and has charge of the appropriations which the state govern- ment makes for the construction and maintenance of roads. He also gives information and assistance to those who are interested in the subject of road-building, and otherwise en- forces the laws of the state dealing wit li this matter. He sends forces of convicts to various parts of the state where they are needed for the construction of roads. The commissioner is assisted and controlled by the State Highway Commission of fi\e members appointed by the Governor and the Senate. DEPARTMENT OF PUBLIC HEALTH. This depart- ment is controlled by the State Board of Health, consisting of twelve members appointed by the Governor. Under the general direction of this board, the Commissioner of Health, who is also appointed by the Governor, is in active charge of the execution of many of the health laws of the state. The department maintains laboratories in Richmond for the study of the methods of preventing and curing dangerous diseases, and for the free examination of specimens which are sent to the department by physicians throughout the state. By means of lectures, publications, and through the daily press, the de- partment distributes a great deal of information on the sub- THE EXECUTION OF THE LAWS 101 ject of diseases and the methods of preventing them. It also supplies, at the smallest possible cost, antitoxin for the cure of diphtheria, the virus that is used for vaccination, and dis- infectants that are used for fumigating. This is done not only to lessen the cost of these things to the people but also to insure their quality. Every physician in the state is required to report to some local officer all cases of dangerous diseases that come to his attention, and these local officers in turn furnish this information to the state department. The de- partment also is required to inspect every hospital in the state at least once a year. The State Board of Health has very large power to make regulations of various kinds to prevent those things that are dangerous to the public health. These regulations have the same force as laws enacted by the Gen- eral Assembly. The State Board also has power to appoint local boards of health in most cities and counties. STATE INSTITUTIONS AND PRISONS. The gov- ernment maintains at Richmond a penitentiary in which are •confined all those persons who have committed grave offences against the laws of the state. This prison is in charge of five Directors who are appointed by the Governor and the Senate. This board appoints the Superintendent of the penitentiary, and the surgeons and other officers that are necessary for the management of the prison. Some of the prisoners who are sent to the penitentiary are taken care of on what is known as the state farm, which is in charge of a Superintendent ap- pointed by the penitentiary board. The state government maintains hospitals for the insane at Williamsburg, Staunton, Marion, and Petersburg, and a Colony for Epileptics and the Feeble-Minded in Amherst County. Each of these institutions is in charge of a board of directors appointed by the Governor and the Senate. A general board, consisting of all of the members of these special boards, has general supervision over all these hospitals. There is also a Commissioner of the State Hospitals for the 102 GOVERNMENT AND POLITICS IN VIRGINIA Insane, who is appointed by the Governor, and who has gen- eral direction of the expenditure of moneys for the hospitals and the keeping of their records. THE BOARD OF CHARITIES AND CORRECTIONS. This board consists of five members appointed by the Gov- ernor and the Senate. It is the duty of the board, or of the secretary whom they employ, to visit at least once a year every state, county, city, or private institution which carries on any charitable work or in which prisoners are confined. The board also appoints local visitors for jails and almshouses. This board has very little power over these institutions, but it examines into their condition, gives advice as to matters that need correction, and prevents many objectionable things that might go on in these institutions without being known to the public. This board also has control over de- linquent and neglected children. THE INDUSTRIAL COMMISSION. This commission consists of three members appointed by the Governor and the Senate. It determines, according to law, the amount of compensation that must be paid by employers when their employees are injured or killed as a result of accidents in- curred in connection with their work. OTHER STATE OFFICERS. There are a few other officers of the state government whose duties it seems un- necessary to describe in detail. Among these may be men- tioned the Register of the Land Office, and the Superintendent of Printing, who are chosen by the General Assembly. There are also the Adjutant General, the Secretary of Virginia Mili- tary Records, the State Librarian, the State Accountant, the Commissioner of Prohibition, the Director of the Legislative Reference Bureau, the Governor's Military Staff, the Boards of Visitors of various state institutions of higher learning, the Board of Fisheries, and the Boards of Examiners for lawyers, physicians, pharmacists, dentists, opticians, graduate nurses, veterinarians and embalmers. THE EXECUTION OF THE LAWS 103 CLASS EXERCISES 1. If the General Assembly lays a tax upon certain property throughout the state, what officers in your community would collect this tax? If a man commits a crime in your community, is he arrested by a local or a state officer? Has he violated a local or a state law? Explain, then, how state laws aie often executed by local officers. 2. Mention all the state officers who are elected by the people. Find out the names of as many of these officers as you can. Who is the present Governor of Virginia? How and when was he chosen? How much longer has he to .serve? Do you know anything about his life? To what political party does he belong? How was he nominated bj' his party? 3. What is meant by the Governor's message? Why does the law re- quire him to send a message? What is meant by his veto? How may it be overcome? 4. What control does the Governor have over the other executive officers? What is his position in the militia? What is meant by his pardoning power? If he should die in office, who w^ould succeed him? What duty has the Lieutenant-Governor? 5. Mention all the important state officers who are appointed by the Governor. \Miat officers are chosen by the General Assembly? Find out the names of as many of these officers as you can. 6. What are the duties of the Secretary of State? The Attorney Gen- eral? The State Auditor? The State Treasurer? The Second Auditor? 7. Describe the organization and duties of the State Department of Education. Who is the present Superintendent of Public Instruction? Find out the names of the present members of the State Board of Educa- tion. Who is your division superintendent of schools? When and how was he appointed? How long has he to serve? 8. Describe the organization and duties of the Department of Agri- culture and Immigration. The State Corporation Commission. The Bureau of Labor. The State Highway Department. The Department of Public Health. 9. How are state institutions and prisons rnanaged? What is the Board of Charities and Corrections? The Industrial Commission? CHAPTER XIV THE STATE COURTS THE NECESSITY FOR COURTS. It is easy to under- stand how people will sometimes differ in opinion as to what the law really means, and how laws may sometimes conflict with one another. Moreover, it is often very difficult to find out the facts about a matter which the law attempts to regu- late. For instance, a dispute may arise as to which of two parties owns a piece of property; each party may claim that he has the right to it under the law. Similar disputes might arise over a debt, or over an agreement or contract between two parties. These disputes may be very complicated, in- volving many points to be considered. Suppose a man is accused of some offense against the crimi- nal laws of the state, such, for instance, as robbery or murder. Whatever punishment is to be inflicted upon him will depend on two things. First, it will depend on the facts of the case, involving the question of whether he really committed the act, and if so, whether it was partially or wholly justifiable. Second, it will depend on what particular law will apply to the circumstances under which the crime was committed. Now it must be very clear that every time an attempt is made to apply the law to a particular case, many questions will arise in regard to the facts of the case and the meaning of the law which is applied to these facts. There must, there- fore, be a judicial department of the government, whose duty it is to explain the laws and apply them in particular instances. This part of the government's work is accomplished by the courts. THE PROTECTION OF THE COURTS. It is the courts that constitute our strongest protection against injustice. 104 THE STATE COURTS 105 If any individual of the community feels that an injury has been done him by another member of the community con- trary to the law, he applies to the courts to determine the matter. If he feels that the officers of the government are overstepping their authority and are trampling upon his rights and liberties, he goes to the courts with his grievance. If a bad member of the community commits a crime, it is the courts that examine into the facts and circumstances of the case and determine what his punishment shall be in accordance with the law. Few people pass through life with- out on some occasion finding it necessary to seek the assist- ance or the protection of the courts. It is a fundamental principle of justice among the English- speaking people that there must be in every community at least one court for the settlement of perplexing questions of fact and law. In other words, every man must have the pro- tection of the courts within his reach. The system of courts in Virginia by which this is accomplished is somewhat com- plicated. There are a number of different kinds of courts, each with certain limits to the powers that it may exercise. It is unnecessary to examine in detail the powers, or jurisdic- tion, as it is usually called, of these various courts. It will be sufficient for us to get a general idea of the system of courts in the state. There are in the main four classes of courts. THE JUSTICES' COURTS AND POLICE COURTS. In every county in Virginia there are a number of justices of the peace whose duty it is to hold courts for the trial of petty offenses against the laws of the state and the county. In the cities, likewise, there is a similar court usually called the police court. These courts constitute the most numerous branch of courts in the state. It must be remembered, however, that they have authority to try only such petty offenses as are pun- ishable by small fines or short terms of imprisonment in jail. They can also determine disputes in regard to property and debts where only small amounts are involved. ' In many in- 106 GOVERNMENT AND POLITICS IN VIRGINIA stances even after a case has been decided in these lowest courts of the state, the law provides that it may be carried to the next higher court, and there be reviewed. THE CIRCUIT COURTS. Next above the justices' courts are the circuit courts. In all there are thirty-one such courts in Virginia. For this purpose the whole state is divided into thirty-one circuits. Each circuit consists of a number of counties or a county and a city. The court of any circuit is held, as the occasion may demand, in this or that county or city of the circuit; and from the fact that it moves from place to place, it takes its name, the "circuit" court. It is this court which has the authority to hear by far the larger number of cases that arise. In cases arising out of disputes over such things as property and debts, the law provides that they must involve a certain amount of money if they are to be brought before the circuit court. If a person is arrested for an offense against the law, he can be tried in the circuit court only when the offense is so serious that it may be punished by imprison- ment in the state penitentiary. Thus small cases and trials for petty offenses are left to the justices* and police courts. THE CITY OR CORPORATION COURTS. In addition to the circuit court, every city of ten thousand inhabitants may have an additional court known as a corporation court. Cities which have as many as thirty thousand inhabitants have a number of different courts, each with the power, or jurisdiction, to try cases of certain kinds prescribed by the law. It is natural that many more cases should arise in large cities than in farming communities. A special and more elaborate system of city courts is therefore provided. THE SUPREME COURT OF APPEALS. At the top of the system of courts provided for Virginia stands the Supreme Court of Appeals. This court has the power to hear cases which may have been tried in the circuit courts and the various city courts, and which may be carried, in accordance with the law, to the highest court of the state for a last hearing. The o o OS o 108 GOVERNMENT AND POLITICS IN VIRGINIA Supreme Court holds sessions at different times of the year in Richmond, Staunton, and Wytheville. THE JUDGES. The justices' courts are presided over by justices of the peace, elected by the people of the district in which they serve. All the other courts in the state, however, are presided over by judges. For each circuit court and for each city court one judge is chosen by the General Assembly for a term of eight years. The Supreme Court of Appeals consists of five judges chosen by the General Assembly for a term of twelve years each. It is provided that the judges in all of these courts shall be men trained in the law, either by having previously held a judicial position, or by having prac- tised law for a period of at least five years. It is provided also that their salaries shall not be increased or diminished during their terms of office. This is in order to prevent the General Assembly from gaining any control over the honesty and impartiality of the judges of the state, by refusing to con- tinue their salaries. There is a very good reason why our judges are chosen for terms of eight and twelve years, instead of for a term of four years as in the case of the Governor. One of the principles that lie at the bottom of our judicial system is that every man, no matter how poor and obscure, shall be equal to any other man when he appears before the courts. If our judges were subjected to the control of political parties by reason of frequent elections, their decisions might sometimes be in- fluenced by their desire for reappointment. The object, therefore, of choosing the judges for long terms is that they may be separated from any control of politics, and that they may feel free to interpret the law with absolute impartiality. THE TRIAL OF CASES BEFORE THE CO URTS. How does a person proceed w^hen he feels that it is necessary for him to call on the courts for assistance in maintaining his rights against some other person? If he ascertains that the law is probably in favor of his claim, he usually places the THE STATE COURTS 109 matter in the hands of a lawyer, who brings it before the proper court at the proper time, and in accordance with the regula- tions prescribed for such proceedings. The other party con- cerned generally employs a lawyer to represent him; and the matter is fought out between these lawyers in the presence of the court. The facts are all heard, the law is interpreted and applied, and a decision is rendered. Such a case as this is called a civil suit. In such a suit no person is on trial. In case an individual is arrested and accused of some crime, he usually employs, or else the government provides for him, a lawyer to represent his cause before the court. Opposed to this lawyer is an officer known as the commonwealth's attor- ney, who is himself a lawyer representing the community. It is the duty of this officer to bring out before the court all the facts that will help to show the guilt of the prisoner. You see, therefore, that we again have two lawyers struggling with each other in the presence of the court on opposite sides of the question to be decided. Such a case as this, in which a person is being tried for a crime of which he is accused, is called a criminal case. In any criminal case the government itself, represented by the commonwealth's attorney, is one of the parties concerned. A man who has committed a crime has really committed an injury against the whole people of the community, and the government must punish him if his guilt can be proved. CLASS EXERCISES 1. Suppose a dispute arises between two persons over a debt, how is it usually settled? Suppose a man is arrested for stealing, who deter- mines his punishment? Why are the courts necessary? How do they protect us from injustice? 2. Have you ever been in a court room? If so, describe it. Do you know the name of any justice of the peace in your neighborhood (or of a police justice)? Where is his court held? If a man is arrested for fight- ing in your community, before what court would he be taken? no GOVERNMENT AND POLITICS IN VIRGINIA 3. If you live in a city, try to find out how many courts there are in your city and what they are called. If you live in a county, find out where the circuit court sits. Why is it called a circuit court? 4. Describe the system of courts in Virginia. Why are the judges appointed for long terms? W^hy may not the legislature increase or di- minish their salaries? 5. What is the highest court in Virginia? How many judges sit in it? How are they appointed and for what term? 6. Explain how in every case, whether civil or criminal, there are lawyers on each side of the question. What is the duty of the common- wealth's attorney? Find out, if you can, who is the commonwealth's attorney in your community. CHAPTER XV THE GOVERNMENT OF COUNTIES WHY COUNTY GOVERNMENT WAS ESTABLISHED IN VIRGINIA. The entire state of Virginia is divided into one hundred districts known as counties. In each of these counties a local government is established. It is the duty of the county government to attend to certain matters that are of interest primarily to the locality. Its officers also enforce many of the laws that are enacted by the state legis- lature in Richmond. County government dates back to a very early period in the history of England. When the settlers came over to America and established the colony of Virginia, they simply trans- planted to Virginia the county form of government to which they had been accustomed in England. As we have already had occasion to note the people of Virginia, as in the rest of the South, settled upon large farms or plantations. They thus lived considerable distances from one another. Now this fact had an important influence upon the kind of government that developed in Virginia. It would have been impossible, for example, for the people of Virginia to establish the kind of local government that developed in New England. The people who settled in New England came over to this country largely that they might enjoy religious freedom. They came, therefore, in congregations or groups. They did not separate and settle on large estates. They built their homes close around the church and the schoolhouse. Living as they did quite close together, it was natural for them to adopt a direct, or, as we say, popular or democratic form of governm.ent. All the inhabitants of each community met together and de- cided what their local laws should be and who should be their 111 112 GOVERNMENT AND POLITICS IN VIRGINIA officers. This form of local government still prevails in New England and in a somewhat different form it has been adopted in other parts of the United States. It is known as township government and the assembly of the voters is called the town meeting. Instead of township government the people of Virginia adopted the county form of government. All the people of a county do not come together for the purpose of making laws and choosing officers. They merely go to the several polls and elect representatives to make the county laws for them and in the same way they choose the officers who are to en- force these laws. THEPOWERS OF THE COUNTY GOVERNMENT. The county, which is only a subordinate district of the state, is permitted to exercise only those powers that are granted by the state constitution and the state legislature. The county does not, in fact, enact many local laws. For the most part its officers are engaged simply in enforcing the laws passed by the state legislature. For example, it is the officers of the county who preserve the peace by arresting those who violate the laws of the state. The county also provides the court- house in which such persons are tried and the jail in which they are imprisoned. In this courthouse, too, are heard those controversies which arise between individuals in the county. The state laws require also that the county shall make pro- vision for the care of the poor. It is the county, moreover, which, under the laws of the state, makes provision for the building and maintenance of schoolhouses and for the con- struction of roads and bridges. THE COUNTY BOARD OF SUPERVISORS. Every county is divided into three or more districts that are known as magisterial districts. Once in every four years, in November, the voters of each district elect a supervisor of the district; and the supervisors of the several districts form what is known as the county board of supervisors. The law confers upon this THE GOVERNMENT OF COUNTIES 113 board the power to make such rules and regulations as may be necessary for the government of the county. It is this board also which decides upon the building and repairing of roads and bridges and which provides for the erection of school- houses, the courthouse, the jail, and the poorhouse. It is this board which levies the taxes that are necessary for these various purposes and which borrows money in the name of THE COURTHOUSE OF CHARLOTTE COUNTY, VIRGINIA This is one of our oldest courthouses. Both Patrick Henry and John Randolph have been heard within its walls the county when that is necessary. Indeed the board of supervisors has general control and direction of the affairs of the county. The law requires that it must meet at least twice in every year and the board may come together oftener if need be. THE OTHER COUNTY OFFICERS. In addition to the board of supervisors there are a number of other county officers 114 GOVERXMEXT AND POLITICS IX VIRGINIA who are elected by the voters for a term of four years and one, the county clerk, who is elected for an eight-year term. The sheriff is the officer who has charge of the county jail and whose duty it is to assist in preserving the peace by arrest- ing persons suspected of violating the laws. He attends the circuit court when it meets in his county, and he carries out the orders of the court. The sheriff is the most important executive officer of the county, for many other duties in addi- tion to those mentioned here are laid upon him by law. The commonwealth's attorney is the law officer of the county. It is his duty to prosecute criminals who are tried before the circuit court. He also assists the board of super- visors and the other county officers in the performance of their duties by giving them his opinion on questions of law. The county clerk is the officer whose duty it is to keep the records of the county. It is by means of these records that the owners of land in the county are assisted in establish- ing their claims to their property. Whenever land is trans- ferred from one person to another a record of this transfer must be made in the county clerk's office. It is the county clerk also who issues marriage licenses and who keeps a record of marriages, births, and deaths in the county. The justices of the peace are the officers who hold the lowest courts in the state. Before these officers all petty offences and disputes are tried. It is their duty also to assist in the preservation of the peace. Three justices are elected in each magisterial district. There is also elected in each district at least one constable whose duty it is to arrest persons ac- cused of violating the laws and otherwise to assist in preserv- ing order within the community. The superintendent of the poor is the officer who has charge of the poorhouse or poor farm that is maintained in every county. The principal financial officers of the county are the land assessors, the commissioners of revenue, and the county treas- THE GOVERNMENT OF COUNTIES 115 urer. For each magisterial district one land assessor is ap- pointed by the circuit judge. It is the duty of the land assessor to make lists of all the land and buildings in his dis- trict and to determine the value at which such property shall be held for taxation. The people of each district also elect a commissioner of revenue, whose duty it is to list and value new buildings and all other kinds of property that are owned PEELING WILLOWS TO MAKE BASKETS These willows are grown at Arlington Farm, Virginia by the people of the district. The taxes that are levied are collected and cared for by the county treasurer. He pays out such sums as he may be authorized to pay; and he for- wards to the State Auditor at Richmond such part of the taxes as belongs to the state government. There are also in every county a surveyor, a superin- tendent of roads, coroners, and certain minor officers required 116 GOVERNMENT AND POLITICS IN VIRGINIA by law. These assist in various ways in carrying out the scheme of county government. THE COUNTY SCHOOL OFFICERS. It has already been mentioned that in every community there is a local officer called the division superintendent of schools, this officer being appointed by the State Board of Education, with the approval of the Senate. The division superintendent usually has charge of a single county or city, but in a few instances two counties or a county and a city are placed under one superintendent. The division superintendent has general power to supervise and regulate the schools in his division in accordance with the laws of the state and the rules laid down by the State Board of Education. Every county is divided into a number of school districts. The division superintendent, the commonwealth's attorney, and one resident of the county (who is appointed for this pur- pose by the judge of the circuit court) choose for each school district a number of persons who are known as school trustees. This district board of trustees has the power to appoint teachers for the schools within the district. In other ways also these trustees look after the interests of the schools. The entire number of district trustees in any one county form the county school board, whose duty it is to assist and direct the division superintendent. THE IMPORTANCE OF COUNTY HISTORY. There is scarcely a county in Virginia that has not produced its great men. Some of these men are only of local reputation; but in many cases they have played important roles in the history of Virginia and the nation. Moreover, many counties have been the scenes of famous battles and other important incidents of our history. It ought to be our pride to know of these things. We should be eager to learn something of the history of our county and the share it has had in the his- tory of the state. We should cherish the names of our great men and perpetuate their memory. Might it not be a good THE GOVERNMENT OF COUNTIES 117 idea to name the public schools in every community after the great men of the locality? CLASS EXERCISES 1. In what county do you live? Describe its situation in the state. Try to find out something about its history; when was it settled, when did it become a county, how did it receive its name? 2. Explain how geographical conditions in Virginia gave rise to the ■county form of local government. What is meant by township govern- ment? Where did it flourish, and why? Why did it not develop in Vir- ginia? 3. What are some of the powers which your county government ex- ■ercises? How is the county board of supervisors formed? What are its powers? What magisterial district do you live in? Find out who your district supervisor is. When was he elected? How long has he yet to serve? How often must the board of supervisors meet? 4. Find out, if you can, who is the present treasurer of your county. The sheriff. The commonwealth's attorney. The county clerk. How many justices of the peace are there in your district? Constables? Com- missioners of revenue? Land assessors? How are these various officers chosen? What is their term of office? Which one serves for eight years? 5. Who is your superintendent of schools? Who appointed him? Who are your school trustees? How were they chosen? How many mem- bers are there of your couBty school board? Mention the names of some of them. 6. What great men has your community produced? Which of them were of local, which of state, which of national reputation? What do you know of their lives? Are their names commemorated in any way in your community? Can you think of some simple ways by which they might be commemorated? 7. What important incidents of history have taken place in your com- munity? Are these incidents commemorated? How? CHAPTKR XVI THE GOVERXMKXT OF CITIES THE GROWTH OF CITIES IN VIRGINIA. Although the cities of Richmond, Norfolk, and Williamsburg were established as far back as the colonial period of our history, the growth of cities in \'irginia both in number and popula- tion has been rapid only since the War Between the States. This delay in the development of cities in Virginia, as in the rest of the South, w^as due to the fact that the people lived on large plantations, as well as to the fact that there was a large slave population. The slaves made excellent farm laborers; but they were not trained for labor of a higher character, such as is required in operating the complicated machinery that is used in manufacturing. Now, as everyone knows, the people of cities support themselves by manufacturing and trading. It was quite impossible for large cities to develop in Virginia so long as there were slaves among us; for these could not be profitably employed in manufacturing industries. Since the emancipation of the slaves cities have developed far more rapidly in Virginia than formerly. During the ten years from 1910 to 1920 the population of Richmond (171,667) increased thirty-four per cent; that of Norfolk (115,777) in- creased seventy-one per cent; and that of Roanoke (50,842) forty-five per cent. In 1890 Newport News had a population of only 4,449; in 1920 it had 35,596 inhabitants. In 1890 Roanoke had a population of 16,159 inhabitants; in 1920 there were 50,842 persons in this city. In spite of this increase in the population of the cities in \'irginia, it is important to bear in mind, as has already been noted, that the vast majority of the people in the state still live on farms. 118 THE GOVERNMENT OF CITIES 119^ THE PROBLEMS OF CITY GOVERNMENT. We have already had occasion to note that the government undertakes many things for the people of city communities that are un- necessary in farming communities. It is scarcely needful to explain why this should be the case. \\'here so many people live close to one another, they are compelled to use the same CONGESTED TRAFFIC IN A CITY STREET Streets, the same facilities for lighting their houses and getting water, as well as many other things in ccmm.cn. There are also many dangers from which they must be protected. It is the government which must attend to these matters for the common welfare of all. Streets must be" laid cut, lighted,. 120 G0VP:RXMEXT and politics in \lR(iL\TA paved, and kept clean. Parks must be provided. A police force must be maintained for the protection of lifc> and prop- erty and for the enforcement of the laws. Water must be furnished to the inhai:)itants; fire departments maintained; a sewer system installed; and schoolhouses, city hails, court- houses, jails, and poorhouses must be erected. These and many other things the city must undertake. Now all these undertakings call for a more or less elaborate government. THE MEANING OF A CITY CHARTER. The govern- ment of every city in Virginia is provided for by what is known as the charter of the city. This charter is simply a law enacted by the state legislature. It provides in detail how the city government shall be organized, how the cit\- laws shall be made, what city officers there shall be, and what powers the city may exercise. The constitution requires that in every city (no matter what its form of government may be) there shall be elected a commissioner of revenue, a city treasurer, and a city sergeant. Each of these officers serves for a four- year term. In all the more important cities there are also elected a commonwealth's attorney for a four-year term and one or more clerks of courts for terms of eight years. All of these officers perform in cities duties similar to those of the county officers of the same titles. Aside from these officers, however, the form of government provided by the charter of one city may differ greatly from that provided by the charter of another city. In 1012 a constitutional amendment was adopted which permitted the legislature to provide certain new forms of government for the cities of Virginia. Under this amend- ment the legislature has enacted a law permitting any city of more than fifty thousand inhabitants to elect a charter commission. This commission drafts a special charter for the city. If this charter is approved by the voters, it is sub- mitted to the Genpral Assembly. And if the General Assem- bly approves it, the charter then goes into effect. The Nor- THE GOVERNMENT OF CITIES 121 folk charter of 1918 was drawn up and enacted in this way. Under an amendment of 1920 the legislature may allow any city to request a special charter in some such way. THE GOVERNMENT OF RICHMOND. The capital city of the state is governed under a charter enacted in 1870. In 1918, however, this charter was amended in many im- portant respects. The amendments were proposed by the < ^M|g|^gpHri:^l|g^. r A BEAUTIFULLY PARKED CITY STREET city council, passed by the General Assembly, and ratified by the voters. The charter provides for a law-making body called the city council. Like the state legislature this council is divided into two houses or chambers, one called the board of aldermen and the other the common council. There are twelve aldermen, three being elected in each of the four wards into which the city is divided. They serve for four-year 122 GOVERXMEN'l- AND POLITICS IX VIRGINIA terms. There are twenty councilmcn, five being elected in each ward. They serve for two-year terms. The city laws enacted by this council are called ordinances. The mayor, elected for a four-year term, is called the chief executive of the city. His position in the government of the city cor- responds somewhat to that of the Governor in the govern- ment of the state. The administrative work of the city is carried on by tlu' heads of six departments: law. finance, public works, public welfare .(including health, hospitals, charities, and markets), public utilities (including water, gas, and electric works), and public safety (including police and fire departments). The city attorney, who is head of the law department, and the city comj:)! roller, who is head of the finance department, are appointed by the council. The heads of the other four departments, called directors, are appointed by the mayor with \hv approval of the council. THE CIT Y MA NA GER GO VERNMENT OF NOR FOLK. The Norfolk charter of 1918 provides a form of government entirely different from that of Richmond. The city council consists of five members, elected for four-year terms. They are elected not in wards but by the voters of the entire city. This council enacts the ordinances of the city. It appoints and may remove at pleasure a city manager, who need not be a resident of the city or of the state. The city manager is the most important officer in the government. He is chiefly responsible for carrying on the government of the city. He has power to appoint and remove tlie directors of the depart- ments of public works, public welfare, public safety, and finance, as well as many other less important officers. The city attorney, who is head of the law department, is chosen by the council which also appoints the auditor, city clerk, high constable, police justices, school trustees, and civil service commissioners. The Norfolk charter provides that any member of the council may be recalled before the end of his term. A petition THE GOVERNMENT OF CITIES 123 for recall must be signed by three hundred voters and a special election must be held to determine whether or not the council- man shall be removed from office. The charter also provides for the initiative and referendum. This means that ordi- nances may be initiated or proposed by a petition signed n §iM fk ■»*!fe( i,i 13) m THE CITY HALL, RICHMOND, VIRGINIA by a sufficient number of voters. If the council does not enact an ordinance so proposed an election must be held so that the voters themselves may decide whether the pro- posed ordinance shall go into effect. So also when the council 124 GOVERNMENT AND POLITICS IN \ IRGINIA itselr enacts an ordinance the voters may petition to have such ordinance referred or submitted to them at an election. If a majority vote against it the ordinance does not go into effect. THE NEW GOVERNMENTS OF OTHER CITIES AND TOWNS. In 1914 the legislature enacted a charter law permitting cities and towns of less than fifty thousand in- habitants to adopt by a \ote of the people any one of three forms of govern nuiit. The first of these forms of govern- ment is called the "general councilmanic plan." Under this plan the law-making body of the city consists of only one house, or chamber, containing from three to eleven members, according to the size of the city. These members may be elected cither by wards or at large. The mayor, elected usually for a four-year term, is nominally the head of the city government. The council, however, is far more important than the mayor; for the council appoints and removes the various officers who conduct the government. The second type of government which any city may adopt is called the "modified commission plan." Under this plan the people elect either three or five commissioners, according to the size of the city. The government of the city is placed entirely in the hands of this small group of commissioners. They enact the city ordinances. The various activities of the city are divided into as many departments as there are commissioners, and each commissioner acts as the head of one of these departments. The commissioners choose one of their number to be the mayor of the city; but the mayor has very little more power than any other commissioner. This commission form of government is now in operation in many American cities, but it has not foimd much favor among the cities of \'irginia. The third kind of government which any city may adopt is known as the "city manager plan." The government under this plan is very similar to that of Norfolk, already de- scribed. The council consists of from three to eleven (usually THE GOVERNMENT OF CITIES 125 five) members, who are elected at large for four-year terms. The council enacts the ordinances and appoints a city man- ager, who is vested with complete control over most of the activities of the government. The initiative, referendum, and recall are not included in this plan, although special laws have extended these features to one or two cities that have adopted this plan. The city manager plan is the only one of these three forms of government that has proved attractive to Virginia cities. It has been adopted by Bristol, Hampton, Lynchburg, New- port News, Petersburg, Portsmouth, Radford, Roanoke, Staunton, Suffolk, and the town of Blackstone. A few other cities and towns (including Bedford, Charlottesville, Farm- ville, Fredericksburg, Warrenton, and Winchester) have also appointed city or town managers without otherwise changing their old forms of government. City manager government is another type of government that has in recent years been adopted by many American cities. It is interesting to note that the idea of such a plan originated in the city of Staunton. THE OLD GOVERNMENTS OF CITIES AND TOWNS. A few cities in Virginia have not adopted any of these new forms of government. They are still governed under old special charters. These charters usually provide for a council of one or of two houses, elected by wards, and for an elected mayor. The council usually has power to appoint most of the officers and boards who carry on the work of the govern- ment. Towns are those communities in \'irginia which have less than five thousand inhabitants. There are nearly two hun- dred such towns in the state. Town governments are some- what simple in form. There is a town council, a town mayor,, and a few other officers. The chief difference between a town and a small city is that the town is subject to some con- trol by the county in which it is located. County officers do- not exercise any power over cities. 126 govi:rxmp:xt axd politics ix virgixia CITY SCHOOL OFFICERS. For the managemer of public schools a few of the small cities are joined to the counties in which tliey are located. In most cities, however, there is a city (division) superintendent appoinle-d by the State Board of I''(hication. The superintendent has general charge of the schools of the city. He is subject to control, however, by the city school board, the members of which are usually appointed by the city council. CLASS EXERCISES 1. Try to find out the population of your city, or of the nesrest city to you. Is its population stiid to he increasing? Can you see any evi- dences of the increase, such as the building of new residences or business houses? What natural advantages has your city? What attracts people to it? 2. Mention some of the things that city governments provide that are not undertaken by county go\"ernments. \A hy does this difference exist? Explain, then, why the city government differs from that of the county. 3. Explain what is meant by a city charter. Find out whether the government of your cit,v (or the nearest city to you) is established by an old si)ecial charter. If so, find out how the city council is organized. Are there one or two bodies? What are they called? 4. How many wards are there in j^our city (or the nearest city to you)? Are the councilmen elected by wards? How many in each ward? When are they next elect ed? How long do they serve? ^^'hat is a city ordinance? 5. Who is the mayor of your city? How and when was he chosen? How long does he serve? What are his duties? 6. Who appoints in your city firemen, policemen, .street cleaners, health officers, officers who lay out and pave the streets? 7. Does your city own the waterworks? The gas plant? The electric plant? If so, who appoints the officers who manage these enterprises? 8. Describe the government of Richmond. Of Norfolk. Describe the "modified commission form'' of city government. The "city manager form." The "general councilmanic plan." 9. Tell what officers control the schools in your city. 10. If you live in a town, tell some of the things that your town gov- ernment untlertakes. \Miat officers does it have? How many members are there in the town council? What is the chief difference between towns and small cities? 11. Give the names of the important officers of your city or town. CHAPTER XVII STATE AND LOCAL TAXATION THE MEANING OF TAXATION. We have seen that the government undertakes to perform many services in the interest of the people — services which contribute very greatly to our individual happiness and prosperity. Naturally it requires a great deal of money to support these services which the government undertakes. Salaries must be paid to officers, many buildings must be erected and maintained, roads and streets must be improved. The money for these and for many other services which the government performs must be se- cured from the people of the community. The government secures this money by a system which we call taxation. A tax is a sum of money taken from the individual to be used by the government for the interest of the whole com- munity. Or, as it is sometimes briefly put, "a tax is private property taken for a public purpose" — this property being almost invariably in the form of money. Many people feel that it is a great hardship to pay taxes to the government; they look upon this almost as oppression. Some of them do not think that they are doing anything wrong if they avoid paying their taxes whenever that is possible. They do not seem to realize that the government gives them something in return for the money that they pay in taxes. It gives them, as we have seen, innumerable protections for their life, their liberty, their health, their property; and innumerable community benefits, such as good .roads and streets and schoolhouses for the education of their children. People ought to be just as willing to pay for these things as they are ready to pay for things which they buy in the shops. Most of us get far more from the government in the way of pro 127 128 GOVERNMENT AND POLITICS IN VIRGINIA tection and benefits than we ever actually pay for in taxes. The fact is that we cannot do without the services which the government suppHes, and the government is absolutely de- pendent on taxes for its support, THE PRINCIPLES OF TA XA TION. We have seen that the government sometimes takes an individual's property under the power of eminent domain, when such property is needed for opening a street or road or for any other public purpose. Property taken in this manner is not regarded as a tax, because the individual is paid directly in money for the property that is taken. When the government takes the indi- vidual's property in the form of taxes the individual is of course not paid anything directly. He gets his compensation only indirectly in the form of services which the government provides. Ever since the Revolutionary War it has been settled in the United States that the people alone shall have power to tax themselves. This does not mean that each person may say how much he will or will not contribute to the support of the government. It simply means that taxes can be levied upon us only by those whom we ourselves elect to represent us for this purpose — by the General Assembly of the state, or the board of supervisors of the county, or the council of a city. This is the first important principle of taxation. The second principle of taxation is that as nearly as possible people shall pay taxes according to what they can afford to pay. If we look at the benefits which each of us gets from the government this principle may not seem wholly fair. The rich man, who pays large taxes, receives no more benefit from the roads and streets and schools than does the poor man who pays little or no taxes. On the other hand, it would be absurd for the government to tax everybody the same amount, with- out any regard to differences of wealth and income among the people. This would simply mean that many persons would be unable to pay the taxes imposed upon them. It is manifest STATE AND LOCAL TAXATION 129 that the government can get money for its support only from people who have money. We have, therefore, hit upon the general principle that people must contribute to the support of the government in proportion to their ability to do so. The poll tax of a dollar and a half a year, which is assessed upon all men over twenty -one years of age, is an exception to this general principle. So also are those special assessments which the government levies (when, for example, a road or street is improved) in proportion to the amount which the adjoining property is increased in value by these improvements. The third principle in our system of taxation is that taxes must be equally and impartially laid. All the people of a certain class and all the property of a certain class must be taxed alike. The government cannot, for example, levy a tax of a certain amount on one man's farm or income and refuse to place the same tax upon another farm or another income of equal value. While this principle is clearly just and reason- able, it should be noted that it is not always easy to apply. As we have seen, property is assessed for taxation by many different officers throughout the state; and it often happens that property in one community is assessed more nearly at its true value than property in some other community. This is sometimes true even with reference to different pieces of property in the same county. The government should, and probably will, make every effort to overcome these inequalities. TAXES ON REAL AND PERSONAL PROPERTY. Property in lands and buildings is known as real property. It is this variety of property that bears the heaviest burden of taxation, this being due in part to the fact that it is impossible for the owners of such property to hide it. Property in the form of farming implements, cattle, furniture, jewelry, books, and such things, as well as property in the form of mon^y, is known as personal property. The government also endeavors to collect taxes on this kind of property. The fact is, how- ever, that taxes on personal property have everywhere proved 130 GOVERNMENT AND POLITICS IN VIRGINIA to be very largely a failure. This is partly due to the fact that the owners of such property may deceive the officers of the government by refusing to acknowledge all that they possess. It would seem, however, that the officers of the government very seldom make an honest effort to secure all the information possible about the personal property of the people. In every community in Virginia some propert>' is free from taxation. It would be absurd, for example, for the govern- ment to tax public buildings, roads, and streets. This would simply mean that the government was paying taxes to itself. Certain other classes of property, such as public libraries, colleges and other educational institutions, churches and ministers' residences, Young Men's Christian Associa- tion buildings, and charitable institutions are also free from taxation. Such property as this is not taxed because, al- though it is owned by private persons or associations, it is nevertheless regarded as being used for the general benefit of the whole community. INCOME TAXES. Many persons receive large salaries and have other sources from which they get incomes, although they do not possess any real property, and little, if any, per- sonal property on which the government actually collects taxes. It is not just that such persons should be entirely free from taxation. The government, therefore, places a tax on all incomes over and above a thousand dollars a year. As in the case of personal property, these taxes are very difficult to collect. The officers of the government have to rely al- most wholly upon the individual's willingness to declare exactly what his income is. That this form of taxation has not been a great success is clearly shown by the fact that in twenty-five or thirty counties of the state no income taxes are paid at all. FRANCHISE TAXES. Certain persons and corporations are taxed for special privileges which the government has STATE AND LOCAL TAXATION 131 granted to them. These taxes are known generally as fran- chise taxes. Railroad, telegraph, and telephone companies, for example, are compelled to pay such taxes in return for the special powers which the government gives them. So also street railway, gas, and electric light companies are re- quired to pay franchise taxes for the peculiar use which they make of the public streets. POLL TAXES. As we have seen, every male resident of \'irginia who is over twenty-one years of age is required to pay a tax of $1.50 a year. This is called a poll, or capitation, tax. STATE AND LOCAL TAXES. We have seen that there is in Virginia not only a state government, which exercises powers in all parts of the state, but also a local government established over every county, city, and town. Both the state and these local governments have to have m.eans of support. A part of the money that is collected in taxes goes to the support of the state government and a part of it is used for the support of the local governments. The state government in turn distributes to the various communities of the state money for various purposes, such as the main- tenance of schools and the building of roads. Lender this system it is a fact that about thirty-five of the one hundred counties in the state receive more money from the state treasury than they actually collect in the form of taxes. In effect, therefore, the people in some of the counties and cities are taxed to assist in supplying services to the people in cer- tain other counties. CLASS EXERCISES 1. Has any public building been erected in your community recently? Try to find out how much it cost. Did the county, city, or state pay for the building? Why? Try to find out how the money was raised. Ex- plain how this building is used for the benefit of the people of your com- munity. 132 GOVERNMENT AND POLITICS IN VIRGINIA n 2. Hdw is money raised for the improvement of roads in your county? Try to find out what the tax assessment for roads is. Who determines this assessment? 3. How are the schools supported in your county? Try to find out what the school assessment is. Have any new schoolhouses been built recently? How much did they cost? Try to find out wluit part of the school expenses are paid by your county author'ties and what jiart by the state. 4. In what ways that you can think of do the people of your commimity receive benefits from the taxes they pay? Explain why it is dishonest to avoid paying taxes. Explain why it is WTong to look upon taxes as op- pression. 5. "What part did the question of taxation play in the causes of our Revolutionary War? What principle of taxation was in consequence established in America? 6. In what ways that you can think of does the owner of property get special benefits by paying the large taxes that are assessed upon him? 7. What is the difference between real estate and personal property? Do you own any real estate? Any personal property? Explain why it is easier to collect taxes on the one than it is on the other. 