25. How many votes is the State entitled to in the Electoral

Robert Rowe, Charles Franks and the Online Distributed Proofreading Team.

CIVIL GOVERNMENT OF VIRGINIA

A TEXT-BOOK FOR SCHOOLS BASED UPON THE CONSTITUTION OF 1902 AND

CONFORMING TO THE LAWS ENACTED IN ACCORDANCE THEREWITH

BY WM. F. FOX

SUPT. OF SCHOOLS, RICHMOND, VA.

NOTE.-Important changes in every part of the fundamental law of

the State were made by the Constitutional Convention of 1901-2.

A great many of these changes did not go into full effect until as

late as Feb. 1, 1904; and some are yet to be made effective by the

operation of laws already passed or to be enacted hereafter. Under

the circumstances the author trusts he may be pardoned if some

errors or omissions are found in this work, but it is believed

that in all essential points it is in harmony with the provisions

of the Constitution and the laws of the State as they stand at the

present time.

CONTENTS.

INTRODUCTION

I GENERAL PRINCIPLES Bill of Bights--Who May Vote and Hold Office

--Elections

II LEGISLATIVE, DEPARTMENT The Senate--House of Delegates--General

Assembly

III EXECUTIVE DEPARTMENT Governor--Lieutenant Governor--Attorney

General

IV EXECUTIVE DEPARTMENT-Continued

Secretary of the Commonwealth-Treasurer-Auditor of Public

Accounts--Second Auditor--Register of the Land Office--State

Corporation Commission--Superintendent of the Penitentiary--

Superintendent of Public Printing--Commissioner of Agriculture and

Immigration--Commissioners of the Sinking Fund--Board of State

Canvassers

V. JUDICIARY DEPARTMENT

Supreme Court of Appeals--Circuit Courts--Circuit Court of the

City of Richmond

VI. JUDICIARY DEPARTMENT-Continued

Corporation or Hustings Courts--Justices Courts--Hustings Court of

the City of Richmond--Chancery Court of the City of Richmond--Law

and Equity Court of the City of Richmond

VII OFFICERS OF COURTS Clerks--The Tipstaff and Crier--Sheriff--

Commonswealth's Attorney Attorneys at-Law Who May Practice Law in

--Virginia Juries--Grand Junes--Petit Jury

VIII. COUNTY ORGANIZATION

Counties

County Officers Sheriff--Commonwealth's Attorney--County Clerk--

Treasurer--Commissioner of the Revenue--Superintendent of the

Poor--County Surveyor-Superintendent of Public Schools County

Board of School Commissioners--Electoral Board--Board of

Supervisors--Assessors--Coroner

IX. DISTRICT ORGANIZATION

Magisterial Districts.--Supervisors.--Justices of the Peace.--

Constable.--Overseer of the Poor.--Conservators of the Peace.

X. GOVERNMENT OF CITIES AND TOWNS

Council.--Mayor.--City Sergeant.--Commissioner of the Revenue.

--Commonwealth's Attorney.--Treasurer.--Sheriff of Richmond City.

XI. EDUCATION

State: Board of Education.--Superintendent of Public Instruction.

County: County and City Superintendents.--School Trustee Electoral

Board.--County School Board.

District: School Districts.--School Trustees.--District Board of

School Trustees.

School Funds.

Teachers.

OUTLINES or COLONIAL AND STATE HISTORY Colonial Governors.--State

Governors.

CONSTITUTION OF VIRGINIA

POPULATION OF VIRGINIA AT VARIOUS DATES

INTRODUCTION.

The word GOVERNMENT means guidance or direction or management. It

means also the person or persons who rule or control any

establishment or institution. Wherever any number of people live

together in one house, or one town, or city, or country, there

must be government of some kind.

In the family the parents are the government. They guide and

manage the affairs of the house. They give orders to their

children as to what they must do and what they must not do, and

they see that their orders are obeyed. This is government, and it

is for the benefit of the family. If the children were to do as

they please, there would be no peace or happiness in the home.