8. What is meant by assessing property for taxation? Try to find out whether property in your community is said to be assessed high or low. AVhat does this mean? 9. What property that you can think of in your community is free from taxation? Why is it not taxed? Is your school building taxed? Why? 10. Mention all the kinds of taxation that we have in Virginia, and ex- plain what is meant by each. GOVERNMENT AND POLITICS IN THE NATION o Q o H O z a < u H < MX H b O O H a. < e THIRD PART POWERS AND DUTIES OF THE NATIONAL GOV- ERNMENT CHAPTER XVHI FOREIGN AFFAIRS AND NATIONAL DEFENSE THE PURPOSE OF THE NATIONAL GOVERNMENT. In spite of all the many things that are undertaken by our state and our local governments in Virginia, as in other states of the Union, there are certain very important powers that are exercised and services that are rendered by the govern- ment of the nation, which has its seat in Washington. After our independence was won, there were many reasons which prompted the people of the new states to unite and establish a national government. The people of the several states had numerous interests in common. It was manifest, therefore, that many of their affairs could best be managed by a govern- ment that represented the people of all the states. In a later chapter we shall see how the Union of the states came to be established, and how our national constitution was framed and adopted. This constitution determines what powers the national government shall exercise and in what ways it shall provide for the protection and welfare of the people of the entire nation. The government that is pro- vided for in the national constitution undertakes many things that are of interest to the people throughout the whole United States — things which cannot be satisfactorily attended to by the separate states. 135 136 GOVERNMENT AND POLITICS IN VIRGINIA FOREIGN AFFAIRS. The United States is today one of the leading powers of the world. American citizens are con- stantly travelling in foreign countries and carrying on enor- mous commerce with the citizens of other nations. Just as the interests of different people in a single community are likely to conflict with one another, so the interests of the citizens of different nations are apt to give rise to disputes and disagree- ments. If some means were not provided for the peaceful regulation of affairs between nations, the people of one coun- {Copyri'j/t, LiuItiuoudiS: I n.li n: ,,:<,! i IMMIGRANTS FROM ARMENIA On board a vessel landing at New York try would be continually getting into serious difficulties with the people of some other country. It would be absurd, of course, to allow each of the states of the American Union to regulate its own affairs with foreign governments. This is a duty, therefore, that belongs exclusively to the national government. In a number of different ways the United States government seeks to preserve friendly relations with FOREIGN AFFAIRS AND DEFENSE 137 the other nations of the world and at the same time protect the interests of its own citizens. AMBASSADORS AND MINISTERS. It has long been the custom of every civilized nation to keep at the capital of every other nation a permanent representative known as an ambassador or minister. The United States sends ambassa- dors to certain of the more important nations of the world, and to nearly all of the other countries it sends ministers. At Washington there are ambassadors and ministers who are sent from these, countries to the United States. Through these representatives nations communicate with one another. Ambassadors and ministers help to keep the relations between nations peaceful, for they are always at hand to assist in the speedy and friendly settlement of any dispute that arises. They also keep their respective nations informed as to what is going on in the countries to which they are sent. THE MAKING OF TREATIES. The United States makes agreements on a great variety of subjects with the governments of other nations. These agreements are known as treaties. In many ways these treaties regulate the con- duct of nations toward each other and determine the rights of their citizens- Were it not for treaties, disagreements be- tween nations over the rights of their respective citizens would be much more frequent than they are. The United States has more than three hundred such treaties in force today. Sometimes, also, the nations of the world enter into uniform agreements on certain important matters which ought to be the subject of general regulation. These larger agreements are commonly known as conventions. FOREIGN COMMERCE. No state has any power to regulate what goods shall be brought into the state from foreign countries, or what goods shall be carried out of the state. The control over foreign commerce is placed entirely in the hands of the national government. The United States government has entered into many treaties with foreign 138 GOVERNMENT AND POLITICS IN VIRGINIA governments for the regulation of matters pertaining to com- merce. By law also duties have been imposed on many articles that are brought into this country from abroad. We shall see in a later connection that certain restrictions are placed on the power of the national government to levy duties on imports; and we shall also see how the government undertakes in many ways to promote the trade of American citizens with the citizens of foreign countries. THE AMERICAN FLEET Leaving Hampton Roads, Virginia, in the autumn of 1907 on a famous cruise around the world IMMIGRATION. For many years the United States has attracted large numbers of foreigners from the various nations of Europe and Asia. These people, coming in many cases from lands of oppression and poverty, have looked upon the United States as a land of opportunity and promise. They came over the seas by thousands every year. Indeed, more than a million of them have sometimes come to us in a single year. FOREIGN AFFAIRS AND DEFENSE 139 The United States has the power, of course, to impose what- ever conditions it chooses upon the entrance of these foreigners into our country. Indeed, the government may prohibit them from landing at all. Needless to say the government does not permit criminals, paupers, diseased, and insane persons to come into the country. Anarchists and persons who seek to overthrow the government by violence are also excluded. The go\'ernment requires also that immigrants shall be able to read. Because of conditions growing out of the World War, the government now limits the number of immigrants that may come from any one country in a year. The "quota," as it is called, of any one country is based on the number of aliens from the country already in the United States. A tax of a few dollars is imposed on every foreigner who enters. The only people who are now absolutely denied permission to enter the country are certain classes of the Chinese, Japanese, and other Asiatic peoples. Foreigners of the same nation sometimes settle together in this country and retain their foreign language and customs. They thus become a danger to our country, for they do not understand our life and government. On the other hand, many foreigners soon lose their foreign characteristics and become truly Americanized. The school is perhaps the most important means by which the children of these foreigners are taught to understand our ways of living and thinking. NATUILALIZATION. The national government pro- vides that in due course of time these foreigners may become American citizens by a process called naturalization. Before a foreigner can become a naturalized citizen of the United States, he must have resided in this country at least five years, and he must have declared his intention to become a citizen at least two years before he is admitted to citizenship. He must solemnly swear that he no longer owes allegiance to any foreign government, and that he recognizes only his duty and his obligation toward the government of the United 140 GOVERNMENT AND POLmCS L\ VIRGINIA States. After a foreigner has been granted his naturahza- tion papers by the governmeni, he enjoys the same privileges that belong to a natural born citizen of the United States, except that he can ne\'er be elected President. THE MAKING OF WAR. In spite of all the means that are provided for keeping peace between nations, disagree- ments sometimes arise which cannot be settled peacefully. Appeal must then be made to arms. In the United States, Congress alone has the power to declare war against a foreign, nation. On April 6, 1917, Congress declared war against Germany and the United States entered the World War. Hostilities ceased with the signing of the armistice, November 11, 1918. THE ARMY AND THE MILITIA. The different na- tions of Europe are situated so close to one another that dis- agreements are likely to arise frequently among them. As a rule, therefore, most of them have, at great expense and sacri- fice, maintained large standing armies. The United States is not surrounded by numerous foreign nations. We occupy the major part of a whole continent, and we are the most powerful nation on the continent. It has been our policy from the beginning of our nation to maintain a very small standing army. The great European War which began in 1914 showed us that, with the marvelous development of ocean transportation, we are no longer as safe from attack as w-e formerly w^ere. Moreover, we have important islands in the far seas which must be protected. No nation can provide, train, and equip an army of considerable numbers in a few weeks. Even so, we are continuing our policy of maintaining only a small standing army. Moreover we are using our in- fluence to induce the nations of Europe to reduce their armies, for many people believe that large armies are apt to cause wars. Not only this, but the maintenance of a large army is a heavy expense, which means very high taxes. The United States army is primarily for the purpose of FOREIGN AFFAIRS AND DEFENSE 141 defending the nation against enemies from without. Some- times, however, it is used to preserve the peace within the states. However, troops of the army are never sent to the aid of any state unless the governor or the legislature of that state requests the President to send them. This is done only when the state militia are unable to handle the situation. Very occasionally troops of the United States army are used to enforce the laws of the nation. In 1894, for example, (.Copyright, Underwood & Underwood) COAST DEFENSE GUNS These twelve-inch guns fire a steel projectile weighing seven hundred and fifty pounds across a range of seven miles there was a large strike among railway employes at Chicago, which is one of the most important railway centers in the United States. Commerce between the states was seriously interfered with, and trains carrying the United States mails were held up. President Cleveland sent the United States troops to put down the disturbance in order that the trains 142 GOVERNMENT AND POLITICS IN VIRGINIA might continue, under the laws of Congress, to carry the mails and the commerce going from one state into another. We have seen that there is in the state of Virginia an or- ganized militia for the purpose of preserving the peace of the state in times of unusual disturbance. In nearly all of the other states similar provision is made for maintaining com- panies of militia, these companies being known as the Na- tional Guard. State militia companies are organized and LAUNCHING OF THE BATTLESHIP PENNSYLVANIA This ship, built and launched at Newport News, Virginia, is one of the most powerful battleships afloat disciplined in much the same way as are the troops of the United States army, although the militiamen, being employed in other occupations, give of course only a small part of their time to this work. The militia companies, however, are a supplement to the regular army and may be called into the service of the United States to suppress insurrection and repel invasion. FOREIGN AFFAIRS AND DEFENSE 143 <:OAST DEFENSES. It is necessary that the seaports of our country'should be fortified against attacks that might be made by the war vessels of an enemy. At many important points along the seacoast strong forts are built with powerful batteries of large guns. Fortress Monroe is the chief coast defense that is provided in Virginia by the national govern- ment. THE NAVY. When the United States was at war with Spain in 1898, much of the fighting took place on the water. When we went to war with Germany in 1917, we did not fight on the sea because the German navy, except for the submarines, was already effectually "bottled up" by the superior navy of Great Britain. Although we fought on the land, it is clear that we could not have carried 2,000,000 troops to France in safety, had it not been for our war vessels and those of Great Britain. In case of war a strong navy would probably be able to prevent any nation from landing hostile troops upon our shores. This is why we have a powerful navy. But the construction and maintenance of war vessels is extremely costly. Moreover, it takes so long to build war vessels that when one great nation enlarges its navy, other nations feel that they must do likewise. Because of the dangers and burdens of this kind of competition. Great Britain, France, Italy, Japan, and the United States agreed in 1922 to declare a "naval holiday" for ten years. No large war vessels are to be built during this time. They agreed also to destroy some of their old and some of their partly completed vessels, and to restrict the uses of the submarine in case of war. CLASS EXERCISES 1. Does the state of Virginia maintain an army? A navy? A postal system? Does it build forts and protect harbors? Make treaties? Send diplomatic representatives to foreign nations? Coin money"^ Issue paper money? Show how each of these things is necessary for our pro- 144 GOVERNMENT AND POLITICS IN VIRGINIA tection or welfare. By whom are these things undertaken, and why? Explain, then, the necessity for ovir national governnient. 2. In what ways do the people of the I'nilod States associate with the people of foreign countries? Suppose a dispute arises between the United States and Great Britain; who settles it? Who has control over all our foreign affairs, and why? 3. Could the state of Virginia make a treaty with Germany? Why? Explain how treaties between the United States and a foreign govern- ment arc made. Why are they made? How do they help us as a nation? Mention some of the treaties you have learned about in history. Why were they made? 4. What are ambassadors and ministers? Does Virginia appoint or receive ambassadors and ministers? A\'hy? Who chooses the diplomatic representatives of the United States? \\here are they sent? ^^■hy are they sent? What is the difference between an ambassador and a minister? Find out, if you can, to which countries the United States sends ambassa- dors. Find out, if you can, the names of some of our present dii)lomatic representatives. To what countries are they sent? Try to recall from your history some distinguished statesmen who have represented us abroad. 5. In the United States who has the power to declare war, and why? Who controls foreign commerce, and why? ^^'ho makes regulations for the vessels and goods which come from abroad and land at the seaports of Virginia? 6. Who maintains our army? Is it large or small, and why? Why is the army maintained? When may national troops be sent to protect life and property within some state? How is the army used to enforce the laws of the nation? Do you recall any instance of this? What part does the state militia have in the defence of the nation? 7. Exi)lain why the United States is obligated to maintain a large navy. Exi)]ain how the seacoast is ])rotected. AMiere is Fortress Monroe? Have you ever seen it? Tell all you know about it. Why should Cape Charles and Cape Henry be fortified? 8. What i)eo])le are known as immigrants? Where do they come from, and why? What restrictions are imjiosed upon inuuigrants who seek admission to the United States? Why are Orientals largely excluded? AAhy do some immigrants fail to become Americanized? What role do the schools play in the process of Americanizing these foreigners? 9. What is the meaning of naturalization? Do you know any person who has been naturalized? Where was he born? Has he the same rights that you have? What duty does he owe the government of the United States? How does a foreigner become a naturalized citizen of the United States? CHAPTER XIX COMMERCE, FINANCE, AND INDUSTRIES PROMOTION OF FOREIGN COMMERCE. Mention has been made of the fact that the national government has complete power to regulate the commerce between the United States and foreign countries. The government does many things to help American citizens to secure markets abroad for their goods. To many of the important cities of the world the United States sends representatives known as consuls- general or consuls. It also sends to a few countries officers known as commercial attaches. These officers, as well as other special agents of the government, gather a great deal of information that is of value to American manufacturers and merchants. This information is published by the govern- ment for the benefit of those who are interested. INTERSTATE COMMERCE. In this day of frequent travel and of large activity in commerce between different parts of the United States, we sometimes almost forget that there are any boundaries between the states. Goods are sent from one state to another as easily and as frequently as they are sent from one local community to another. This would not be the case, of course, if each state had the power to restrict people or goods from coming in from another state. If this were so, a great deal of confusion would naturally re- sult, and much of our travel and commerce would be in- terrupted or destroyed. To avoid this difficulty the national government is given complete control over interstate com- merce — that is, commerce passing from one state to another. It has been the general policy of the national government to permit commerce to be carried on between the states with- out restrictions of any kind. In a few important instances^ 145 146 GOVERNMENT AND POLITICS IN VIRGINIA however, the national government has imposed restrictions upon such commerce. We have seen that the government of Virginia regulates the rates and the service of railway com- panies and of telephone, telegraph, and express companies. Most of these companies, however, operate beyond, as wqll as within, the boundaries of Virginia. Naturally the govern- ment of Mrginia cannot control their operations beyond the limits of the state, nor can the state government control their operations within the state in such way as to interfere with their interstate business. The national government, there- fore, undertakes to regulate the rates and the service of such companies so far as these matters are a part of the interstate business of the companies. In other words, the power to control these companies is divided between the state govern- ment on the one hand and the national government on the other. The national government also undertakes to prohibit the formation of enormous companies — trusts they are commonly called — which seek in one way or another to control this or that kind of business throughout the country and thus to charge as high prices as they choose. The government also endeavors to prevent persons and companies engaged in inter- state business from adopting business methods and practices that are unfair. This field of the national government's activity is, however, exceedingly complicated. It is a sub- ject which can be clearly understood only by trained lawyers. NA VIGA TION SERVICES. In connection with the regu- lation of foreign and domestic commerce, the national govern- ment undertakes to control and regulate many mattei-s per- taining to the navigation of boats. In the first place, in order to promote the safety of passengers and crews, the govern- ment imposes many regulations upon those who operate boats. The government also has inspectors to examine boats to see that these rules are complied with. In the second place, the government establishes lighthouses and maintains COMMERCE, FINANCE, AND INDUSTRIES 147 light-ships, buoys, and other aids to navigation. Without these aids, accidents upon the rivers, bays, and oceans would be far more frequent than they are. In the third place, the gov- ernment maintains an elaborate coast-guard service. Scattered all along the coasts, the great lakes, and many rivers are what are known as life-saving stations, where crews of strong men with life-saving boats and equipment stand ready to give help to any vessel in distress. THE LIGHTHOUSES AT CAPE HENRY In the center of the picture stands the new tower, the light from which may be seen many miles out at sea. To the left the apparatus of the United States wireless telegraph station is shown THE PANAMA CANAL AND RIVER AND HARBOR IMPROVEMENTS. In order to facilitate commerce be- tween the Atlantic and Pacific coasts, as well as with the Philippine Islands and the Orient, the national government has at enormous expense constructed the Panama Canal. This canal is owned and operated by the government. From time to time, also, the government spends a great deal of money in dredging and otherwise improving, for purposes of navigation, rivers and harbors in all parts of the country^ 148 GOVERNMENT AND POLITICS IN VIRGINIA It is regrettable, however, that this money is not always de- voted to the improvements that are most urgently needed. CONTROL OVER INTERSTATE COMMERCE IN FOODS AND DRUGS. We have seen that our state and local governments undertake in many wa\s to protect the people against impure foods. To the extent, however, that these foods are shipped across state lines they are subject to control by the national government. In 1906 the national government passed a law known as the Food and Drugs Act and another law known as the Meat Inspection Act. Under this last mentioned law, the government maintains, at all of the large plants where meat is prepared and canned, inspectors whose duty it is to see that no diseased meat and no injurious substances get into the packages which are to be distributed over the country for sale. The government does not maintain inspection at plants in which such things as vegetables and fruits are canned and breakfast foods and other package foods are put up. The government does, however, buy up samples of these things in all parts of the country, and if it is found that any canner or manufacturer has violated the law, the government provides that he shall be punished. THE INTERESTS OF LABOR. We have seen that the state of \'irginia enacts laws for the special protection of those who are employed as laborers in the state. Nearly all regulations of this kind are made by the several states of the Union. The national government, however, makes many in- vestigations concerning the conditions under which laborers are employed in the United States, collects a great deal of information on this subject, and in many ways endeavors to promote the interests of the laboring classes. The govern- ment is especially interested in investigating the conditions under which children are employed in labor. THE POSTAL SERVICE. The business of carrying the mails is owned and operated exclusively by the national gov- ernment. This great business of the government probably COMMERCE, FINANCE, AND INDUSTRIES 149 l)rings it in closer relations w ith the everyday life of the people than any of its other activities. Post offices are established everywhere throughout the country, and everybody is more or less directly dependent upon the service which the government thus provides. The government realizes that quick and cheap postal service is very necessary for the progress and development of the country. The charges for postage have, in the course of time, been greatly reduced. On account of their weight, THE POST OFFICE AT RICHMOND, VIRGINIA newspapers iand magazines are of course more expensive to carry than letters; yet because these things promote the general knowledge and information of the people, the govern- ment carries them at lower rates than are charged for letters, even though this policy results in a great loss. , Within recent years the postal service has been improved in a number of important ways. The government has es- 150 GOVERNMENT AND POLITICS IN VIRGINIA tabiishcd, for example, what are known as "rural free de- liveries," so that the farmer now has his letters and newspapers brought promptly to his gate, just as in cities mail matter is delivered directly to the houses of the people. The govern- ment has also introduced into the mail service what is known as the "parcel post." For a long time small packages have been carried in the mails. The government now carries in the parcel post any package of merchandise that is not more than seven feet in length and girth combined and that does (Copyright, Underwood &Underwood) BUSY SCENE IN A CITY POSTOFFICE Handling thousands of parcel post packages at the Christmas season not weigh more than twenty pounds. Indeed, the govern- ment will receive and transport for limited distances packages weighing as much as fifty pounds. The charges for carrying packages in the parcel post vary with the weight of the package and the distance it is to be carried. Still another reform in the postal service has been the establishment of "postal COMMERCE, FINANCE, AND INDUSTRIES 151 sa\ings banks." These banks were provided chiefly for those who were unwilling to put their savings in banks that were privately owned and for those who could not convenient- ly do this. The government itself guarantees the safety of (Copyright, Underwood & Underwood) COUNTING COIN IN THE UNITED STATES TREASURY VAULTS In the bags here shown there are $156,708,960 in silver dollars; $2,000,000 in half- dollars and quarters; as well as some gold coins, nickels, and pennies. The counting is done largely by weighing the bags the deposits in these banks and pays a low rate of interest on them. TTHE MONEY SYSTEM. If each state of the Union had the power to coin its own money and regulate its own money 152 GOVERNMENT AND POLITICS IN VIRGINIA system, it is easy to imagine what confusion would result. We should have to keep in mind the value of the coins of forty- eight different states. This would be anno>ing beyond de- scription. For this reason the national government is given the power to establish one money system throughout the entire •countr\-. In order that we may be protected against frauds, the national government itself undertakes to coin the money that is used by the people and prohibits private individuals from doing so. The coins are made in the United States mints. The government punishes any person who attempts to dupli- cate or counterfeit United States coins. The national govern- ment also provides for the issue of paper money. It must not be thought, however, that the government can issue any amount of paper money that it chooses. A great many people have this foolish idea. It is impossible briefly to describe the various kinds of paper money that are issued. It is necessary to understand, however, that a one dollar, five dollar, or twenty dollar bill is nothing more than the promise •of the government (or of some bank authorized by the gov- ernment) to pay this amount of money in gold or silver coins. The government sees to it that sufficient coins are on hand to meet these money promises which are used in all parts of the country in the form of paper money. People very seldom make a demand for the actual payment of these promises; but if the government failed to keep enough coins on hand to pay them, the people would soon learn this fact and paper money issued by the government would become of less value, if not indeed wholly worthless. The state governments are forbidden either to coin money or to issue paper money. THE NATIONAL BANKING SYSTEM. INIany of our banks are organized under state laws and are subject to the control of the states. Many banks, however, are known as national banks, and these are organized under national laws and are subject to the control of the national government. COMMERCE, FINANCE, AND INDUSTRIES 153 There are thousands of such banks scattered throughout the country. It is only these national banks that are permitted to issue paper money, and they can make such issues only by complying with very strict requirements of the law. The national government has also established what is (Copyright, Underwood & Underwood) A STAMP-PRINTING MACHINE This machine prints, gums, perforates, and coils 300,000 stamps per day known as a system of federal reserv^e banks. There are tw^elve such banks in the country, each of them operating in one of the twelve reserve districts into which the United States is divided. One of these banks is located at Richmond. The 154 GOVERNMENT AND POLITICS IN VIRGINIA federal reserve system is so complicated that it seems un- necessary to attempt to describe its many operations. It is sufficient to note that it plays a very important part in the regulation of the currency and the banking business in the country. PATENTS AND COPYRIGHTS. When a person writes a book or invents a machine his book or his invention is really a part of his property. Unless he is protected in this property, however, someone else may reprint his book or manufacture his machine without his consent. This would deprive him of his just profits. In order to encourage authors and in- ventors the government provides them with protection for their work. To the author it issues w^hat is known as a copy- right, and to the inventor what is known as a patent. It is made unlawful for anyone, except the owner of a copyright or patent, to publish a book that has been copyrighted or to manufacture a machine or other device that has been patented. PUBLIC LANDS AND FORESTS. The United States government formerly possessed in its own name a great deal of the land in the country. Most of this has been sold to private persons, although a considerable part of it was turned over to certain railway companies in order to encourage the building of railway lines; and another considerable part of it was given to certain states to aid in the development of their educational systems. The national government still owns some of the land, this being located chiefly in the western states. Some of this land is unproductive because of the dry- ness of the climate. The government in many places has undertaken to reclaim this arid land by constructing large irrigation systems. The government has set aside in the western states large tracts of forest lands with the intention of preserving the forests against destruction. Recently, moreover, the gov- ernment has purchased certain forest lands in the east, these lands being in the White and the Appalachian Mountains. COMMERCE, FINANCE, AND INDUSTRIES 155 A few of these recently purchased forest lands are in the state of Virginia. The government permits certain timber to be cut from, and other uses to be made of, these forest lands. In many ways, also, it encourages the preservation of forest lands and endeavors to protect them from devastat- ing fires. PROMOTION OF AGRICULTURE. We have seen that our state government undertakes in many ways to further the interests of those who earn their living by farming. The KK:jJ^'^Hi::r-7il V'-SBBM -^ ■- ■ T '_ J. ei^gMS^' siefi»i£ S^MHMttl '.J tM ' SSte^i ... *■ -l' ^^^ M % ^ '^^ ■ SSf^^^ 8Hb^ iI^I 7<* >>i ■ '-^V- V - >• ■ »- i JT^' ft* 1^ M-' ■- ■ " — - K »'"■ HiA "ZiA ^^ J ■ ja|i(i(^^ ^ H^"^^ 1^ ' ■•- '\ ^-•"'■- iL- "' * 3u k3 - ^^m^lt^^k.^- ..,..,,-.^. ^Hi. '^ 1 ■Iw 3 ""'V*.^ . '-'jRilgil^JP'*' .SwiaJ- * 1 ^ ] ■:-■■ -V*- -^a ^ %=\ m^r' ~Q \*^iif='^'"' '-, • L -.^r" ■•s^i!'#: ^^ 3^ -^vS _,. KHKsyH^i^ii jHfff*^ »^^ iv^^S?^^ §H!^^3 FOREST DEPREDATION Showing an oak tree ruined by "girdling," the bark being stripped off to be used as a carrier for huckleberries. This is one kind of destruction that the Forest Service seeks to prevent national government also undertakes to promote the agri- cultural interests of the people. It collects and publishes a great deal of valuable information on almost every subject that is of interest to farmers. It maintains experiment stations in various parts of the country and also contributes a good deal of money for agricultural education in the various states. 156 GOVERXAIEXT AND POLITICS IN VIRGINIA CLASS EXERCISES 1 . Can Virginia prohibit persons from coming into the state from Mary- land, ^^■est Virginia, Kentucky, or North Carolina? Can Virginia pro- hibit goods from being brought in from these states? Why? What do we mean by interstate commerce? Who controls it? Why? To what extent does the national government control railways, telegraph and tele- phone companies? Why? 2. Have you ever seen a life-saving station or a lighthouse? If so, describe it. ^^'ho maintains these things, and why? ^^ hy and by whom was the Panama Canal constructed? 3. To what extent and how does the national government i)rotect us against impure foods? 4. \\'here is your nearest ])ost office? Who maintains it? Why? Tell all that you know about the jjostal service in your community. Why are newspapers and magazines carried for less than letters? What is the parcel post? A postal savings bank? Why were these reforms intro- duced? How heavy a letter can you send for two cents? Find out how much it would cost to send a package weighing ten pounds from your post office to Washington. To New York. To Chicago. What are patents and copyrights? By whom are they issued and why? Look in the front of one of your school books and see who copyrighted it. What does this mean? Have you ever seen any article marked "patented" or "patent applied for"? Tell about the article and explain why it was patented. 5. Who coins the money we use? Why is ^'irginia not permitted to coin money? What is a mint? Why does the national government main- tain mints? What is meant by counterfeiting? ^^'hy is it made a crimi- nal offense? WTiat is jiajier money? Who issues it? Why? Does Vir- ginia issue any paper money? Why? Can the national government issue any amount of paper money it chooses? 6. What is a national bank? A federal reserve bank? 7. WTiy should forest lands be preserved? Have you ever seen or heard of a forest fire? How was it started? Could it have been pre- vented? 8. Try to find someone in your community who has secured informa- tion or assistance from the National Department of Agriculture. What sort of information or assistance did he secure? FOURTH PART ORGANIZATION OF THE NATIONAL GOVERNMENT CHAPTER XX THE NATIONAL CONSTITUTION THE MEANING OF THE NATIONAL CONSTITU- TION. We have seen that the government of Virginia is organized under a fundamental law which is known as the state constitution. Our national government also is or- ganized under a constitution, and it is important for us to understand how the Union of states came to be formed, and how the national constitution was framed and established. THE UNION OF THE COLONIES TO FIGHT FOR IN- DEPENDENCE. During the colonial period of our history each of the thirteen colonies was under the control of the British government. There was, however, no sort of union which bound them together. Each colony was independent of the others. They were forced to join hands only because the Parliament of the mother country began to oppress them and to impose upon them taxes which they felt were unjust. They realized fully that if their revolt against this oppression was to be successful, they would have to act together. In 1774 the colonists therefore determined to send delegates to what was known as a Continental Congress, which should represent them in their struggle with Great Britain. It was this Congress that issued the Declaration of Independence and provided for carrying on the Revolutionary War. The success of the war freed the colonies from British controL 157 158 GOVERNMENT AND POLITICS IN VIRGINIA They were no longer dependent colonies; they became inde- pendent states. During the period of the war the Continental Congress •exercised whatever powers were necessary. But natural!}-, after peace was established, the people were unwilling to have this Congress govern them as it chose. Even while the war was going on, steps were taken to determine how the government •of the Union should be organized and what powers it should exercise. UNION UNDER THE ARTICLES OF CONFEDERA- TION. In 1777 a committee of the Continental Congress •drew up a plan of government for the new Union. The docu- ment which they prepared was known as the Articles of Con- federation. It was provided that this government should not go into operation until every one of the thirteen states had agreed to accept it. In 1781 the last state gave its consent, and the government provided by the Articles of Confederation was set in motion. The government established by the Articles of Confedera- tion proved to be very unsatisfactory. The war had been costly, and the states were deeply in debt. Money was needed for carrying on the work of the new government; yet the government had no adequate way of raising mone>'. It had no power to levy taxes upon the people. It had to call upon the different states to contribute to its support. The Congress of the Confederation could not compel the states to pay their contributions. Indeed, it could not compel obedi- ence to any of the laws of the Union. Within a few years it was seen that the government estab- lished by the Articles of Confederation was a hopeless failure. More than one attempt was made to give the Congress of the Union additional powers. But no change could be made without the consent of every state; and this it was impossible to secure. The far-seeing statesmen of the time realized that if the Union was to continue, something must be done to THE NATIONAL CONSTITUTION 159 increase the powers of the national government. Washing- ton called it a "half-starved, limping government, always moving upon crutches, and tottering at every step." Difficulties had early arisen between Virginia and Mary- land over the control of commerce on the Potomac River and Chesapeake Bay, and these states seemed unable to settle their disputes. In 1785 the General Assembly of Virginia invited all the states to send representatives to a convention to be held at Annapolis the year following. This convention was called merely to consider the trade and commerce of the Union. Only five of the states were represented when the delegates can;e together. But a stirring address was issued calling upon the states to send delegates to another conven- tion which should meet the next year for the purpose of re- vising the Articles of Confederation. THE CON ST IT UTIONAL CON VENT ION OF 1787. The Convention which was thus proposed assembled in Phila- delphia in May, 1787. It was composed of delegates from every state except Rhode Island. Nearly all the truly great men of that time were among its members. Washington was its president, and Virginia was also represented by James Madison, George Mason, and Edmund Randolph. Jeffer- son was not a member of this convention, for at this time he was representing the government of the United States in France. Prominent also in the Convention were Benjamin Franklin and Alexander Hamilton. It was a high-minded, patriotic, and noble body of men, which met at a critical time to determine how the Union might be strengthened and pre- served. As a matter of fact, the Convention did not attempt to re- vise the Articles of Confederation. They set about the task of drawing up a completely new form of government. After nearly five months of careful deliberation, their work was com- pleted. They had framed a new constitution for the Union of states. 160 GOVERNMENT' AND POLITICS IN VIRGINIA HOW THE NEW CONSTITUTION WAS MADE EF- FECTIVE. The Convention sent the constitution which they had framed to the Congress of the Union, which was then in session. They requested that this Congress should, in turn, send it to the several states for consideration. In each of the thirteen states a convention representing the people of the state was called together to decide whether the state would accept or reject the new form of government. Accord- ing to the plan adopted by the Convention, the constitution was to go into effect whenever nine of the states should accept it. By this action of its own convention each state made its own choice. No state was compelled to adopt the proposed constitution. The conventions in some of the states had little difficulty in agreeing to adopt the new form of union. In others, however, the constitution hung in the balance for months. There were several reasons why the proposed constitution met with so much opposition. The states had but recently been freed from the oppressive yoke of Great Britain. They were now enjoying independence, and they feared to give up any large- amount of power even to a government of their own creation. They were afraid that as states they would be deprived of too many rights, and that the people might not be secure in their liberties. This was perhaps the chief objection that the new constitution had to overcome. Mrginia was the tenth state to ratify the constitution. The opposition in Virginia was led by Patrick Henry, who pro- tested violently against granting to the government of the Union such large powers as the constitution provided for. In the Virginia convention those members who were in favor of accepting the constitution were led by James Madison. In the Constitutional Convention at Philadelphia, it was Madi- son who had brought forward the plan of government which was, after many changes, finally adopted. In the end he: THE NATIONAL CONSTITUTION 161 succeeded in carrying a small majority of the Virginia con- vention in favor of adoption. By the summer of 1788 eleven states had ratified the con- stitution. North Carolina and Rhode Island alone refused their consent. Indeed they did not come in as members of the new Union until after the government had gone into operation. Before the spring of 1789, Washington had been unanimously chosen the first President of the United States; and the members of the first national Congress had been elected. The Congress of the old Confederation passed out of existence, and the government provided for by the new con- stitution, under which our national government is still estab- lished, came into being. AMENDING THE NATIONAL CONSTITUTION. We have seen that our state constitution, being the highest law of the state, is considered of such importance that the legis- lature is not permitted to change it. This is true also of our national constitution. Indeed it may be said generally that no constitution in the United States, whether state or national, can be amended simply by an act of the ordinary law-making body. The constitution of the nation provides that changes, or amendments as they are called, may be proposed in Congress. But every proposed amendment must be passed by a two- thirds vote of each house of Congress, and it must thereafter be sent to the states for consideration. No amendment can become a part of the constitution until it has received the consent of the legislatures in at least three-fourths of the states. The constitution also provides that, upon applica- tion of the legislatures of two-thirds of the states, Congress shall call a convention for the purpose of proposing amend- ments, but this method of amending the constitution has never been used. As a matter of fact, it is a very difficult matter to secure for any amendment a two-thirds majority of each house of 162 GOVERNMENT AND POLITICS IN VIRGINIA Congress and the consent of three-fourths of the states. It is, in consequence, very difficult to amend the national constitu- tion. Since the constitution went into operation in 1789, more than tw'enty-five hundred amendments have been pro- posed in Congress. Most of these have failed to secure the necessary two-thirds vote, and nearly all of the others have been lost when they have been submitted to the states. Seventeen amendments, however, have been adopted; and it is of interest and importance to note how these amendments came to be adopted. THE FIRST TEN AMENDMENTS. At the time when the constitution was being discussed in the different state conventions much fear was expressed that it did not contain sufficient restrictions upon the powers of the national govern- ment. The people were afraid that the new government might not be careful to protect their liberties. Several state conventions, in adopting the constitution, proposed that cer- tain amendments should be immediately passed for the pur- pose of protecting the people's liberties. In the first Congress that met under the new constitution, these amendments re- ceived the necessary two-thirds vote in each house of Con- gress, and they were very quickly accepted by the states. They were added to the constitution so early in our history that we may almost regard them as a part of the original con- stitution. These ten amendments provide, among other things, for the protection of our freedom of speech and of the press, and our freedom of religion. They guarantee us the right of trial by jury in a fair and open court. They prohibit the national government from imposing unreasonably large fines or cruel and unusual punishments, or from making unreason- able searches of our dwellings and our private affairs. They provide also that our private property shall not be taken from us unless we are justly paid for it. These amendments protect us in certain of our rights against the powers of the THE NATIONAL CONSTITUTION 165 national government only. It is important to note that they do not restrict the powers of the states. As we have already learned, it is by means of our state constitution that we are protected in these matters against the powers of our state government. THE ELE VENTH A MENDMENT. I n 1 793 , four years after the new government had been established, trouble arose between the state of Georgia and the government of the United States over a suit that was brought against Georgia in the national courts. Georgia thought that the national govern- ment had no power to force any state to come before its courts. In order that the states might be protected against such suits, the eleventh amendment was passed. THE TWELFTH A MENDMENT. The original, method provided in the constitution for electing the President and Vice-President of the United States proved to be very awk- ward and unsatisfactory. In the year 1801 it produced serious trouble, and a bitter contest resulted before Thomas Jeffer- son finally triumphed over Aaron Burr. A few years after Jefferson's inauguration the twelfth amendment was passed by Congress and adopted by the necessary number of states. It pro^•ided for our present method of electing the President and Vice-President, which we shall have occasion to examine at a later point in our study. THE THREE AMENDMENTS THAT RESULTED FROM THE WAR BETWEEN THE STATES. During the period of our history just after the War Between the States, the thirteenth, fourteenth, and fifteenth amendments were added to the constitution. They were intended to protect and to give certain rights to the recently freed negroes. By the thirteenth amendment slavery was abolished throughout the United States. The fourteenth amendment provides, first of all, that "all persons born or naturalized in the United States are citizens of the United States and of the state in which they reside." 164 GOVERNMENT AND POLITICS IN VIRGINIA This, of course, grants citizenship to the negroes. The amendment provides also that the states shall give to all per- sons equal protection of the laws, and guarantees that the national government will protect everybody, in his life, his liberty, and his property, against any unjust action on the part of the states. This amendment does not mention the negroes; but its purpose was evidently to afford them protec- tion against the states. We have already noted the qualifications which our own state requires of those who wish to vote at elections held in Virginia. Throughout the Union each state determines who shall and who shall not vote within its limits. However, by the fifteenth amendment to the constitution, it is provided that no state can deprive any person of his right to vote be- cause of his "race, color, or previous condition of servitude." The purpose of this amendment was to prevent the southern states from depriving the negro of his right to vote merely because he was a negro and because he had been a slave. THE INCOME TAX AMENDMENT. As we shall see later, the national constitution placed certain restrictions on Congress in the matter of levying taxes. One of these re- strictions prevented Congress from imposing taxes on the people in proportion to their incomes. In 1909 an amend- ment removing this restriction was submitted by Congress to the states; and in 1913 this amendment, having been ac- cepted by the legislatures of three-fourths of the states, was added to the constitution as the sixteenth amendment. AMENDMENT FOR THE DIRECT ELECTION OF UNITED STATES SENATORS. The constitution did not provide for the election of senators by a vote of the people; it i^rovided that they should be chosen by the legislatures of the various states. There were many disadvantages in choos- ing senators in this manner. The position of United States senator is usually much sought after, for it carries with it great dignity and influence. In consequence the members of THE NATIONAL CONSTITUTION 165 our state legislatures were often chosen solely with reference to how they would vote on the choice of a United States senator. State law-makers ought to be chosen wholly with reference to their ability to make proper laws for the state. For many years efforts were made to change this method of electing United States senators. This required an amend- ment to the national constitution. Finally, on May 12, 1912, an amendment providing that senators should be elected by a direct vote of the people of the several states passed both houses of Congress by the necessary two-thirds vote and was sent to the state legislatures. Within one year it had been ratified by the legislatures in three-fourths of the states. In May, 1913, it was added to the constitution as the seventeenth amendment. THE PROHIBITION AMENDMENT. We have seen that in 1916 the sale of intoxicating liquors was prohibited in Virginia. In December, 1917, Congress submitted to the legislatures of the states a constitutional amendment pro- hibiting the sale of liquors anywhere in the United States. This prohibition, embodied in the eighteenth amendment, went into effect in January, 1920. The manufacture, sale, and transportation of liquors is now prohibited throughout the entire United States. THE WOMEN S SUFFRAGE AMENDMENT. For many years women have been permitted to vote in some of the states. \'irginia was not one of those states. In 1920 the nineteenth amendment to the national constitution was adopted. This amendment prohibits any state from denying to women the right to vote. W'omen, therefore, may now vote in all of the states. THE CONSTITUTION TODAY. The constitution as it now stands consists of the original text as it came from the Convention of 1787 and the nineteen amendments which have been added. Mr. Gladstone, the great English states- man, once made the remark that the constitution of the 166 GOVERNMENT AND POLITICS IN \IRGINIA United States is the greatest work ever struck off at any one time by the mind and purpose of man. When we pause to think that it has, with few chanj^es, stood the test of more than a century, we are indeed impressed with the marvelous greatness of the work of the Convention that framed it. In 1789 the constitution ])r()\i(k'd a national government for a straggling line of states along the Atlantic seaboard with a population of only a few millions. Today it provides for the government of a mighty nation, stretching over a vast conti- nent from coast to coast and extending its arms to the islands of the far seas — a nation with a population of more than one hundred and ten millions of people. CLASS EXERCISES 1. Explain why the American colonies were forced to unite in their struggle against the mother country. \\hu\ were the Articles of Con- federation? When and why were they drawn up? How were they adopted? Explain why the government established under the Articles of Confederation proved to be a failure. 2. What was the Constitutional Convention of 1787? W'hvu, where, and why did it assemble? Who were the delegates from Virginia? Wliat was the result of the work of this Convention? Do you regard this Con- vention OS the most important assf^mbly in our history? Why? 3. How was the constitution ratified? IIow many states were re- quired to ratify it before the constitution went into effect? Why did the constitution meet with opposition? Describe the straggle in the Vir- ginia ratifying convention. When was the new government set in mo- tion? 4. Explain how the constitution may be amended. Is it difficult or easy to change our constitution? Do you regard this as an advantage or a disadvantage? 5. How many amendments have been passed? Explain how and when the first ten amendment^ came to l)e afiopted. Why was the eleventh amendment adopted? The twelfth? 