And in their games and amusements out of doors children find that

they must not do as they please. Every game has certain rules or

laws which those who take part in it are required to obey. In the

game of baseball, for example, the players are not allowed to act

as they like. There are rules of the play, and there is an umpire

to see that the rules are observed.

In the school, too, and in all business establishments there must

be government. The teachers direct the work in their classes,

giving orders to the pupils as to what lessons they must study and

how they must study them. In the store and factory there is a

manager or master who directs the business. If there were no

managers or masters there would be nothing but disorder and

confusion.

We can see therefore how necessary government is, and we can

understand why it is that there must be government in the country

or state in which we live. There must be laws to direct men how

they must behave towards one another and to punish those who do

wrong. And there must be people to make the laws and people to see

that they are carried out.

This is CIVIL GOVERNMENT. The word CIVIL means pertaining to the

state, or to the relations between citizens and the state, and the

word STATE means the whole community or body of people living

under one government.

There are different kinds of government in different countries. In

some countries the government is monarchical--that is, under one

person, a king or emperor--and in some countries it is republican.

A republican government, or a republic, is a government in which

the chief power is exercised not by one person but by all the

people. The government of the United States is a republican

government. The government of Virginia is a republican government.

The head of the state under a republican form of government is

elected by the people.

The government in a republic is usually divided into three parts

or DEPARTMENTS. One department makes the laws. This is called the

LEGISLATIVE DEPARTMENT or the legislature. It is formed of a

certain number of persons who are elected at certain times, by the

people, and who meet to make laws that are necessary for the good

of the state or country.

The second department of government is called the EXECUTIVE

DEPARTMENT, and is also formed of persons who are elected by the

people, and their business is to execute or carry out the laws.

Their duty is to see that every one who violates any law of the

country or state is brought to punishment, and that the laws made

for promoting the well-being and happiness of the people are

carried out.

The third department of the government is the JUDICIAL DEPARTMENT

or the judiciary. Its members are, in Virginia, chosen by the

legislature. Their duty is to administer the laws, that is to

inquire into every case in which a person is accused of breaking

the laws, and if a person is found to be guilty, to sentence him

to the punishment which the law prescribes for the crime or

offence he has committed.

In this book full particulars and explanations are given as to the

formation of those three departments of government, the many

duties assigned to each, and how those duties are performed.

In republics government is usually carried on according to the

wishes of the majority of the people. This is what is called

MAJORITY RULE. At elections to form the legislative or executive

department, different persons or candidates are proposed for each

office, and the candidate who gets a majority of the votes is

elected. A candidate is a person who is proposed for election to

some office.

Candidates for public offices are proposed or nominated at what

are called CONVENTIONS. A convention is a meeting of electors, or

voters, held for the purpose of agreeing upon or choosing persons

to be candidates for office. Conventions are called together and

conducted by organizations known as PARTIES or POLITICAL PARTIES.

There are usually at least two political parties in every country

in which there is constitutional government. Each of the parties

nominates candidates at every election, and tries in every

legitimate way to persuade the people to vote for its candidates.

The party whose candidates are elected is called THE PARTY IN

POWER. This is what is known as PARTY GOVERNMENT.

It is good for the state that there should be political parties.

Each party closely watches the conduct of the other, and if the

party in power make bad laws or execute the laws unfairly or

unjustly, the party out of power appeals to the people by public

speeches and by writing in newspapers, and does what it can to get

the voters to vote against the party in power at the next election

and turn it out of office.

Every citizen may join either of the parties he pleases, and so

exercise his influence through conventions and elections to secure

good government. And it is the duty of every citizen to do this,

for good government--honest law-makers and honest administrators

of the laws--is one of the greatest blessings a state can have. It

is also the duty of young people to learn about the government and

politics of their state, so that when they come of age they may be

able to perform their part as citizens intelligently and well.

QUESTIONS.