6. Tell about the three amendments tliat resuU(Ml from the War Be- tween the States. The income tax amendment. The amendment that provided for the election of United States senators bv a vote of the people. The prohibition amendment. The women's suffrage amendment. CHAPTER XXI THE SUPREMACY OF THE NATIONAL CONSTITU- TION THE NATIONAL GOVERNMENT AND THE STATES. We have seen that, in addition to the govern- ment of our state (which includes and controls the govern- ment of our local communities), there is a national govern- ment established over the entire Union of which our state is a part. We have seen also that this national government is organized under the constitution which was framed by the Convention of 1787. All of us, therefore, are subject not only to the government of our state, but also to the govern- ment of our nation. Each of these governments makes its own laws and has its own officers to carry them out. To each of them we owe loyalty and obedience, for each in its own way helps to promote our safety, peace, and happiness. It is perhaps not easy to understand how we can be re- sponsible to two governments at the same time — how we can be governed by two distinct groups of officers. Our national and our state governments are not independent of each other. On the contrary, each is dependent on the other. The na- tional constitution did not attempt to set up a complete government. At the time of its adoption the state govern- ments were already in existence, and they continued to exist. The national constitution simply made a division of powers between the government of the nation and the governments of the states. Our state government could not exist alone; for it does not provide for maintaining an army and navy, for the regulation of foreign affairs, the making of treaties, the coining of money, and many other things that are controlled by the government of the nation. Nor could our national 168 GOVERNMENT AND POLITICS IN VIRGINIA government exist without the states; for it docs not provide for the punishment of various crimes, the regulation of prop- erty, the building of roads, the support of schools, the general protection of the health of the people, nor for many other things that are undertaken by the state governments. In one sense, however, the national government is inde- pendent of the states, and the states are indcj^endent of the national government. All the powers that are usually exer- cised by a national government are, in the United States, divided between the states and the nation; and neither can exercise the powers belonging properly to the other. Each has its own independent sphere. THE NATIONAL CONSTITUTION IS THE "SU- PREME LAW OF THE LAND." The constitution de- clares emphatically that it is itself the supreme law of the land. This means that the national government cannot pass any law or do any act which \iolatcs the constitution. It also means that the states, when they make their constitutions and pass their state laws, are compelled to respect the terms of the national constitution. This constitution, therefore, imposes restriction on both the national government and the states. THE EXPRESS AND IMPLIED POWERS OF THE NATIONAL GOVERNMENT. The constitution of the United States enumerates in detail the powers which the national government may exercise. We have already learned in general what these powers are. When Congress wishes to pass a law on any subject, it must first of all find its authority to do so in the constitution. Otherwise the law is said to be "unconstitutional"; and this means that it is no law at all. We are not obliged to obey those laws which, under the con- stitution. Congress has no power to enact. It must not be thought, however, that each of us can determine these matters for himself — that we may obey or disobey the laws of Congress as we choose. As we shall see, the constitution provides SUPREMACY OF NATIONAL CONSTITUTION 169 a means by which we may seek the protection of the courts whenever Congress attempts to pass an "unconstitutional" law. It is highly important to understand that the national gov- ernment has certain powers which are not in so many words laid down in the constitution. The powers which are ex- pressly or directly given to the national government by the constitution are not numerous. Almost from the beginning Congress found it necessary to exercise other powers, which are only indirectly given, or as we say, implied in the constitu- tion. For example, the constitution has nothing directly to say about the power of Congress to regulate the manu- facture of foods. As we have seen, however, Congress has exercised this power. The constitution simply gives Congress the power to regulate interstate commerce. But since foods of various kinds are shipped across state lines, and thus be- come a part of interstate commerce, the power of Congress to regulate the quality of these foods is implied. The power to enact such laws as the Food and Drugs Act and the Meat Inspection Act is, therefore, said to be implied in the power to regulate interstate commerce. This is only a single illustra- tion of how the national government exercises powers that are not expressly given to it by the constitution. It is under this authority to exercise implied powers that the activities of the national government have been greatly extended. THE RESTRICTIONS ON THE NA TIONAL GOVERN- MENT. While it is important to understand this, it is of even greater importance to understand that the national gov- ernment cannot exercise powers which are neither expressly nor impliedly granted to it by the constitution. It cannot, for example, regulate matters pertaining to our public school system; for the national constitution does not grant to Con- gress any power which, by the widest stretch of the imagina- tion, could be regarded as implying the power to control school affairs. In spite of the fact that the so-called implied powers 170 GOVERNMENT AND POLITICS IN VIRGINIA of the national government are numerous and important, it is nevertheless true that there are many important powers which Congress may not, under the constitution, exercise. These are left to the states. Our review of the activities of our state and local governments has indicated in a general way what powers are thus reserved from control by Congress and given over to the several states. That Congress may exercise only those powers that are expressly or impliedly granted by the national constitution is the most important restriction that is placed upon the na- tional government. In addition to this, however, a number of other restrictions are placed by the constitution upon the powers of the central go\crnment. It does not seem neces- sary to enumerate the entire list of these express restrictions; it is sufficient if we get some general idea of their character and importance. As the constitution came from the hands of the Conven- tion of 1787, it contained a number of express prohibitions upon the powers of Congress. For example, after an indi- vidual has committed an act, Congress is forbidden to pass any law providing for his punishment. Such a law is called an ex post facto law. Congress may of course provide for the punishment of similar acts in the future. It is not fair or just, however, that a person should be punished for an act which was not an offense against the law at the time when he committed it. When a person is arrested for an offense against the laws of the United States, he cannot be kept in prison indefinitely awaiting his trial. The national govern- ment cannot deny him the privilege of being taken before some officer of the kiw and shown the reason for his being held. This is called the privilege of the writ of habeas corpus. The United States government is also forbidden to grant any title of nobility, like the titles given in some European coun- tries. Moreover, as we shall see later, very important re- SUPREMACY OF NATIONAL CONSTITUTION 171 st.rictions are placed upon the powers of Congress in the levy- ing of taxes. It is in the first ten amendments, however, that we find most of the prohibitions upon the powers of the national gov- ernment. These amendments, as we have learned, were adopted because the states feared that the government created by the new constitution might not respect the liberties of the people. Among other things they protect our freedom of speech and the press, and our freedom of religion. They provide that when a person is accused of crime against the laws of the nation, he shall be indicted by a grand jury, and shall be tried by a jury in a fair and open court, with the right to have his witnesses and a lawyer to defend him. They pro- vide, too, that our private property shall not be taken from us by the national government without just compensation; and that civil suits — that is, suits over property, debts, and the like — in which the amount exceeds twenty dollars shall also be tried by a jury. These are not all the restrictions placed upon the powers of the national government; but they are sufficient to illus- trate how the national constitution protects our lives, our liberties, and our property from any tyranny on the part of the officers of the national government. Similar restrictions, as we have learned, are placed upon the powers of our state government by the constitution of the state of Virginia. Thus we are protected in our life, liberty, and property against both of the governments to which we owe loyalty and obedience. RESTRICTIONS IMPOSED ON THE STATES. We have just seen that the most important restriction on the national go\-ernment is that it may exercise only those powers that are expressly or impliedly granted by the national con- stitution. So likewise the most important restriction upon the powers of the states is that they may not exercise any of the powers thus given to the government of the nation. In 172 go\i-:r.\mi:.\t and politics l\ xircuxia other words, powers are divided between the two, and each is restricted to its own sphere. In addition to this general re- striction on ihe states, the constitution contains a few other pidhihitions upon ilicir j)owers. For example, when legal agreements, or contracts as they are called, have been made in any state, no law can be passed by that state to render these contracts less binding upon the parties who have made them. The states also are forbidden to pass any ex post facto laws. Nor can they make agreements with one another, or with a foreign government; nor maintain an army and navy; nor grant a title of nobility; nor coin money; nor lew duties on imports. As we have seen, the thirteenth and fifteenth amendments prohibit the states from re-establishing slavery, and from de- priving any person of the right to vote because of his "race, color, or previous condition of servitude." The nineteenth amendment prohibits the states from denying to women the right to vote. The fourteenth amendment declares that no state shall "deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The meaning of this sweeping declaration has never been fully determined. As has been noted, it was intended primarily to protect the negro race; but it has actually been used much more fre- quently to protect corporations and others waihin the states from the operation of certain state laws. This whole ques- tion is very complicated; it belongs more properly to the study of law. Any attempt to explain it in our elementary study of governnuiit would only serve to confuse us. rilE GO VERNMENT OF TERRITORIES A ND OTHER POSSESSIONS. The entire territory of what is known as "Continental United States" is now divided into forty-eight states. All of these, except the original thirteen states, have been admitted to the Union at various times by acts of Con- gress. - There are parts of the United States, however, which SUPREMACY OF NATIONAL CONSTITUTION 173 are not organized as states. There are the territories of Alaska and Hawaii, and there are the PhiUppine Islands, Porto Rico, and a few other islands of less importance; and there is the District of Columbia. These territories and possessions occupy in our system of government a place en- tirely different from that of the states. They do not, like the states, enjoy any powers independent of the national govern- ment. The constitution gives Congress the power to de- termine how each of them shall be governed. Congress has, indeed, organized the territories of Alaska and Hawaii on a plan similar to that of the state governments; but Congress has the power to change this plan at any time — a power which it could not exercise over any state. Congress has also provided by law special governments for Porto Rico and the Philippine Islands. CLASS EXERCISES 1. Could our national government make laws for the regulation of the school sjstem of Virginia? For the management of trolley lines in Vir- ginia? For the regulation of the sale of liquors in Virginia? Could it provide fire departments, sewer systems, electric lights, and street pave- ments for our cities? By whom are these things controlled? Why? 2. Could the state of Virginia maintain an arm}-? A navj^? A postal system? Could it build forts? Make treaties? Coin money? Issue paper money? By whom are these things controlled? WTiy? 3. Explain, then, what we mean when we say that oiu* national gov- ernment and our state governments are independent of each other. How Is this independence secured? Who made the di\dsion of powers between the states and the national government? How was the division made? Are the states and the national government independent of each other in the same way that Great Britain and Italy are independent? Explain the difference. 4. Could the state of Virginia exist under its present constitution with- out the national government? Why? Could the national government exist without the states? Why? Explain, then, what we mean when we say that the states and the national government are dependent on each other. 174 GOVERNMENT AND POLITICS IN VIRGINIA 5. What is meant by the express powers of the national government? The implied powers? The national government once built a post-road through Maryland; the national government has no express power to build roads; how, then, could tiie government build this post-road? Under what power did our national government acquire the Philippine Islands? 6. What is meant by the "reserved" powers? Who exercises these powers? 7. Can our national government restrict our liberty in any way that it chooses? How is it prevented? Can it, for instance, restrict our freedom of speech? Can it prescribe what church you shall attend? Or make you contribute to the suj)i)ort of some church? \^'hy? 8. After you have committed some act, can the national government pass a law for your punishment? Why? Suppose you are arrested for some offense against the laws of the nation, can you be kept in prison indefinitely awaiting your trial? At your trial what rights would you have? How are these rights secured to you? Why were the first ten amendments to the constitution passed? 9. Does the national constituticm place any restrictions on the powers of the states? Mention some of these restrictions. CHAPTER XXII CONGRESS REPRESENTATION IN CONGRESS. The national constitution, which was adopted in 1789, provides for a legis- lature composed of two houses. One of these is known as the House of Representatives and the other as the Senate. In order for any measure to become a law, it must be passed by both of these houses of Congress. Thus the makers of our constitution sought to prevent laws from being made without due care and deliberation. In the Congress that existed during the period of Confedera- tion (1781-9), each state was entitled to cast only one vote, without regard to its population or the number of representa- ti\-es that it had in Congress, The small state of Delaware had, therefore, as much power in making the laws of the nation as Virginia, which was then the largest state of the Union. At the time of the framing of our present constitution, the smaller states wished to continue this equal representation of the states in Congress. The large states, however, wanted to be represented in proportion to their population, for this would increase their power in the national legislature. When it was decided that Congress should consist of two houses, the difficulty was readily overcome. The large states were given what they desired in one house and the small states in the other. It was provided that in the House of Repre- sentatives each state should be represented according to its population. In the Senate each state was given the same number of senators. THE HO USE OF REP RESENT A TIVES. For the pur- pose of electing congressmen — as members of the House of Representatives are usually called — each state is divided into 175 CONGRESS 177 congressional districts, and one congressman is elected by the voters of each district. At present Virginia has a population which entitles the state to ten congressmen. There are, therefore, ten congressional districts in Virginia. It must not be supposed, however, simply because congressmen are elected by districts, that they represent only the interests of their districts. Unfortunately this is too often the case. Every representative should act solely for the interests of the entire nation. Provision is made In the constitution for ascertaining the number of people in each state by taking a census every ten vears. After each new census Congress has to determine how many representati\es each state is to have in accordance with the new record of its population. This is called "re- apportioning" the representation of the states. At this time some states are given additional representatives because of their large increase of population since the preceding census. Moreover, a state may, in the reapportionment, be deprived of one or more of its representatives, although in practice this is usually avoided. At present each congressman is elected by a population of about 200,000 people. If, however, a small state has less than this population, it must be given at least one representa- tive. The constitution does not place any limit upon the size of the House of Representatives. At present it numbers 435 members. Members of the House of Representatives are chosen every two years in November of the even-numbered years (1922, 1924, etc.). Each representative, therefore, serves for a term of two years. If he returns to Congress for another term, he must be re-elected by the voters of his district. It is a fact that representatives are sometimes re-elected for many terms. THE SENATE. In the United States Senate each state, without regard to its population, is entitled to two senators. 178 GCA'ERNMENT AND POLITICS IX \IRGINIA The result is that the least populous state of the Union, Nevada, with less than eighty thousand inhabitants, has the same representation in the Senate as New York, with a popu- lation of more than ten millions. We have already noted that senators were formerly chosen by state legislatures, but that, since the adoption in 1913 of the seventeenth amendment to the constitution, they are elected by a direct vote of the people of the several states. A senator holds his seat for a term of six years. Unlike the House of Representatives, the entire Senate is not renewed at the end of the senatorial term. Instead of the whole number of senators being chosen every six years, one-third of them are chosen every two years. By this means it is im- possible for more than a third of the Senate to consist of new members; for the other two-thirds always hold their posi- tions over from one Congress to another. Moreover, many of the senators are re-elected at the end of their terms of office. The Senate, in consequence, consists of a body of men most of whom ha\'c held their seats for a long period of time. This gives a permanence of character to the Senate which the House of Representatives lacks because of the many changes that are made every two years. The term of one of the senators from Virginia expires in 1923, 1929, and every sixth year thereafter. We elect a senator, therefore, at the regular November elections in 1922, 1928, and so on. The term of our other senator expires in 1925, 1931 , and every sixth year thereafter. We elect a sena- tor for this seat, therefore, in November of 1924, 1930, and so on. As we have already noted, except for the fifteenth and nineteenth amendments, each state determines for itself who may vote in the elections of congressmen and senators. NOMINATION OF CANDIDATES FOR CONGRESS BY POLITICAL PARTIES. Of course the several politi- cal parties put forward candidates for congressmen and senators whenever these officers are about to be elected. CONGRESS 179- Each party seeks to secure the election of as many of Its- candidates as possible. If a majority of the members of the House and the Senate belong to a particular party, that party is then in a position to enact such laws and carry out such policies as it may have promised to the voters. As we shall see a little later, the promises of each party are set forth in what is known as the national party platform. These plat- forms are adopted by the national conventions of the several parties, which meet every fourth year, in the summer pre- ceding the election of a President. While the platform of each party is made by a convention of delegates from all parts of the country, the candidates for Congress are nominated in each state in the manner that is prescribed by the laws of the particular state. For example, under the laws of Virginia, each party decides for itself whether its candidates shall be chosen by party conventions or shall be elected by the voters of the party at the regular primary elections, which are held every year on the first Tuesday in August. THE SESSIONS OF CONGRESS. We have seen that all of the congressmen and one-third of the senators are elected in November of the even-numbered years (1920, 1922, 1924, etc.). The persons so elected, together with the two-thirds of the senators who hold over, form a new Congress. In theory the life of this new Congress begins on the fourth of March following these biennial November elections (March 4, 1921, 1923, 1925, etc.). However, unless the President calls the Congress in an extra and earlier session, it does not actually come together until the first Monday in December following — that is, about thirteen months after the election has been held. Congress then usually continues in session until some time during the following summer. This first session of every newly elected Congress is known as its "long session." In November following this long session the time arrives for the election of another Congress. In December following this 180 GOVERXMEXT AND POLITICS IX XIRGIXIA election the old (not the newly elected) Congress comes to- gether for its second session. This is called its "short session," because it must come to an end on the fourth day of the fol- lowing March, when the two-year life of the Congress expires. To illustrate, the members of the Sixty-Sixth Congress (except two-thirds of the senators, whose terms had not ex- pired) were elected in November, 1918. The life of this ■Congress began March 4, 1919. The President called it to meet in special session in May, 1919. It sat until Xovember, 1919. It came together for its regular long session in De- cember. 1919, and sat until June, 1920. In November, 1920, the members of the Sixty-Seventh Congress were elected. But in December, 1920, the Sixty-Sixth Congress came to- gether for its short session, which ended March 4, 1921. There are of course many disadvantages about this arrange- ment. It is almost absurd to think that a congressman who has perhaps been defeated for re-election in November should return to Washington and assist in making the laws of the nation for a period of several months after his defeat. THE QUALIFICATIONS OF CONGRESSMEN AND SENATORS. The constitution requires that senators and representatives shall be citizens of the United States and residents of the state from which they are chosen. Senators must be at least thirty years old and congressmen at least twc-nty-five years old. Usualh", too, a congressman must. re- side in the district in which he is elected. In general only men of intelligence and high character are •chosen to be members of the national Congress. Nearly always a majority of them are lawyers of ability. The longer a congressman or senator holds his seat in Congress the more influential he usually becomes. Ordinarily a representative who holds office for only a single term does not wield a large influence in the l.iw-niaking body of the nation. THE ORGANIZATION OF CONGRESS. Each house of Congress has the power to determine how it shall be or- CONGRESS , 181 ganized for business, and whether those who claim to be mem- bers have been properly chosen. Each house elects its own officers, with the single exception that the Vice-President of the United States is the presiding officer of the Senate. The House of Representatives chooses for its presiding officer one of its own members. This officer is called the Speaker. He is not mentioned in the national constitution; but owing to the powers which have been given him by the House, the Speaker is a very important figure in the national government. He is usually the strongest man in the political party which has elected a majority of the members of the House. He has many important powers over the conduct of the business of the House. In recent years, however, some of the Speaker's powers have been taken away from him; for it was felt that the control which he had over the making of the laws and over the rights of individual members of the House was far greater than any single man ought to enjoy. Even though they have been somewhat diminished, the Speaker still has very large powers. Especially is this seen when his powers are contrasted with those of the Vice-Presi- dent, who presides over the Senate. THE COMMITTEES OF CONGRESS. Everyone who visits the House of Representatives during a session of Con- gress is impressed by the general disorder that usually pre- vails. It seems almost as if no business at all is being trans- acted. Many of the members are absent from their seats, and those who are present are often reading newspapers, or walking about, or conversing with one another. Usually some member is speaking, but it often happens that scarcely anybody is listening to him. It is only upon exceptional occasions that all the members are in their seats giving close attention to the speeches that are being made. Moreover, the House is frequently in session only an hour or so during the entire day. How is it that so many important measures can be passed by this House under such circumstances? * It is 182 GOVERNMENT AND POLITICS IN VIRGINIA because the real business of the House is being carried on in the committee rooms. When a new Congress comes together, and the Speaker and other officers have been chosen, the first business of each house is to elect a large number of standing committees. Each of these committees has for its consideration measures that re- late to one particular branch of the national go\ernment's work. Every congressman and every senator is eager to be chosen as a member of one or more important committees; for it is in the committee room that a congressman or a senator does his real work and becomes a power in making the laws of the nation. In each house the chairman and a majority of each committee belong to the political party which at the time has a majority of members in the house. THE MA KING OF A LAW. At every session of Congress an enormous number of measures are introduced in each house. Not one in ten of these measures is enacted into law. Every member is permitted to introduce any measure that he chooses; but if every member could compel the house to consider his proposal immediately, almost nothing would be accomplished. Hence the committee system has been adopted. When a measure is introduced by any member, it is referred at once to an appropriate committee. The committee con- siders the proposition carefully and perhaps revises it. It may conduct a hearing, so that those who are in favor of, or opposed to, the measure may have the chance to gi\e their opinion and advice. Later the committee may report the measure to the house and advise that it be enacted or rejected. Many proposals the committees simply ignore. They do not report them at all, but allow them to "die" in the committee room. Important bills, after they have been reported by a committee, are discussed in the house, and frequently they are amended before they are passed. Sometimes, however, the house relies largely upon the report of the committee and passes or rejects the bill according to its recommendation. CONGRESS 183 This method of handHng the business of Congress by means of committees makes it possible for a large number of bills to be considered. More than two thousand laws have sometimes been passed by a single Congress, and many times that num- ber of measures are proposed and referred to the various com- mittees. When any bill has passed through one house of Congress, it must go through a similar process in the other house, and later, as we shall see, it must be submitted to the President for his approval or veto. • CLASS EXERCISES 1. Find out the number of the congressional district of Virginia In which you live. How many people live in this district? Find out the name of the present congressman from your district. When was he elected? How many terms has he served? When will the next congres- sional election be held? Will your congressman be elected at the same time that congressmen will be chosen in other districts of Virginia and in the other states of the Union? 2. How many congressmen has Virginia? Explain why Virginia has this number, while New York, for instance, has many more, and Delaware many less. Who determines the number of congressmen that each state shall have? How often is this matter determined? When will the next reapportionment take place? 3. How many senators has Virginia? How many have the other states? Find out the names of the present senators from Virginia. How long has each of them served? How were they chosen? When? How long has each of them yet to serve? When will the people of Virginia, choose another senator? Will one or two be chosen at this time? Why? 4. How many members has the Senate? Why? How long is their term of office? Are all of them chosen at the same time? Explain, then, how the Senate is only partly renewed from one Congress to another.^ What advantage has this? How were senators formerly chosen? Why was this system abolished? How was it abolished? 5. What advantage is there in having two houses of Congress? Ex- plain how the people are represented on a different basis in each house. Why was this plan adopted? 6. Explain how candidates for the two houses of Congress are nomi- nated by political parties in Virginia. 7. How long does each Congress exist? How many regular sessions does each Congress hold? When do the sessions begin and how long do 184 GOVERNMENT AND POLITICS IN VIRGINIA they last? What i.s meant by the "long" and the "short" session of Con- gress? Explain how the nieinbers of one Congress are elected before the short session of the preceding Congress is held. What disadvantage has this? 8. Is Congress in session at present? If not, when will it assemble? Will this be for the long or the short session? How do you know? 9. What qualifications are required of congressmen and senators? 10. Who presides over the Senate? Over the House of Representa- tives? ^^'hat power has the Speaker? How is he chosen? Who is the present Speaker of the House? Who is the present Vice-President of the United States? 11. Why was the committee system adopted in Congress? How are the committees chosen in each house? Explain how every measure must pass through either house of Congress. Explain in full, then, how every law is made. What advantages has this system? 12. Where does Congress meet? Have you ever seen the Capitol? Describe it. Have you ever attended a session of either house of Con- gress? Tell the class what you saw. Describe the Hall of the House of Representatives. CHAPTER XXIII THE EXECUTION OF NATIONAL LAWS THE EXECUTIVE DEPARTMENT OF THE NA- TIONAL GO VERNMENT. The constitution does not con- fer upon state officers the power to put the laws of the nation into operation. It provides that the national laws shall be executed exclusively by national officers, with the President of the United States at their head. Congress has provided by law what officers, in addition to the President, are neces- sary for carrying out the laws. These officers constitute the executive department of the national government. THE ELECTION OF THE PRESIDENT. When the voters of the several states go to the polls to elect a President and a Vice-President, they do not vote directly for the candi- dates for these offices. They cast their votes for a number of officers known as presidential electors. The constitution provides that each state may choose as many presidential electors as it has representatives and senators in Congress, The whole number of electors in any state is known as its electoral college. Under this system the voters of Virginia elect at each presidential election twelve presidential electors ; for, as we have seen, Virginia has in Congress ten representa- tives and two senators. In each state the proper number of electors are chosen at the polls in November of every fourth year (1916, 1920, etc.). In each state these electors come together the following January to vote for a President and a Vice-President of the United States. They send the result of their vote to Wash- ington, where the votes of the electors in all the states are counted. The original idea was that the presidential electors chosen in the several states would be men of greater ability 185 186 GOVERNMENT AND POLITICS IN VIRGINIA than the average voter, and that they would be better able, therefore, to choose a suitable President and Vice-President. As a result of the control which political parties have over these elections, the electoral colleges were at a very early date deprived of this important power. As we shall see in a moment, each of the political parties nominates one candidate for President and another for Vice- President. Either by a party con\ention or at a direct pri- mary election the proper number of presidential electors are nominated by each party in each state. Wlun the voters go to the polls, they are given ballots which contain the list of the electors that are nominated in this fashion by each of the parties, and the voters cast their ballots for the electoral candidates of one or another party. The electors that are chosen have in fact no independence at all. They must, upon being elected, vote for the candidates for President and Vice-President that their party has previously nominated. No elector would dare vote for any other. While the voters still continue to vote at the polls not directly for President and Vice-President but for presidential electors, this has become a mere form. They actually vote for the candidates of their party; for when the electors of a par- ticular party are victorious at the polls in any state, these electors cannot, when they meet in the electoral college of their state, cast their votes for any other than the candi- dates of their party. So little part do the electors actually have in choosing the President and the Vice-President that the average voter scarcely knows or cares who they are. ^ When the votes of the electors are counted at Washington, each state is counted as having one vote for each elector to which it is entitled. The entire electoral vote of any one state is, howe\cr, usually cast for the candidate of one political party, even though the parties in the state are divided nearly evenly. For example, if the Democratic party in Virginia has only a small majority of voters over the Republican party, (^Copyright, Underwood A Vnderwood) THE PRESIDENT READING HIS INAUGURAL ADDRESS ON THE STEPS OF THE CAPITOL 188 GOVERNMENT AND POLITICS IN VIRGINIA the Democratic electors will be chosen at the polls instead of the Republican electors. These electors will cast all of Vir- ginia's twelve electoral votes for the Democratic candidates for President and Vice-President. The whole number of electoral votes is 531, for there are in Congress 96 senators and 435 representatives. It requires a majority of the electoral votes to elect a President or a Vice-President. Otherwise, the House of Representatives chooses the President, and the Senate chooses the Vice- President. NOMINATION OF CANDIDATES FOR PRESIDENT BY POLITICAL PARTIES. Party candidates for Presi- dent and for Vice-President are nominated by each of the political parties at its national con\cntion. These conven- tions consist of delegates chosen in the several states either by party conventions or at direct primary elections. They meet usually in June preceding the November elections at which presidential electors are chosen. Each convention, consisting of about 1,000 members, assembles in some enormous hall in one of our large cities. All of the arrangements for the meeting of these conven- tions are made by what is known as the national committee of each party. This committee, consisting of one member from each state, has general control over the affairs of the party. THE PLATFORM AND THE CAMPAIGN. In addi- tion to choosing the party candidates for President and Vice- President, the national convention draws up what is known as the platform of the party. This platform is a statement of the views of the party on important questions in which the people are interested. It declares what the candidates of the party will and will not do if they are elected. Unfortunately these platforms sometimes contain promises that are intended only to attract voters for the party candidates. When the election is over, those w^ho have been chosen to office do not THE EXECUTION OF NATIONAL LAWS 189 alv/ays seek to carry out the promises which their party made in its platform. The party platform is published in the newspapers through- out the land. It is freely discussed in the speeches that are made during the campaign, as the period preceding the elec- tion is called. Each party explains and upholds its own plat-j form, while it opposes and denounces the platform of the : other party. The entire campaign, which lasts up to the time of the November elections, is managed by the national party committee. THE PRESIDENTS POWERS. The President of the United States is elected for a term of four years, which term begins on the fourth of March following the election of the electors in November. Many of our Presidents have been re- elected for a second term, but it is now a fairly established custom that no President will be re-elected for a third term. The constitution and the laws of Congress grant many im- portant powers to the President and impose upon him many important duties. In the first place, the President plays an important role ir> the making of the laws of the nation. At the opening of each session of Congress, he sends to the national legislature a message in which he discusses the condition of the country and recommends the passing of certain laws. In 1913 Presi- dent Wilson adopted the plan of reading his message to Con- gress in person. This was a plan which no President had followed since the administration of Thomas Jefferson. Sometimes during the session the President sends (or reads) further messages to Congress, and at all times he keeps closely in touch with the leaders of the House and the Senate, con- sulting and advising with them as to the framing of bills. When a bill has finally passed both houses of Congress, it must be sent to the President for his signature. The constitu- tion gives him ten days in which to consider the bill. If at the. end of that time he has taken no action, the measure 190 GOVERNMENT AND POLITICS IN VIRGINIA becomes a law without his signature. Before the expiration of these ten days, however, the President may veto the bill and return it to Congress with his reasons for refusing to approve it. If Congress passes the bill again by a majority vote of two-thirds in each house, the measure becomes a law in spite of the President's disapproval. It is usually very difficult, however, to secure the two-thirds vote neces- sary to "override" the President's veto. If, after a bill has A NEW YEAR'S RECEPTION AT THE WHITE HOUSE Showing thousands of persons in line entering the White House on the occasion of the President's public reception held on New Year's Day. The large building in the foreground is occupied by the State, War and Navy Departments been presented to the President, Congress adjourns before the expiration of ten days, the bill docs not become a law without the President's signature. This is known as the "pocket veto." When Congress is not in regular session at Washington, the President is sometimes convinced that measures of im- THE EXECUTION OF NATIONAL LAWS 191 portance should be immediately enacted into laws. At such times he has authority to call a special session of the national legislature. The power of the President to send, or read, messages to Congress, to veto bills, and to call extra sessions of Congress may not seem to give him much control over the enactment of laws. In fact, however, his influence in the making of the laws is very great. He is chosen to be head of the branch of the government which merely executes the laws that Congress makes. But the fact is that he is usually elected because he and his party promise that certain laws will be enacted ; and after his election the people of the country expect him to see that these promises are fulfilled. In the second place, the President is in large part responsible for the proper enforcement of national laws, because he has the power to appoint so many of the officers who are charged with this duty. He and the Vice-President are the only national officers who are elected. All of the other officers who execute national laws are appointed. The most import- ant of these, such for instance as the heads of departments, ambassadors and ministers, the chiefs of bureaus in charge of important services, and many officers who serve in various localities, such as postmasters, district attorneys, and customs and internal revenue collectors, are nominated by the Presi- dent and approved by a vote of the Senate. In addition to these, a vast number of less important officers and employes are appointed after competitive examinations are held under the direction of a board known as the Civil Service Com- mission. In nominating many of these important officers the Presi- dent cannot always act with independence. He is influenced and controlled largely by the wishes of senators and congress- men. Especially is this true in the appointment of such officers as district attorneys, postmasters, and customs and internal revenue officers, who serve at posts throughout the 192 GOVERNMENT AND POLITICS IN VIRGINIA entire United States. Senators and- congressmen usually have great influence with the President in such appointments. The President must see that the laws of the nation are faith- fully executed. It is his duty, therefore, to see that the other executive officers are properly performing their work. This would be impossible unless the President had the power ta remove from office those who were inefficient, or who refused (Copyright, U ruler wuod & Unlcrwood) THE PRESIDENT'S OFFICE BUILDING The White House, connected with the executive offices by an esplanade, is seea in the bucl^ground to carry out the law or his orders. With the exception of a period of about twenty years in our history, the President has always exercised the important power of removing officers. Officers are removed by the President not only to secure better service in the government but sometimes also in the I THE EXECUTION OF NATIONAL LAWS 193 interest of party politics. Whenever a new President is elected by a party which has been out of power, it is usual for a number of the more important officers either to resign or to be removed from office by the President. Their places are then filled by members of the political party which has come into control of the government. In the third place, the President is the head of the govern- ment for the management of foreign affairs. He has the power, with the consent of the Senate, to appoint those diplomatic officers who are sent to represent us in foreign countries. It is he, also, who receives the diplomatic repre- sentatives who are sent by other nations to the United States. As we have already seen also, he has the power to draw up treaties with foreign nations, although these must afterwards be approved by a two-thirds vote of the Senate. The Presi- dent is thus the most important officer of the nation in the -conduct of our relations with foreign nations. In the fourth place, the President is commander-in-chief of the army and navy. This gives him large control over the appointment of army and navy officers and over the move- ments of our land forces and vessels of war. Congress has given him the power to call out the state militia in time of public danger, and the constitution places him also at the head of these forces when they are called into the service of the nation. In the fifth place, the President has power to pardon those who have committed offenses against the laws of the United States. This power is given to the President for the same reason that the Governor of our state is given the power to pardon those who have committed offenses against the laws of Virginia. THE COMMANDING POSITION OF THE PRESI- DENT. This brief enumeration of the President's powers gives a very faint conception of the great importance of his office. Many of his powers are similar to the powers that 194 GOVERNMENT AND POLITICS IN VIRGINIA are exercised in Virginia by the Governor. The President, howe\'er, exercises his powers over the whole United States, and the laws which he assists in making, and which he and his appointees execute, are the laws of the entire nation. Moreover, in addition to the ordinary powers that every Governor exercises within his state, the President has a large control over the foreign affairs of the nation and over the army and navy. He also has a much larger power over the appointment and removal of the executive officers of the nation than the Governor has over the appointment and re- mo\al of state officers. He occupies, therefore, a more im- portant position in the government of the nation than the Governor in the government of the state. As a matter of fact, he is the most commanding and powerful officer in the United States. He is directly responsible to the people who placed him in office for the faithful performance of his duties. The constitution requires that the President shall be a natural born citizen of the United States — thus excluding naturalized citizens. He must be at least thirty-five years old and must have resided in the United States for fourteen years preceding his election. THE VICE-PRESIDENT. In case the office of Presi- dent becomes vacant for any cause, he is succeeded by the Vice-President, an officer w^ho is elected at the same time and for the. same term as the President. In case both the Presi- dent and the Vice-President are unable to fill the office. Con- gress has provided by law that the heads of the several execu- tive departments shall fill the vacancy in the following order: The Secretary of State, the Secretary of the Treasury, the Secretary of War, the Attorney General, the Postmaster General, the Secretary of the Navy, and the Secretary of the Interior. Five Presidents of the United States have died in office and have been succeeded by Vice-Presidents. THE CABINET. Of course the President does not per- sonally execute many of the laws of the nation. For this w^ork THE EXECUTION OF NATIONAL LAWS 195 Congress has created a vast administrative organization, which consists of ten great departments and several important commissions or boards. Each of the ten departments has an officer at its head who is called either a "secretary" or a "general." These officers are appointed by the President, with the consent of the Senate, and they act as advisers to the President in all important matters. He not only consults them individually, but he also brings them together once or twice a week. When they come together these heads of de- partments constitute what is known as the President's Cabi- net. The President is not compelled to act upon the advice of the Cabinet, but this organization is nevertheless of great assistance to him. THE EXECUTIVE DEPARTMENTS. The central offices of the ten great departments are located in Washing- ton, where thousands of officers, clerks, and employes are engaged in carrying on the work of the government. For convenience these departments are organized into bureaus or divisions, each in charge of a chief officer who is usually appointed by the President and the Senate. It must not be thought, however, that the work of the national govern- ment is performed entirely in Washington. Practically all of the departments have numerous officers and employes who carry on the w^ork of the government in all parts of the coun- try. These scattered officers are subject to the control and direction of the departments at the national capital. THE STATE DEPARTMENT. Headed by the Secre- tary of State, this department attends to all the details of our foreign affairs. It gives instructions to our diplomatic representatives abroad and superintends all our relations with foreign governments. THE TREASURY DEPARTMENT. Headed by the Secretary of the Treasury, this department manages the financial affairs of the nation, collects its revenues, controls 196 GOVERNMENT AND POLITICS IN VIRGINIA the mints and the national banks, and pays out such money as is authorized by Congress. THE WAR DEPARTMENT. Headed by the Secretary of War, this department provides for the recruiting?, eciuip- ment, and management of the army. It controls the United States Military Academy at West Point, New York, where young men are trained for service as officers in the army. The improvement of our ri\crs and harbors is also under- taken by the engineers of this department. THE UNITED STATES TREASURY BUILDING THE NAVY DEPARTMENT. Headed by the Secre- tary of the Navy, this department provides for the navy in the same way that the War Department provides for the army. It controls the United States Naval Academy at Annapolis, Maryland, where young men are trained to be officers of the na\y. THE POST OFFICE DEPARTMENT. Headed by the Postmaster General, this department has the entire manage- ment of the United States postal service. THE DEPARTMENT OF JUSTICE. Headed by the Attorney General of the United States, this department gives THE EXECUTION OF NATIONAL LAWS 197 advice on questions of the law to the President and the other executive officers of the nation. When the United States government sues or is sued in the courts, the national government is represented by the Attorney General or by one of the United States district attorneys, who are under his <:ontrol. THE INTERIOR DEPARTMENT. Headed by the Secretary of the Interior, this department has control over a number of matters relating to the affairs within the country, such as Indian affairs, public lands, pensions, and patents. THE DEPARTMENT OF AGRICULTURE. Headed by the Secretary of Agriculture, this department collects in- formation in regard to the agricultural conditions of the country, the improvement of roads, and similar matters. As we have seen, the department has no control over these things. It is established, merely to advise and assist those who desire information. It has control also over the weather bureau, the government forest reserves, and the enforcement of the Food and Drugs Act and the Meat Inspection Act. THE DEPARTMENT OF COMMERCE. Headed by the Secretary of Commerce, this department promotes the commercial interests of the country by gathering and fur- nishing information — especially information concerning oppor- tunities for American trade in foreign countries. This de- partment also manages most of those services which regulate and assist navigation. THE DEPARTMENT OF LABOR. Headed by the Secretary of Labor, this department makes investigations and collects information that is of interest in connection with the improvement of the conditions of the laboring classes in the United States. It maintains a special bureau devoted to the interests of children who work in industry. It also supervises and enforces the immigration and naturalization laws. 198 GOVERNMENT AND POLITICS IN \'IRGINIA THE INDEPENDEXT COMMISSIONS. In addition to these ten large departments, there are in the national executive organization a few important commissions which are independent of any department. The Interstate Commerce Commission, consisting of seven commissioners, controls and regulates the interstate business of railway, telegraph, telephone, car, and express companies. The Federal Trade Commission, consisting of five commissioners, regulates the business of companies that ship goods in interstate commerce in order to prevent these companies from being unfair in their business methods. The Civil Service Commission, con- sisting of three commissioners, conducts examinations in all parts of the country for those who desire to secure positions in the service of the national government. The Federal Reserve Board, with seven members, supervises and controls the business of the twelve federal reserve banks. The Federal Farm Loan Board, consisting of five members, supervises the twelve federal land banks and assists in estab- lishing associations and banks to lend financial aid to farmers. The L'uited States Railroad Labor Board, of nine members, is for the purpose of settling disputes between railroad com- panies and their employees. The United States Tariff Com- mission, of five members, collects for Congress information about the customs duties of the United States and other countries. The F'ederal Board for Vocational Education dis- tributes to the states and local governments funds which Congress has set aside to help in developing vocational in- struction in the schools. CLASS EXERCISES 1. Do the officers of our state government execute the national laws in Virjiinia? If not, how are the national laws enforced? Explain why the national executive officers are necessarj-. 2. Who is now President of the United States? When was he elected? When did he take office? How long has he yet to serve? May he be re- elected at the end of his present term of office? THE EXECUTION OF NATIONAL LAWS 199 3. What is meant by presidential electors? How are they nomi- nated? How are they elected? What is their duty? Do you know of any one who has ever been a presidential elector? Why do we take so little interest in the choice ot presidential electors? Explain fully the original idea of the electoral college. Have the electors any independent choice in casting their vote for President and Vice-President? Explain how, in spite of the fact that we cast our vote at the polls for presidential electors, we in reality vote for one of the candidates for President. 4. How many electoral votes has Virginia? Why? Explain how the entire electoral vote of Virginia maj^ be cast for the Democratic candidate even though only a small majority of the voters in the state may vote for the presidential candidate of this party. 5. Explain how party candidates for the presidency are nominated by political parties. What is the platform? Who draws it up, and where? What is meant by the campaign? 6. Why is the President required to send messages to Congress? What is meant by his veto? How may it be "over-ridden"? When may the President call a special session of Congress? Does the President have any influence in the making of our national laws? 7. What officers of the national government are elected by the people? How are the other important officers chosen — the heads of departments, for instance, the ambassadors and ministers, the judges, the postmasters? How are most of the less important officers chosen? Suppose the Presi- dent wishes to nominate the postmaster in your community, how would he probably get the names of suitable candidates for this position? How would the appointment be made? How is the President influenced in the nominations which he makes to the Senate? 8. Why is it necessary that the President should have the power to remove cabinet and other officers? What share does the President have in making our treaties with foreign countries? What is his position in the army and navy? 9. Who may be chosen President of the United States? In case of the President's death, who succeeds him? In case of his successor's death, who would become President? 10. What is meant by the President's cabinet? What are the names of some of the present cabinet officers? Who appointed them? Who may remove them? 11. What is meant by the executive departments? How manj^ de- partments are there? Give the name of each of these departments and some idea of its business. What important independent commissions are there? CHAPTER XXIV THE NATIONAL COURTS THE NECESSITY FOR NATIONAL COURTS. It i? easy to understand the difficulties that would arise if the courts of the various states of the Union were given the sole power to explain and apply the laws of the nation. Courts in different states would explain the national laws quite differently. They might even be unfriendly to the laws passed by Congress and might refuse to enforce them. In order to avoid this confusion and weakness, the constitution provides for a system of national courts which are wholly independent of the state courts. These courts constitute the judicial department of the national government. The constitution says that there shall be one Supreme Court of the United States and as many other courts as Con- gress may see fit to establish. Congress, therefore, has by law determined what national courts shall be established in addition to the Supreme Court, and how many judges shall be ai)pointed for each court, including the Supreme Court. THE UNITED STATES SUPREME COURT. The Supreme Court consists of nine judges, or justices as they are called. One of these, the Chief Justice, presides over the court. No case can be heard by less than six of these j ustices, and a majority of those hearing the case must agree upon every judgment that is made. Almost the entire work of this court consists in hearing what are known as appealed cases. These are cases that ha\'e already been tried in the lower United States courts or in the courts of one of the states, and have been properly brought up, or appealed, to the Supreme Court for a final determination. 200 THE NATIONAL COURTS 201 The United States Supreme Court is the highest court of our nation. It is perhaps the most powerful court in the world. Its justices are men of great learning in the law and of integrity and character above reproach. A seat upon the Supreme Bench, as it is called, is one of the highest honors in the gift of the nation. Everybody in Virginia should be proud to reflect that the greatest justice this court has ever known was John Marshall of Virginia. From 1801 until the time of his death in 1835 he presided over the Supreme Court as its Chief Justice. In the opinions which he handed down during these years, he explained more clearly than anyone else the real meaning of our national constitution, and the true nature of the federal government which it created. The Supreme Court holds its sessions in the capitol at Washington. It is a solemn, dignified, and impressive court of justice. THE CIRCUIT COURTS OF APPEAL. For judicial purposes Congress has divided the entire country into nine circuits, a number of states being included in each circuit. Virginia, Maryland, West Virginia, North Carolina, and South Carolina form the fourth judicial circuit of the nation. In each of these nine circuits there is a circuit court of appeals. These courts hear cases that have been appealed from the United States district courts, and in many instances they have the power to determine these cases finally, there being no further appeal to the Supreme Court. These circuit courts of appeal were established to relieve the Supreme Court of a part of its work. In spite of the assistance which they give, the Supreme Court is greatly overburdened with the large number of cases before it. After a case has been carried to this court, it often happens that it cannot be considered for two years or more. , THE DISTRICT COURTS. The lowest and most numer- ous branch of United States courts are the district courts. In each state Congress has provided for one or more judicial 202 GOVERNMENT AND POLITICS IN VIRGINIA districts, and in each district there is a United States district court. There are in all about eighty of these district courts. X'irginia is divided into two of these national judicial districts. These are known as the Eastern and the Western Districts of \'irginia. The court of the Eastern District sits from time to time in Richmond, Norfolk, and Alexandria. The court of the Western District sits in Lynchburg, Danville, Roanoke, Abingdon, Big Stone Gap, Charlottesville, and Harrisonburg. (Copyright, Vnderwooil & Underwood) THE UNITED STATES SUPREME COURT IN SESSION The man standing in the foreground is an attorney who is arguing a case before the court THE JUDGES OF UNITED STATES COURTS. In addition to the nine justices of the United States Supreme Court, there are in each of the nine judicial circuits from two to four circuit judges, and in each of the eighty judicial dis- tricts at least one district judge. All of these justices and judges are appointed by the President with the consent of the Senate. THE NATIONAL COURTS 203 Unlike the President and Vice-President, United States judges hold office for life, or as the phrase goes, "during good behavior." This method of appointing judges for unlimited terms has one great advantage. When once he has been ap- pointed, a judge holds his office quite independently of the President and Congress. He does not have to seek re- appointment, and therefore he does not have to consider politics. He can perform the duties of his office with justice and fairness to all. THE REMOVAL OF JUDGES BY IMPEACHMENT. If a judge of one of the national courts, or some other high officer of the nation, violates the trust imposed in him, he ought not to remain in office. If, for instance, he accepts a bribe, or betrays the nation to an enemy, or commits some great crime, the people would be unwilling to have such a man continue in office. The constitution makes provision by which such an officer may be removed. This is accom- plished by convicting him upon what is known as impeach- ment. Impeachment is a kind of accusation brought against a judge or other public officer.* It is somewhat similar in character to an indictment brought by a grand jury. The national constitution gives to the House of Repre- sentatives the power to impeach any officer of the United States. The Senate is made a court for the trial of such an impeachment, and the officer who has been impeached can be convicted only by a two-thirds vote of the Senate. If con- A'icted, he may be removed from office and forbidden to hold any office of trust in the future. The House of Representatives has rarely exercised this power to bring impeachments. In 1868 President Johnson was impeached by the House; but the Senate failed to con- vict him on the charges brought against him. Only six national judges have ever been impeached, and only three of these were convicted and removed from office. 204 GOVERNMENT AND POLITICS IN VIRGINIA THE JURISDICTION OF UNITED ST A TES COURTS. The constitution itself declares what kinds of cases may be brought before the courts of the United States. It seems un- necessary to enumerate all the different classes of cases that are thus mentioned in the constitution. Some of them are in fact of very little importance. It is highly important, how- ever, to understand in general that the national courts con- sider certain important classes of cases, and the state courts other important classes. Let it be said, then, that the national courts determine cases arising under the constitution, the laws, and the treaties of the United States. For example, if one person claims that his patent or his copyright has been violated by another, he brings suit in a national court; for these are rights in which he is protected by the laws of Congress. Again, if a person is accused of counterfeiting United States money, or of stealing from the United States mails, he is tried in a national court, for these are offenses against the laws of the nation. Such cases as these do not come before the state courts, for they do not require the application of state law but of national law. Cases of one other important class are brought before the courts of the nation. Ordinarily these courts do not interpret and apply the laws of any state. This is the duty of the courts of that state. But suppose a dispute arises between two states, and one of them brings suit against the other. Naturally neither of the states would be willing to have the trial conducted in the courts of the other state. The constitu- tion provides that such a suit may be brought in the United States Supreme Court. The state of Virginia recently brought such a suit against the state of West Virginia to determine a controversy over the debt which Virginia owed at the time when West Virginia was formed into a separate state. Again, suppose a citizen of one state wishes to sue a citizen of another state. Or suppose a suit arises between a citizen of one of the states and a foreigner. In such cases as these. THE NATIONAL COURTS 205 the courts of any particular state might be inclined to favor the citizens of that state as against outsiders. It is provided, therefore, that such suits may be brought in the national courts, even though they may require the application only of state law. There are a number of other kinds of cases which may come before the national courts, but these arise much less frequently than those just mentioned. In general, therefore, the cases heard in the United States courts are: (1) those which require the application of the laws of the nation; and (2) those in which, by reason of the character of the parties engaging in the suit, the national courts may be expected to render more impartial decisions than the state courts. THE POWER OF THE SUPREME COURT TO PRO- TECT THE NATIONAL CONSTITUTION AGAINST THE ST A TES. We have seen that the United States con- stitution is the supreme law of the land, and that it imposes certain important restrictions upon the powers of the states. Now suppose a state passes a law that deprives a person of his property without paying him justly for it. Or suppose a state law provides for the collection of duties on imports. The national constitution prohibits any state from passing such laws as these. At once, therefore, a conflict arises be- tween the state law and the constitution of the nation. But the constitution, being the "supreme law of the land," must prevail over the state law. The situation is very compli- cated. How shall a man proceed who has been deprived by some state of a right in which he is protected by the national constitution? This .will depend somewhat upon the particu- lar case. It is sufficient to know that ordinarily he brings his suit in a state court and asks that court to maintain his rights under the national constitution. If the Supreme Court of the state decides that he is not protected by the na- tional constitution, he then has the right to carry his case before the United States Supreme Court. This court has the 206 GOVERNMENT AND POLITICS IN VIRGINIA power to determine the question finally, and the state is com- pelled to obey its orders. This is the usual method by which we may protect ourselves against the unlawful exercise of powers by any state. THE POWER OF THE SUPREME COURT TO PRO- TECT THE CONSTITUTION AGAINST CONGRESS. The United States Supreme Court also has the power to pro- tect us against any law which the constitution prohibits Con- gress from enacting. As we have seen, Congress can exercise only those powers that are given to it either expressly or impliedly by the terms of the constitution. If, for example. Congress should enact a law regulating the public school system of Virginia, the Supreme Court would declare the law unconstitutional and would refuse to enforce it; for Congress is not granted the power to enact such a law. . It is by their refusal to enforce certain laws of the states and of Congress that the courts have preserved the division of powers which the constitution makes between the nation and the states. For whenever the states have exceeded their constitutional powers, they have usually exercised powers that are granted to Congress, And whenever Congress has gone beyond its powers, it has usually attempted to exercise some power reserved to the states. * THE TRIAL OF CASES IN THE NATIONAL COURTS. Cases are tried before the national courts in very much the same way that they are tried in the state courts. Most of the cases in the United States district courts are tried by juries. In a civil suit, there are lawyers on both sides of the case, who argue the case before the court. In a criminal suit, the United States government is usually represented by an officer known as a United States district attorney. It is the duty of this officer to prove the guilt of the person who is accused of a crime against the laws of the nation. One dis- trict attorney is appointed in each of the eighty judicial dis- tricts. THE NATIONAL COURTS 207 CLASS EXERCISES 1. Explain why the national courts are necessary, in addition to the •courts of the states. 2. Have you ever seen the Supreme Court room in the Capitol at Wash- ington? If so, describe it. How many justices sit in this court? How often does it meet? What cases does it consider? 3. Describe the system of national courts in the United States. In what circuit is Virginia? What other states are in this circuit? How many district courts are there in Virginia? Where do these district courts sit? Why were the circuit courts of appeals established? 4. How are the national judges appointed? For what term? Why? Find out, if you can, the name of our present Chief Justice. The names of some of the other justices on the Supreme Bench. Find out, if you can, the names of some of the national judges who sit in the district court and the circuit court of appeals in Virginia. 5. What is meant by impeachment? Why is it necessary? Who has the power to bring impeachments? How must the accused officer be tried? How may he be punished? Tell about the impeachment of Presi- dent Johnson. 6. What classes of cases may be brought before the national courts? What cases come before the state courts? If you wished to defend some right granted to you by the national constitution, how would you prob- ably proceed? Who would determine your case finallj? 7. Explain how the Supreme Court protects the constitution against the states Against Congress. CHAPTER XXY NATIONAL TAXATION THE NECESSITY FOR NA TIONAL TAX A TION. Just as our state and local governnicnis find it necessary to raise a large amount of money for their support, so the national government must lia\ e n.\ iiuk' in order to maintain the many important services which it undertakes. For one of these services, the postal system, we indeed pay the government directly; but e\en in tliis department of its work, the govern- ment has often spent more than it has collected from the sale of stamps. Most of the other enterprises of the national government are undertaken at enormous expense. There must be money for the support of the army and navy, for con- structing defenses along the coasts, and for the erection at Washington of handsome national buildings, such as the Capi- tol, the White House, the Library of Congress, and the build- ings occupied by the various departments of the government. Courts must be maintained throughout the land. Salaries must be paid to the President and Vice-President, the members of Congress, the judges of the courts, the heads of depart- ments, to our diplomatic representatives abroad, and to thousands of less important officials engaged in carrying on the work of the national go\x'rnment. Before we entered the World War in 1917, the national government spent less than a billion dollars a year. It now spends annually several times that amount. This enormous increase of expenditure is due chiefly to the general rise of prices all over the world (as a result of the war) and to the huge debt which the government incurred in order to carry on the v'-^r. Indeed the interest which the government now pays 208 NATIONAL TAXATION 209 on the Liberty and other government bonds amounts to more than the entire cost of the government before the war. By the national constitution the government of the United States is given power to raise its revenue without any assist- ance or hindrance on the part of the states. We have seen how the state of \'irginia raises the money necessary for state purposes. Let us now see what are the principal sources from which the national government secures the revenue it needs. DUTIES ON IMPORTS. Almost from the beginning of our history as a nation, Congress has laid duties on imports coming from foreign countries into the United States. At first these duties were small, but today they are quite large. The revenue which the national government collects annually from these customs duties, as they are called, amounts usually to more than three hundred millions of dollars. Apparently it is the importer of these goods from foreign countries who pays the duties on them when they are unloaded at any port of the United States. In reality, however, the importer adds the amount of the duty to the price charged for his goods. We ourselves actually pay the duty in the in- creased price of gloves, silks, laces, woolen goods, and many other articles that we buy. This makes the burden of the customs duties appear much lighter, for people do not realize that they are paying these duties as a part of the price they pay for many articles. We call such a tax as this an indirect tax. It is much less difficult to collect an indirect tax than a direct tax, for those who purchase the goods and in reality bear the tax do not pay it to an officer in the form of a tax. In most cases articles manufactured abroad can be manu- factured just as well in our own country. By imposing large duties on these foreign articles they are made more expensive. High duties on imports, therefore, are known as a protective tariff, because they "protect" our home industries from articles produced more cheaply abroad. Many people in the United 2in r,o\i;R\Mi-:NT and politics i\ x'irginia States believe thai ilie tariff shoukl be kept higii; others be- lieve that it ought to be low. The Democratic party has in general favored a low tariff, believing that it is, after all, the poorer people who actually bear the burden of high duties. On the other hand, the Republican party has generally favored a high tariff, ])elieving that this would increase our manufacturing and thus promote liusiness and prosperity. INTERNAL REVENUE: EXCISE TAXES. The money that is raised by all the national taxes except duiics on im- ports is generally called internal revenue; for, unlike duties on imports, these taxes are laid upon goods and other things within the United States. There are several different kinds of internal revenue taxes. One of these is known as excise taxes. These are taxes imposed upon the manufacture of certain articles such as cigars, cigarettes, beverages of various kinds, candy, automobiles, boats, cameras, rugs, trunks, jewelry, and so on. Before prohibition a large revenue was alvSO secured from taxes on the manufacture of liquors. Like the customs duties, excise taxes are also indirect taxes. They are not borne by the manufacturer who pays them. To the price of his articles the manufacturer adds the amount of the excise tax, and ilie purchaser pays the tax in the increased prices of these articles. INTERNAL REVENUE: INCOME TAXES. As we have seen, the sixteenth amendment to the national constitu- tion permits Congress to le^•y income taxes. These are taxes imposed on all persons and corporations in the country and are based upon the amount of their annual incomes. How- ever, those whose incomes are less than one or two thousand dollars are not required to pay this tax. The income tax is 1)\' far the most productive source of revenue of the national government. It has sometimes yielded more than three I)illi()n dollars in a single year. It is difficult to see how the immense increase in the expenditures of the government as a result of the World War could ha\-e been met, if Congress NATIONAL TAXATION 211 had not the power to levy income taxes. Many people be- lieve, moreover, that this is the most just form of taxation possible, since a person's income is the best test of his ability to pay. INTERNAL REVENUE: OTHER TAXES. The na- tional government also levies taxes upon the estates of persons who die leaving a large amount of property. There is, how- ever, no national tax on small estates. Taxes are also im- posed on telegraph and long distance telephone messages, on admissions to theatres and other places of entertainment, on membership dues in social clubs. License taxes are imposed on billiard rooms, upon pawnbrokers, custom house brokers, ship brokers, stock brokers, on tobacco manufacturers, as well as on theatres, shooting galleries, and circuses. Stamp taxes are imposed on deeds conveying real estate, on promis- sory notes, on ocean passenger tickets, and on insurance policies. A heavy tax is also imposed on persons who employ child labor. During the war other national taxes were im- posed on a number of other things. Indeed our national tax laws are changed in some important respects almost every year. CUSTOMS AND INTERNAL REVENUE OFFICERS. For the collection of the customs duties the national govern- ment has established customs houses in all the important sea- ports and border towns of the United States. The officers who collect other national taxes are known as internal revenue officers. They are scattered throughout the country in many important cities. Customs and internal revenue officers are under the control of the national treasury department. RELATION BETWEEN NATIONAL AND STATE TAXATION. Both the states and the national government are prohibited by the constitution from laying duties on ex- ports from the United States; and the states are also forbidden to lay any duties on imports. Nor do the states as a rule lay excise taxes upon the manufacture of tobacco and other 212 r.OVERNMEXT AND POLITICS IX VIRGINIA articles, although tlu'\' niiiiht levy such taxes if they wished to do so. OiiK' a few of the states (including \'irginia) levy taxes on incomes; hut many states impose taxes on the estates of persons who die. A few states also levy taxes similar to certain oihir national taxes. On the whole, however, most of the states do not secure much of their revenue from sources used by the national i;()\cTiinu'nt. On the other hand, the national government does not lay taxes on real estate, personal property, or franchises; nor does it impose poll taxes; and only in a few instances license taxes. These, as we have seen, are among the chief sources of our state and local revenues. It is clear, therefore, that the methods by w'hich the government of the nation and the governments of the states secure their respective revenues are for the most part finite distinct. This has its advantages, for if taxes were laid by both governments on the same things, it might result in excessive taxation. RESTRICTIONS ON THE TAXING POWER OF CON- GRESS. In the exercise of its taxing power, the constitu- tion places two important restrictions upon the national government. In the first place, direct taxes must be appor- tioned among the states according to their population. The result of this restriction is that Congress has seldom attempted to levy a direct tax. It is far too difficult to apportion such a tax among the states. For example, suppose Congress should attempt to lay a tax on land. This would be a direct tax, for the owner of the land would himself bear the tax. Such a tax would have to be distributed amOng the forty- eight states according to their population. This would necessitate a different rate of taxation in each ot the states and would require an army of officers to superintend its collection. The second restriction on the taxing power of Congress is found in the requirement of the constitution that "all duties, imports, and excises shall be uniform throughout the Ihiited NATIONAL TAXATION 213 States." This means' that Congress may not levy a duty on imports brought into New York and refuse to levy the same duty on similar imports brought into Norfolk or San Francisco. No preference can be given to the ports of one state over those of another. Nor may Congress impose any other kind of tax on one person or thing and refuse to impose a like tax on another person or thing similarly situated. THE BURDEN OF NATIONAL TAXATION. Since the United States entered the World War our national taxa- tion has been very burdensome. This was unavoidable. War is frightfully costly. We spent millions of dollars every day. We must now pay off the enormous debts that we in- curred ; and we must in addition carry on all the regular work of the government. W'e can do this only if we pay large taxes. Even with burdens that appear to be heavy, we are far better off than the European nations that fought the terribly destructive war of 1914-1918. CLASS EXERCISES 1. Who is the postmaster at your post-office? Who pays him for liis services? Is there a rural free dehvery in your community? WTio pays the carrier for his services? How is postal service supported? 2. Who pays for the support of our army? For the building of our battleships? For the construction of coast defences, like Fortress Monroe? Who pays the salaries of the President, the members of Congress, our diplomatic representatives, and all the other officers of the national gov- ernment? Mention other services undertaken by the United States government which require large expenditures of money. How is this money secured? Explain, then, how we as a people are benefited by the taxes paid to the national government. 3. Find out from your father or some other person in your community whether he pays any taxes directly to the national government. 4. What are imports? Suppose an importer buys gloves in London for one dollar a pair and paJ^s on each pair imported to the United States a duty of sixty cents; what would these gloves probably sell for in American .shops? Suppose you buy a pair of them, who pays the duty of sixty cents? Do you realize that you are paying it? Do you pay it directly to the gov- 214 GOVERNMENT AND POLITICS IN VIRGINIA criiiiR'Ht? Who pays it to the povcrnmont colloctnr? What kind of tax is this called, and why? f). \\ hy does the United States governniciit jjlace large duties on im- ports? Why is this called a '•protertive tariff"? Explain fully how our protective tariff is meant to encourage home manufactiires. 6. Have you ever seen a government stamp on a cigar box? How is this stamp placed, and what does it mean? On the manufacture of what article besides tobacco arc excise taxes levied? Why does the national government place taxes on the manufacture of these articles? 7. Suppose it costs a manufacturer two dollars to make a box of cigars, and suppose the United States government places an excise tax of fifty cents on each l)ox that he makes; what would this l)ox probably sell for in the shops? ^^■ho pays the tax of fifty cents? Wliat kind of tax is this called, and why? 8. What is the national income tax? Estate taxes? Stamp taxes? 9. Exi)Iaiii how our national government and our state government secure their revenues from different sources. What is the advantage of this? 10. W^hat are the two great principles of national taxation? What difficulty would the government of the United States meet if it laid a tax on real estate? Suppose a New York inii)orter pays a duty of three dollars a yard on lace worth five dollars a yard; what duty will a Norfolk or New- port News importer pay for the same lace? 11. ^\■ho has the power to imj)ose these duties and taxes? Who determines how the money that is raised Ijy these means shall be ex- pended? CHAPTER XXVI THE GOVERNMENT AND THE CITIZEN A SUMMARY. In the preceding pages we have learned that our government is estabHshed, first, for the purpose of making and enforcing certain rules that protect us in our rights and in the pursuit of our desires, and, second, for the purpose of supplying certain services which we as individuals could not supply for ourselves. We have seen that govern- ment in the United States is established and maintained by the people themselves. We have seen, further, that ours is a somewhat complicated system of government — that cer- tain functions are performed by our national government while certain other functions are performed by the govern- ment of our state, and that within our state there are the governments of our local communities, such as counties, cities, and towns, which local governments are subject to the control of the central government of the state. The object of our study has been that we might understand what these several branches of our government are attempting to do for us, how they assist us in the living of our lives, and how they are organized and operated for this purpose. THE DEVELOPMENT OF INDIVIDUAL RIGHTS UNDER THE LAW. The rules, or laws, which the gov- ernment makes and enforces impose restrictions upon each, of us; but these restrictions are both reasonable and neces- sary. We must allow the government to restrict us because the rights of others must be considered and protected. We must compel the government to restrict others because our own rights must be considered and protected. It is thus by restricting the liberties of all of us in certain respects that everybody knows what his own rights are and what his legal 215 216 GOVERNMENT AND POLITICS IN VIRGINIA obligations are toward his fellowmen. In other words, the reasonable rights of every person are thus protected against the unreasonable demands or desires of every other person. It must not be thought, however, that our rights under the law remain ahvajs the same. They are, on the contrary, subject to change from time to time, as new conditions arise or as people alter their ideas about the reasonableness or justice of this or that law. We have seen, for example, that there was a time when persons were punished for their failure to belong to and support a particular church. Long ago the peojile derided that this was unjust — that the government had no right to regulate such a matter as this. They there- fore repealed the laws on this subject and restored to every person the right of freedom of religion. Again, there was a time when most of the colored people in Virginia and the rest of the Southern states were held in slavery and enjoyed, in consequence, few personal rights. But as a result of the War Between the States slavery was abolished, and the colored people were given the same rights under the law that white people enjoy. In spite of the terrible trial of the war, there is probably no thinking person in the South today who would wish to see the rights of these people taken away from them and the institution of slavery restored. Again, it was only a short time ago when every person in Virginia had the right to buy and sell intoxicating liquors; but this right has now been taken away because the people of the country thought it best for the interests of all that ever>'body should be deprived of this right. To cite only one other instance, there was a time many years ago when persons who could not pay their debts were thrown into prison. The people finally came to realize not only that this form of punishment was often cruelly unjust but also that it actually prevented the person who was thus imprisoned from earning money with which he might be able to pay off his debts. Illustrations of this kind might be mentioned almost in- THE GOVERNMENT AND THE CITIZEN 217 definitely; but this seems unnecessary. Suffice it to say that at the present time we enjoy numerous rights which were formerly denied by the law. On the other hand, we are de- prived by the law of many rights which our forefathers en- joyed. And this is as it should be. The conditions under which people live and their views about rights and justice are constantly, though gradually, changing. It is natural, therefore, that they should also change the laws in which these rights and views are embodied. These changes in the laws are not usually made suddenly; they are, on the con- trary, made rather slowly. The point to remember is that our rights over against our fellowmen and our duties tow^ard them do not remain fixed and stationary. Our government is a living thing; and like all living things it grows and develops. It would be a mistake to assume that our obligations toward those with whom we come in contact are regulated entirely by laws. It is only the most important of our rights and duties that the government seeks to control by laws. We have many duties toward our families and our neighbors that we perform, not because the law commands them, but from a sense of kindness and consideration or because we appreciate and understand the difference between right and wrong conduct. If we were content to do for one another only those things which the laws positively require, we should indeed live very wretched community lives. THE DEVELOPMENT OF GOVERNMENTAL SER- VICES, Just as our rights under the law are subject to gradual change, so in the course of time has the government gradually undertaken to perform more and more services for the benefit of the people. A century or more ago the govern- ment, for example, constructed very few roads and provided no schools. In cities the government did not maintain or- ganized police forces nor fire departments. It did not light and pave and clean the streets, nor remove sewage and ga rbage and ashes and rubbish from the people's homes. It did not 218 G0VP:RNMENT and politics in VIRGINIA furnish water nor provide parks. In the course of time, how- ever, the government began to furnish one after another of these services; for the people came to reahze how important they were to the welfare of the community, and it seemed appropriate that the government itself should establish and maintain them for the benefit of all. It is probable, moreover, that as time goes on the govern- ment will undertake other services for the common well- being of the people. What these services may be we do not know. Certainly the government will not be likely to rush in and undertake services that are being satisfactorily car- ried on by private indixiduals or companies. THE DEVELOPMENT OF THE SUFFRAGE. We have had occasion to note. that the people participate in the establishment and maintenance of the government chiefly by casting their ballots at primary elections, when the party candidates are chosen, and at the regular elections, when the officers of the government are chosen from among the party candidates. W^e have observed, too, that not all the people are permitted to vote — that the children and illiterate men and women are excluded from this privilege. While the num- ber of persons that are thus excluded in \'irginia is still large, it is by no means so large, in proportion to the population of the state, as it formerly was. Time was when in most of the states only those could vote or hold office who owned a cer- tain amount of property and who belonged to a particular church. These qualifications were, however, finally removed ; and the suffrage was extended to practically all men and quite recently to all women also. It was only in 1902 that an edu- cational qualification was introduced in Virginia and that the requirement of the payment of poll taxes was made more rigid. These qualifications, which are at the present time found in only a few states of the Union, naturally reduce the number of those who may vote in Virginia. In practically all (.){ the states of the Union every resident adult citizen is THE GOVERNMENT AND THE CITIZEN 219 entitled to vote; and in a number of states this privilege has been extended also to women. In other words, it is simply a fact that, for the most part, suffrage qualifications have been gradually reduced in the United States, and that in consequence more and more people have been able to partici- pate in the government by exercising the right to vote. It must be remembered, however, that the people of each state have the power to determine who shall vote in that state. They may even determine who shall vote in the state for con- gressmen and senators and presidential electors; for the na- tional government has no power to fix the qualifications for suffrage even in national elections. OUR RESPONSIBILITY TO TWO GOVERNMENTS. In the beginning of our history as a nation there was con- siderable rivalry between the national government and the governments of the several states, and there was to some ex- tent a feeling of di\ided loyalty on the part of the people. This rivalry lasted for many years, and even at the present time many people think that the powers of the states should be carefully and jealously guarded. Others believe that the national government should be given much larger powers than it now enjoys. In spite of this difference of view, everybody now recognizes that there is no longer any question of loyalty involved in this difference. Whether this or that power should be taken away from the states and given to the national government or should be taken away from the national government and given to the states is simply a question of policy. In other words, it is a question as to which of these branches of our government could probably exercise the particular power for the best interests of the people. It is not a question of our greater devotion to our state or to our national government. In many respects the government of our country or city Is closer to us than the central government of our state ; and the government of our state is closer to us than that of our nation. 220 GOVERNMENT AND POLITICS IN VIRGINIA We should not, however, be mislead by this. All of these governments are simply parts of a great whole. Each of them helps us in its own way and within its own sphere of powers. We should be interested in and loyal to each of these governments. We should take pride in the develop- ment of our county, our town, or our city; and we should desire to see it have the best government that is possible. As Virginians we have every reason to be proud of our splen- did state. We should never fail to remember, howc\er, that the people of the United States are one people. We should be happy to know that above all else we are American citi- zens. OUR DUTY AS AMERICAN CITIZENS. It is of the utmost importance for each of us to realize that he has a personal part in the scheme of government which we have been studying. All the branches of our government belong to us. Our forefathers created them and we have preserved them. Whether our government, in our community, our state, or our nation, is gcjod and effective or is bad and in- effective depends wholly upon us. It is for this reason that we should understand why our government is established, how it is organized and operated, and what are the ideals that it is seeking to work out for our benefit. Nearly every day the several branches of our government are settling important questions that are, either directly or indirectly, of importance to every one of us. These ques- tions are discussed in our newspapers and magazines. They are the subject of con\ersation among intelligent men and women. Many of them can be understood by intelligent boys and girls. All of us should be interested in them. We should study them and try to understand them. We cannot do this, however, unless we have taken time to study and understand the principles of our government. Let each of us bear in mind that the government will not run itself. If we stand aside, absorbed in our own affairs, and let the THE GOVERNMENT AND THE CITIZEN 221 government take care of itself, it will surely fall into the hands of corrupt men, who will take advantage of the people's indifference and will use the people's money without regard for the people's interests but for their own selfish ends. If we are to have good government, the people — that is, you and I — must not only understand the government but must also be watchful, interested, and willing to assist in every possible way. How can we assist? We can study the principles of our government. We can study and endeavor to understand the questions which our government has to face and decide. We can inform ourselves in regard to the candidates who are seek- ing office, so that we can cast our votes with intelligence. We can use our influence to get the best men nominated for, and elected to, office. When our country needs us, whether to serve on a grand jury or to cast our ballot, or to hold office, or to defend the nation in time of war, we can respond with patriotism and devotion. We can pay our taxes willingly, realizing that the government cannot exist and perform all of its necessary and invaluable services unless it has the money with which to meet expenses. We can obey the laws cheer- fully, even though we are occasionally inclined to believe that this or that law is unwise or unjust. These are some of the more commonplace duties which every good American citizen owes to himself and his fellow citizens. But this is not all. It is not sufficient that we do our duty directly in the matter of carrying on and furthering the interests of the government itself. On more than one occasion in the course of our study we have had occasion to note that the responsibility for the progress and development of a community does not rest wholly upon the government. The government cannot do everything that the community needs. W^e as individuals and in our private societies and associations can and ought to do not only many things to help the government but also many things for the better- 222 GOVERNMENT AND POLITICS IX \IRGINIA merit of our community which the government does not under- take at all. Some men and women do nothing for their com- niiiiiity except to cast their votes on election days. Some do not cwu do that. Some people do nothing for their com- munity either because they are indifferent, or because they think that everything should be done by the government itself, or because they have never stopped to think of the many ways in which they might be of assistance. Such per- sons are not making the best of their opportunities. They are not living up to the high ideal of citizenship of which they are capable; for this ideal means that we must recognize our responsibilities in return for the privileges that we enjoy by reason of our comnuuiity life. If we do nothing more, we can at least be energetic and industrious, and thus by our own progress promote the progress of our community. We can at all times be considerate of the rights of others. We can be honest with, and kind to, our fcllowmcn. And we can greatly improve the appearance of our community by im- proving the appearance of our own property. Perhaps of all American citizens the citizen who has been born on foreign soil but has become naturalized in this coun- try owes the greatest amount of loyalty and devotion to the government. We have received him gladly and made him one of us. He has voluntarily accepted our hospitality as a nation. He should show his appreciation by his interest in everything that makes for the betterment of the community in which he has chosen to live; and in time of stress, when perhaps the American nation has been brought into disagree- ment with some foreign nation, even though that nation be the one under which he was born, his loyalty to America, the country of his voluntary adoption, should be above the possibility of criticism. APPENDIX THE CONSTITUTION OF THE UNITED STATES Preamble We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the com- mon defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this con- stitution for the United States of America. Article I. Legislative Department Section I. Congress in general All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Repre- sentatives. Section II. House of Representatives 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. 2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that iState in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined b}^ adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. ' The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirtj^ thousand, but each State shall have at least one Representative; and until such enumeration 1 Part in italics is no longer in effect. 223 224 GOVERNMENT AND POLITICS IN VIRGINIA shall be made, the Staie of New Hampshire shall be entitled to choose three,' Massachusetts, eight; Rhode Island and Providence Plantations, one; Con- necticut, five; N(uv York, six; A^ew Jersey, four; Pennsylvania, eight; Dela- ivare, one; Maryland, six; Virginia, ten; North Carolina, five; South Caro- lina, five; and Georgia, three. ' 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacan- cies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. Section III. Senate 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof,^ for six years; and each Senator *:hall have one vote. 2. Immediately after the\' shall be assemhled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class, at the exi)iration of the fourth year, and of the third class, at the expiration of the sixth j'car, so that one third may be chosen every second year; and if vacancies happen by resignation or otherwise during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legis- lature, U'ldch sh(dl then fill such vacancies.^ 3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inha})itant of that State for which he shall be chosen. 4. The Vice-Pre-sident of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choo.se their other officers, and also a President pro tempore in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. A\'hen sitting for that purpose, they shall be on oath or affirmation. When the President of the I'nited States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two thirds of the meiii};ers present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of 1 Part in italics is no longer in effect. 2 Part in italics i.s no longer in effect. See Amendment XVII. CONSTITUTION OF THE UNITED STATES 225 honor, trust, or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law. Section IV. Both Houses 1. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by- law appoint a different day. Section V. The Houses separately 1. Each house shall be the judge of the elections, returns, and qualifi- cations of its own members, and a majority of each shall constitute a, quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. 2. Each house may determine the rules of its proceedings, punish its- members for disorderly behavior, and, with the concurrence of two thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy, and the yeas and nays of the members of either house on any question, shall, at the desire of one fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the con- sent of the other, adjourn for more than three da3's, nor to any other place than that in wluch the two houses shall be sitting. Section VI. Privileges and disabilities of members 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law and paid out of the treasury of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the- 226 GO\'KRNMENT AND POLITICS IN VIRGINIA United States, which shall liave been creatcii, or the cinoluinents whereof shall have been increased duriufj; such time; and no person holding any office under the United States shall be a member of either house during his con- tinuance in office. Section VII. Mode of passing laws 1. All bills for raising revenue shall originate in the House of Repre- sentatives; but the Senate may jjropose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the ol)j(K;tions, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the per- sons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President with- in ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shal not be a law. 3. Every order, resolution, or vote to which the concurrence of the Sen- ate and House of Representatives may be no(!Cssary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed l)y two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Sectio)^ 17//. Powers granted to Congress The Congress shall have power: 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States; 2. To borrow money on the credit of the United States; 3. To regulate commerce with foreign nations and among the several States, and with the Indian tribes; CONSTITUTION OF THE UNITED STATES 227 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughoiit the United States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7. To establish post offices and post roads; 8. To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their re- spective writings and discoveries; 9. To constitute tribunals inferior to the Supreme Court; 10. To define and punish piracies and felonies committed on the high seas and offenses against the law of nations; 11. To declare war, grant letters of marque and reprisal, and make rules- concerning captures on land and water; 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; 13. To provide and maintain a navy; 14. To make rules for the government and regulation of the land and naval forces; 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrection, and repel invasions; 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the dis- cipline prescribed by Congress; 17. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places pur- chased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. Section IX. Powers denied to the United States 1. The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Con- 228 GOVERNMENT AND POLITICS IN VIRGINIA {jress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such im/mrtatioN, not exceeding ten dollars for each person. ' 2. The i)rivile!ie of the writ of habeas corpus shiill not be suspended, unless when in ciscs of rebellion or invasion the i)uhlio safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other (Hrect tax shall be laid, unless in proportion to the census or enumeration hereinbefore flireoted to be <^aken. 5. No tax or duty shall be laid on articles exported from any State. 6. No preference shall be given by any regulation of commerce or reve- nue to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or i)ay duties in another. 7. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 8. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. Section X. Powers denied to the States 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any- thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, cr post facto law, or law impairing the obligation of contracts, or grant any title of nobility. 2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. 3. No State shall, without the con.sent of the Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or en- gage in war, unless actually invaded or in such imminent danger as will not admit of delay. 1 Part in -talics is no longer in effect. CONSTITUTION OF THE UNITED STATES 229 Article II. Executive Department Section I. President and Vice-President 1. The executive power sliall be invested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice-President, chosen for the same term, be elected as follows : 2. Each State shall a})point, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. The electors shall meet in their respective States and vote hy ballot jor two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the member of votes for each; which list they shall sign and certify, and trans- mit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest jiumber of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal n umber of votes, then the House of Representatives shall immedi- ately choose by ballot one of them for President; and if no person have a ma- jority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall co7isist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice- President. ^ 4. The Congress may determine the time of choosing the electors and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, ^ shall be eligible to the office of the President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been four- teen years a resident within the United States. 1 Part in italics is no longer in effect, but has been superseded by Amendment XII. 2 Part in italics is no longer in effect. 230 GOVERNMENT AND POLITICS IX VIRGINIA 6. In case of the roinoval (»f tho Prcsidoiit from offifo, or of his death, resignation, or inability to dLscharge the powers and duties of the said of- fice, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer sliall act accordingly until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a com- pensation, which shall neither be increased nor diminished during the per- iod for which ho sliall have been elected, and he shall not receive within that period any other emolument from the United States or any of them. 8. Before he enter on the execution of his office he shall take the follow- ing oath or affirmation: "1 do soleiimly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of ny ability pre- serve, protect, and defend the constitution of tlie United States." Section II. Poiccrs of ihc President 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States; he may require the opinion,, in writing, of the priiicijial officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have the power to grant reprieves and pardons for offenses against- the United States, except in cases of impeachment. 2. He shall have power, 1)y and with the advice anfl consent of the Sen- ate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Sen- ate, shall appoint aml)assadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise i)rovidcd for, and which shall be estaWished by law; l)ut the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may haf)pen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Section III. Dnlicn of (he President He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he CONSTITUTION OF THE UNITED STATES 231 shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement be- between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section IV. Impeachment The President, Vice-President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, briberj% or other high crimes and misdemeanors. Article III. Judicial Department Section I. United States Courts The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. Section II. Jurisdiction of United States Courts 1. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting arn- bassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects. ^ 2. In all cases affecting ambassadors, other public ministers and con- suls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. 1 Amended in one respect by Amendment XI- 232 G0VP:RNMENT and politics in VIRGINIA 3. The trial of all crimes, except in cases of iinpcachment, shall he by jury; and such frial shall ho held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section HI. Treason 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall l)(> convicted of treason unless on the testimony of 1>wo witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blootl or forfeiture except during the life of the person attainted. Aktxcles IV. Genekal Provisions Section I. State records Full faith and credit shall be given in each State to the public acts, rec- ords, and judi(;ial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section II. Privileges of citizens, etc. 1. The citizens of each State shall be entitled to all privileges and im- munities of citizens in the several States. 2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No person held to service or labor in one State, under the laws thereof, escajring into another, shall, in consequence of any law or regulation therein, be discharged from, such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. ^ Section III . New States ami Territories 1. New States maj' be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress. 1 Part in italics is no longer in effect because of Amendment XIII. CONSTITUTION OF THE UNITED STATES 233 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other proy)erty belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States or of any particular State. Section IV. Guarantees to the States The United States shall guar;vnt«c to every State in this Union a repub- lican form of government, and shall protect each of them against invasion, and on application of the legislature, or of the Executive (when the legis- lature cannot be convened), against domestic violence. Article V. Power of Amendment The Congress, whenever two thirds of both houses shall deem it nee" essary, shall propose amendments to this constitution, or, on the applica- tion of the legislatures of two thirds of the several States, shall call a con- vention for proposing amendments, which in either case shall be valid to all intents and purposes as part of this constitution, when ratified by the legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment tvhich may he made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and^ that no State, without its consent, shall be deprived of its equal suffrage in the Senate. Article VI. Miscellaneous Provisions 1. All debts contracted and engagements entered into, before the adop- tion of this constitution, shall be as valid against the United States under this constitution as under the Confederation. 2. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, and the mem- bers of the several State legislatures, and all executive and judicial officers both of the United States and of the several States, shall be bound by oath or affirmation to support this constitution; but no religious test shall ever be required as a qualification to any office or pubUc trust under the United States. 1 Part in italics is no longer in effect. 234 GO\KRXMENT AND POLITICS IN VIRGINIA Article \'II. 1^\tification of the Constitution The ratification of the conventions of nine States shall be sufficient for the establishment of this constitution between the States so ratifying the same. Done in convention by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord, one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names. George Washington, President, and Deputy from Virginia. New Hampshire — John Langdon, Nicholas Oilman. Massachusetts — Nathaniel Gorham, Rufus King. Connecticut — William Samuel Johnson, Roger Sherman. New York — Alexander Hamilton. New Jersey — William Livingston, David Brearley, William Paterson, Jonathan Dayton. Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouvcrneur Morris. Delaware — George Read, Gunning Bedford, Jr., John Dickinson, Richard Bassett, Jacob Broom. Maryland — James McHenry, Daniel of St. Thomas Jenifer, Daniel Car- roll. Virginia — John Blair, James Madison, Jr. North Carolina — William Blount, Richard Dobbs Spaight, Hugh William- son. South Carolina — John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia — William Few, Abraham Baldwin. Attest: William Jackson, Secretary. AMENDxMENTS^ Article I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. 1 The first ten amend mentB were proposed by Congress, September 25, 1789, and declared in force December 15, 17'Jl. CONSTITUTION OF THE UNITED STATES 235 Article II A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Article III No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be pre- scribed by law. Article IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be vio- lated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Article- V No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Article VI In all criminal prosecutions the accused shall enjoy the right to a speedy and. public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accu- sation; to be confronted with the witnesses against him; to have compul- sory- process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Article VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United Sta^^es, than according to the rules of the common law. 236 GOVERNMF.XT AND POLITICS IN VIRGINIA Article VIII Excessive bail shall not he rec|iiire(l, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article IX The enumeration in the constitution of certian rights shall not be con- strued to deny or disparage others retained by the people. Article X The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people. Article XI ' The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state. Article XII ^ 1. The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinc^t ballots the person voted for as Vice-President, and they shall make distinct lists of all per- sons voted for as President and of all persons voted for as Vice-President, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certifi- cates and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such numi)er be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not ex- ceeding three on the list of those voted for as President, the House of Rep- resentatives shall choose immediately, by ballot, the President. But in choosing the President the votes shall be taken by States, the representa- tion from each State having one vote; a quorum for this purpose shall con- sist of a member or members from two thirds of the States, and a majority 1 Proposed by Congress March 5, 1794, and declared in force January 8, 1798. 2 Proposed by Congress December 12, 1803, and declared in force September -5, 1804. CONSTITUTION OF THE UNITED STATES 237 of all the States shall be necessary to a choice. And if the House of Rep- resentatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. 2. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-Presi- dent; a quorum for the. purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be neces- sary to a choice. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Article XIII ^ 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall e.xist within the United States or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation. Article XIV ^ 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 2. Representatives shall be apportioned among the several States ac- cording to their respective numbers, counting the whole number of persons in eac}\ State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the e.xecutive and ju- dicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one j'ears of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens 1 Proposed by Congress February 1, 1865, and declared in force December 18, 1865. 2 Proposed by Congress June 16, 1866, and declared in force July 28, 1868. 238 GOVERN i\I EXT AND POLITICS IN \IRGINIA sliall bear to the whole number of male citizens twenty-one years of age in such State. 3. No person shall be a Senator or Roprosontative in Conpress, or elector of President and Vice-President, or hold any office, civil or military, under the United States or under any State, who, havinp; previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the constitution of the ITnited States, shall have en- gaged in insurrection or rebellion against the same, or given aid ot* comfort to the enemies thereof. But Congress may, by a vote of two thirds of each house, remove such disability. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in siijiyiressing insurrection or rebellion, shall not be questioned. But neither the I'nited States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, ol)ligations, and claims shall I)e held illegal and void. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Article XV ^ 1. The right of citizens of the Ignited States to vote shall not be denied or abridged bj' the United States or by any State on account of race, color, or previous condition of servitude. 2. The Congress shall have power to enforce this article by appropriate legislation. Article XVI - The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. Article XVII'^ 1. The Senate of the United States shall be composed of two Senators from each State, elected by the i)eople thereof, for six years; and each Sen- ator shall have one vote. The electors in each State shall have the quali- fications requisite for electors of the most numerous branch of the State legislatures. 1 Proposed by ConRress February 20, ISOO, and declared in foree March .30, 1870. 2 Proposed by Congress July 12, 1009, and deelarcd in for<'e February 2.5, 1913. 3 Proposed by Congress June 12, 1912, and declared in force April 8, 1913. CONSTITUTION OF THE UNITED STATES 239 2. When vacancies happen in the representation of any State in the Senate, the executiv^e authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Consti- tution. Article XVIII ^ 1. After one j'^ear from the ratification of this article the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territories subject to the jurisdiction thereof for beverage purposes is hereby prohibited. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Article XIX" 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. 2. Congress shall have power, by appropriate legislation, to enforce the provisions of this article. 1 Proposed by Congress December 18, 1917, and declared in force January 29, 1919, and in effect from January 16. 1920. 2 Proposed by Congress June 4, 1919, and declared in force August 26, 1920. APPENDIX THE COXSTITrTIOX OF VIRGINIA. ^ Wherkas, pursuant to an act of the Goneral Assembly of Virginia, ap- proved March the fifth, in the year of our Lord nineteen liundred, the question, "shall there be a convention to revise the Constitution and amend the same?" was submitted to the electors of the State of Vir{j;inia, qualifietl to vote for meml)ers of the General Asseml)ly, at an election held throufih- out the State on the fourth Thursday in May, in the year nineteen hun- dred, 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, Whp:ki;as, the General Assen)bly at its next session did |)rovide by law for the election of delegates to such convention, in pursuance whereof the members of this convention w^ere elected by the good people of Vir- ginia, 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 gov- ernment of the Commonwealth. Article I. Bill of Rights A DECLARATION OF RIGHTS, made bij 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 and foundation of govern- ment. Equality and rights of men 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, i)y any compact, dei)riv(! 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. People the source of power 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. 1 This Constitution was framed by a convention whifh assembled in Rielimond,.June 12, 1901, and .adjourned June 2ti. IDOL'. It was proelainu'd by the convention .June 0, 1902, and went into effect on July 10, 1902. Amendments since 1902 arcindicated by foot-notes. 240 CONSTITUTION OF VIRGINIA 241 Government instituted for common benefit 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 capa- ble 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 inde- feasable right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal. No man entitled to exclrisive emoluments or privileges; offices not to be hereditary 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. Legislative, executive and judicial departments of States should he separate; elections should be periodical 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 va- cancies be supplied by regular elections, in which all or any part of the form- er members shall be again eligible, or ineligible, as the laws may direct.' Elections to be free Sec. 6. That all elections ought to be free; and that all men, having suffi- cient evidence of permanent common interest with, and attachment to, the communit}^, have the right of suffrage, and cannot be taxed, or de- prived 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. Laws should not be suspended 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 injujious to tjaeir rights, and ought not to be exercised. 242 GOVERNMENT AND POLITICS IX VIRGINIA Concerning criminal prosecutions generally Sec. 8. That no man shall he deprived of his»hfe, or hberty, except by the law of the land, or the judgmcMit of his peers; nor shall any man be comppllod in any criminal jiroccodinfi to give evidence against himself, nor be put twice in jcopunlv for the same offence, but an appeal may be allowed to the Commonwealtli 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 wit- nesses, to call for evidence in his fa\^)r, and to a speedy trial by an impar- tial 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 jjerson 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 punisliable by death, or confinement in the penitentiary, upon a plea of not guilty, with the consent of the ac- cused, 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 confine- ment in the penitentiary, by a justice of the peace, without jury, preserv- ing 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 of- fences not punishable by death, or confinement in the penitentiary, and may classify such cases, and prescribe the number of jurors for each class. Excessive bail or fines and cruel and unicsual punishments prohibited Sec. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. General warrants of search or seizure prohibited Sec. 10. That general warrants, whereby an officer or messenger may be commanded to search suspected j)laces without evidence of a fact com- mitted, 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. No person to be deprived of property without due process of law; trial by jury to be held sacred Sec. 11. That no person shall be deprived of his property without due process of law; and in controversies respecting property, and in suits be- CONSTITUTION OF VIRGINIA 243 tween man and man, trial by jury is preferable to any other, and oughti 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. Freedom of the press and of speech Sec. 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but l)y despotic governments, and any citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. Militia the proper defense of a free State; standing armies should he avoided; military should be subordinate to civil power Sec. 13. That a well-regulated militia, composed of the body of the peo- ple, 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 libert}^; and that in all cases the military should be under strict subordi- nation to, and governed by, the civil power. Government should he uniform Sec. 14. That the people have a right to uniform government; and, therefore, that no government separate from, or independent of, the gov- ernment of Virginia, ought to be erected or established within the limits thereof. Qualities necessary to preservation of free government Sec. 15. That no free government, or the blessing of liberty, can be pre- served to any people, but by a firm adherence to justice, moderation, tem- perance, frugality and virtue, and by frequent recurrence to fundamental principles. Religious freedom 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 practifce Christian forbearance, love and char- ity towards each other. Construction of the Bill of Rights Sec. 17. The rights enumerated in this Bill of Rights shall not be con- strued to limit other rights of the people not therein expressed. 244 GOVKRXMEXT AND POLITICS IN VIRGINIA Article II. Elective Franchise and Qualifications for Office Qualifications of voters Sec. 18. Every male citizen of the United States, twenty-one years of age, who has been a ri'sidcnt of the State two yours, 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 vote, has been regis- tered, and has paid his State poll taxes, as hereinafter required, shall be entitled to vote for nieinhors of the General Assembly and all officers elective by the people; but removal from one precinct to anotlier, in the same county, city or town shall not deprive any person of his right to vote in the precinct from whicli lie has moved, until the expiration of thirty days after such removal. Registration of voters; who are entitled to register prior to 1.904 Sec. 19. There shall be general registrations in the counties, cities and towns of the State during the years nineteen hundred and two and nine- teen himdred and three at such times and in such nuuuuir as may be pre- scribed by an ordinance of this Convention. At such registrations every male citizen of the United States having the qualifications of age and resi- dence 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 Confeder- ate 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 pre- ceding that in which he offers to register, State taxes aggregating at least one dollar have been j):iid; or, Fourth. A person able to read any section of this Constitution submit- ted to him by the officers of registration and to give a reasonable expla- nation of the same; or, if unable to read such se(!tion, able to understand and give a reasonal)le exjjlanation 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 preser- vation, 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 reliver, or cause to be delivered, witli the poll books, at a reasonal)le time before every election, to one of the judges of election of each precinct of his county or city, a like certified copy of the list, which shall be conclusive evidence of the facts therein stated for the purpose of voting. The clerk shall also, within sixty days after the filing of the list by the treasurer, forward a certified copy thereof, with such corrections as may have been made by order of the court or judge, to the Auditor of Pul)lic Accounts, who shall charge the amount of the poll taxes stated therein to such treasurer unless previously accounted for. iMuther evidence of the prepayment of the capitation taxes required by this Constitution, as a prerequisite to the right to register and vote, may be prescribed by law. Article III. Division of Powers Departments to be distinct Sec. 39. Except as hereinafter provided, the legislative, executive, sx-'l judiciary departments shall be separate and distinct, so that neither ex::- CONSTITUTION Uf \IRGINIA 251 cise the powers properly belonging to either of the others, nor any person exercise the power of more than one of them at the same time. Article IV. Legislative Department General Assembly to consist of Senate and House of Delegates Sec. 40. The legislative power of the State shall be vested in a General Assembly, which shall consist of a Senate and House of Delegates. Number and election of senators Sec. 41. The Senate shall consist of not more than forty and not less than thirty-three members, who shall be elected quadrennially by the voters of the several senatorial districts, on the Tuesday succeeding the first Monday in November. Number and election of delegates Sec. 42. The House of Delegates shall consist of not more than one hun- dred and not less than ninety members, who shall be elected biennially by the voters of the several house districts, on the Tuesday succeeding the first Monday in November. Apportionment of State into senatorial and house districts Sec. 43. The apportionment of the State into senatorial and house dis- tricts, made by the acts of the General Assembly, approved April the sec- ond, nineteen hundred and two, is hereby adopted; but a re-apportionment may be made in the year nineteen hundred and six, and shall be made in the j-ear nineteen hundred and twelve, and every tenth year thereafter. Qualifications of senators and delegates; ivho ineligible; removal from district vacates office Sec. 44. Any person may be elected senator who, at the time of election, is actually a resident of the senatorial district and qualified to vote for members of the General Assembly; and any person may be elected a mem- ber of the House of Delegates who, at the time of election, is actually a resident of the house district and qualified to vote for members of the General Assembly. But no person holding a salaried office under the State government, and no judge of any court, attorney for the Common- wealth, sheriff, sergeant, treasurer, assessor of taxes, commissioner of the revenue, collector of taxes, or clerk of any court, shall be a member of either house of the General Assembly during his continuance in office, and the election of any such person to either house of the General Assembly, and his qualification as a member thereof, shall vacate any such office held by him; and no person holding any office or post of profit or emolu- 252 GOVERNMENT AND POLITICS IN VIRGINIA nient under tlip rnited States fiovcrmnent, or who is in the employment of such frovernment, shall be eli^il>le to either house. The removal of a senator or delegate from the district for which he is elected, shall vacate his office. Salaries of members of General Assembly to be fixed by law; members not to be elected or appointed to civil offices of profit except by election by the people . Sec. 45. The members of the General Assembly shall receive for their services a salary to be fixed by law and paid from the public treasury; but no act increasing such salary shall take effect until after the end of the term for which the members voting thereon were elected; and no member during the term for which he shall have been elected, shall be appointed or elected to any civil office of profit in the State except offices filled by election by the people. Time and duration of meetings of General Assembly; adjournments; majority shall be a quorum; power of smaller number than a quorum Sec. 46. The General Asseml)ly shall meet once in two years on the second Wednesday in January next succeeding the election of the members of the House of Delegates and not oftener unless convened in the manner prescribed by this Constitution. No session of the General Assembly, after the first under this Constitution, shall continue longer than sixty days; but with the concurrence of three-fifths of the members elected to each house, the session may be extended for a period not exceeding thirty days. Except for the first session held under this Constitution, members shall be allowed a salary for not exceeding sixty days at any regular ses- sion, and for not exceeding thirty days at any extra session. Neither house shall, without the consent of the other, adjourn to another place nor for more than three days. A majority of the nicmb(>rs elected to each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and shall have power to compel the attendance of members in such manner and under such penalty as each house may pre- scribe. Powers of each house of General Assembly to elect its presiding officer, make its own rules, fill vacancies, and judge of the election and qualification of members, and punish and expel members Sec. 47. The House of Delegates shall choose its own speaker; and, in the ab.sence of the Lieutenant-Governor, or, when he shall exercise the office of Governor, the Senate shall choose from their own body a presi- CONSTITUTION OF VIRGINIA 253 dent -pro tempore. Each house shall select its officers, settle its rules of procedure, ami direct writs of election for supplying vacancies which may occur during the session of the General Assembly; but, if vacancies occur during the recess, such writs may be issued by the Governor, under such regulations as may be prescril)ed ])y law. Each house shall judge of the election, qualification, and returns of its members; may punish them for disorderly behaviour, and, with the concurrence of two-thirds, expel a member. Privileges of members of General Assembly Sec. 48. Members of the General Assembly shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the sessions of their respective houses; and for any speech or debate in either house shall not he questioned in any other place. They shall not be subject to arrest, under any civil process, during the sessions of the General Assembly, or the fifteen days next before the beginning or after the ending of any session. Journal of proceedings Sec. 49. Each house shall keep a journal of its proceedimgs, which shall be published from time to time, and the yeas and nays of the members of either hou.se on any question shall, at the desire of one-fifth of those pres- ent, be entered on the journal. Enactment of laws; tax laws shall specifically state the tax and require a vote of majority of members Sec. 50. No law shall be enacted except by bill. A bill may originate in either house, to be approved or rejected by the other, or may be amended by either, with the concurrence of the other. No bill shall become a law unless, prior to its passage, it has been, (a) Referred to a committee of each house, considered by such commit- tee in session, and reported; (b) Printed by the house, in which it originated^ prior to its passage therein; (c) Read at length on three different calendar days in each house; and unless, (d) A yea and nay vote has been taken in each house upon its final pas- sage, the names of the members voting for and against entered on the journal, and a majority of those voting, which shall include at least two- fifths of the members elected to each house, recorded in the affirmative. And only in the manner required in subdivision (d) of this section shall an amendment to a bill by one house be concurred in by the other, or a ,:onference report be adopted by either house, or either house discharge 254 GOVERNMENT AND POLITICS IN VIRGINIA a committee from the consideration of a hill and consider the same as if reported; provided, that the printing and reading, or either, required in subdivisions (b) and (c) of this section, may be dispensed with in a bill to codify the laws of the State, and in any case of emergency by a vote of four-fifths of the members voting in each house taken by the yeas and nays, the names of the members voting for and against entered on the journal; and provided further, that no bill which creates, or establishes a new office, or which creates, continues or revives a debt or charge, or makes, continues or revives any appropriation of puljlic or trust money, or jjroperty, or re- leases, discharges or coninuites any claim or demand of the State, or which imposes, continues or revives a tax, shall be passed except by the affirma- tive vote of a majority of all the members elected to each house, the vote to be by the yeas and nays, and the names of the members voting for and against entered on the journal. Every law imposing, continuing or reviving a tax shall specifically state such tax, and no law shall be construed as so stating such tax which requires a reference to any other law or any other tax. The presiding officer of each house shall, in the presence of the house over which he presides, sign every l)ill that has been passed by both houses and duly enrolled. Immediately before this is done, all other business being suspended, the title of the bill shall be publicly read. The fact of signing shall be entered on the journal. Standing committee on special, private and local legislation Sec. 51. There shall be a joint committee of the General Assembly, consisting of seven members apj)ointed by the House of Delegates and five meml)ers appointed by the Senate, which shall be a standing committee on special, private and local legislation. Before reference to a committee, as provided })V section Fifty, any special, private, or local bill introduced in either house shall be referred to and considered by such joint committee and returned to the house in which it originated, with a statement in writing whether the object of the bill can be accomi)lislied under general law or by court proceeding; whereui)on, the bill, with the accompanying statement, shall take the course provided by section Fifty. The joint committee may be discharged from the consideration of a bill by the house in which it originated in the manner provided in section Fifty for the dis- charge of other connnittees. Imw shall embrace but one object, which shall be expressed in its title; how laws revived or amended Sec. 52. No law shall embrace more than one object, which shall be ex- pressed in its title; nor shall any law be revived or amended with refer- ence to its title, but the act revived or the section amended shall be '•'^- enacted and published at length. CONSTITUTION OF VIRGINIA 255 Time when laws take effect Sec. 53. No law, except a general appropriation law, shall take effect until at least ninety days after the adjournment of the session of the Gen- eral Assembly at which it is enacted, unless in case of an emergency (which emergency shall be expressed in the body of the bill), the General Assem- bly shall otherwise direct by a vote of four-fifths of the members voting in each house, such vote to be taken by the yeas and nays, and the names of the members voting for and against entered on the journal. Impeachments; proceeding under; extent of judgment under; indictment, etc., to lie Sec. 54. The Governor, Lieutenant-Governor, Attorney-General, judges, members of the State Corporation Commission, and executive officers at the seat of government, and all officers appointed by the Governor or elected by the General Assembly, offending against the State by malfeasance in office, corruption, neglect of duty, or other high crime or misdemeanor, may be impeached by the House of Delegates, and prosecuted before the Senate, which shall have the sole power to try impeachment. When sitting for that purpose, the senators shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the senators present. Judgment in case of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the State;, but the person convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the General Assembly for the trial of impeachments. Apportionment of State into congressional districts by General Assembly 'Sec. 55. The General Assembly shall, by law, apportion the State into districts, corresponding with the number of representatives to which it may be entitled in the House of Representatives of the Congress of the United States; which districts shall be composed of contiguous and com- pact territory containing, as nearly as practicable, an equal number of inhabitants. Directions to General Assembly concerning elections and declaring offices vacant Sec. 56. The manner of conducting and making returns of elections, of determining contested elections, and of filling vacancies in office, in cases 256 GOVRRNMENT AND POLITICS IN VIRGINIA not siM'cially provided for by this Constitution, slmii 1)0 proscM-ihed by law, aiul the General Assembly may tleelare the cases in which any office shall be deemed vacant where no provision is made for that purpose in this Constitution. Power of General Assembly to remove disabilities Sec. 57. The General Assemblj' shall have power, by a two-thirds vote, to remove disabilities incurred imder section Twenty-three, of Article Two, of this Constitution, with reference to dueling. ProhibitioJis on General Assembly as to suspension of urit of habeas corpus, and enactment of laws referring to religion and other laws Sec. 58. The privilege of the writ of habeas cotpus shall not be suspended unless, when in cases of invasion or rebellion, the public safety may re- quire. The General Assembly shall not pass any bill of attainder, or any ex post fad o law, or any law inii)airing the ol)ligation of contracts, or any law abridging the freedom of speech or of the press. It shall not enact any law w hereby private property shall be taken or damaged for public uses, without just compensation. No man shall be compelled to frequent or supi)ort anv religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his boch' or goods, nor shall otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess, and by argument to maintain, their opin- ions in matters of religion, and the same shall in no wise diminish, enlarge, or affect their civil capacities. And the General .\sseml)ly shall not pre- scribe any religious test whatever, or conf(>r any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of an}' district within this State, to levy on themselves or others any tax for the erection or repair of any house of public worship, or for the sujiport of any church or ministry; but it shall be left free to every person to select his religious instructor, and to make for his support such private contract as he shall please. General Assembly shall not incorporate churches or religious de- nominations; may secure church property Sec. 59. The General Assemy)ly shall not grant a charter of incorpora- tion to any church or religious denomination, but may secure the title to church property to an extent to be limited by law. CONSTITUTION OF \IRGINIA 257 Lotteries and sale of lottery tickets prohibited Sec. 60. No lottery shall hereafter be authorized by law; and the buy- ing, selling, or transferring of tickets or chances in anj' lottery shall be prohibited. Formation and division of counties Sec. 61. No new county shall be formed with an area of less than six hundred square miles; nor shall the county or counties from which it is formed be reduced below that area; nor shall any county be reduced in population below eight thousand. But any county, the length of which is three times its mean breadth, or which exceeds fifty miles in length, may be divided at the discretion of the General Assembly. Power of General Assembly to enact liquor laws Sec. 62. The General Assembly shall have full power to enact local option or dispen.sary laws, or any other laws controlling, regulating, or prohibiting the manufacture or sale of intoxicating liquors. Poivers which General Assembly shall confer on courts; cases in which General Assembly shall not enact special laws Sec. 63. The General Assembly shall confer on the courts power to grant divorces, change the names of persons, and direct the sale of estates be- longing to infants and other persons under legal disabilities, and shall not, by special legislation, grant relief in these or other cases of which the courts or other tribunals may have jurisdiction. The General Assembly may reg- ulate the exercise by courts of the right to punisli for contempt. The General Assembly shall not enact any local, special, or private law in the following cases: 1. For the punishment of crime. 2. Providing a change of venue in civil or criminal cases. 3. Regulating the practice in, or the jurisdiction of, or changing the rules of evidence in any judicial proceedings or inquiry before the courts or other tribunals, or providing or changing the methods of collecting debts or enforcing judgments, or prescribing the effect of judicial sales of real estate. 4. Changing or locating county seats. 5. For the assessment and collection of taxes, except as to animals which the General Assembly may deem dangerous to the farming interests. 6. Extending the time for the assessment or collection of taxes. 7. Exempting property from taxation. 258 GOVERNMENT AND POLITICS IN VIRGINIA 8. Remitting, reloiiaing, postponing, or diinini.shinp; any obligation or liahility of any person, corporation, or asssociation, to the State or to any political sulHJivision thereof. 9. Refunding money lawfully paid into the treasury of the State or the treasury of any political subdivision thereof. 10. Granting from the treasury of the State, or granting or authorizing to be granted from the treasury of any political subdivision thereof, any extra compensation to any public officer, servant, agent, or contractor. 11. For conducting elections or designating the jilaces of voting. 12. Regulating labor, trade, mining or manufacturing, or the rate of interest on money. 13. Granting any pension or pensions. 14. Creating, increasing, or decreasing, or authorizing to be created, increased, or decreased, the salaries, fees, percentages, or allowances of public officers during the term for which they are elected or appointed. 15. Declaring streams navigable, or authorizing the construction of booms or dams therein, or the removal of obstructions therefrom. It). Affecting or regulating fencing or the boundaries of land, or the run- ning at large of stock. 17. Creating private corporations, or amending, renewing, or extending the charters thereof. 18. Granting to any private corporation, association, or individual any special or exclusive right, privilege or immunity. 19. Naming or changing the name of any private corporation or asso- ciation. 20. Remitting the forfeiture of the charter of any private corporation except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution and the laws passed in pursuance thereof. General Assetnbly shall enact general laws in cases mentioned in preceding section, and wherever general laws u-ill apply; amendment or partial repeal of general law shall not enact special law; restrictions as to laws Sec. 64. In all the cases enumerated in the last section, and in every other case which, in its judgment, may l)e provided for by general laws, the General Assembly shall enact general laws. Any general laws shall be subject to amendment or rei)eal, but the amendment or partial repeal thereof shall not operate directly or indirectly to enact, and shall not have the effect of the enactment of a special, jirivate, or local law. No general or special law shall surrender or suspend the right and power of the State, or any political subdivision thereof, to tax corporations and CONSTITUTION OF VIRGINIA 259 corporate property, except as authorized by Article Thirteen. No pri- vate corporation, association, or individual shall be specially exempted from the operation of any general law, nor shall its operation be suspended for the benefit of any private corporation, association, or individual. Powers of local and special legislation may he conferred by General Assembly, by general law, on supervisors and councils Sec. 65. The General Assembly may, by general laws, confer upon the boards of supervisors of counties, and the councils of cities and towns, such powers of local and special legislation, as it may from time to time deem expedient, not inconsistent with the limitations contained in this Consti- tution. Clerk of House of Delegates to be Keeper of the Rolls, without compensation; General Assembly shall prescribe number and compensation of its clerks and employees Sec. 66. The Clerk of the House of Delegates shall be Keeper of the Rolls of the State, but shall receive no compensation from the State for his services as such. The General Assembly by general law shall prescribe the number of employees of the Senate and House of Delegates, including the clerks thereof, and shall fix their compensation at a per diem, for the time ac- tually emploj-ed in the discharge of their duties. Limitations on appropriations by General Assembly to charitable and other institutions; exceptions Sec. 67. The General Assembly shall not make any appropriation of public funds, of personal property, or of any real estate, to any church, or sectarian society, association, or institution of any kind whatever, which is entirely or partly, directly or indirectly, controlled by any church or sectarian society; nor shall the General Assembly make any like appro- priation to any charitable institution, which is not owned or controlled by the State; except that it may, in its discretion, make appropriations to non-sectarian institutions for the reform of youthful criminals; but nothing herein contained shall prohibit the General Assembly from auth- orizing counties, cities, or towns to make such appropriations to any chari- table institution or association. 260 go\i:rnmp:nt and politics l\ \ irginia Auditing Committee, appointment and constitution; powers and duties Sec. 6S. The General Assembly shall, at each regular session, appoint a standing coniniittee, consisting of two mcnihers of the Senate and three members of the House of Delegates, which shall be known as the Auiliting Committee. Such committee .shall annually, or oftener in its discretion, examine the books and accounts of the First Auditor, the State Treasurer, the Secretary of the Commonwealth, and other executive officers at the .seat of government whose duties i)ertain to auditing or accounting for the State revenue, report the result of its investigations to the Governor, and cause the same to be published in two newspapers of general circulation in the State. The Governor shall, at the begiiuiing of each session, sub- mit said reports to the General Assembly for appropriate action. The committee may sit during the recess of the General Assembly, receive such compensation as may be prescribed by law, and employ one or more ac- countants to assist in its investigations. Article V. Executive Dep.\rtment Governor, term of office Sec. 69. The chief executive power of the State shall be vested in a ■Governor. He shall hold office for a term of four years, to commence on the first day of February next succeeding his election, and be ineligible to the same office for the term next succeeding that for which he was elected, and to any other office during his term of service. How and when elected; how result ascertained; how tie or contested elections decided Sec. 70. The Governor shall l)e elected by the qualified voters of the State at the time and place of choosing members of the General Assembly. Returns of the election shall be transmitted, under seal, by the proper officers, to the Secretary of the Commonwealth, who shall deliver them to th(> S])eak('r of the House of Delegates on the first day of the next session of the General Assembly. The Speaker of the House of Delegates shall, within one week thereafter, in the presence of a majority of the Senate and of the House of Delegates, open the returns, and the votes shall then be counted. The person having tli(> highest number of votes .shall be declared elected; but if two or more shall have the highest and an equal number of votes, one of them shall be chosen Governor by the joint vote of the two houses of the General Assembly. Contested elections for Gover- nor shall be decided liy a like vote, and the mode of proceeding in such c"«es shall be prescribed by law. CONSTITUTION OF VIRGINIA 261 Qualifications of Governor Sec. 71. No person except a citizen of the United States shall be eligible to the office of Governor; and if such person be of foreign birth, he must have been a citizen of the United States for ten years next preceding his election; nor shall any person be eligible to that office unless he shall have attained the age of thirty years, and have been a resident of the State for five 3'ears next preceding his election. His -place of residence and salary Sec. 72. The Governor shall reside at the seat of government; shall receive five thousand dollars for each year of his service, and while in office shall receive no other emolument from this or any other government. Duties and powers of Governor Sec. 73. The Governor shall take care that the laws be faithfully exe- cuted; communicate to the General Assembly, at every session, the con- dition of the State; recommend to its consideration such measures as he may deem expedient, and convene the General Assembly on application of two-thirds of the members of both houses thereof, or when, m his opinion, the interest of the State may require. He shall be commander- in-chief of the land and naval forces of the State; have power to embody the militia to repel invasion, suppress insurrection and enforce the execu- tion of the laws; conduct, either in person or in such manner as shall be prescribed by law, all intercourse with other and foreign States; and, during the recess of the General Assembly, shall have power to suspend from office for misbehavior, incapacity, neglect of official duty, or acts performed without due authority of law, all executive officers at the seat of the government except the Lieutenant-Governor; but, in any case in which this power is so exercised, the Governor shall report to the General Assembly, at the beginning of the next session thereof, the fact of such suspension and the cause therefor, whereupon the General Assembly shall determine whether such officer shall be restored or finally removed; and the Governor shall have power, during the recess of the General Assembly, to appoint, pro tempore, successors to all officers so suspended, and to fill, pro tempore, vacancies in all offices of the State, for the filling of which the Constitution and laws make no other provision; but his appointments to such vacancies shall be by commission, to expire at the end of thirty days after the commencement of the next session of the General Assem- bly. He shall have power to remit fines and penalties in such cases, and under suoh rules and regulations as may be prescribed by law, and, except 262 GOVERNMENT AM) POLITICS IN VIRGINIA when the prnsecution has been carried on 1)V the House of Delegates, to grant reprieves and pardons after conviction; to remove political disal)il- ities consequent upon conviction for offences committed prior or subse- quent to the adojjtion f)f this Constitution, and to commute capital pun- ishment; but he shall conununicate to the General Assembly, at each ses- sion, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for re- mitting, granting, or ccmunuting the same. Further powers of Governor Sec. 74. The Governor may require information in writing, under oath, from the officers of the e.xecutive department and superintendents of State institutions upon any subject relating to tKe duties of their respective offices ami institutions; and he may inspect at any time their official books, accounts and vouchers, and ascertain the condition of the public funds in their charge, and in that connection may employ accountants. He may require the opinion in writing of the Attorney-General upon any question of law affecting the official duties of the Governor. Commissions and grants; how they shall run and how attested Sec. 75. Commissions and grants shall run in the name of Common- wealth of Virginia, and be attested by the Governor, with the seal of the Commonwealth annexed. Bills, duties of Gover?ior in regard to; proceedings of General Assembly in passing bills over veto of Governor; effect of failure of Governor to sign Sec. 76. 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 a[)j)rovc, he shall sign it; but if not, he may return it with his objec- tions to the house in which it originated, which shall enter the objections at large on its journal and proceed to reconsider the same. If, after such consideration, two-thirds of tlie members present, which two-thirds shall include a majority of the nienii)ers elected to that house, shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of all the members present, which two-thirds shall include a majority of the members elected to that house, it shall become a law, notwithstanding the objections. The Governor shall have the power to veto anj'^ particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall CONSTITUTION OF VIRGINIA 263 not take effect except in the manner heretofore provided in this section as to bills returned to the General Assembly without his approval. If he approves the general purpose of any bill, but disapproves any part or parts thereof, he may return it, with recommendations for its amendment, to the house in which it originated, whereupon the same proceedings shall be had in both houses upon the bill and his recommendations in relation to its amendment, as is above provided in relation to a bill which he shall have returned without his approval, and with his objections thereto; pro- ^^ded, that if, after such reconsideration, both houses, by a vote of a ma- jority' of the members present in each, shall agree to amend the bill in accordance with his recommendations in relation thereto, or either house by such vote shall fail or refuse to so amend it, then, and in either case, the bill shall be again sent to him, and he may act upon it as if it were then before him for the first time. But in all the cases above set forth the votes of both houses shall be determined by ayes and noes, and the names of the members voting for and against the bill, or item or items of an appropria- tion bill, shall be entered on the journal of each house. If any bill shall not be returned by the Governor within five days (Sunday excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly shall, by final adjourn- ment, prevent such return; in which case it shall be a law if approved by the Governor in the manner and to the extent above provided, within ten days after such adjournment, but not otherwise. Lieutenant-Governor, election and qualifications Sec. 77. A Lieutenant-Governor shall be elected at the same time and for the same term as the Governor, and his qualifications and the manner and ascertainment of his election, in all respects, shall be the same. Duties of Lieutenant-Governor Sec. 78. In case of the removal of the Governor from office, or of his death, failure to qualify, resignation, removal from the State, or inability to discharge the powers and duties of the office, the said office, with its compensation, shall devolve upon the Lieutenant-Governor; and the Gen- eral Assembly shall provide by law for the discharge of the executive functions in other necessary cases. Lieutenant-Governor shall be president of Senate; compensation as such Sec. 79. The Lieutenant-Governor shall be president of the Senate; but shall have no vote except in case of an equal division; and while acting as such, shall receive a compensation equal to that allowed to the Speaker of the House of Delegates. 264 GOVERXMEXT AXD POLITICS IX VIRGIXIA Secretary of the Commonwealth, election and duties; dispositioii of fees received by him Sec. SO. A Secretary of the Commoinveulth .shall l)e elected by the quali- fied voters of the State at the same time and for the same term a.s the Gov- ernor; and the fact of his election shall be ascertained as in the case of the Governor. He shall keep a daily record of the official acts of the Governor, which shall be signed by the Governor and attested by the Secretary; and, when required, he shall lay the same, and any papers, minutes and vouchers pertaining to his office, before either house of the General As- sembly. He shall discharge such other .duties as may be prescribed by law. All fees received by the Secretary of Iho Commonwealth shall be paid into the treasury monthly. State Treasurer Sec. 81. A State Treasurer shall be elected by the qualified voters of the State at the same time and for the same term as the Governor; aiTd the fact of his election shall be ascertained in the same manner. His powers and duties shall be prescribed by law. Auditor of Public Accounts Sec. 82. An Auditor of Public Accounts shall be elected by the joint vote of the two houses of the General Assembly for the term of four years. His powers and duties shall be prescribed by law. Salaries of officers of Executive Department Sec. 83. The salary of each officer of the Executive Department, ex- cept in those cases where the salary is determined by this Constitution, shall l)e fixed by law; and the salary of no such officer shall be increased or diminished during the term for which he shall have been elected or appointed. Checks and balances on officers entrusted with collection of revenue, establishment of Sec. 84. The General Assembly shall provide by law for the establish- ment and maintenance of an efficient system of checks and balances be- tween the officers at the seat of government entrusted with the collection, receipt, custody, or disbursement of the revenues of the State. CONSTITUTION OF VIRGINIA 265 Bond of officers handling State funds Sec. 85. All State officers, and their deputies, assistants or employees» charged with the collection, custody, handling or disbursement of public funds, shall be required to give bond for the faithful performance of such duties; the amount of such bond in each case, and the manner in which security shall be furnished, to be specified and regulated by law. Bureau of Labor and Statistics Sec. 86. The General Assembly shall have power to establish and main- tain a Bureau of Labor and Statistics, under such regulations as may be prescribed by law. Article VI. Judiciary Department Composition and jurisdiction Sec. 87. The Judiciary Department shall consist of a Supreme Court of Appeals, circuit courts, city courts, and such other courts as are herein- after authorized. The jurisdiction of these tribunals and the judges thereof, except so far as conferred by this Constitution, shall be regulated by law. Supreme Court of Appeals, composition and jurisdiction; exceptions to jurisdiction; temporary vacancies, hoiv filled Sec. 88. The Supreme Court of Appeals shall consist of five judges, any three of whom may hold a court. It shall have original jurisdiction in cases of habeas corpus, mandamus, and prohibition; but in all other cases, in which it shall have jurisdiction, it shall have appellate jurisdiction only. Subject to such reasonable rules, as may be prescribed by law, as to the course of appeal, the limitation as to time, the security required, if any, the granting or refusing of appeals, and the procedure therein, it shall, by virtue of this Constitution, have appellate jurisdiction in all cases in- volving the constitutionality of a law as being repugnant to the Constitu- tion of this State, or of the United States, or involving the life or liljerty of any person; and it shall also have appellate jurisdiction in such other cases, within the limits hereinafter defined, as may be prescribed by law; but no appeal shall be allowed to the Commonwealth in any case involving the life or liberty of a person, except that an appeal by the Commonwealth may be allowed by law in any case involving the violation of a law relating to the State revenue. No bond shall be required of any accused person 266 GOVERNMENT AND POLITICS IN \IRGINTA as a condition of Mppcnl, l)iit a supersedeas bond may be required where the only punishiiicnt imijoscd in tho court lu'low is a fine. The court shall \u)i have jurisdiction in civil cases where the matter in controversy, exchisive of costs and of interest accrued since tiie judg- ment in the court below, is less in value or amount than three hundred dollars, except in controversies concerning; the title to, or boundaries of land, the condemnation of jjroperty, the probate of a will, the appoint- ment or (lualification of a personal representative, guardian, committee, or curator, or concerning a mill, roadway, ferry, or landing, or the right of the State, county, or municipal corporation, to levy tolls or taxes, or involving the construction of any statute, ordinance or county proceeding imposing taxes; and, except in cases of habeas corpus, mandamus, and pro- hibition, the constitutionality of a law, or some other matter not merely pecuniary. After the year nineteen hundred and ten the General Assem- bly may change the jurisdiction of the court in matters merely pecuniary. The assent of at least three of the judges shall be required for the court to dv.