1. Define GOVERNMENT.

2. Give some illustrations of the necessity of government.

3. What is the necessity for laws in a country?

4. Define CIVIL.

5. What is a republic?

6. What does the government in a republic consist of?

7. What is the duty of the legislative department?

8. What is the duty of the executive department?

9. What is the duty of the judicial department?

10. What do you understand by majority rule?

11. What is a convention?

12. What is a party government?

13. Why is it good for the state that there should be political

parties?

14. Why is it the duty of every citizen to become a member of one

of the political parties?

15. Why is it good for young people to learn about government and

politics?

VIRGINIA CIVIL GOVERNMENT

I.

GENERAL PRINCIPLES

1. All power is vested in and hence derived from the people;

magistrates are their trustees and servants and at all times

amenable to them.

2. Government is, or ought to be, instituted for the common

benefit, protection, and security of the people.

3. No free government, or the blessing of liberty, can be

preserved to any people but by a firm adherence to justice,

moderation, temperance, frugality, and virtue, and by frequent

recurrence to fundamental principles.

--Bill of Rights.

The BILL OF RIGHTS is the title of the first article, or chapter,

of the Constitution of Virginia. It is so called because it is a

declaration or statement of the RIGHTS of the people in regard to

government. In English history the name BILL OF RIGHTS is given to

a declaration of rights adopted by the two houses of Parliament in

England in 1688, and soon afterwards passed into law.

VESTED IN means entrusted to or put in possession of. To vest is

to invest or clothe with power or authority.

MAGISTRATES are public officers whose duty it is to administer the

laws. The President is the chief magistrate of the nation. It is

his duty to see that the laws of the United States are executed Or

carried out. The governor is the chief magistrate of the State;

the mayor is the chief magistrate of the city. Judges are

magistrates who preside in the courts and administer the law as

applying to the cases brought before them.

Trustees are persons who hold or have charge of the property of

others in trust, and as guardians, for those to whom it belongs.

Magistrates hold their offices as trustees for the people, and

they are amenable, that is, answerable, to the people. If they do

not perform the duties of their offices honestly, the people can

call them to account and punish them.

A FREE GOVERNMENT is a government instituted, that is,

established, by the consent of the people. The government of the

United States is a free government, because it has been

established by the people, and the people can change it when they

please.

"Government ought to be established for the COMMON BENEFIT." This

means that government ought to be for the benefit of all the

people, poor as well as rich, and under a free government all the

people have equal protection from the law.

FUNDAMENTAL PRINCIPLES are principles or truths according to

which, or upon which, systems, or laws, or institutions, are

FOUNDED. The fundamental principles of free government are that

all men are born equal, and that all men have equal rights to life

and liberty.

RECURRENCE means A GOING BACK TO. We must frequently recur, or go

back to, fundamental principles in order to preserve free

government. We must also firmly adhere to, or practice justice,

moderation, temperance, and virtue.

JUSTICE is the doing of what is right. MODERATION means the

avoiding of severity or harshness in our conduct towards others.

TEMPERANCE is the moderate or reasonable use or enjoyment of the

pleasures of life. FRUGALITY is the practice of thrift and economy

as opposed to extravagance. VIRTUE is the practice of the moral

good taught by religion.

The constitution guarantees to the people the right to make and to

change their own laws; the right of speedy trial by jury;

protection in the enjoyment of their inherent rights; freedom of

elections; freedom of speech; freedom of the press; religious

freedom; equal civil and political rights and public privileges.

It prohibits excessive bail, excessive fines, the infliction of

cruel and unusual punishments, and the taking of private property

for public uses except by law and with just compensation.

A CONSTITUTION is a system or plan of government, or a written or

printed statement of the principles and rules according to which a

government is to be conducted. The constitution tells how the

government is to be formed, what it has power to do, and what it

must not do. The Constitution of Virginia GUARANTEES, that is,

secures or makes sure to the people, the right to make or change

the laws. A government under a constitution is called a

CONSTITUTIONAL government.

TRIAL BY JURY is trial by a judge and certain citizens who are

called the jury. The duty of the judge is to see that the trial is

conducted according to law, and to pass sentence on the accused

person if found guilty. The duty of the jury is to decide, after

hearing the evidence, whether the accused person is guilty or not.

This declaration of the jury is called a VERDICT, a word which

means a TRUE SAYING.

INHERENT means inseparable from, or not to be taken away. INHERENT

RIGHTS are rights that cannot justly be taken away from the

people. The right to life and liberty is an inherent right of man

which cannot be taken away by any constitution or government.

FREEDOM OF ELECTIONS means freedom to hold elections to choose the

officers of government, and freedom for every citizen to vote for

the candidate of his choice. FREEDOM OF SPEECH and FREEDOM OF THE

PRESS mean liberty for all to speak or publish what they desire to

say on any subject, being liable to punishment by law if they

speak or publish anything injurious to the reputation of others.

RELIGIOUS FREEDOM means liberty to belong to any religion, or to

worship God in any way that one thinks proper.

CIVIL RIGHTS are the rights a man is entitled to as a member of

the community, such as the right to trial by jury, the right of

freedom of speech.

POLITICAL RIGHTS are the rights that belong to men as citizens,

Such, as the right to vote, the right to be candidates for public

office.

PUBLIC PRIVILEGES are benefits or advantages possessed by some and

not by others, such as charters to corporations or licenses to

carry on certain kinds of business. For example, a license to sell

liquors is a public privilege. It is not for the public good that

it should be given to everybody, but the Constitution guarantees

that under necessary restrictions as to the number of such

licenses granted, all citizens shall have equal rights to such

privileges.

PRIVATE PROPERTY is property that belongs to private individuals.

It may be taken for public use when necessary. If a government

building has to be erected or a railroad made, the land required

for the purpose may be taken from the owner, but a just price must

be paid for it.

Who May Vote and Hold Office. Every male citizen of the United

States, who is 21 years old, who has been a resident of the State

two years, of the county, city, or town one year, and of the

precinct in which he offers to vote thirty days next preceding any

election, has been registered and has paid his state poll taxes,

shall be entitled to vote; except idiots and lunatics, persons

convicted after the adoption of the constitution of bribery in any

election, embezzlement of public funds, treason, felony, or petit

larceny, obtaining money or other property under false pretences,

or who have been in any way concerned in a duel.

All persons entitled to vote shall be eligible to any office

within the gift of the people, except as restricted by the

constitution.

Excepting the requirements of residence in the voting precinct,

payment of poll tax and registration, the qualifications of jurors

are practically the same as those of voters.

A CITIZEN is a native of the United States or a foreigner who has

been made a citizen. To be made a citizen, a person must, at least

two years before admission, make a declaration before a judge that

it is his intention to become a citizen of the United States, and

to renounce allegiance to all foreign powers or princes. Having so

declared his intention, and after residing five years in the

United States, he must declare on oath before a judge that he

renounces allegiance to all foreign powers, and that he will

support the Constitution of the United States. He then receives a

paper or document certifying that he is a citizen. The paper is

called a NATURALIZATION paper, and the person who receives it is

said to be NATURALIZED, because it entitles him to all the rights

and privileges of a NATIVE or NATURAL-BORN citizen of the United

States.

CONVICTED means tried in a public court for a crime and found

guilty. BRIBERY in elections is buying or selling votes, or giving

money or payment in any form to a voter for voting for any

candidate. EMBEZZLEMENT is the crime a person commits who takes

for his own use the money or property of others that has been

entrusted to his care. TREASON is to make war against or try to

overthrow or destroy the government of one's own country. FELONY

is a crime that may be punished by death or imprisonment in state

prison. PETIT LARCENY is the stealing of goods of small value.

Every voter is required to be registered. This is a most important

proceeding, as it insures the purity of the ballot and the

intelligent exercise of the right of franchise. Elections. Shall

be by ballot; for State, county, corporation and district

officers, shall be held the Tuesday after the first Monday in

November; except for mayors and councils of cities and towns,

which shall be the second Tuesday of June.