-termine that any law is, or is not, repugnant to the Constitution of this State, or of the United States; and if, in a case involving the consti- tutionality of any such law, not more than two of the judges sitting agree in oi)inion on the constitutional question involved, and the case cannot l)e dctcrmiiu'd, without passing on such (luestion, no decision shall be rendered therein, but the case sliall be reheard by a full court; and in no case where the jurisdiction of the court depends solely upon the fact that the constitutionality of a law is involved, shall the court decide the case upon its merits, imless the contention of the appellant upon the constitu- tional question be sustained. Whenever the reejuisite majority of the judges sitting are unable to agree upon a decision, the case shall be reheard by a full bench, and any vacancy caused by any one or more of the judges being imable, unwilling, or disqualified to sit, shall be temporarily filled in a manner to be prescribed by law. Special Court of Appeals Sec. 89. The General Assembly may, from time to time, provide for a Special Court of Appeals to try any cases on the docket of the Supreme Court of Appeals in respect to which a majority of the judges are so situ- ated as to make it improper for them to sit; and also to try any cases on said docket which cannot be disposetl of with convenient dispatch. The said special court shall be c()my)osed of not less than three nor more than five of the judges of tlie circuit courts and city courts of record in cities of the first class, or of the judges of either of said courts, or of any of the juilges of said courts, together with one or more of the judges of the Su- preme Court of Appeals. CONSTITUTION OF VIRGINIA 267 Opinions of Supreme Court of Appeals shall be tvritten Sec. 90. When a judgment or decree is reversed or affirmed by the Sr preme Court of Appeals the reasons therefor shall be stated in writing and preserved with the record of the case. Qualifications and terms of judges of Supreme Court of Ap- peals; how chosen Sec. 91. The judges of the Supreme Court of Appeals shall he chosen by the joint vote of the two houses of the General Assembh-. They shall, when chosen, have held a judicial station in the United States, or shall have practiced law in this or some other State for five j-ears. At the first elec- tion under this Constitution, the General .Assembly shall elect the judges for terms of four, six, eight, ten, and twelve years respectively; and there- after they shall be elected for terms of twelve years. Officers of Supreme Court of Appeals Sec. 92. The officers of the Supreme Court of Appeals shall be appointed by the court or by the judges in vacation. Their duties, compensation, and tenure of office shall be prescribed by law. Sessio7is of Supreme Court of Appeals Sec. 93. The Supreme Court of Appeals shall hold its sessions at two or more places in the State, to be fixed by law. Judicial circuits, yiumber and constitution Sec. 94- The State shall be divided into twenty-four judicial circuits, as followtj:^ The cQunty of Norfolk shall constitute the first circuit. The counties of Nansemond, Southampton, city of Suffolk and the city of Norfolk shall constitute the second circuit. The counties of Prince George, Surry, Sussex, Greensville and Bruns- wick shall constitute the third circuit. The counties of Chesterfield, Dinwiddie, Nottoway, Amelia, Powhatan and the city of Petersburg shall constitute the fourth circuit. The counties of Prince Edward, Cumberland, Appomattox, Charlotte and Buckingham shall constitute the fifth circuit. 1 Since the adoption of the Constitution the number of judicial circuits has been increased to 31 , in accordance with the provisions of section 95, and the list herein is as rearranged by act approved March 27, 1914. 268 GOVERXMEXT AXD POLITICS IX MRGINIA The counties of Lunonhurfi, Mocklenhurji, Halifax, Campbell, and the city of Lynchlmrg shall constitute the sixth circuit. The counties of Pittsylvania, Henry, Patrick, and the city of Danville shall constitute the seventh circuit. The counties of Madison, Greene and Alhemarle shall constitute the eighth circuit. The counties of Culpeper, Orange, Louisa and Goochland shall consti- tute the ninth circuit. The countj of Henrico antl tlie city of Richmond shall constitute the tenth circuit. The county of Elizabeth City and the city of Newport News shall con- stitute the eleventh circuit. The counties of Richmond, Northunil)erland, ^^'estmoreland, Lancaster and Essex shall constitute the twelfth circuit. The counties of Gloucester, Mathews, King and Queen, King William and Middlesex shall constitute the thirteenth circuit. The counties of New Kent, Charles City, York, \\ arwick, James City, and the citj' of ^^'illiamsburg shall constitute the fourteenth circuit. The counties of King George, Stafford, Spotsylvania, Caroline and Han- over shall constitute the fifteenth circuit. The counties of Prince William, Fairfax and Alexandria, and the city of Alexandria shall constitute the sixteenth circuit. The counties of Frederick, Clarke, Warren and Shenandoah shall con- stitute the seventeenth circuit. The counties of Augusta, Highland and Rockbridge shall constitute the eighteenth circuit. The counties of Bath, ^Vllcghany, Craig and liotetourt, and the city of Clifton Forge shall constitute the nineteenth circuit. The counties of Roanoke, Montgomery, Floyd, and the city of Roanoke shall constitute the twentieth circuit. The coimties of Pulaski, Carroll, Wythe and Grayson shall constitute the twenty-first circuit. The counties of Bland, Tazewell and Giles shall constitute the twenty- second circuit. The counties of W ashington, Smyth and Scott shall constitute the twen- tj'-third circuit. The counties of Lee and Wise shall constitute the twenty-fourth circuit. The counties of Rockingham and Page shall constitute the twenty-fifth circuit. ' The counties of Rappahannock, Fauquier and Loudoun shall constitute the twenty-sixth judicial circuit. CONSTITUTION OF VIRGINIA 269 The counties of Buchanan, Russell and Dickenson shall constitute the twenty-seventh circuit. The counties of Isle of Wight and Princess Anne and the city of Ports- mouth shall constitute the twenty-eighth circuit. The counties of Amherst, Nelson and Fluvanna shall constitute the twentj^-ninth circuit. The counties of Bedford and Franklin shall constitute the thirtieth circuit. The counties of Accomac and Northampton shall constitute the thirty- first circuit. Powers of General Assemhhj to rearrange judicial circuits; limitations Sec. 95. -\fter the first day of January, nineteen hundred and six, as tlie public interest requires, the General Assembly may rearrange the said circuits and increase or diminish the number thereof. But no new cir- cuit shall be created containing, by the last United States census or other census provided by law, less than forty thousand inhabitants, nor when the effect of creating it will be to reduce the number of inhabitants in any existing circuit below forty thousand according to such census. Circuit judges, election, qualifications; residence and term of office Sec. 96. For each circuit a judge shall be chosen by the joint vote of the two houses of the General Assembly. He shall, when chosen, possess the same qualifications as judges of the Supreme Court of Appeals, and during his continuance in office shall reside in the circuit of which he is judge. At the first election under this Constitution, the General Assembly shall elect, as nearly as practicable, one-fourth of the entire number of judges for terms of two years, one-fourth for four years, one-foiu-th for six years, and the remaining fourth for eight years, respectively; and thereafter they shall be elected for terms of eight years. Terms of circuit judges; judges may be required to hold terms in other circuits Sec. 97. The number of terms of the circuit courts to be held for each count}' and city shall be prescribed b}' law. But no separate circuit court shall be held for any city of the second class until the city shall abolish its existing city court. The judge of one circuit may be required or auth- orized to hold court in any other circuit or citj'. 270 C.OVERNMENT AND POLITICS IN VIRGINIA Dinsion of cities into classes: courts of each class; additional courts for cities, how prodded: abolition and cessatio)i of corporation or city court Sec. 98. Far the purpose.s of :i judicial sy.steiu, the cities of the State shall 1)C divided into two clas.ses. .\11 cities shall belong to the first class which contain, as shown l)y the last United States census or other census i)ro- vided by law, ton thou.sand inhabitants or more, and all cities shall belong to the second cla.ss which contain, as thus shown, less than ten thousaiul inhal)itants. In each city of the first class, there shall be, in addition to the circuit court, a corporation courl. In any city containing thirty thou.sand inhabitants or more, the ( ieneral As.senibly may provide for such additional courts as the public interest may re(iuiie, and in every such city the city courts, as they now exist, shall continue unlil otherwise provided by law. In every city of the second class, the corporation or hustings court, existing at the time this Constitution goes into effect, shall contimie hereafter under the name of the cor|)ora1i()n court of such city; but it may be abolished by a vote of a majority of tlie (lualified electors of such city, at an election held for the purpose, and whenever the of- fice of judge of a corporation or hustings court of a city of the second class, whose salary is less than eight hundred dollars, shall become and re- main vacant for ninety days consecutively, such court shall thereby cease to exist. In case of the abolition of the corporation or hustings court of any city of the .second class, such city shall thereupon come in every re- spect within the jurisdiction of the circuit court of the county wherein it is situated, until otherwise provided by law, and the records of such cor- poration or hustings court shall thereupon become a part of the records of such circuit court, and be tran.sferred thereto, and remain therein until otherwi.se provided by law; and during the existence of the cori)oration or hustings court, the circuit court of the county in which such city is situated, shall have concurrent jurisdiction with said corporation (U' hust- ings court in all actions of law and suits in e(|uity. Judges of city courts, election, qualifications and residence; residence and privilege of judge of corporation court of city of less than fire thousand in- habitants; judges of city courts of cities^ of first, class may be required or authorized to hold terms in other circuits. Sec. 99. For each city court of record a judge shall l)e cho.sen by the joint vote of the two houses of the General Assembly. He shall, when chosen, possess the same qualifications as judges of the Supreme Cour.t of Appeals, and during his continu.-uice in office shall reside within the jurisdiction of the court over which he presides; but the judge of the corporation court of anv corporation having a city charter, and less than five thousand in- CONSTITUTION OF VIRGINIA 271 habitants, may reside outside its corporate limits; and the same person may be judge of such corporation court and judge of the corporation court of some other city having less than ten thousand inhabitants. At the first election of said judges under this Constitution, the General Assembly shall elect, as nearly as practicable, one-fourth of the entire number for terms of two years, one-fourth for four years, one-fourth for six years, and the remaining fourth for eight years; and thereafter they shall be elected for terms of eight years. The judges of city courts in cities of the first class may be required or authorized to hold the circuit courts of any county and the circuit courts of anj' city. Courts of Land Registration Sec. 100. The General Assembly shall have power to establish such court or courts of land registration as it may deem proper for the administration of any law it may adopt for the purpose of the settlement, registration, transfer, or assurance of titles to land in the State, or any part thereof. Clerks of circuit courts, jurisdiction in cases of vrills, insane persons, etc. Sec. 101. The General Assembly shall have power to confer upon the clerks of the several circuit courts jurisdiction, to be exercised in the man- ner and under the regulations to be prescribed by law, in the matter of the admission of wills to probate, and of the appointment and qualification of guardians, personal representatives,, curators, appraisers, and com- mittees of the estates of persons who have been adjudged insane or con- victed of felony, and in the matter of the substitution of trustees. Judges, how commissioned; salaries and allowances, terms of office; vacancies Sec. 102. All the judges shall be commissioned by the Governor. They shall receive such salaries and allowances as may be determined by law within the limitations fixed by the Constitution, the amount of which shall not be increased or diminished during their terms of office. Their terms of office shall commence on the first day of February next following their election, and whenever a vacancy occurs in the office of judge, his successor shall be elected for the unexpired term. Salaries of judges Sec. 103. The salaries of the judges of the Supreme Court of Appeals shall be not less than four thousand dollars per annum, and shall be paid by the State. 272 GOVERXMKXT AND POLITICS IX VIRGINIA Tlie salary of the jiulfie of each circuit court shall be not less than two thousand dollars per annum, one-half of wliich shall he paid by the State, the other half by the counties and cities composing the circuit, according to their respective population; except that of the salary of the judge of the circuit court of the city of Richmond, the State shall pay the proportion which would otherwise fall to the city of Richmond. The salary of a judge of a city court in a city of the first class shall be not less than two thousand dollars per annum, one-half of which shall be paid by the State, the other half by the city. The whole of the aforesaid salaries of said judges shall be paid out of the State treasury, the State to be reimbursed by the re- spective counties and cities. Any city may, by an ordinance, increase the salaries of its city or circuit judges, oi' any one or more of them as it may deem j)roper, and the increase shall be paid wholly by the city, but shall not be enlarged or diminished during the term of office of the judge. Each city containing less than ten thousand inhabitants shall pay the salary of the judge of its corporation or hustings court. Removal of judges for cause Sec. 104. Judges may be removed from office for cause, by a concurrent vote of both houses of the Cieneral Assembly; but a majority of ail the members elected to each house must concur in such vote, and the cause of removal shall be entered on the journal of each house. The judge against whom the General Assembly may be about to proceed shall have notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the General Assembly shall act thereon. Judges shall not practice law or hold office of public trust; exception Sec. 105. No judge of the Supreme Court of Appeals, of the circuit court, or of any city court of record shall practice law, within or without this State, nor shall he hold any other office of public trust during his contin- uance in office; except that the judge of a corporation or hustings court in a city of the second class may hold the office of commissioner in chan- cery of the circuit court for the county in which the city is located. Writs and indictments Sec. 100. Writs shall run in the name of the "Conmionwealth of Vir- ginia," and be attested by the clerks of the several courts. Indictments shall conclude "against the peace and dignity of the Commonwealth." CONSTITUTION OF VIRGINIA 273 Attorney-General y election, commission, duties and compensation; hov: removable Sec. 107. An Attorney General shall be elected by the qualified voters: of the State at the same time and for the same term as the Governor; and the fact of his election shall be ascertained in the same manner. He shall be commissioned by the Governor, perform such duties and receive such compensation as may be prescribed by law, and shall be removable in the manner prescribed for the removal of judges. Justices of the peace Sec. 108. The General Assembly shall provide for the appointment or election and for the jurisdiction of such justices of the peace as the public interest may require. Applications for bail Sec. 109. The General Assembly shall provide by whom and in what manner, applications for bail shall be heard and determined. Article VII. Organization and Government of Counties County officers, number, terms and compensation Sec. 110. ^ There shall be elected by the qualified voters of each county one county treasurer, one sheriff, one attorney for the Commonwealth, and one county clerk, who shall be the clerk of the circuit court. There shall be elected by the qualified voters of each county, for four years, com- missioners of the revenue for each coimty, the number, duties and compen- sation of whom shall be prescribed by law. There shall be appointed for each countj^ in such manner as may be provided by law, one superintendent of the poor and one county surveyor. Magisterial districts, supervisors; how chosen; powers and duties Sec. 111. The magisterial districts shall, until changed by law, remain as now constituted; provided, that hereafter no additional districts shall be made containing less than thirty square miles. In each district there shall be elected by the qualified voters thereof one supervisor. The super- visors of the districts shall constitute the board of supervisors of the county, which shall meet at stated periods and at other times as often as may be necessary, lay the county and district levies, pass upon all claims againsj> 1 As amended by amendment adopted November 8, 1910. 2 i GOVERXMENT AND POLITICS IX VIRGINIA the CDMiity, subject to such ;ippeal as may be provided by law, and perform s ich duties as may be required by law. Elections for county and district officers, when held; terms of officers Sec. 112. All regular elections for county and district officers shall be held on Tuesday after the first Monday in November, and all of said officers shall enter upon the duties of their offices on the first day of January next succeeiliiig tlieir election, and shall hold tlieir respective offices for the term of four years, except that the county clerk shall hold office for eight years; provided, that the term of the clerks first elected under this Constitution shall l^egin on the first of February, nineteen hun- dred and four, and end on the first of January, nineteen hundred and twelve. N^o person shall hold more than one office at the same time; additional security may he required of officer Sec. 113. No person shall at the same time hold more than oiie of the offices mentioned in this article. Any officer required by law to give bond may be required to give additional security thereon, or to execute a new bond, and in default of so doing his office shall be declared vacant. County not responsible for acts of sheriff Sec. 114. Counties shall not be made responsible for tiie acts of the sheriffs. Examination of hooks, accounts, etc., of officers handling public funds Sec. 115. The General Assembly shall provide for the examination of the books, accounts and settlements of county and city officers who are charged with the collection and disbursement of public funds. Article VIII. Organization and Government of Cities and Towns Definitions of "cities" and "toions" Sec. 116. As used in tliis article, the words "inc(jrporate(l coinnumities" shall be construed to relate only to cities and towns. All incorporated communities, having within defined boundaries a population of five thous- and or more, shall be known as cities; and all incorporated communities having within defined boundaries a population of less than five thousand, shall be known as towns. In determining the population of such cities CONSTITUTION OF VIRGINIA 275 and towns the General Assembly shall be governed by the last United States census, or such other enumeration as may be made by authority of the General Assembly; but nothing in this section shall be construed to repeal the charter of any incorporated community of less than five thousand inhabitants having a city charter at the time of the adoption of this Con- stitution, or to prevent the abolition by such incorporated communities of the corporation or hustings court thereof. General Assembly shall enact general laws for government of cities and towns; how special act therefor passed; as to city charters existing at adoption of Constitution Sec. 117.^ (a) General laws for the organization and government of cities and towns shall be enacted by the General Assembly, and no special act shall be passed in relation thereto, except in the manner provided in article four of this Constitution, and then only by a recorded vote of two- thirds of the members elected to each house. But each of the cities and towns of the State having at the time of the adoption of this Constitution a municipal charter may retain the same, except so far as it shall be repealed or amended by the General Assembly; provided, that every such charter is hereby amended to conform to all the provisions, restrictions, limita- tions and powers set forth in this article, or otherwise provided in this Con- stitution. (b) The General Assembly may, by general law or by special act (passed in the manner provided in article four of this Constitution) provide for the organization and government of cities and towns without regard to, and unaffected by any of the provisions of this article, except those of sections one hundred and twenty-four, one hundred and twenty-five, (except so far as the provisions of section one hundred and twenty-five recognize the office of mayor and the power of veto), one hundred and twenty-six, one hundred and twenty-seven and one hundred and twenty-eight of this article, and except those mentioned in sub-section (d) of this section. The term "council" as used in any of said sections shall include the body exercising legislative authority for the city or town, and all ordinances enacted and resolutions adopted by such body shall have the same force and effect for all purposes, as if enacted or adopted in accordance with the provisions of section one hundred and twenty-three of this article. But such organization and government shall apply only to such cities or towns as may thereafter adopt the same by a majority vote of those qualified voters of any such city or town voting in any election to be held for the^ purpose, as may be provided by law. 1 As amended by amendments adoptetl in November, 1912, and November, 1920. 276 GOYERXMi:.\T AND POLITICS IN VIRGINIA (c) The fienpral Assembly, at tlie request of any city or town, made in manner provided l)y law, may grant to it any special form of organization and government authorized by sub-section (b) of this section, and subject to all of the jjrovisions of that sub-section, except that it shall not be nec- essary for such city or town to thereafter adopt the same. (d) Any laws or charters enacted pursuant to the provisions of this sec- tion shall be subject to the provisions of this Constitution relating exj^ressly to judges and clerks of courts, attorneys for the Commonwealth, com- missioners of revenue, city treasurers and city sergeants. (e) Any form of organization and government authorized by any pro- visions of this section which may nave been adopted heretofore by any city or town pursuant to any act of the r.(>neral Assembly enacted before such provision became effective, and which is now in operation, is hereby declared legal and valid ah initio, and shall have the same force and effect as if it had been authorized by this Constitution at time of its adop- tion. Clerks of city courts, elections, duties and number; only one in city of less than thirty thousand inhabitants Sec. 118. In each city which has a court in whose office deeds are ad- mitted to record, there shall be elected for a term of eight years by the qual- ified voters of such city a clerk of said court, who shall perform such other duties as may be required bj' law. There shall be elected in like manner and for a like term all such addi- tional clerks of courts for cities as the General Assembly may prescribe, or as are now authorized by law, so long as such courts shall continue in existence. But in no city of less than thirty thousand inhabitants shall there be more than one clerk of the court, who shall be clerk of all the courts of record in such city. Commonwealth's Attorney in cities; Commissioner of Revenue in cities Sec. 119. ' In every city, so long as it has a corporation court, or a sep- arate circuit court, there shall be elected for a term of four years l)y the qualified voters of such city, one attorney for the Commonwealth, who shall also, in those cities having a separate circuit court, be the attorney for the Commonwealth for such circuit court. In every city there shall be elected for a term of four years, in a manner to be i)rovided by law, one conunissioner of revenue, whose duties and com- pensation shall be prescribed by law. 1 As amended by amendment adopted in November, 1912. CONSTITUTION OF VIRGINIA 277 City officers, their titles, election, powers and duties Sec. 120.' In every city there shall be elected by the qualified voters thereof one city treasurer, for a term of four years; one city sergeant, for a term of four years, whose duties shall be prescribed by law; and a mayor, for a term of four years, who shall be the chief executive officer of such city. All city and town officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities or towns, or of some division thereof, or appointed by such authorities thereof as the General Assembly shall designate. The mayor shall see that the duties of the various city officers, members of the police and fire departments, whether elected or appointed, in and for such city, are faithfully performed. He shall have power to investi- gate their acts, have access to all books and documents in their offices, and may examine them and their subordinates on oath. The evidence given by persons so examined shall not be used against them in any criminal proceedings. He shall also have power to suspend such officers, and the members of the police and fire departments, and to remove such officers, and also such members of said departments when authorized by the General Assembly, for misconduct in office or neglect of duty, to be specified in the order of the suspension or removal; but no such removal shall be made without reasonable notice to the officer com- plained of, and an opportunity afforded him to be heard in person, or by counsel, and to present testimony in his defense. From such order of suspension or removal, the city officer so suspended or removed shall have an appeal of right to the corporation court, or, if there be no such court, to the circuit court of such city, in which court the case shall be heard de novo by the judge thereof, whose decision shall be final. He shall have all the other powers and duties which may be conferred and imposed upon him by general laws. Cit7j Council, composition, how elected, poivers and duties; ineligibility of jyiemhers to certain offices; powers and duties as to reapportionments; when mandamus against council lies. Sec. 121. There shall be in every city a council, composed of two branches having a different number of members, whose powers and terms of office shall be prescribed by law, and whose members hall be elected by the qualified voters of such city, in the manner prescribed by law, but so as to give, as far as practicable, to each ward of such citj-, equal representa- tion in each branch of said council in proportion to the population of such 1 As amended by amendment adopted in November, 1912. 278 GOVERNMENT AND POLITICS IN VIRGINIA ward; but in cities of under ten thousand population the General Assembly may permit the oouneil to consist of f)ne l)ranch. No meinl)er of the coun- cil shall be eligible duriufi; his tenure of office as such member, or for one year thereafter, to any office to be filled by the council by election or ap- pointment. The council of every city may, in a manner jirescribed by law, increase or diminish the number and change the boundaries of the wards thereof, and shall, in the year nineteen hundred and three, and in every tenth year thereafter, and also whenever the boundaries of such wards are changed, reapportion the representation in the council among the wards in a manner {)res('ril)ed by law; and whenever the council of any such city shall fail to perform the duty so prescribed, a mandamus shall lie oa behalf of any citizen thereof to compel its performance. Election and terms of office of city officers Sec. 122. The mayors and councils of cities shall be elected on the sec- ond Tuesday in June, and their terms of office shall begin on the first day of September succeeding. All other elective officers, provided for by this article, or hereafter authorized l:)y law, shall })e elected on the Tuesday after the first Monday in November, and their terms of office shall begin on the first day of January succeeding, except that the terms of office of clerks of the city courts shall begin coincidentally with that of the judges of said courts; provided, that the General Assembly may change the time of election of all or any of the said officers, except that the election and the beginning of the terms of mayors and councils of cities shall not be made by the General Assembly to occur at the same time with the election and beginning of the terms of office of the other elective officers provided for by this Constitution. Ordinances, proceedings to pass over veto of Mayor; as to appro- priation ordinances vetoed Sec. 123. Every ordinaTice, or resolution having the effect of an ordi- nance, shall, before it becomes operative, be presented to the mayor. If he approve he shall sign it; but if not, if the council consist of two branches, he may return it, with his objections in writing, to the clerk, or other re- cording officer, of that loranch in which it origitiatod; which liranch shall enter the objections at length on its journal and proceed to reconsider it. If, after such consideration, two-thirds of all the members elected thereto shall agree to pass the ordinance or resolution, it shall be sent, together with the objections, to the other branch, by which it shall likewise be con- sidered, and if approved by two-thirds of all tiie members elected thereto,. CONSTITUTION OF VIRGINIA 279 it shall become operative notwithstanding the objections of the mayor. But in all such cases the votes of both branches of the council shall be de- termined by yeas and nays, and the names of the members voting for and against the ordinance or resolution shall be entered on the journal of each Ijranch. If the council consists of a single branch, the mayor's objections in writing to any ordinance, or resolution having the effect of an ordinance, shall be returned to the clerk, or other recording officer of the council, and be entered at length on its journal; whereupon the council shall pro- ceed to reconsider the same. Upon such consideration the vote shall be taken in the same manner as where the council consists of two branches, and if the ordinance or resolution be approved by two-thirds of all the meml)ers elected to the council, it shall become operative notwithstanding the objections of the maj^or. If any ordinance or resolution shall not be returned by the mayor within five days (Sunday excepted), after it shall have ])een presented to him, it shall become operative in like manner as if he had signed it, imless his term of office, or that of the council, shall expire within said five days. The mayor shall have the power to veto any particular item or items of an appropriation ordin;ince or resolution; but the veto shall not affect any item or items to which he does not object. The item or items objected to shall not take effect except in the manner provided in this section as to ordinances or resolutions not approved by the tnayor. No ordinance or resolution appropriating money exceeding the sum of one hundred dollars, imposing taxes, or authorizing the borrowing of mone}', shall be passed, except by a recorded affirmative vote of a majority of all the members elected to the council or to each branch thereof where there are two; and in case of the veto by the maj'or of such ordinance or resolution, it shall require a recorded affirmative vote of two-thirds of all the members elected to the council, or to each branch thereof where there are two, to pass the same over such veto in the manner provided in this section. Nothing contained in this section shall operate to repeal or amend any provision in any existing city charter requiring a two-thirds vote for the passage of any ordinance as to the appropriation of money, imposing taxes or authorizing the borrowing of money. Consent of corporate authorities necessary to use of streets, alleys, or public grounds by certaiji companies or persons Sec. 124. No street railway, gas, water, steam, or electric heating, elec- tric light or power, cold storage, compressed air, viaduct, conduit, tele- phone, or bridge, company, nor any corporation, association, person or partnership, engaged in these or like enterprises, shall be perrriicted to use' 280 GOVERNMENT AND POLITICS IN VIRGINIA the streets, alleys, or public grouiuls of a city or town without the previous consent of the corporate authorities of such city or town. Sale of corporate property and granting of franchises by cities and toxms Sec. 125. The rights of no city or town in and to its water front, wharf property, public landings, wharves, docks, streets, avenues, parks, bridges, and other public places, and its gas, water, and electric works shall be sold except by an ordinance or resolution passed ijy a recordetl affirmative vote of three-fourths of all the members elected to the council, or to each branch thereof where there are two, and under such other restrictions as may be imposed by law; and in case of the veto by the mayor of such an ordinance or resolution, it shall require a recorded affirmative vote of three-fourths of all the members elected to the council, or to each branch thereof where there are two, had in the manner heretofore provided for in this article, to -pass the same ov(>r the veto. No franchise, lease or right of any kind to use such jjublic property or any other public property, or easement of any description, in a manner not permitted to the general public, shall be granted for a longer period than thirty years. Before granting any such franchise or privilege for a term of years, excejit for a trunk railway, the municiijalily shall first, after due advertisement, re- ceive bids therefor publicly, in such mamier as may be provide'd by law, and shall then act as may be required by law. Such grant, and any con- tract in i)ursuance thereof, may provide that upon the termination of the grant the plant, as well as the property, if any, of the grantee in the streets, avenues, and other public places shall thereupon, without compen- sation to the grantee, or upon the payment of a fair valuation therefor, be and become the property of the said city or town; but the grantee shall be entitled to no payment by reason of the value of the franchise; and any such plant or property acquired by a city or town may be sold or leased, or, if authorized by law, maintained, controlled and operated, by such city or town. Everj' such grant shall s])ecify the mode of determin- ing any valuation therein provided for, and shall make adequate provision by way of forfeiture of the grant, or otherwise, to secure efficiency of pub- lic service at reasonable rates, and the maintenance of the property in good order throughout the term of the grant. Nothing herein contained shall be construed as preventing the General Assembly from prescriljing additional restrictions on the powers of cities and towns in granting fran- chises or in selling or leasing any of their property, or as repealing any additional restriction now required in relation thereto in any existing municipal charter. CONSTITUTION OF VIRGINIA 281 Corporate limits, contraction or extension of, General Assem- bly shall provide for Sec. 126. The General As.sembly shall jirovidc by general laws for the oxten-sion and the contraction, from time to time, of the corporate limits of cities and towns; and no special act for such purpose shall be valid. Concerning bonded indebtedness of cities and towns Sec. 127. No city or town shall issue bonds or other interest-bearing obligations for any purpose, or in any manner, to an amount which, in- cluding; existing indebtedness, shall, at any time, exceed eighteen per centum of the assessed valuation of he real estate in the city or town subject to taxation, as shown by the last preceding assessment for taxes; provided, however, that nothing above contained in this section shall apply to those cities and towns whose charters existing at the adoption of this Constitution authorize a larger percentage of indebtedness than is authorized by this section; and provided further, that in determining the limitation of the power of a city or town to incur indebtedness, there shall not be included the following classes of indebtedness: (a) Certificates of- 'ndebtedness, revenue bonds or other obligations issued in anticipation of the collection of the revenue of such city or town for the then current year; provided, that such certificates, bonds or other obligations mature within one year from the date of their issue, and be not past due, and do not exceed the revenue for such year. (b) Bonds authorized by an ordinance enacted in accordance with sec- tion One Hundred and Twenty-three, and approved by the affirmative vote of the majority of the qualified voters of the city or town voting upon the question of their issuance, at the general election next succeeding the enactment of the ordinance, or at a special election held for that purpose, for a supply of water or other specific undertaking from which the city or town may derive revenue; but from and after a period to be determined by the council, not exceeding five years from the date of such election, whenever and for so long as such undertaking fails to produce sufficient revenue to pay for the cost of operation and administration (including interest on bonds issued therefor, and the cost of insurance against loss bj' injur}' to persons or property), and an annual amount to be covered into a sinking fund sufficient to pay, at or before maturity, all bonds issued on account of said undertaking, all such bonds outstanding shall be included in determining the Umitation of the power to incur indebtedness, unless the principal and interest thereof be made payable exclusively from the receipts of the undertaking. 282 GOVERNMENT AND POLITICS IN VIRGINIA Assessment of real estate therein Sec. 128. In cities and towns the assessment of real estate and personal property for the i)urj)ose of municipal taxation, shall be the same as the assessment thereof for the purpose of State taxation, whenever there shall be a State assessment of such property. Article IX. Education and Public Instruction Free schools to he maintained Sec. 129. The General Assemlily shall establish and maintain an effi- cient system of public free schools throughout the State. State Board of Education, composition; vacancies, how filled Sec. 1.30. The general supervision of the school system shall be vested in a State Board of Education, composed of the Governor, Attorney Gen- eral, Sui)(>rinten(lent of Public Instruction, and three experienced edu- cators to be elected quadreiniially by the Senate, from a list of eligibles, consisting of one from each of llie 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 Fannville, the School for the Deaf and Blind, and also of the College of William and Mary, so long as the State con- tinues its annual appropriation to the last named institution. The board thus constituted shall select and associate with itself two di- vision superintendents of schools, one from a county and the other from a city, who shall hold office for two years, and whose pow(>rs and duties shall be identical with those of other members, except that they shall not participate in the appointment of any pulilic school official. Any vacancy occurring iluring the term of any member of the board shall be filled for tlie unexpired term by said board. Superintendent of Public Instruction, how elected, term of office; how racancics filled, duties Sec. 131. The Superintendent of Public Instruction, who .shall be an experienced educator, shall be elected by the qualified voters of the State at the same time and for the same term as the Governor. Any vacancy in said office shall Ix; filled for the unexpired term by the said l)oard. His duties shall be prescribetl by the State Board of Education, of which he shall be ex-officio president; and his compensation shall be fixed by law. CONSTITUTION OT \IRGINTA 283 Poivers and duties of State Board of Education Sec. 132. The duties and powers of the State Board of Education shall be as follows: First. It may, in its discretion, divide the State into appropriate school divisions, comprisins; not less than one count}^ or city each, but no county or city shall be divided in the formation of such divisions. It shall, sub- ject to the confirmation of the Senate, appoint, for each of such divisions, one superintendent of schools, who shall hold office for four years, and shall prescribe his duties, and may remove him for cause and upon notice. Second. It shall have, regulated by law, the management and invest- ment of the school fund. Third. It shall have authority to make all needful rules and regulations for the manngenncnt and conduct of the schools, which, when published and distributed, shall have the force and effect of law, subject to the authority of the General A-ssembly to revise, amend, or repeal the same. Fourth. It shall select text books and educational appliances for use in the schools of the State, exercising such discretion as it ma}' see fit in the selection of books suitable for the schools in the cities and counties re- spectively. Fifth. It shall appoint a board of directors, consisting of five members, to serve without compensation, which shall have the management of the . State Library and the appointment of a librarian and other employees thereof, subject to such rules and regulations as the General Assembly shall prescribe; but the Supreme Court of Appeals shall have the manage- ment of the law library and the appointment of the librarian and other employees thereof. School districts; school trustees Sec. 13.3. ^ Each magisterial district shall constitute a separate school district, unless otherwise provided by law. In each school district there shall be not more than three trustees selected, in the manner and for the term of office prescribed by law. Men and women may serve as school trustees in said districts, and in cities and in towns forming separate school districts. Literary fund Sec. 134. The General A.ssembly shall set apart, as a permanent and perpetual literary fund, the present literary fund of the State; the proceeds of all public lands donated by Congress for public free school purposes; 1 As amended by amendment adopted November 2, 1920. 284 GOVERNMKXT A.NU POLITICS IN VIRGINIA of all escheated property; of all waste and unappropriated lands; of all property accruing to the State by forfeiture, and all fines collected for offences comnuttod against the State, and such other sums as the General Assembly may approjjriate. Appropriations for school purposes, school age Sec. 135. The General Assembly shall apply the annual interest on the literary fund; that portion of the capitation tax provided for in the Con- stitution to be paid into the State treasury, and not returnable to the coun- ties and cities; and an aunual tax on jiropcrty of not less than one nor more than five mills on the dollar to the schools of the primary and gram- mar grades, for the equal benefit of all of the people of the State, to be apportioned on a basis of school population; the number of children be- tween the ages of seven and twenty years in each school district to be the basis of such apportionment; but if at any time the several kinds or classes of property shall be segregated for the purposes of taxation, so as to specify and determine upon what subjects State taxes and upon what subjects local taxes may be levied, then the General Assembly may otherwise pro- vide for a fixed appropriation of State revenue to the support of the schools not less than that provided in tliis section. Local school taxes Sec. 136. ^ Each county, city, town, if the same be a separate school dis- trict, and school district is authorized to raise additional sums by a tax on property, not to exceed in the aggregate in any one year a rate of levy to be fixed by law, to be apportioned and expended by the local school authorities of said counties, cities, towns and districts in establishing and maintaining such schools as in their judgment the public welfare may re- quire; provided that such primary schools as may be established in any school year, shall be maintained at least four months of that school year, before any part of the fund assessed and collected may be devoted to the establishment of schools of higher grade. The boards of supervisors of the several counties, and the councils of the several cities, and towns, if the same be separate school districts, shall provide for the levy and col- lection of such local school taxes. Agricultural, normal, manual training and technical schools Sec. 137. The General Assembly may establish agricultural, normal, manual training and technical schools, and such grades of schools as shall be for the public good. 1 As amended by amendment adopted November 2, 1920. CONSTITUTION OF VIRGINIA 285 Compulsory education; exceptions Sec. 138. ^ The General Assembly may, in its discretion, provide for the compulsory education of children of school age. Free text-books Sec. 139. Provision siuiU be made to supply cliildren attending the pub- lic schools with the necessary text-books in cases where the parent or guar- dian is unable, by reason of poverty, to furnish them. Mixed schools prohibited Sec. 140. White and colored cliildren shall not be taught in the same school. State appropriations prohibited to schools or institntions of learning not owned or exclusively controlled by State or some subdivision thereof; ex- ceptions to rule Sec. 141. Xo appropriation of public funds shall be made to any school or institution of learning not owned or exclusively controlled by the State or some political subdivision thereof; provided, first, that the General Assembly may, in its discretion, continue the appropriations to the Col- lege of William and Mary; second, that this section shall not be construed as requiring or prohibiting the continuance or discontinuance by the Cxen- eral Assembly of the payment of interest on certain bonds held by certain schools and colleges as provided bj' an act of the General Assembly, ap- proved February twenty-third, eighteen hundred and ninety-two, relating to bonds held by schools and colleges; third, that counties, cities, towns- and districts may make appropriations to non-sectarian schools of manual, industrial, or technical training, and also to any school or institution of learning owned or exclusively controlled l^y such county, city, town, or school district. Board of visitors and trustees of educational institutions, how. appointed, and term of office Sec. 142. Members of the boards of visitors or trustees of educational institutions shall be appointed as may be provided by law, and shall hold for the term of four years; provided, that at the first appointment, if the board be of an even number, one-half of them, or if of an odd number, the least majority of them, shall be appointed for two years. 1 As amended by amendment adopted November 2, 1920. 286 r,0\'l-.R\I\Tl-\T AND POIITICS 1\ \IK(".1MA Aktkij; X. A(;i{i(i i.Ti KK and Immigration Department of Agriculture and Immigration, ichere maintained, how con- trolled, composition, qualification of members, how appointed and term of office Sec. 14;;. There shall be a Department of Agriculture and Immigration, which shall he permanently maintained at the capital of the State, and wliicii shall l)e under the management and control of a Board of Agricul- ture and Immigration, composed of one meml)er from each congressional district, who shiill be a practical farmer, appointed by the Governor for a term of four years, subject to confirmation by the Senate, and the pres- ident of the Virginia Polytechnic Institute, who shall be ex-officio a member of the board; provided, that members of the board first appointed under tills Constitution from the congressional districts bearing odd luimbers shall hold office for two years. ' Poivers and duties of same Sec. 144. The powers and duties of tlie Ixmrd shall be prescribed by law; provided, that it sliall have power to elect and remove its officers, and establi.sh elsewhere in the State sulxjrdinate l)ranches of said depart- ment. Commissioner of Agriculture and Immigration; term of office; how elected; poirers and duties Sec. 145. There shall be a Commissioner of Agriculture and Inunigra- tion, whose term of office shall be four years, and who shall be elected by the qualified voters of the State, and w liosc jxiwcrs and duties shall be pre- scrii)ed by the Board of Agriculture and Innnigratidii until otherwise pro- vided by law. ' President of Board of Agriculture and I mmigration to he ex-officio member of Board of Visitors of Virginia Polytechnic Institute Sec. 146. The President of the Board of Agriculture and Immigration shall be ex-officio a member of the Board of Visitors of the Virginia Poly- technic Institute. Article XI. Public I.nstitutions and Prisons State Penitentiary Sec. 147. There shall be a State penitentiary, with .such branch prisons and prison farms as may be provided by law. CONSTITUTION OF VIRGINIA 287 Board of directors of same, number, how appointed, powers; super- intendents and surgeons Sec. 148. There shall be appointed by the Governor, subject to confir- mation by the Senate, a board of five directors, which, subject to such reg- ulations and re(iuirenients as may be prescribed by law, shall have the government and control of the penitentiary, branch prisons and prison farms, and shall appoint the superintendents and surgeons thereof. The respective superintendents shall appoint, and may remove, all other offi- cers and employees of the penitentiary, branch prisons and prison farms, subject to the approval of the board of directors. The superintendents and surgeons shall be appointed for a term of four years, and be removable by the board of directors for misbehavior, incapacity, neglect of official duty, or acts performed without authority of law. The terms of the di- rectors first appointed shall be one, two, three, four and five years, re- spectively, and thereafter, upon the e.xpiration of the term of a director, his successor shall be appointed for a term of five years. Boards of directos for State Hospitals for the Insane, number of members; how appointed, powers and terms of office Sec. 149. For each State hospital for the insane now existing, or hereafter established, there shall be a special board of directors, consisting of three memlaers, who shall be appointed l)y the Governor, subject to confirma- tion by the Senate; such board shall have the management of the hospital for which it is appointed, under the supervision and control of the general board of directors hereinafter constituted. The terms of the directors first appointed shall be two, foiu', and six years, respectively, and thereafter, . upon the expiration of tne term of a member, his successor shall be ap- pointed for a term of six years. General board of directors of State Hospitals for the Insane, composition and powers Sec. 150. There shall be a general board of directors for the control and management of all State hospitals for the insane now existing or hereafter established, which shall consist of all the directors appointed members of the several special boards. The general board of directors shall be sub- ject to such regulations and requirements as the General Assembly may from time to time prescribe, and shall have full power and control over the special boards of directors and all of the officers and employees of the said hospitals. 