State executive officers elected at a general election shall enter

upon the duties of their respective offices the first of February

next thereafter; members of the House of Delegates and all county,

corporation, and district officers on the first of January, and

Senators on the second Wednesday in January next thereafter; and

mayors and councils of cities and towns on the first of September

next succeeding their election. State executive officers elected

by the General Assembly enter upon their duties the first of March

following their election.

They shall continue to discharge the duties of their respective

offices until their successors shall have qualified.

The BALLOT is the printed list containing the names of all the

candidates to be voted for at an election. The places where the

people vote are called POLLS, and they are kept open for one day--

from sunrise to sunset. At the polls there are officers called

judges or clerks of election. When the voter goes to the poll on

election day, one of the judges hands him a ballot. With the

ballot he goes alone into a small compartment or BOOTH, where

there is a desk with a pencil or pen and ink. There he draws a

mark with the pen or pencil through the names of the candidates he

does not wish to vote for, leaving the names of the candidates he

votes for unmarked He then, folds up the ballot, with the names of

the candidates on the inside, and hands it to one of the judges,

who drops it into a box, where it remains until the votes are

counted after the poll closes. The candidates who receive the

highest number of votes are declared elected. This is done by the

Board of State Canvassers (which see).

STATE OFFICERS are officers elected by the voters of the whole

State. The governor, the lieutenant-governor, and attorney-general

are State officers.

A CORPORATION is a body or number of persons formed and authorized

by law to carry on business under one name as a single person.

Banks and railroad and manufacturing companies are corporations.

They are called private corporations because the business they do

is for the benefit of private individuals. The people of cities

and towns have power by law to carry on the government of their

cities and towns as corporations. They are called public

corporations because they are formed for the purpose of

government, and act for the whole people (see under Government of

Cities and Towns)

QUALIFIED, with regard to State officers, means having taken the

oath of office. The Constitution requires that every person,

before entering upon the discharge of any functions as an officer

of the State, must solemnly swear or affirm that he will support

and maintain the Constitution and laws of the State of Virginia,

and that he will faithfully perform the duty of the office to

which he has been elected. To take this oath is to QUALIFY for the

office.

The State is entitled to two U. S. Senators and ten

Representatives in Congress, and to twelve votes for President and

Vice-President in the Electoral College.

The ELECTORAL COLLEGE is the name given to the body of persons who

elect the President and Vice-President of the United States. At a

presidential election, which takes place every four years, the

people do not vote directly for the candidates who have been

nominated for President and Vice-President. They vote for persons

nominated to be ELECTORS, and each State has the right to choose

as many electors as it has senators and representatives in

Congress. Virginia has two senators and ten representatives in

Congress, therefore at the presidential election it chooses twelve

electors. This is what is meant by saying that it has twelve votes

in the Electoral College.

The members of the Electoral College do not meet all together to

elect the President and Vice-President. The electors of each State

meet in the capital of their own State in January after they are

elected, and vote by ballot for President and Vice-President.

after which they send lists to the President of the United States

Senate showing how they have voted. Those lists are examined in

the Senate and the votes counted. Then the candidates who have

received the votes of a majority of the Electoral College are

declared elected.

QUESTIONS.

1. From whom are the powers of government derived?

2. What are magistrates?

3. For what is government instituted?

4. What are fundamental principles?

5. What is the Bill of Rights?

6 What is a constitution?

7. What is trial by jury?

8 Tell what you understand by freedom of elections, freedom of

speech, freedom of the press, and religious freedom

9. Tell the difference between civil rights and political rights.

10. What are public privileges?

11. What is involuntary servitude?

12. Define PRIVATE PROPERTY.

13. Who is entitled to vote, and who is eligible to office?

14. What is a citizen?

15. How may one become a citizen?

16. Define the terms BRIBERY, EMBEZZLEMENT, TREASON, FELONY, PETIT

LARCENY, and DUEL.

17. What are jurors?

18. When are the elections for State officers held?

19. How are elections conducted?

20. Define BALLOT, POLLS, and BOOTH.

21. What are State officers?

22. What is a corporation?

23. What is the meaning of QUALIFIED?

24. How many senators and representatives in Congress is the State

entitled to?