288 GOVERNMENT AND I'OI.ITIGS IX \IRGINIA Superititendents of State Hosjrilals for the Insane; how appointed; how and for ivhat removable; powers; how other resident officers of insane hospitals appointed; terms of office of superintendents Pec. 151. Tho poiioral l)Oiird of directors sl;;ill apiioint for a term of four years a superintemlent for each hospital, who shall bo removable by said board for misbehavior, incapacity, neglect of official duty, or acts per- formed without authorit}^ of law. The special board of each hospital shall, subject to the approval of the general board, appoint for a term of four years all other resident officers. The superintendent of each hospital shall appoint, and may remove, with the approval of the special board, all other employees of such hospital. Commissioner of State Hospitals for the Insane; how appointed; term of office, powers and duties; bond, salary Sec. 152. There shall !)(• a Commissioner of State Hospitals for the In- sane, who shall be appointed by the Governor, subject to confirmation by the Senate, for a term of four years. He shall be ex-officio chairman of the general and of each cf the special boards of directors, and shall be re- sponsible for the projier disbursement of all monej'S appropriated or re- ceived from any source for the maintenance of such hospitals; he shall cause to be established and maintained at all of the hospitals a uniform system of keeping the records and the accounts of money received and dis- bursed and of making the reports thereof. He shall perform such other duties and shall execute such bond and receive such salary as may be pre- scribed by law. AhTICLE Xll. COKPOK.VTIONS Definition of terms iiscd in article; article not to conflict with Federal Constitution Sec. 153. As used in this article, the term "corporation" or "company" shall include all trusts, associations and joint stock companies having any powers or privileges not possessed by individuals or unlimited partnerships, and exclude all municipal corporations and public institutions owned or controlled by the State; the term "charter" shall be construed to mean the charter of incorporation by, or under, w hich any such corporation is formed; the term "transportation company" shall include any company, trustee, or other person owning, leasing or operating for hire a railroad, street rail- waj', canal, steamboat or steamship line, and also any freight car company, car association, or car trust, express company, or company, trustee or person in any way engaged in business as a common carrier over a route acquired in whole or in part under the right of eminent domain; the term CONSTITUTION OF VIRGINIA 289 "rate" shall be construed to mean "rate of charge for any service rendered or to be rendered"; the terms "rate," "charge" and "regulation" shall include joint rates, joint charges and joint regulations, respectively; the term "transmission company" shall include any company owning, leasing, or operating for hire, any telegraph or telephone line; the term "freight" shall be construed to mean any property transported, or received for trans- portation, by any transportation company; the term "public service cor- poration" shall include all transportation and transmission companies, all gas, electric light, heat and power companies, and all persons authorized to exercise the right of eminent domain, or to use or occupy any street, alley or public highway, whether along, over, or under the same, in a man- ner not permitted to the general public; the term "person," as used in this article, shall include individuals, partnerships and corporations, in the singular as well as the plural number; the term "bond" shall mean all certificates, or written evidences, of indebtedness issued by any corpora- tion and secured by mortgage or trust deed; the term "frank" shall be construed to mean any writing or token, issued bj^, or under authority of, a transmission company, entitling the holder to any service from such compan.y free of charge. The provisions of this article shall always be so restricted in their application as not to confhct with any of the pro- visions of the Constitution of the United States, and as if the necessary limitations upon their interpretation had been herein expressed in each case. .4.5 to chartering of corporations and legislation relating thereto by General Assembly; surrender of charters; special acts regidating corporations pro- hibited Sec. 154. The creation of corporations, and the extension and amend- ment of charters (whether heretofore or hereafter granted), shall be pro- vided for by genera' laws, and no charter shall be granted, amended or extended by special act. nor shall authority in such matters be conferred upon any tribunal or officer, except to ascertain whether the applicants have, by complying with the requirements of the law, entitled themselves to the charter, amendment or extension apphed for, and to issue, or refuse, the same accordingly. Such general laws may be amended or repealed by the General Assembly; and all charters and amendments of charters, now existing and revocable, or hereafter granted or extended, may be re- pealed at any time by special act. Provision shall be made, by general laws,' for the voluntary surrender of its charter by any corporation, and for the forfeiture thereof for non-user or mis-user. The General Assembly shall not, by special act, regulate the affairs of any corporation, nor, by such act, give it any rights, powers or privileges. 290 GOX'KRXMFXT AXD POT.TTTrS TX \'TRGINIA nts uiulor oath, concerning their business; it shall keep itself fully informed of the physical condition of all the railroads of the State, as to the manner in which they are oper- ated, with reference to the security and accommodation of the public, and shall, from time to time, make and enforce such requirements, rules and regulations as may be necessary to prevent unjust or unreasonable discriminations by any transportation or transmission company in favor of, or against, any person, locality, community, connecting line, or kind of traffic, in the matter of car service, train or boat schedule, efficiency of transportation or otherwise, in connection with the jjublic duties of such company. Before the commission shall prescribe or fix any rate, charge, or classification of traffic, and before it shall make any order, rule, regu- lation or requirement directed against any one or more companies by name, the company or companies to be affected by such rate, charge, classification, order, rule, regulation or requirement, shall first be given, l)y the commission, at least ten days' notice of the time and place, when and where the contemplated action in the premises will be considered and disposed of, and shall be afforded a reasonable opportunity to intro- duce evidence and to be heard thereon, to the end that justice may be done, and shall have process to enforce the attendance of witnesses; and before the commission shall make or prescribe any general order, rule, regulation or requirement, not directed against any specific company or companies by names, the contemplated general order, rule, regulation or requirement shall first be published, in substance, not less than once a week for four consecutive weeks in one or more of the newspapers of general circulation CONSTITUTION OF VIRGINIA 293 published in the city of Riohmoiid, Virginia, together with notice of the time and place, when and where the commission will hear any objections which may be urged by any person interested, against the proposed order, rule, regulation or requirement; and every such general order, rule, regu- lation or requirement, made by the commission, shall be published at length, for the time and in the manner above specified, before it shall go into effect, and shall also, as long as it remains in force, be published in each subsequent annual report of the commission. The authority of the commission (subject to review on appeal as hereinafter provided) to pre- scribe rates, charges and classifications of traffic, for transportation and transmission companies, shall be paramount; but its authority to prescribe any other rules, regulations or requirements for corporations or other persons shall be subject to the superior authority of the General Assembly to legislate thereon by general laws; provided, however, that nothing in this section shall impair the right which has heretofore been, or may hereafter he, conferred by law ujion the authorities of any city, town or county to p rescribe rules, regulations or rates of charge to be observed by any public service corporation in connection with any services performed by it under a municipal or county franchise granted by such city, town or county, so far as such service may be wholly within the limits of the city, town or county granting the franchise. Upon the request of the parlies interested, it shall be the duty of the commission, as far as possible, to effect, by media- tion, the adjustment of claims, and the settlement of controversies be- tween transportation or transmission companies and their patrons. (c) In all matters pertaining to the public visitation, regulation or con- trol of corporations, and within the jurisdiction of the commission, it shall have the powers and authority of a court of record, to administer oaths, to compel the attendance of witnesses and the production of papers, to pun- ish for contempt any person guilty of disrespectful or disorderly conduct in the presence of the commission while in session, and to enforce compli- ance with any of its lawful orders or requirements by adjudging, and en- forcing bj' its own appropriate process, against the delinquent or offend- ing company (after it shall have been first duly cited, proceeded against by due process of law before *he commission sitting as a court, and afforded opportunity to introduce evidence and to be heard, as well against the validity, justness or reasonableness of the order or requirement alleged to have been violated, as against the liability of the company for the al- leged violation), such fines or other penalties as may prescribed or auth- orized by this Constitution or by law. The commission may be vested with such additional powers, and charged with such other duties (not in- consistent with this Constitution) as may be prescribed by law, in connec- tion with the visitation, regulation or control of corporations, or with the 294 GOVERNMENT AND POLITICS IN VIRGINIA prescribing and enforcing of rates and charges to be observed in the con- duct of any business where the State has the right to prescribe the rates and charges in connection therewith, or with the assessment of the prop- erty of corporations, or the appraisement of their franchises, for taxation, or with thr investigation of the subject of taxation generally. Any cor- poration failing or refusing to oi)oy any valid order or rcciuirement of the commission, within such reasonable time, not less than ten days, as shall be fixed in the order, may be fined by the commission (proceeding by due process of law as aforesaid) such sum, not exceeding five hundred dollars, as the conunission may deem proper, or such sum, in excess of five hundred dollars, as may be prescriljcd, or authorized by law; and each day's con- tinuance of such failure or refusal, after due service upon such corporation of the order or requirement of the commission, shall be a separate offence; provided, that should the f)poration of such order f)r re(|uirement l)e sus- pended pending an appeal therefrom, the period of such suspension shall not be computed against the company in the matter of its liability to fines or penalties. (d) From any action of the commission preseril)iiig rates, charges or classifications of traffic, or affecting the train scliedulc of any transpor- tation company, or requiring additional facilities, conveniences or public service of any transportation or transmission company, or refusing to approve a suspending bond, or requiring additional security thereon or an increase thereof, as provided for in sub-section (e) of this section, an appeal (subject to such reasonable limitations as to time, regulations as to procedure and provisions as to costs, as may be prescribed by law) may be taken by the corporation whose rates, charges or classification of traf- fic, schedule, facilities, conveniences or service, are affected, or by any person deeming himself aggrieved by such action, or (if allowed by law) by the Commonwealth. I'ntil otherwise provided by law, such appeal shall be taken in the manner in which appeals may be taken to the Supreme Court of Appeals from the inferior courts, except that such an ai)peal shall be of right, and the Supreme Court of Appeals may provide by rule for proceedings in the matter of appeals in any particular in which the existing rules of law are inapplicable. If such appeal i)e taken by the corporation whose rates, charges or classifications of traffic, .schedules, facilities, con- veniences or service are affected, the Commonwealth shall he made the appellee; but, in the other cases mentioned, the corporation so affected .shall be made the a[)pellee. The General A.ssembly may also, by general laws, provide for appeals from any other action of the commission, by the Commonwealth or by any person interested, irrespective of the amount involved. .\11 appeals from the commission shall I)e to the Supreme Court of Appeals only; and in all appeals to which the Commonwealth is a party. CONSTITUTION OF VIRGINIA 295 it shall be represented by the Attorney General or his legally appointed representative. No court of this Commonwealth (except the Supreme Court of Appeals, by way of appeals as herein authorized), shall have juris- diction to review, reverse, correct or annul any action of the commission, within the scope of its authority, or to suspend or delay the execution or operation thereof, or to enjoin, restrain or interfere with the commission in the performance of its official duties; provided, however, that the writs of mandatmts and prohibition shall lie from the Supreme Court of Appeals to the commission in all cases where such writs, respectively, would lie to an\' inferior tribunal or officer. (e) Upon the granting of an appeal, a writ of supersedeas may be awarded by the appellate court, suspending the operation of the action appealed from until the final disposition of the appeal; but, prior to the final re- versal thereof by the appellate court, no action of the commission pre- scribing or affecting the rates, charges or classification of traffic, of any transportation or transmission company shall be delayed, or sus])ended, in its operation, b.v reason of any appeal by such corporation, or by reason of any proceedings resulting from such appeal, until a suspend- ing bond shall first have been executed and filed with, and approved by, the commission (or approved on review by the Supreme Court of Appeals), payable to the Commonwealth, and sufficient in amount and security to insure the prompt refunding, by the appealing corporation, to the parties entitled thereto, of all charges which such company may collect or receive, pending the appeal, in excess of those fixed, or author- ized, by the final decision of the court on appeal. The commission, upon the execution of such bond, shall forthwith require the appealing company, under penalty of the immediate enforcement (pending the appeal and not- withstanding any supersedeas), of the order or requirement apj^ealed from, to keep such accounts, and to make to the commission, from time to time, such reports, verified by oath, as may, in the judgment of the commission, suffice to show the amounts being charged or received by the company, pending the appeal, in excess of the charge allowed by the action of the commission appealed from, together with the names and addresses of the persons to whom such overcharges will be refundable in case the charges made by the company pending the appeal be not sustained on such appeal; and the commission shall also, from time to time, require such company, under like penalty, to give additional security on, or to increase, the said suspending bond, whenever, in the opinion of the commission, the same may be necessary to insure the prompt refunding of the overcharges aforesaid. Upon the final decision of such appeal, all amoimts which the appealing company may have collected, pending the appeal, in excess of that auth- orized by such final decision, shall be promptly refunded by the company 296 GOVERNMENT AND POLITICS I.\ \ IRGINIA to the parties entitled thereto, in such manner, iiml thn>utili sucli methods of distribution, as may he prescribed by the conunission, or l)y law. All such api)eals affecting rates, charges or classifications of traffic, shall have precedence upon the docket of the appellate court, and shall be heard and disposed of promptly !)y the court, irrespective of its place of session, next after the habeas corpus, and Commonwealth's, cases already on the docket of the court. (f) In no case of appeal from the commission shall any new or addi- tional evidence be introduced in the appellate court; but the chairman of the commission, under the seal of the commission, shall certify to the aji- pcllate court all the facts upon which the action appealed from was based and which may be essential for the pr()[)er decision of the appeal, together with such of the evidence introduced before, or considered by, the com- mission as may be selected, specified and requirerl to be certified, by any part\' in interest, as well as such other evidence, so introduced or consid- ered, as the commission may deem proper to certify. The commission shall, whenever an appeal is taken therefrom, file with the record of the case, and as a part thereof, a written statement of the reasons upon which the action ai)pealed from was based, and such statement shall be read and considered by the appellate court, upon disposinjj; of the appeal. The appellate court shall have jurisdiction, on such apjieal, to consider and de- termine the reasonableness and justness of the action of the commission appealed from, as well as any other matter arising under such appeal; provided, however, that the action of the commission appealed from shall be regarded as prima facie just, reasonable and correct; but the court may, when it deems necessiirv, in the interest of justice, remand to the conunission any case pending on ai)peal, and require the same to l)e further investigated by the commission, and reported upon to the ourt (together with a certificate of such additional evidence as may be tentlered before the commission by any party in interest), before the ajipeal is finally decided. (g) Whenever the court, ui)on appeal, shall reverse an order of the com- mission affecting the rates, charges or the classification of traffic of any transportation or transmission company, it shall, at the same time, sub- stitute therefor such order as, in its opinion, the commission should have made at the time of entering the order appealed from; otherwise, the re- versal order shall not be valid. Such substituted order sliall have; the same force an(l effect (and none other) as if it had been entered by the conunis- sion at the time the original order appealed from was entered. The right of the commission to prescribe and enforce rates, charges, classifications, rules and regulations, affecting any or all actions of the commission theretofore entered by it -^iid appealed from, but based upon circum- CONSTITUTION OF VIRGINIA 297 stances or conditions different from those existing at the time the order appealed from was made, shall not be suspended or impaired by reason of the pendency of such appeal; but no order of the commission, prescribing or altering such rates, charges, classifications, rules or regulations, shall be retroactive. (h) The right of any person to inst tute and prosecute in the ordinary courts of justice, any action, suit or notion against any transportation or transmission company, for any claim or cause of action against such company, shall not be extinguished or impaired, by reason of any fine or other penalty which the commission may impose, or be authorized to im- pose, upon such company because of its breach of any public duty, or be- cause of its failure to comply with any order or requirement of the com- mission; but, in nc such proceeding by any person against such corporation, nor in any collateral proceeding, shall the reasonableness, justness or va- lidity of any rate, charge, classification of traffic, rule, regulation or re- quirement, theretofore prescribed by the commission, within the scope of its authority, and then in force, be questioned; provided, however, that no case based upon or involving any order of the commission shall be heard, or disposed of, against the objection of either party, so long as such order is suspended in its operation by an order of the Supreme Court of Appeals as authorized by this Constitution or by any law passed in pursuance thereof. (i) The commission shall make annuo] reports to the Governor of its proceedings, in which reports it shall recommend, from time to time, such new or additional legislation in reference to its powers or duties, or to the creation, supervision, regulation or control of corporations, or to the subject of taxation, as it may deem wise or expedient, or as may be required by law. - (j) [No sub-section "j" in official copy.] (k) Upon the organization of the State Corporation Commission, the Board of Public Works and the office of Railroad Commissioner shall cease to exist, and all books, papers and documents pertaining thereto shall be transferred to, and become a part of the records of, the office of the State Corporation Commission. (1) After the first day of January, nineteen hundred and five, in addi- tion to the modes of amendment provided for in Article Fifteen of this Constitution, the General Assembly, upon the recommendation of the State Corporation Commission, may, by law, from time to time, amend sub-sections a- to i, inclusive, of this section, or any of them, or any such amendment thereof; provided, that no amendment made under authority of this sub-section shall contravene the provisions of any part of this Con- stitution other than the sub-sections last above referred to or any such amendment thereof. 298 GOVERNMENT AND POLITICS IN VIRGINIA Fees from corporations Sec. 157. Provision shall l)c made by general laws for the payment of a fee to the Commonwealth hy every domestie corporation, upon the grant- ing, amendment or exten.sion of its charter, and by every foreign corpora- tion upon obtaining a license to do business in this State as specified in this section; and also for the paj^ment, by every domestic corporation, and foreign corporation doing business in thi.s State, of an annual registra- tion fee of not less than five dollars nor more than twenty-five dollars, which shall be irrespective of any specific license, or other, tax imposed by law upon such company for the privilege of carrying on its business in this State, or upon its franchise or property; and for the making, by every such corporation (at the time of j)aying such annual registration fee), of such report to the State Corporation Commission, of the status, busi- ness or condition of such corporation, as the General Assembly may pre- scril)e. No foreign corporation shall have authority to do business in this State until it shall have first obtained from the commission a license to do business in this State, upon such terms and conditions as may be prescribed by law. The failure by any corporation for two successive years to pay its annual registration fee, or to make its said annual re- ports, shall, when such failure shall have continuctl for ninety days after the expiration of such two years, operate as a revocation and aimulment of the charter of such corporation, if it be a domestic company, or, of its license to do business in this State if it be a foreign company; and the (Jeneral Assembly shall provide additional and suitable penalties for the failure of any corporation to comply promptly with the requirements of this section, or of any laws passed in pursuance thereof. The commis- sion shall compel all corporations to comply promjitly with such reciuire- ments, by enforcing, in the manner hereinbefore authorized, such fines and penalties against the delinquent company as may be provided for, or authorized by, this article; but the Ceneral A.ssembly may relieve from the payment of the said registration fee any purely charitable institutioa or institutions. Effect of amendment of previously obtained charter of corporation Sec. 158. Every corporation heretofore chartered in this State, which shall hereafter accept, or effect, any amendment or extension of its char- ter, shall l)e conclusively presumed to have thereby surrendered every e.xem[)tion from taxation, and every non-repealable feature of its charter and of the amendments thereof, and also all exclusive rights or privileges theretofore granted to it by the Cieneral Assembly and not enjoyed by other C(^rporations of a similar general character; and to have thereby agreed to thereafter hold its charter and franchises, and all amendments thereof, CONSTITUTION OF MRGINIA ' 299 under the provisions and subject to all the requirements, terms and con- ditions, of this Constitution and of any laws passed in pursuance thereof, •o far as the same may be applicable to such corporation. Eminent domain and police power of State never abridged Sec. 159. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from tak- ing the property and franchises of corporations and subjecting them to public use, the same as the property of individuals, and the exercise of the police power of the State shall never be abridged, nor so construed as to permit corporations to conduct their business in such manner as to in- fringe the equal rights of individuals or the general well-being of the State. Concerning rates of transportation and transmission companies Sec. 160. No transportation or transmission company shall charge or receive any greater compensation, in the aggregate, for transporting the same class-of passengers or property, or for transmitting the same class of messages, over a shorter than over a longer distance, along the same Ime aud in the same direction — the shorter being included in the longer dis- tance; but this section shall be not construed as authorizing any such com- pany to charge or receive as great compensation for a shorter as for a longer distance. The State Corporation Commission may, from time to time, authorize any such company to disregard the foregoing provisions of this •section, by charging such rates as the commission may prescribe as just and equitable between such company and the public, to or from any junc- tional or competitive points or localities, or where the competition of points located without this State may make necessary the prescribing of special rates for the protection of the commerce of this State; ])ut this section shall not apply to mileage tickets, or to an}^ special excursion, or commutation rates, or to special rates for services rendered to the govern- ment of this State, or of the United States, or in the interest of some public object, when such tickets or rates shall have been prescribed or authorized by the commission. Free transportation of members of General Assembly and of State, county, dis- trict, or municipal officers, except members and officers of State Corpora- tion Commission, prohibited; penalty; policeman and fireman excepted Sec. 161. No transportation or transmission company doing business in this State shall grant to any member of the General Assembly, or to 300 GOVKRXMRXT AND IH)LITICS IN VIRGINIA any State, county, district or municipal officer, except to members and officers of the State Corporation Commission for their personal use while in office, any frank, free pass, froo transportation, or any rebate or re- duction in the rates charged l)y such coinpiiny to the general pul)lic for like services. For violation of the provisions of this section the offending company shall be liable to such penalties as may be prescribed by law; and any member of the General Assembly, or any such officer, who shall, while in office, accept any gift, privilege or benefit as is prohibited by this section, shall thereby forfeit his off ice, and be subject to such further pen- alties as may be prescribed by law; but this section shall not prevent a street railway company from transporting free of charge any member of the police force or fire department while in the discharge of his official duties, nor prohibit the acceptance by any such policeman or fireman of such free transportation. Fellow-servant doctrine abolished to extent stated Sec. 1G2. The doctrine of fellow-servant, so far as it affects the liability of the master for injuries to his servant resulting from the acts or omissions of any other servant or servants of the common master, is, to the extent hereinafter stated, abolished as to every employee of a railroad company, engaged in the physical construction, repair or maintenance of its roadway, track or any of the structures connected therewith, or in any work in or upon a car or engine standing upon a track, or in the physical operation of a train, car, engine, or switch, or in any service requiring his presence upon a train, car or engine; and every such employee shall have the same right to recover for every injury suffered by him from the acts or omissions of any other employee or employees of the common master, that a servant would have (at the time when this Constitution goes into effect) if such acts or omissions were those of the master himself in the performance of a non-assignable duty; provided, that the injury, so suffered by such railroad employee, result from the negligence of an officer, or agent, of the company of a higher grade of service than himself, or from that of a person employed by the company, having the right, or charged with the duty, to control or direct the general services or the immediate work of the party injvired, or the general services or the immediate work of the co-employee through, or by, whose act or omission he is injured; or that it result from the negligence of a co-employee engaged in ancjther department of labor, or engaged upon, or in charge of, any car upon v, hich, or upon the train of which it is a part, the injured employee is not at the time of receiving the injury, or who is in charge of any switch, signal point, or locomotive en- gine, or is charged with dispatching trains or transmitting telegraphic CONSTITUTION OF VIRGINIA 301 or telephonic orders therefor, antl whether such neghgence be in the per- formance of an assignable or non-assignable dut j'. The physical con- struction, repair or maintenance of the roadway, track or any of the structures connected therewith, and the physical construction, repairs, maintenance, cleaning or operation of trains, cars or engines, shall be re- garded as different departments of labor within the meaning of this section. Knowledge, by any such railroad employee injured, of the defective or unsafe charactfer or condition of anj^ machinery, ways, appliances or structures, shall be no defence to an action for injury caused therebJ^ When death, whether instantaneous or not, results to such an employee from any injury for which he could have recovered, under the above pro- visions, had death not occurred, then his legal or personal representative, surviving consort, and relatives (and any trustee, curator, committee or guardian of such consort or relatives) shall, respectively, have the same rights and remedies with respect thereto as if his death had been caused by the negligence of a co-employee while in the performance, as vice- principal, of a non-assignable duty of the master. Every contract or agree- ment, express or implied, made by an employee, to waive the benefit of this section, shall be null and void. This section shall not be construed to deprive any employee, or his legal or personal representative, surviving consort or relatives (or any trustee, curator, committee or guardian of such consort or relatives), of any rights or remedies that he or they may have, by the law of the land, at the time this Constitution goes into effect. Nothing contained in this section shall restrict the power of the General Assembly to further enlarge, for the above-named class of employees, the rights and remedies hereinbefore provided for, or to extend such rights and remedies to, or otherwise enlarge the present rights and remedies of, any other class of employees of railroads or of employees of any person, firm or corporation. As to foreign corporations Sec. 163. No foreign corporation shall be authorized to carry on, in this State, the business, or to exercise any of the powers or functions, of a public service corporation, or be permitted to do anything which domestic corporations are prohibited from doing, or be relieved from compliance with any of the requirements made of similar domestic corporations by the Constitution and laws of this State, where the same can be made ap- plicable to such foreign corporation without discriminating against it. But this section shall not affect any public service corporation whose line or route extends across the boundary of this Commonwealth, nor prevent any foreign corporation from continuing in such lawful business as it may be actually engaged in within this State when this Constitution goes into 302 GO\ER\MK\T AND POLITICS I.\ \ IRGINIA effect; but any such foreign jiuljlic service corporation, so engaged, shall not, without first becoming incorporated under the hiws of this State, be authorized to acquire, lease, u.se or operate, within this State, any pul)iic or municipal franchise or franchises in addition to such as it may own, lease, use or operate when this Constitution goes into effect. The projjcrty, within this Stale, of foreign corporations shall always l)e sul)ject to attachment, the same as that of non-resident individuals; and nothing in this section shall restrict the power of the General Assemi)ly to dis- criminate against foreign corporations whenever, and in whatsoever re- spect, it may deem \\isc oi- expedient. Right of regulation and control vj common carriers and public service corpo- rations never surrendered or abridged Sec. Kit. The right of the Cununonwealth, through such instrumental- ties as it may select, to prescribe and define the public duties of all com- mon carriers and public service corporations, to regulate and control them in the performance of their public duties, and to fix and limit their charges therefor, shall never be surrendered nor abridged. General Assembly shall enact laws preventing trusts, combinations and mo- nopolies inimical to the public welfare Sec. 165. The General Assembly shall enact laws preventing all trusts, combijiations and monopolies, inimical to the pul)Iic welfare. Right to parallel railroads; a.s to building road parallel to Richuwnd, Freder- icksburg and Potomac Railroad Compamj; duties of connecting railroads Sec. 166. The exclusive rigiit lo build or operate railroads i)arallel to its own, or any other, line of railroad, shall not be granted to any company, but every railroad company shall have the right, subject to such reasonable regulations as may be prescribed by law, to parallel, intersect, connect with or cross, with its roadway, any other railroad or railroads; but no railroad comp)any shall build or operate any hne of railroad not specified in its charter, or in some amendment thereof. All railroad companies, whose lines of railroad coimect, shall receive and transport each other's pas.sengers, freight, and loaded or empty cars, without delay or discrimi- nation. Nothing in this section shall deprive the General As.sembly of the right to prevent by statute, repealable at {)leasure, any railroad from being built parallel to the present line of the Richmond, Fredericksburg and Potomac Railroad. CONSTITUTION OF VIRGINIA 303 Concerning issuance of stocks and bonds by corporations; pen- alty for I'iolation Sec. 167. The General Assembly shall enact general laws regulating and controlling all issues of stock and bonds bj' corporations. Whenever stock or bonds are to be issued by a corporation, it shall, before issuing the same, file with the State Corporation Commission a statement (veri- fied by the oath of the president or secretary of the corporation, and in such form as may be prescribed or permitted by the commission) setting forth fully and accurately the basis, or financial plan, upon which such stock or bonds are to be issued; and where such basis or plan includes services or property (other than money), received or to be received by the company, such statement shall accurately specify and describe, in the manner prescribed, or permitted, by the commission, the services and property, together with the valuation at which the same are received or to be received; and such corporation shall comply with any other require- ments or restrictions which may be imposed by law. The General As- sembly shall provide adequate penalties for the violation of this section, or of any laws passed in pursuance thereof; and it shall be the duty of the commission to adjudge, and enforce (in the manner hereinbefore provided), against any corporation refusing or failing to comply with the provisions of this section, or of any laws passed in pursuance thereof, such fines and penalties as are authorized l)y this Constitution, or may be prescribed by law. Article XIII. T.\xatiox axd Finance Taxable property; taxes shall be xiniform as to class of subjects and levied and collected under general laws Sec. 168. All property, except as hereinafter provided, shall be taxed; all taxes, whether State, local, or municipal, shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws. How property assessed; General Assembly may grant cities and towns right to reduce taxation for a period of years on land added to corporate limits; right of General Assembly to segregate property for purposes of taxation Sec. 169. Except as hereinafter provided, all assessments of real estate and tangible personal property shall be at their fair market value, to be ascertained as prescril)ed by law. The General Assembly may allow a lower rate of taxation to be imposed for a period of j'ears by a city or town upon land added to its corporate limits, than is imposed on similar prop- .^04 C.OX-KRXMFA r AM) I'OLITICS IN \IRGIXIA erty within its limits at the time such land is added. Nothing in this Con- stitution shall prevent the General .\ssembly, after the first day of Jan- uary, ninotccu hundrod and thirtci'ii, from scurogating for the purposes of taxation, the several kinds or classes or property, so as to specify and determine upon what subjects, State taxes, and upon what subjects, local taxes may be levied. Income, license and Jranchise taxes; paving and sewer taxes; abut- ting land OLcners Sec. 170. The (^leneral Assembly may levy a tax on incomes in excess of six hundred dollars per annum; may levy a license tax upon any busi- ness wliich caiuKit l)c reached by the ad valorem system; and may impose State franchise taxes, and in imposing a franchise tax, ma.v, in its discre- tion, make the same in lieu of taxes upon'other property, in whole or in part, of a transportation, industrial, or commercial corporation. When- ever a franchise tax shall be imposed upon a corporation doing business in this State, or whenever all tlie capital, however invested, of a corporation chartered imder the laws of this State, shall be taxed, the shares of stock issued by any such corporation shall not be further taxed. No city or town shall impose any tax or assessftient upon abutting land owners for street or other public local improvements, except for making and imi)roving the walkways upon then existing streets, and improving and jniving then existing alleys, and for either the construction, or for the use of sewers; and the same, when imposed, shall not be in excess of the peculiar benefits resulting therefrom to such abutting land owners. Except in cities and towns, no such ta.xes or a.ssessments, for local public improvements, shall be imposed on abutting land owners. Reassessments of real estate Sec. 171. The General Assembly shall provide for a reassessment of real estate, in the year nineteen hundred and five, and every fifth year there- after, except that of railway and canal corporations, which, after January the first, nineteen hundred and thirteen, may be assessed as the General Assembly may provide. Assessment of coal and mineral lands Sec. 172. The General Assembly shall provide for the special and sepa- rate as.sessment of all coal and other mineral land; but until such special assessment is made, such land shall be a.ssessed under existing laws. CONSTITUTION OF MRGINIA 305 State, county, and municipal capitation taxes Sec. 173. The General Assembly shall levy a State capitation tax of, and not exceeding, one dollar and fifty cents per annum on every male resident of the State not less than twenty-one years of age, except those pensioned by this State for military services; one dollar of which shall be applied exclusively in aid of the public free schools, in proportion to the school population, and the residue shall be returned and paid by the State into the treasury of the county or city in which it was collected, to be appropriated by the proper county or citj' authorities to such county or city purposes as they shall respectively determine; but said State capitation tax shall not l)e a lien upon, nor collected by legal process from, the per- sonal property which may be exempt from levy or distress under the poor debtor's law. The General Assembly may authorize the board of super- visors of any county, or the council of any city or town, to levy an addi- tional capitation tax not exceeding one dollar per annum on every such resident within its limits, which shall be applied in aid of the. public schools of such county, city or town, or for such other county, city or town pur- poses as they shall determine. Statute of limitations shnJl not run against State taxes; failure to assess not to defeat subsequent assessinent and collection of taxes; exception as to bona fide purchaser for value Sec. 174. After this Constitution shall be in force, no statute of limita- tions shall run against any claim of the State for taxes upon any property; nor shall the failure to assess property for taxation defeat a subsequent assessment for and collection of taxes for any preceding year or years, unless such property shall have passed to a bona fide purchaser for value, without notice; in which latter case the property shall be assessed for tax- ation against such purchaser from the date of his purchase. Xatural oyster beds Sec. 175. The natural oyster beds, rocks, and shoals, in the waters of this State, shall not be leased, rented or sold, but shall be held in trust for the benefit of the people of this State,' subject to such regulations and re- strictions as the General Assembly may prescribe, but the General As- sembly may, from time to time, define and determine such natural beds, rocks or shoals, by surveys or otherwise. Assessment and taxation of railroad and canal companies Sec. 176. The State Corporation Commission shall annually ascertain and asse.ss, at the time hereinafter mentioned, and in the manner required 306 (,()\f:rnmi:\t and politics in \irc;l\ia of the lioard of I'ulilic Works, hv tlic law in force on .J:inuary the first, nineteen hundred and two, llic wiliic of the roadhcd, and other real es- tate, roihng stock, and all other personal property whatsoever (exeei)t its franchise and the non-taxal)Ie shares of stock issued by other corporations) in this State, of each railway corporation, whatever its motive power, now or hereafter hahle for taxation upon such property; the canal bed and other real estate, the boats and all other j)ersonal property whatsoever (except its franchise and the non-taxable siiares of stock issued by other corporations) in this State, of each canal corporation, empowered to con- duct transportation; and such property shall be taxed for State, county, city, town and district purposes in the same maimer as authorized by said law, at such rates of taxation as may be imposed by them, respectively, from time to time, upon the real estate and personal property of natural persons; provided, that no tax shall be laid upon the net income of such corporations. Franchise tax of railroad and canal companies Sec. 177. Each .such railway or canal corporation, including also any such as is exempt from taxation as to its works, visible proi)erty, or profits, shall also pay an annual State franchi.se tax equal to one per centum upon the gross receipts hereinafter specified in .section One Hundred and Sev- enty-eight, for the privilege of exercising its franchises in this State, which, with the taxes provided for in section One Hundred and Seventy- six, shall be in lieu of all other taxes or license charges whatsoever upon the franchises of such corporation, the shares of stock issued l)y it, and upon its property as.sessed under section One Hundred and Seventy-six; provided, that nothing herein contained shall exempt such corporation from the annual fee required by section One Hundred and Fifty-seven of this Constitution, or from a,sse.ssmcnts for street and otlier i)ublic local improvements authorized by section One Hundred and Seventy; and pro- vided further, that nothing herein contained shall annul or interfere with, or prevent any contract or agreement by ordinance between street rail- way corporations and municipalities, as to compen.sation for the u.se of the streets or alleys of such municipalities by such railway corporations. Amount and ascertainment of such franchise tax Sec. 178. The amount of such franchise tax shall be (-(lual to one per centum of the gross transportation receipts of such corporations for the year ending June the thirtieth of each year, to be ascertained by the State Corporation Commission, in the following manner: CONSTITUTION OF VIRGINIA 5C7 (.a) When the road or canal of the corporation lies wholly within this State, the tax shall be equal to one per centum of the entire gross transpor- tation receipts of such corporation. (b) When the road or canal of the corporation lies partly within and partly without this State, or is operated as a part of a line or system ex- tending beyond this State, the tax shall be equal to one per centum of the gross transportation receipts earned within this State, to be deter- mined as follows: By ascertaining the average gross transportation re- ceipts per mile over its whole extent within and without this State, and multiplying the result by the number of miles operated within this State; l)rovided, that from the sum so ascertained there may lae a reasonable deduction because of an\- excess of value of the terminal facilities or other similar advantages in other States over similar facilities or advantages in this State. Reports of corporations to Corporation Commission Sec. 179. Each corporation mentioned in sections One Hundred and Seventy-six and One Hundred and Seventy-seven shall annually, on the first day of September, make to the State Corporation Commission the report which the law, in force January the first, nineteen hundred and two, required to be made annually to the Board of Public Works by every rail- road and canal company in this State, not exempt from taxation by virtue of its charter, which report shall also show the property taxable in this State belonging to the corporation on the thirtieth day of June preceding,, and its total gross transportation receipts for the year ending on that date. Upon receiving such report the State Corporation Commission shall, after thirty days' notice previously given, as provided by said law, assess the value of the property not exemj)t from taxation, of the corporation, and ascertain the amount of the franchise tax and other State taxes chargeable against it. All taxes for which the corporation is liable shall be paid on or before the first day of December following. The provisions of said law, ex- cept as changed by this article, shall apply to the ascertainment and collec- tion of the franchise, as well as other taxes of such corporations. Said taxes, until paid, shall be a lien upon the property within this State of the corpo- ration ouming the same, and take precedence of all other liens or incum- brances. Application by corporation for relief from assessment for taxation; proceedings thereunder Sec. 180. Any corporation aggrieved by the assessment and ascertain- ment made under sections One Hundred and Seventy-six and One Hun- 308 GO\ERXMEXT AND POLITICS L\ \IRGL\IA (Irod and Scventy-eiKht may, within thirty days after receiving a certi- fied copy thereof, ai)i)ly for relief to the circnit court of the city of Rich- mond. Notice of the application, settinji fortli the gnnuuls of complaint, verified hy affiilavit, shall be served on the State Corporation Com- mission, and on the Attorney General, whose duty it shall be to represent the State. The court, if of opinion that the assessment or tax is excessive, shall reduce the same; but, if of opinion that it is insufficient, shall increase the same. Unless the applicant paid the taxes under protest, when due, the court, if it disallow the ajjplication, shall {jive judgment against it for a sum, by way of damages, equal to interest at the rate of one per cen- tum per month upon the amount of taxes from the time the same were payable. If the application be allowed, in whole or in part, appropriate relief shall be granted, including the right to recover any excess of taxes that may have been paid, with legal interest thereon, and costs, from the State or local authorities, or both, as the case may be; the judgment to be enforceable by mandamus or other process issuing from the court finallj' .adjudicating the apjilication. Sul)ject to the jjrovisions of Article Six of tliis Constitution, the Supreme Court of Ajjpeals may allow a writ of ■error to either party. Taxation of corjporations as stated in sections 176 to 180, inclusive, to remain fixed from January 1, 1903, to January 1, 1913, and thereafter until modi- fied hy General Assembly. Sec. 181. After January the first, nineteen hundred and three, the sys- tem of taxation, as to the corporations mentioned in sections One Hundred and Seventy-six and One Hundred and Seventy-seven, shall be as set forth in sections One Hundred and Seventy-six to One Hundred jind Eighty, inclusive; and for that year the franchise tax shall be based upon such gro.ss receipts for the year ending tlie thirtieth day of June, nineteen hun- dred and three, and such system shall so remain until the first day of Jan- uary, nineteen hundred and thirteen, and thereafter until modified or changed, as may be prescribed by law; provided, that, if the said system shall for any reason become inoperative, the Ceneral Assembly shall have power to adopt some other system. Taxation of shares of stock of trtist or security companies and incorporated banks Sec. 182. Until otherwise i)rescribed by law, the shares of stock issued by trust or security companies chartered In- this State, and b\' incorporated banks, shall be taxed in the same manner in which the shares of stock is- CONSTITUTIOX OF MRGINIA 309 sued by incorporated banks were taxed, l)y the law in force January the first, nineteen hundred and two; but from the total assessed value of the shares of stock of any such company or bank, there shall be deducted the assessed value of its real estate otherwise taxed in this State, and the value of each share of stock shall be its proportion of the remainder. Property exempt from taxation Sec. 183. Except as otherwise provided in this Constitution, the follow ing property, and no other, shall be exempt from taxation, State and local; but the General Assembly may hereafter tax any of the property hereby exempted save that mentioned in sub-section (a) : (a) Property directly or indirectly owned l)y the State, however held, and property lawfully owned and held by counties, cities, towns or school districts, used wholly and exclusively for county, city, town, or public- school purposes, and obligations issued by the State since the fourteenth day of February, eighteen hundred and eighty-two, or hereafter exempted by law. (b) Buildings, with lanil they actually occupy, and the furniture and furnishings therein lawfullj' owned and held by churches or religious bodies, and wholly and exclusively used for religious worship, or for the residence of the minister of any such church or religious body, together with the additional adjacent land reasonably necessary for the convenient use of any such building. (c) Private family burying-grounds, nor exceeding one acre in area, re- served as such by will or deed, or shown by other sufficient evidence to be reserved as such, and so exclusively used, and jjublic burying-grounds and lots therein exclusivel}' used for burial purposes, and not conducted for profit, whether owned or managed by local authorities or by private corporations. (d) Buildings, with the land they actually occupy, and the furniture, fm-nishings, books and instruments therein, wholly devoted to educational purposes, belonging to, and actually and exclusively occupied and used by churches, public libraries, incorporated colleges, academies, industrial schools, seminaries, or other incorporated institutions of learning, includ- ing the Virginia Historical Society, which are not corporations having shares of stock or otherwise owned by individuals or other corporations; together with such additional adjacent land owned by such churches, libraries and educational institutions as may be reasonably necessary for the convenient use of such buildings, respectively; and also the buildings thereon used as residences by the officers or instructors of such educational institutions; and also the permanent endowment funds held by such li- 310 GOVERNiMENT AND POLITICS IN VIRGINIA braries and educational institutions directly or in trust, and not invested in real estate; provided, tliat such libraries and educational institutions are not conducted for profit of any jjcrson or persons, natural or corporate, directly, or under any guise or pretence whatsoever, liut the exemption mentioned in this sub-section shall not apply to any industrial school, individual or corporate, not the property of the .State, which dcjes work for conii)ensation, or manufactures and sells articles, in the community in whicli such school is located; provided, that nothing herein contained shall restrict any such school from doing \\-ork for or selling its own products or any other articles to any of its students or employees. (e) Real estate belonging to, actually and exclusively occupied, and used b\ , and personal property, including endowment funds, belonging to Young Men's Christian Associations, and other similar religious associations, orphan or other asylums, reformatories, hospitals and nunneries, which are not conducted for profit, but purely and completely as charities. (f) Buildings, with the land they actually occupy, and the furniture and furnishings therein, belonging to any benevolent or charitable asso- ciation and used exclusively for lodge purposes or meeting rooms by such association, together with such additional adjacent land as may be nec- essary for the convenient use of the buildings for such purposes; and (g) Property belonging to the Association for the Preservation of Vir- ginia Antiquities, the Confederate Memorial Literary Society, and the Mount Vernon Ladies' Association of the Union. No inheritance tax shall be charged, directly or indirectly, against any legacy or devise made according to law for the benefit of any institution or other body or any natural or corporate jjerson whose i)roi)erty is exempt from taxation as hereinbefore mentioned in this section. Nothing contained in this section shall be construed to exempt from tax- ation the property of any person, firm, association or corporation, who shall, expressly or imi)licdly, dir(>ct]y or indirectly, contract or promise to pay any sum of money or other benefit, on account of death, sickness, or acci- dent to any of its members or any other person; and whenever any build- ing or land, or part thereof, mentioned in this section and not belonging to the State, shall be leased or siiall be a source of revenue or profit, all of such buildings and land shall be liable to taxation as other land and build- ings in the same county, city, or town; and nothing herein contained shall be construed as authorizing or requiring any county, city or town to tax for county, city or town purposes, in violation of the rights of the lessees thereof existing under any lawful contract heretofore made, any real estate owned by such county, city or town, and heretofore leased by it. Obligations issued by counties, cities, or towns may be e.xempted by the authorities of such localities from local ta.\ation. CONSTITUTION OF VIRGINIA 311 Contraction of debts and issue of evidences of indebtedness by State jn-ohiMted with certain exceptions Sec. 184. 1 No debt shall be contracted by the State except to construct, or recon.struct, public road.s, to meet casual deficits in the revenue, to re- deem a previous liability of the State, to suppress insurrection, repel in- vasion, or defend the State in time of war. No scrip, certificate, or other evidence of State indebtedness, shall be issued except for the transfer or redemption of stock previously issued, or for such debts as are expressly authorized in this Constitution. Lending of credit to, or subscription to stock of, corporations or persons by State, county, city or town prohibited; State shall become interested in no icork of internal improvement except public roads. Exception as to coun- ties, cities and towns. Sec. 185. Neither the credit of the State, not of any county, city, or town, shall be, directly or indirectly, under any device or pretence whatso- ever, granted to or in aid of any person, association, or corporation; nor shall the State, or any county, city, or town subscribe to or become in- terested in the stock or obligations of any company, association or corpo- ration, for the purpose of aiding in the construction or maintenance of its work; nor shall the State become a party to or become interested in any work of internal improvement, except public roads, or engaged in carrying on any such work; nor assume any indebtedness of any county, city, or town, nor lend its credit to the same; but this section shall not pre- vent a county, city or town from perfecting a subscription to the capital stock of a railroad company authorized by existing charter conditioned upon the affirmative vote of the voters and freeholders of such county, city, or town in favor of such subscription; provided, that such vote be had prior to July first, nineteen hundred and three. Collection and disposition of State revenue; payment of money from State treasury; what appropriations .shall not be made Sec. 186. All taxes, licenses, and other revenue of the State, shall be collected by its proper officers and paid into the State treasury. No money shall be paid out of the State treasury except in pursuance of appropria- tions made by law; and no such appropriation shall be made which is payable more than two years after the end of the session of the General Assembly, at which the law is enacted authorizing the same; and no ap- propriation shall be made for the payment of any debt or obligation created 1 As amended by amendment adopted November 2, 1920. 312 GOVERNMENT AND POLITICS IN VIRGINIA in the name of the State during the war between the Confederate States and the Ignited States. N(!r shall any county, city, or town pay any debt or obligation created by such county, city, or town in aid of said war. Sinking fund for State debt; every law creating a debt to provide for a sinking fluid for its payment Sec. 187. The General Asscml)ly shall provide and maintain a sinking fund in accordance with the provisions of section Ten of the act approved February the twentieth, eighteen hundred and ninety-two, entitled "an act to provide for the settlement of the public debt of Virginia not funded inidor the provisons of an act entitled an act to ascertain and declare Virginia's equitable share of the debt created before, andactuall}' existing at the time of the partition of her territory and resources, and to provide for the issuance of bonds covering the same, and the regular and prompt payment of the interest thereon, approved February the fourteenth, eigh- teen hundred and eighty-two." Every law hereafter enacted by the General Assembly, creating a debt or authorizing a loan, shall provide for the creation and maintenance of a sinking fund for the payment or redemp- tion of the same. Limit of tax or revenue Sec. 188. No other or greater amount of tax or revenue shall, at any time, be levied than may be required for the necessary expenses of the govern- ment, or to pay the indebtedness of the State. Rate of taxation; application of proceeds; pensions Sec. 189. On all lands and the improvements thereon, and on all tangi- ble personal property, not exempt from taxation by the provisions of this article, the rate of State taxation shall be twenty cents on every hundred dollars of the assessed value thereof, tiie proceeds of which shall be ap- plied to the expenses of the government and the indebtedness of the State, and a further tax of ten cents on every hundred dollars of the assessed value thereof, which shall be applied to the support of the pul)lic free schools of the State; provided, that after the first day of January, nineteen hun- dred and seven, the tax rate upon said real and personal property for such purposes shall be prescribed by law. But the General Assembly, during such period of four years, in addition to making annually an appropriation for pensions not to exceed the last appropriation made for such i)urpose prior to September the thirtieth, nineteen hundred and one, may levy annually, a special tax for pensions, on such real and personal property of not exceeding five cents on the hundred dollars of the assessed value thereof. CONSTITUTION OF \ IRGINTA 315 Article XIV. Miscellaneous Provisions Homestead exemptions; when not to apply Sec. 190. Every householder or head of a family shall be entitled, in addition to the articles now exempt from levy or distress for rent, to hold exempt from levy, seizure, garnishment, or sale under any execution, order, or other process issued on any demand for a debt hereafter con- tracted, his real and personal property, or either, including money and debts due him, to the value of not exceeding two thousand dollars, to be selected by him; provided, that such exemption shall not extend to any execution, order, or other process issued on any demand in the following cases : First. For the purchase price of said property, or any part thereof. If the property purchased, and not paid for, be exchanged for, or converted into, other property bj^ the debtor, such last named property shall not be exempted from the payment of such unpaid purchase money under the provisions of this article; Second. For services rendered by a laboring person or mechanic; Third. For liabilities incurred by any public officer, or officer of a court, or anj' fiduciary, or any attorney-at-law for monej' collected; Fourth. For a lawful claim for any taxes, levies, or assessments accruing after the first day of June, eighteen hundred and sixty-six; Fifth. For rent. Sixth. For the legal or taxable fees of any public officer or officer of a court. In ivhat property homestead exemptions cannot he claimed See. 191. The said exemption shall not be claimed or held in a shifting stock of merchandise, or in any property, the conveyance of which by the homestead claimant has been set aside on the ground of fraud or want of consideration. Manner and conditions on u'hich homestead may be set apart, to be pre- scribed by General Assembly Sec. 192. The General Assembly shall prescribe the manner and the conditions on which a householder or head of a family shall set apart and hold for himself and family a homestead in any of the property hereinbe- fore mentioned. But this section shall not be construed as authorizing the General Assembly to defeat or impair the benefits intendetl to be con- ferred by the provisions of this article. 314 GOVERNMENT AND POLITICS IN VIRGINIA Homestead prenously claimed not invalidated Sec. 19.?. Nothing contained in this article shall invahdate any home- sfoad oxciiiption heretofore claimed under the provisions of the former Constitution; or impair in any manner the right of any householder or head of a family existing at the time that this Constitution goes into effect, to select the exemption, or any part thereof, to which he was en- titled under the former Constitution; provided that such right, if here- after exercised, be not in conflict with the exemptions set forth in sections One Hundred and Ninety and One Hundred and Ninety-one. But no person who has selected and received the full exemption allowed by thu former Constitution, shall he entitled to select an additional exemptioe under this Constitution; antl no person who has selected and received part of the exemption allowed by the former Constitution shall be entitled to select an additional exemption beyond the difference between the value of such part and a total valuation of two thousand dollars. So far as nec- essary to accomplish \hvt purposes of this section the provisions of chapter One Hundred and Seventy-eight of the Code of Virginia, and the acts amendatory thereof, shall remain in force until repealed by the General As.sembly. The provisions of this article shall be liberally construed. Stay laws prohibited; exception I Sec. 194. The General Asseml)ly is hereby prohibited from passing any law staying the collection of debts, commonly known as ''stay laws"; but this section shall not be construed as prohibiting any legislation which the General .\ssembly ma.y deem necessary to fully carry out the i)rovisions of this article. Heirs of properly; childern of slaves Sec. 195. The children of parents, one or both of whom were slaves at and during the period of cohabitation, and who were recognized l)y the father tis his children, and whose mother was recognized by such father as his wife, and was cohabited with as such, shall be as capable of inherit- ing any estate whereof such father may have died seized, or possessed, or to which he was entitled, as though they had been born in lawful wedlock. Article XV. Future Changes in the Constitution Amendments Sec. 196. Any amendment or amendments to the Constitution may be proposed in the Senate or Hou.se of Delegates, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their jour- CONSTITUTION OF VIRGINIA 315 nals, with the ayes and noes taken thereon, and referred to the General Assembly at its first reguhir session held after the next general election of menihers of the House of Delegates, and shall be published for three months previous to the time of such election. If, at such regular session the proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the General Assembly to submit such proposed amendment or amendments to the people, in such manner and at such times as it shall prescribe; and if the peoi)le shall approv'e and ratify such amendment or amendments by a majority of the electors, qualified to vote for members of the General Assembly, voting thereon, such amendment or amendments shall become part of the Constitution. Constitutional Convention; how called Sec. 197. At such time as the General Assembly may provide, a majority of the members elected to each house being recorded in the affirmative, the question, "shall there be a convention to revise the Constitution and amend the same?'' shall be submitted to the electors qualified to vote for members of the General Assembly; and in case a majority of the electors so qualified, voting thereon, shall vote in favor of a convention for such purpose, the General Assembly, at its next session, shall provide for the election of delegates to such convention; and no convention for such pur- pose shall be otherwise called. SCHEDULE That no inconvenience maj' arise from the adoption of this Constitu- tion, and in order to provide for carrjnng it into complete operation, it is hereby ordained that: Common and statute laws; how long in force Section 1. The common law and the statute laws in force at the time this Constitution goes into effect, so far as not repugnant thereto or re- pealed thereby, shall remain in force until they expire by their own limi- tation, or are altered or repealed by the General Assembly. Effect of ordinances of Convention Sec. 2. All ordinances adopted by this convention, and appended to the official original draft of the Constitution delivered to the Secretary of the Commonwealth, shall have the same force and effect as if they were parts of this Constitution. 316 GOVERNMENT AND POLITICS !N VIRGINIA Actions, urits and causes of action to continue; juricdiction of courts Sec. 3. Except as modified by this Constitution, all writs, actions and causes of action, prosecutions, rights of individuals, of l>odies corporate or politic, and of the State, shall continue. All legal proceedings, civil and criminal, pending at the time this Constitution goes into effect, or insti- tuted prior to the finst day of Fel)ruary, nineteen hundred and four, in any county or circuit court as now existing, shall be prosecuted therein; provided, that all such matters, which are not finally terminated before the day last above mentioned, shall, on that date, by operation of this Consti- tution and Schedule, be transferred to the circuit court of the county or city created under this Constitution, and shall be proceeded with therein. All such matters pending in the city courts, preserved by this Constitu- tion, when the same goes into effect, or thereafter instituted therein, shall continue in said courts, and be therein proceeded with, until otherwise provided by law. All matters before justices of the peace or police jus- tices at the time this Constitution goes into effect, shall be proceeded with before them, until otherwise provided by law. All legal proceedings prosecuted after this Constitution goes into effect, whether in any of the courts now existing, or in those created by this Constitution, shall be pro- ceeded with in the manner now or hereafter provided by law, except as otherwise required by this Constitution. Escheats, fines and forfeitures, etc. Sec. 4. All taxes, fines, penalties, forfeitures and escheats, accrued or accruing to the Commonwealth or to any political subdivision thereof, under the present Constitution, or under the laws nows in force, shall, under this Constitution, enure to the use of the Commonwealth, or of such subdivision thereof. Recognizances, obligations, etc., remain binding and valid Sec. 5. All recognizances, and other obligations, and all other instru- ments entered int(j or executed before the adoption of this Constitution, or before the complete organization of the departments thereunder, to the Commonwealth, or to any county or political subdivision thereof, city", town, board, or other public corporation or institution therein, or to any public officer, shall remain binding and valid, and rights and liabilities thereunder shall continue and may be enforced or prosecuted in the courts of this State as now or hereafter provided by law. CONSTITUTION OF VIRGINIA 317 Supreme Court of Appeah Sec. 6. From the day this Constitution goes into effect, the present judges of the Supreme Court of Appeals, or their successors thru in office, shall be the judges of the Supreme Court of Appeals created by this Con- stitution, and continue in office, unless sooner removed, until February the first, nineteen hundred and seven. The jurisdiction of the court shall be as now or hereafter provided by law, sul)jcct to the provisions of this Constitution. All proceedings, then i)endiiig in the court as now organ- ized, shall, by virtue of this Constitution, be transferred to and disposed of by the court created by this Constitution. County Courts Sec. 7. The present judicial system of county and circuit courts of the Commonwealth is continued, and the terms of the several judges thereof, with the powers and duties now possessed by them respectively, are con- tinued, until the first day of February, nineteen hundred and four, as if this Constitution had not been adopted; on which day the judicial system of circuit courts created by this Constitution shall go into operation. The terms of the judges of the city courts, as preserved by this Constitution, of the cities of Alexandria, Charlottesville, Danville, Fredericksburg, LjTichburg, Petersburg, Norfolk, Portsmouth, Richmond, Staunton, Manchester, Roanoke, Winchester, and Newport News, shall continue until the first day of February, nineteen hundred and seven; and the terms of the judges of the city courts, as preserved by this Constitution, of the cities of Bristol, Radford and Buena Vista, shall continue until the first day of February, nineteen hundred and four, imless the said courts shad be sooner abolished. The privilege now allowed by statute to judges of county courts and to judges of certain city courts to practice law, shall continue during the terms of the judges whose terms are continued by this Schedule, unless otherwise provided by law. Clerks of courts Sec. 8. The terms of the clerks of the county and circuit courts now in office, or their successors, shall continue until the first day of February, nineteen hundred and four; and thereupon, the several clerks of the county courts in those counties in which such clerks are now ex-officio clerks of the circuit courts of said counties shall be and become the county clerks of their respective counties, and the clerks of all the other county courts of the State, except the counties of Accomac, Augusta, Bedford, Campbell, Elizabeth City, Fairfax, Lee, Loudoun, Hanover, Henrico, Rockingham 318 GOVERNMENT AND POLITICS IN MRGINIA Nansemond, Southampton, Pittsylvania, Nelson and Wythe, and, as such, the clerks of the circuit courts created therefor by this Constitution, and shall hold office as such until the first day of January, nineteen hundred and six, unless sooner removed, and their successors shall be elected on Tues- day after the first Monday in November, nineteeu hundred and five; pro- vided that the first term f)f the cl(>rks so elected be for six years. In the counties of Accomac, Augusta, Bedford, Cami)bell, Elizabeth City, Fairfax, Lee, Loudoun, Hanover, Henrico, Rockingham, Nansemond, Southampton, Pittsylvania, Nelson and Wythe, in which there are now separate clerks for the county and (circuit courts thereof, there shall be elected on Tuesday after the first Monday in November, nineteen hmidred and three, county clerks fcjr such countless. The terms of the clerks now in office, or their successors, of the several city courts preserved l)y this Constitution, shall continue until the first day of January, nineteen hundred and seven; and their successors shall be elected on Tuesday after the first Monday in November, nineteen hundred and five; l)ut if any of such city courts shall be sooner abolished as provided in this Constitution or by law, then the term of the clerk of any such court shall thereupon determine. Governor and State officers , Sec. 9. The first election of the Governor and of all officers required by this Constitution, to be chosen I)y the qualified voters of the State at large, shall be held on the Tuesday after the first Monday in November, nineteen hundred and five, and their terms of office shall besin on the first day of February following their electi(jn. The present incuml)ents of said offices, or their successors, shall continue in office until the last-named day. Member.'^ of General Assembly; county officers Sec. 10. The first election of members of tlie House of Delegates, and of all county and district officers, to be elected by the i)eople under this Con- stitution, except as otherwise provided in this Schedule, shall be held on Tuesday after the first Monday in November, in the year nineteen hun- dred and three; and the terms of office of the several officers elected at that or any subsequent election shall begin on the first day of January, next after their election, except as otherwise provided in this Constitu- tion or in this Schedule. And the terms of the office of the sheriff. Com- monwealth's attorney, treasurer, commissioners of the revenue, superin- tendent of the poor, supervisors of the several counties, justices of the peace, and overseers of the poor, and of any incumbent of any other county or district office not abolished by this Constitution, nor herein specifi- cally mentioned, now in office, or their successors, or whose terms of office CONSTITUTION OF VIRGINIA 319 shall begin on the first day of July, nineteen hundred and two, are contin- ued until January the first, nineteen hundred and four. The terms of the present members of the House of Delegates, and the terms of the senators now in office, or (in case of vacancies therein) their successors, rei)resenting the senatorial districts bearing even numbers, are extended until the second Wednesday in January, nineteen hundred and four; provided, that the term of the senator, now residing in the city of Richmond, who by the provisions of the apportionment act, approved April the second, nineteen hundred and two, is continued in office as one of the senators from the thirty-eighth senatorial district thereiiy created, be extended until the second Wednesday in January, nineteen hundred and six. The terms of the senators now in office, or (in case of vacancies therein) their successors, representing the senatorial districts l^earing odd numbers are extended until the second Wednesday in January, nineteen hundred and six. In the senatorial districts bearing even numbers, there shall be elected, on the Tuesday after the first Monday in November, nineteen hundred and three, for a term of four years, to begin on the second Wednesday in January succeeding their election, members of the Senate to represent such districts; in the senatorial districts bearing odd numbers, and in the city of Richmond to fill the vacancy, which will, as above provided, occur on the second \^'ednesday in January, nineteen hundred and six, there shall be elected, on the Tuesday after the first Monday in November, nineteen hundred and five, for a term of two years, to begin on the second Wednes- day in January succeeding their election, members of the Senate to rep- resent such districts; and on the Tuesday after the first Monday in No- vember, nineteen hundred and seven, there shall be elected, for the term of four years, to begin on the second Wednesday in January succeeding their election, a senator from each senatorial district in the State. Terms of other officers Sec. 11. All other State, county, and district officers, and their suc- cessors, who may be in office at the time this Constitution goes into effect, except the Auditor of Public Accounts, the Second Auditor, the Register of the Land Office, the Superintendent of Public Printing, the Com- missioner of Labor and Industrial Statistics, Railroad Commissioner, notaries public, the Adjutant-General, the Superintendent and Surgeon of the Penitentiary, the Manager and the Svu'geon of the State Prison Farm, the superintendents of the several State hospitals, and the school superintendents for counties and cities, and school trustees, shall, unless their respective offices be abolished, or unless otherwise provided by this 320 GOVERNMENT AND POLITICS IN \ IRGINIA Constitution or Schedule, hold their respective offices, and discharge the respective duties and exercise the respective powers thereof, until January the first, nineteen hundred and four. The terms of the present incumbents in the offices of Auditor of Public Accounts, Second Auditor, Register of the Land Office, Superintendent of Public Printing, and Commissioner of Labor and Industrial Statistics, shall continue until March the first, nine- teen hundred and four. The term of the Railroad Commissioner shall end as soon as the State Corporation Commission shall be organized. Notaries public shall continue in office until their respective commissions shall expire. The term of the office of Adjutant CJeneral shall expire March the first, nineteen hundred and six. The Superintendcnit and the Surgeon of the Penitentiary, the Manager and the Surgeon of the State Prison Farm, the superintendents of the several State hospitals, shall continue in office until their successors shall be appointed by the respective boards empowered under this Constitution to make the several appoint- ments. The school superintendents for counties and cities shall remain in office for their respective terms, and until their successors are appointed. School trustees now in office, or their sviccessors, shall remain in office until otherwise provided by law. EI(;('toral boards, with the powers con- ferred by existing laws, except the appointment of registrars, shall remain in office until March the first, nineteen hundred and four. State boards Sec. 12. The terms of the State Board of Education, the State Corpo- ration Commis.sion, and the Board of Agriculture and Lnmigration, the directors of public institutions and prisons, and of each State hospital, and the Commis.sioncr of State Hospitals, to l)e first elected, or appointed, under this Constitution, shall begin on March the first, nineteen hundred and three. The board of any of the above-named departments and institutions as now constituted shall continue imtil the boards created under this Constitution for such departments and institutions, respectively, are duly organized. And the terms of the members of the Board of Fish- eries are continued until March the first, nineteen hundred and six. The terms of the trustees or visitors of the State educational institutions, and other honorary appointments made by the Governor, are continued until otherwise provided by law. Charters Sec. 13. Charters of incorporations may, until the first day of April, nineteen hundred and three, be granted or amended by the courts of the State in accordance with the laws in force when this Constitution goes CONSTITUTION OF VIRGINIA 321 into effect, unless the Cieneral Assembly shall sooner provide for the crea- tion of corporations as required by this Constituti(jn. City officers Sec. 14. The terms of all officers elected by the qualified voters of a city, and of their successors, in office at the time this Constitution ^ocs into effect, or whose terms of office begin on the first day of July, nineteen hundred and two, except the terms of maj^ors, of members of city councils and of the clerks of city courts, are continued until January the first, nineteen hundred and six; and their successors shall l)e elected on the Tues- day after the first Monday in November, nineteen hundred and five. The terms of all city officers, not so elected, shall expire as provided in the charters of the several cities, or as may be provided by law. Same; mayor and councilmen Sec. 15. Until otherwise provided by law, the mayors of the several cities continue in office until September the first, nineteen hundred and four, and their successors shall be elected the second Tuesday in June, nineteen hundred and four. Until otherwise provided by law, the members of the several city councils shall contine in office for the terms prescribed in the charters of their respective cities, except that wheu their terms are prescribed as ending on the first day of July of any year, they shall be extended until the first day of September following. Vacancies in office Sec. 16. Vacancies in any office, the term of which is confirmed or ex- tended by this Schedule, occurring during such term or extension thereof, shall be filled in the manner prescribed by law. Bonds Sec. 17. All officers, whose terms of office are extended by this Sched- ule, required by law or municipal ordinance to give bond for the faithful discharge of the duties of their respective offices, shall, prior to the ex- piration of the terms for which they were respectively chosen, before the court or other authority before whom such officer was required by law or municipal ordinance to give such bond, enter into a new bond, in the same penalty and with such security as was prescribed by law or municipal ordinance in respect to his former bond, and with like conditions as therein prescribed, for the faithful discharge of the duties of his office for the ex- 322 GOVERNMENT AND POLITICS IN VIRGINIA tended term herein provided for, and until his successor shall have been duly chosen, and shall have (|ualified according; to law. l^pon failure to give such bind within the time above prcscribcil, the office shall, ui)on the expiration of the term for which the incumbent thereof was chosen, be- come vacant. Qualifications of voters Sec. IS. In all elections held after this Constitution goes into effect, the qualifications of electors shall be those re(}uired by Article Two of this Constitution. Extra session of General Assembly Sec. 19. The General Assembly, which convened on the first Wednes- day in December, nineteen hundred and one, shall l^e called by the Gover- nor to meet in session at the Capitol at twelve o'clock M., on Tuesday, the fifteenth day of July, nineteen hundred and two. It shall be vested with all the powers, charged with all the duties, and subject to all the limi- tations prescribed by this Constitution in reference to the General As- sembly, except as to the limitation upon the period of its session, qualifi- cations of members, and as to the time at which any of its acts shall take effect; but the ineligibility of the members thereof to be elected to any other office during their terms as mem])ers of the General Assembly shall be such as is imposed by this Constitution. The said General Assembh/ shall elect judges for all of the circuit courts provided for in this Consti- tution, and also of the corporation courts for Bristol, Radford, and Buena Vista, unless said citv courts are sooner abolished. Powers, duties, etc., of General Assembly Sec. 20. The said General Assembly shall enact such laws as maj' be deemed proper, including those necessary to put this Constitution into com- plete operation; to confirm those officers whose appointment is made by this Constitution, subject to confirmation by the General Assembly or either house thereof; and to transact other proper business; and such session shall continue so long as may be necessary. Th(> members shall receive for their services four dollars per day, for the time when the General .\ssembly is actually in session, including Sundays and recesses of not exceeding five days, and the mileage provided by law; the speaker of the House of Dele- gates and president of the Senate shall each receive seven dollars per day for the same period and the mileage provided by law; and the other offi- cers and employees shall receive such compensation for their services as the General Assembly may prescribe. Provision may be made for compensation at said rate of four dollars per day of members of legislative committees which may sit during any recess of said session. CONSTITUTION OF VIRGINIA 323 Clerks of Senate and House of Delegates Sec. 21. The compensation and duties of the clerk of the House of Dele- gates and of the clerk of the Senate sluill continue as now fixed by law until the first of January, nineteen hundred and three, after which date their compensation shall be as prescribed by section Sixty-six of this Constitu- tion. Oath to support the Constitutiott Sec. 22. When the General Assembly convenes on the fifteenth day of July, ninet(>en hundred and two, its members and officers, before entering upon the discharge of their duties, shall severally take and subscribe the oath or affirmation prescribed by section Thirty-four of the Constitution. And not later than the twentieth day of July, nineteen hundred and two, the Governor and all other executive officers of the State, whose offices are at the seat of government, and all judges of courts of record, shall severally take and subscribe such oath or affirmation; and upon the failure of any such officer, executive or judicial, to take such oath by the day named, his office shall thereby become vacant. Such oaths or affirma- tions shall be taken and subscribed before any person authorized by ex- isting laws to administer an oath. The Secretary of the Commonwealth shall cause to be printed the necegsary blanks for carrying into effect this provision, and the said oaths and affirmations so taken and subscribed, except of the members and officers of the General Assembly, shall be re- turned to and filed in his office; and those taken by the members and offi- cers of the General Assembly shall be preserved in the records of the re- spective houses. Official copy of Constitution Sec. 23. The official copy of the Constitution and Schedule, and of any ordinance adopted by the Convention, shall, as soon as they shall be en- rolled, be signed b}' the president and attested by the Secretary of the Convention, and the president will thereupon cause the same to be deli^'- ered to the Secretary of the Commonwealth, who will file and preserve the same securely, among the archives of the State in his custody. The Secretarj^ of the Commonwealth will cause the Constitution, Schedule and said ordinances to be transcribed in a book to be provided for the purpose and safely kept in his office. The secretary of the Convention will immediately upon the adoption of this Schedule, deliver a certified copy of the Constitution and Schedule, and of said ordinances, to the Governor of the Commonwealth. 324 GOVERNMENT AMJ POLITICS IN VIRGINIA Proclamation of the Governor Sec. 24. The Governor is authorized and directed to immediately issue his proclamation announcing that this revised and amended Constitution has been ordained l)y the people of Virginia, assembled in Convention, through their ropresentatives, as the Constitution for the government of the people of the State, and will go into effect as such, subject to the pro- visions of the Schedule annexed thereto, on the tenth day of July, nineteen hundred and two, at noon, and qalling upon all the people of Virginia to render their true and loyal support to the same, as the organic law of the Conunonwealth. When Constitution and Schedule take effect Sec. 25. This Constitution shall, exce|)t as is otherwise provided in the Schedule, go into effect on the tenth day of July, nineteen hundred and two, at noon. This Schedule shall take effect from its passage. INDEX Accidents, protection against, 11-13. Adjutant General, 102. Administrative board, Ricli- mond, 121. Agriculture, government as- sistance to, 3S-42; State Commissioner of, 98; State Board of, 9S, 99; national government assistance, 155; U. S. Department of, 197. Alaska, government of, 173. Aldermen, 120. Ambassadors, 137, 193. Amendment, of Va. constitu- tion, method of, 72; of na- tional constitution, 161, 162. Amendments of national con- stitution, seventeen, 1G2-16l>. American citizens, the making of, 139, 140; who are, 163, 164; duties of, 220-222. Annapolis Convention, 159. Appeals, meaning of, 21, 106, 200, 201. Appointment, Governor's pow- er of, 94; President's pow- er of, 191. Army, U. S., 140, 142. Articles of Confederation, 158, 159. Assessment, of property, 114, 115; special, 36, 129. Assessors, land, 114. Attorney General, of Va., 94, 96, 97; of U. S., 196, 197. Attorneys, commonwealth's, 109, 114, 121; U. S. district, 197, 206. Auditor, of Va., 97; Second, 97. Bail, 19, 20. Ballot, 77. Ballot box, 77. Banks, control over state, 99; postal savings, 151; nation- al, 152-154; reserve, 153. Berkeley, Governor, 43. Bill, meaning of, 88, 182. Blacksburg, 551. Board of control, Norfolk, 121. Boards, of visitors, 102; see also State Board. Boss, political, 91. Boys' corn clubs, 42. Cabinet, President's, 194, 195. Campaign, political, 188, 18 Canal, Panama, 143, 147 Canning clubs, girls', 42 Cape Charles, 143. Cape Henry, 143. Capitol, of Va., 90, 91; of U. S., 134. Cattle, diseases of, 40, 41. Census, 177. Charities, 14, 102. Charlottesville, 51. Charter, of corporations, 99; meaning of city, 120. Circuit courts, in Va., 106; of appeals, U. S., 201. Circuits, judicial, in Va., lOG; U. S. judicial, 201. Cities, life in, 2; why people live in, 3; preservation of peace in, 10; accidents in, 12, 13; health in, 24, 28, 29; drinking water In, 24, 25; protection of milk and foods in, 25, 26; fire departments in, 32; education in, 50, 51; libraries in, 54; streets in, 62-65; parks in, 66; nomina- tion of officers in, 85; courts in, 105, 106; growth of, in Va., 118; problems of, 119-120; government of, 120- 325 320 INDEX. 124; distinguished from towns, 124, 125; taxation in, 131. Citizenship, duties of, 79, 220- 222; a qualification for voters, 74, 75; granted to aliens, 139, 140, 197; grant- ed to negroes, 163, 164. City manager, 124. City planning, 62. Civil Service Commisson, U. S., 198. Civil suit, meaning of, 109. Clerk, of county, 114. Cleveland, Grover, 141. Coast defenses, 143. Collectors, of customs, 209; of internal revenue, 210, 211. Colonies, government of, 68, 157; union of, 157. Colored people, freedom of, from slavery, 17, 163; schools for, 49, 52; citizen- ship granted to, 163, 164; protection for, 164. Commerce, foreign, 137, 145; interstate, 14.5-148, 198; TJ. S. Department of, 197. Commission plan of city gov- ernment, 122, 123. Commissioner, of Agriculture and Immigration, 94, 98; Dairy and food, 99; of La- bor and Industrial, Statis- tics, 100; of Highways, 100; of Health, lOO; of State Hospitals, 102. Commissioners of revenue, county, 114, 115. Committees, of General As- sembly, 88, 89; of political parties, 82, 188, 189; of city councils, 121; of Congress, 181, 182. Commonwealth's attorney, 109, 114, 121. 'Community, definition of, 2; why people live in, 3; lib- erty in, 14, 15; how schools help, 52, 53; improvement- of appearances of, 59, 60, Go. 64. Congress, powers of, 168, 169, restrictions on, 169-171; two houses of, 175; representa- tion in, 175-178; sessions of, 179, 180; organization or, 180, 181; committee system in, 181, 182; protection against, by courts, 206. Congress of Confederacy, 90. Congressional districts, 175- 177. Congressmen, election of, 175- 177; term of, 177; qualifica- tions of, 180; nomination of, 178, 179; pov/er of, over ap- pointments, 191, 192. Consolidated schools, 48, 49. Constables, 10, 31, 93, 114. Constitution, origin of, 68, 69, definition of, 69; history of, in Va., 69, 70; of 1902, 70, 71; importance of, in Va., 71; amendment of, 72; of the nation, 157-166; framing of national, 159, 160; adoption of national, 160, 161; opposition to na- tional, 160; amendment of national, 161, 162; seven- teen amendments to nation- al, 162-165; importance of national, 165, 166; nation- al, is supreme law of the land, 168; protection of na- tional, 205, 206. Consuls, 145. Consuls general, 145. Continental Congress, 157, 158. Convention, constitutional, in Va., 69-71; of political par- ties, 83-85; Annapolis, 159; constitutional, of 1787, 159; ratifying, of Va., 160; na- tional party, 188. Copyrights, 154. Corn clubs, boys', 42. Coroners. 115. INDEX. 327 Corporation Commission of Va., 99. Corporations, 99. Corporation courts, 106. Council, city, 120, 122; town, 125. Councilmanic plan, of city government, 122. Councilmen, 120, 122. Counties, roads in, 59; courts in, 105, 106; reason for, in Va., Ill, 112; powers of, 112; government of, 112- 116; h'"story of, 116. Courts, necest:ity for, 104; protection in, 104, 105; sys- tem of, in Va., 105-108; judges of, in Va., 108; ne- cessity fcr aational, 200; system of national, 200-202; judges of national, '^02, 203; jurisdiction of national, 204, 205. Criminal case, maaninfe of, 109. Crop pests, 40. Customs, see Duties. Dairy and Food Commission er, 99. Deaf and blind institutes, 5^;. Delegates, election of mem bers of House of, 86, 87. Democratic party, see Polit- ical Parties. Departments, of government, 86; executive, of state gov- ernment, 96-102; executive, of national government, 195-198. Desires of individuals, 3, 4; government assistance for, 6. Diplomatic representatives, 137, 193. Diseases, protection against 23, 24. District of Columbia, govern- ment of, 173. District attorney, U. S., 197, 206. District courts, U. S., 201, 202. Division of powers, between national government and states, 167, 168. Division superintendents, of schools, 98, 115, 124. Drinking water, protection against impure, 24, 25. Dunmore, Lord, 68. Duties, customs, 208-210. Education, why the govern ment promotes, 43; history of, in Va., 43-46; in New England, 44, 45; private and public, 46, 47; aims of government in, 48-50; in cities, 50, 51; higher, 51, 52; State Board of, 97; see also ScTiools. Election, places of, 76; offi- cers of, 76; see also Votes and Voters. Electors, presidential, 185-188. Electrocution, 22. Eminent domain, definition of, 34; power of, given to railroads, 34; distinguished from taxation, 34, 128. Engineer, road, 58, 59. Established church, 16, 17. Examinations, for physicians, and pharmacists, 26, 102; for teachers, 98; for den- lists, 102; for graduate nurses, 102; for veterinar- ians, 102; for embalmers, 102; for lawyers, 102. examiners, State Boards of, 98. 102. Excise taxes, 210, 211. Executive department, of state government, 86, 96- 102; of national govern- ment, 195-198. Experimental farms, 41. Ex post facto law, 170, 172. 32^ INDEX. Family group, 2; responsi- bility of, toward education, 47. Farmers' institutes, 42. Farming communities, 3. Farms, government assistance to, 38-42; drinking water on, 24 ; appearance of, 5'J-G2. Farmville, 51. Federal government, meaning of, 1G7-1G8; 21*^, 220. F'ederal reserve banks, 1.53, 154. Federal Reserve Board, 198. Federal Trade Commission, 198. Fertilizers, control of, 38. Fires, protection against, 12, 13, 32, 33. Food inspection, by state gov- ernment, 25, 26, 99; by na- tional government, 148, 197. Foreign affairs, control of, 13C-13S; President's power over, 193. Forests, national, 155.. Fortress Monroe, 143. Franchise taxes, 130, 131. Franklin, Benjamin, 159. Fredericksburg, 51. Freedom, of speech, 15, 16, 71, 171; of religion, 16, 17, 171; of person, 14, 17, 163. General Assembly, houses of, 86; organization of, 86-88; sessions of, 87; powers of, 89; meetings of, 90. Geography of Va., 111. Girls' canning clubs, 42. Government, why established, 6-8; protection of life and liberty by, 10-15; liberty under, 14-17; protection of health by, 23-29; protection of property by, 30-33; con- trol over property by, 33- 36; ownership of property by, 36; promotion of agri- culture by, 38-42; promo- tion of education by, 43-54; control over roads, streets, and parks by, 56-66; respon- sibility of, for streets, 65; organization of, 86; of counties, 111-116; of cities, 118-125; support of, 127-131; necessity for national, 135; functions of national, 136- 155; under Articles of Con- federation, 158, 159; organ- ization of national, 175-206; development of, 217, 218. Governor, election of, 93; term of, 93; qualifications of, 93; powers and duties of, 94, 95. Grand jury, 20, 21, 171. Ilahcas Corpus, 170, Hamilton, Alexander, 159. Harbors, improvement of, 147, 148, 196. Harrisonburg, 51. Hawaii, government of, 173. Health, desire for, 3; pro- tection of, by government, 23-29; state department of, 100. High Schools, 42, 48, 51. Hospitals, 23; for insane, 101. House of Burgesses, 68. House of Delegates, 86, 87; representation in, 86, 87. House of Representatives, 175-177: representation in, 175-177; power of, to choose President, 188; power of, to bring impeachments, 203. Immigration, 138, 139, 197. Impeachment, 203. Implied powers of Congress, 168, 169. Income taxes, state, 130; na- tional, 164, 211. Indictment, by grand jury, 20, 21, 171. Initiative, 77, 78. INDEX. 329 Innocence, presumption of, 19. Insane, hospitals for, 101. Inspection, of milk ami food:;, 25, 2G, 14S; of fertilizers, 38; of seeds, 40; of cattle, 40; of boats, 14C; of meats, 148. Interior, U. S. Department of, 197. Internal Revenue, 210, 211. Interstate commerce, 145, 148; Commission, 198. Institutes, farmers', 42. Jefferson, Thomas, 17, 43, 51, 5G, 57, 159, 189. Judges, appointment of, in Va., 108; term of in Va., 108; appointment of nation- al, 202, 203; term of nation- al, 203; impeachment of na- tional, 203. Judiciary department, of state, 86; of national gov- ernment, 200. Jurisdiction, of various courts in Va., 105-108; of various national courts, 200-202, 204, 205. Jury, right of trial by, 21, 171. Justice, U. S. Department of, 196, 197. Justices of peace, 105, lOG, 114. Labor, protection of, 13, 27, 28; state Bureau of, 100; Commissioner of, 100; pro- motion of interests of, 148; U. S. Department of, 197. Land assessors, 114. Laws, how made in Va., 88, 89; execution of, in Va., 93- 102; interpretation of, in Va., 104; county, 112; city. 120, 121; how made in Congress, 182, 183; execu- tion of national. 185, 198; interpretation of national, 200. Legislative department, 86, 175. I.egislature, see General As- sembly and Congress. Libel, protection against, 16. Liberty, desire for, 3; mean- ing of, in a community, 14, 15; protection of, 15-17, 170-172; growth of, 215-217. Libraries, 54. Lieutenant-Governor, 88, 94. Life, desire for, 3; protection of, 10-22. Life-saving stations, 147. Lighthouses, 146, 147. Liquors, prohibition of sale of, 2G, 27; taxation ou manufacture of, 210. Literary Fund, 43, 44. Lobbying, 91, 92. Local option, formerly in Va., 26, 27. Madison, James, 17, 159. Magisterial districts, 112, 114. Marion, 101. Marshall, John, 201. Mayor, powers cf, 121-124; election of, 121; under com- mission government, 124; town, 125. Medical College of Va., 51. Message, of Governor, 94; of President, 189. Military Academy, U. S., 196. Militia, 11, 95, 140-142. Milk, protection against im- pure, 25, 26. Ministers, foreign, 137, 193. Mints, U. S., 152. Money system, national con- trol" of, 151-152. National banks, 152, 153. National constitution, see Constitution. National courts, see Courts. Naturalization, 139-140, 197. Naval Academy, U. S., 196. Navigation, control of, 146, 147. 330 INDEX. Navy, U. S. Department of, 196. New England, education in, 44-4G; townsliip govern- ment in. 111, 112. Newport News, 52, 118. Nomination, by parties, 82-85, of President, 18G-1S8; of senators, 178, 179; of con- gressmen, 178, 179. Norfolk, view of, 5; library in, 5-1; population of, 118. Normal schools, 51, 52. Panama Canal, 143, 147. Parcel post, 150. Pardoning power, of Govern- or, 95; of President, 193. Parks, in cities, 66. Patents, 154. Pavements, street, 62-65. Penitentiary, 101. Petersburg, 52, 101. Philippine Islands, 143, 173. Platform, party, 188, 189. Playgrounds, GG. Police, in cities, 10, 31, 93, 121. Political parties, origin of, 81; necessity for, 81; or- ganization of, 82; state and local conventions of, 83, 179, 186; primary elections of, 83-85, 179; control of, over Congress, 178, 179; control of, over presidential elec- tions, 186-188; national con- vention of, 188. Polls, 76. Poll tax, 76, 131. Poor, protection of, 14; super- intendent of, 114. Porto Rico, government of, 173. Postal savings banks, 150. Postal service, 148-151; con- trol of, 148; support of, 208. Postmaster General, 196. , Post Office Department, 196. Precincts, election, 76. President, election of, 163, 185-188; nomination of, 188; powers of, 189-193; importance of position of, 193, 194; qualilicutions of, 194; successor to, 194. Presidential electors, 185-188. Primary elections, meaning of, 83, 84; in Va., 83-85; for nomination of state officers, 83, 85; for nomination of local ofRcers, 83, 85; for nomination of U. S. sena- tors, 178, 179; for nomina- tion of congressmen, 178, 179; for nomination of presidential electors, 186; for nomination of delegates to national conventions, 188. Procedure, in courts of Va., 108, 109; in national courts, 206. Prohibition, in Va., 26, 27. Property, definition of, 4, 30; uses of, 4, 33; in land and buildings, 30; protection of, by government, 30-33; con- trol over, by government, 33-36; improvement of, by government improvements, 35, 36; ownership of, by government, 3G; taxes on, 129, 130; real, 129; person- al, 130; exempt from tax- ation, 130. Protective tariff, 209, 210. Public lands, 155. Quarantine regulations, 23, 24. Radford, 51. Railroads, protection against, 34, 35, 99; power of emi- nent domain given to, 34; state control of, 34, 35, 99; national control over inter- state, 145, 146, 198. Real estate, taxes on, 129, 130. INDEX. :l31 Reapportionment, in Con- gress, 177. Recall, 77, 78. Referendum, 77, 78. Register of Land Office, 102. Registration of voters, 75, 7G. Removal, Governor's power of, 95; mayor's power of, 171; President's power of, 192; of national judges, upon conviction on impeachment, 203. Representative government, meaning of, 73, 74. Representatives, see Con- gressmen. Republican party, see Politi- cal Parties. Reserve banks, federal, 153, 154. Reserved powers, of the states, 167-170. Revolutionary War, 68, 128, 157, 158. Richmond, 51, 90, 155; popu- lation of, 118. Riots, protection against, 11, 95. Rivers, improvement of, 147, 148, 196. Roads, necessity for good, 56, 57; toll, 57, 58; provision for, in Va., 59; appearance of, 59-62; state assistance for, 100. Roanoke, population of, 118. Rural free delivery, 150. School board, county, 115; city, 124. Schools, agricultural, 42, 155; history of, in Va., 43-46; consolidated, 48, 49; trans- portation to, 48, 49; in cities, 50, 51; how the com- munity is helped by, 52, 53; appearance of, 61, 62; see also Edueat'on. School system, beginning of. in Va., 43-46; organization of, 97, 98. Secretary, of the Common- wealth, 94, 90; of State, 195; of the Treasury, 195; of War, 19G; of the Navy, 196; of the Interior, 197; of Agriculture, 197; of Commerce, 197; of Labor, 197. Seeds, regulation of, 40. Senate, of Va., 86-88. Senate, U. S., powe- of, over treaties, 137; representa- tion in, 177, 178; power of, over appointments, 191, 192; as a court of impeach- ment, 203. Senator, state, election of, 86- 88. Senators, U. S., election of, 164, 165, 178; nomination of, 178, 179; terms of, 178; qualifications cf, 180; pow- er of, over appointments, 191, 192. Sewerage systems, 28. Sheriff, 10, 31, 114. Slavery, abolished, 17. 163; in Va., effect of, 45, 46, 118. Soldiers, care of aged, 14 ; see also Army and Militia. Speaker, of House of Dele- gates, 88; of House of Rep- resentatives, 181. Special assessments, 36, 129. State, U. S. Department of. 195. State Board of Education, 97, 115; of Examiners, 98, 102; of Agriculture and Immi- gration, 98, 99; c: Health, 100; of Charities and Cor- rections, 102; of Fisheries, 102. States, projection of, against insurrection, 11, 95; com- merce between, 145, 148, 198; ratification of U. S. constitution by, 160, 161; 332 INDEX. protection of, against suits, 163; dependence and inde- pendence of, 1G7, 16S; pow- ers of, 1G9, 170; restrictions on powers of, 171, 172; rep- resentation of, in Congress, 175-177; protection against, liO."), 200. Staunton, 52, 101. Streets, planning of, 62; pav- ing of, 62; uses of, 62, 6.1; appearance of, 53-65; light- ing of, 62; sprinkling of, 64; government responsibil- ity for, 65. Suffrage, see Voters. Superintendent, of Public In- struction, 94, 97; of schools, 98, 115, 124; of penitentiary, 101; of printing, 102. Supervisors, county board of, 112. Supreme Court, of Appeals in Va., 106-108; of U. S., 200, 201, 205, 206. Surveyor, county, 115. Tariff, protective, 209, 210. Taxation, necessity for, 127, 12S; distinguished from eminent domain, 128; prin- ciples of, in Va., 128, 12:3; forms of, in Va., 129, 131; in cities, 121; necessity for national, 208; forms of na- tional, 208-211; national and state, compared, 211, 212; restrictions on national, 212, 213. Taxes, definition of, 127; on property, 129; on incomes, 130, 164, 211; franchise, 130, 131; poll, 76, 131; state and local, 131; indirect, 209; excise, 210, 211; stamp, 211; direct, 212, 213. Teachers, examination of, 98; appointment of, 115. Telegraph service, control over, 35, 99, 145, 146, 198. Telephone service, control over, 35, 99, 145, 146, 198. Territories, government of, 172, 173. Town meeting, 111, 112. Towns, government of, 124, 125. Township government. 111, 112. Trade Commission, Federal, 198. Treasurer, of Va., 94, 97, county, 114, 115; city, 121. Treasury Department, U. S., 195, 196. Treaties, the making of, 137. Union of states, reason for, 157. 158. University of Virginia, 51, Veto, of Governor, 94; of mayor, 121; of President, 189, 190; pocket, 190. Vice-President, duty of, 181, 194; election of, 185-188. Virginia Military Institute, 51. Virginia Polytechnic Insti- tute, 42, 51. Voters, qualifications for, in Va., 75, 76; 218, 219. Votes, liow cast, 76, 77; how counted, 77; right of negro to cast, 164. War, power to make, 140; U. S. Department of, 196. War Between the States, 17, 44, 70, 163, 164. Wards, in cities, 76, 120, 122. Washington, George, 159. Washington, 137, 195, 201. Waterworks. 24, 25. West Virginia, suit against, 204. William and Mary College, 51. Williamsburg, 51, 101. Wilson, Woodrow, 74, 189. Witnesses, 21. Woman suffrage, 74, 219. UNIVERSITY OF CALIFORMU AT LOS ANGELES UBRARY UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. FEB 1 3 1953 Form L9 — 15m-10,'48 (B1039) 444 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 553 629 7