25. How many votes is the State entitled to in the Electoral

College?

26. What is the Electoral College?

27. How do the electors choose the President and Vice-President of

the United States?

II.

LEGISLATIVE DEPARTMENT.

The legislative power of the commonwealth is vested in a General

Assembly consisting of a Senate and House of Delegates.

LEGISLATIVE POWER is the power to legislate or make LAWS, hence

the General Assembly is the LEGISLATURE of Virginia. COMMONWEALTH,

which means COMMON WELL-BEING, or common good, is a name sometimes

given to a State or country which has a republican form of

government--that is, a government in which the people are the

supreme power, and in which all the people have common (that is,

equal) interests and common rights. CONSISTING means formed or

made up of.

A DELEGATE is a person appointed or elected by others to do

business for them as their representative. The members of the

House of Delegates are elected by the people of the State to

represent and act for them in the business of making laws.

The Senate.

Number. There are forty Senators, from thirty-nine senatorial

districts. The Lieutenant-Governor is the presiding officer.

Elected. By the people; one-half being chosen every two years

until the general election in 1907. At that time, and every four

years thereafter, the entire senate will be chosen at one time for

a term of four years.

Qualifications. A Senator must be an actual resident of the

district for which he is elected; must be legally qualified to

vote for members of the General Assembly; must hold no salaried

office under the State government.

Powers. Shall select its own officers; choose from its own body,

in the absence of the Lieutenant-Governor, or when he exercises

the office of Governor, a president PRO TEMPORE; confirms or

rejects nominations; has sole power to try impeachment.

SENATORIAL DISTRICTS are the districts into which a State is

divided for the election of senators. There are thirty-nine

districts in Virginia, and each of them elects one senator, except

the district formed of Richmond and the County of Henrico, which

elects two. PRESIDING OFFICER is a person who PRESIDES or acts as

president or chairman in any assembly or meeting.

A candidate for the Senate must be LEGALLY QUALIFIED TO VOTE for

members of the General Assembly. This means that he must be a

citizen of the United States, a resident of Virginia for two

years, and have the other legal qualifications of voters as

required by the Constitution.

PRO TEMPORE is a Latin phrase meaning FOR THE TIME--that is, for a

short time or temporarily. The Senate elects one of its own

members to preside PRO TEMPORE if the lieutenant-governor happen

to be absent, or when he is called upon to act as governor. (See

under Powers and Duties of governor, page 28.) The Senate has the

power to CONFIRM OR REJECT NOMINATIONS. Many public officers of

the State are appointed by the governor, but when he nominates or

NAMES a person for a public office he sends the nomination to the

Senate, and it may confirm--that is, approve of--the nomination,

or it may reject it. If it should reject the nomination, the

person nominated is not appointed.

IMPEACHMENT means a charge of dishonesty or serious neglect of

duty made against a public official. In an impeachment it is the

House of Delegates which must make the charge and act as

prosecutor, but it is the Senate which must try the case and pass

sentence on the accused, if proved guilty.

House of Delegates.

Number. Composed of one hundred members apportioned by statute

among the counties and cities of the State.

Elected. By the people for two years.

Qualifications. Same as for Senators.

Powers. Elects its own Speaker and all other officers; impeaches

State officers, and prosecutes them before the Senate. The Clerk

of the House of Delegates is also Keeper of the Rolls.

Apportioned means divided or distributed or allotted. A statute is

any law, but the word is most commonly understood to mean a law

made by a legislature representing the people. The number of

delegates appointed to the counties and cities--that is, the

number which each is entitled to elect--is decided by statute in

proportion to the number of inhabitants.

The chairman of the House of Delegates is called the speaker. The

same title is given to the presiding officer of the lower house in

nearly every legislature in English-speaking countries.

The rolls are the statutes in written form as passed by the

Assembly. A law when proposed in the Assembly is called a bill. To

become a statute a bill must be voted on and have a majority three

times in the House of Delegates and three times in the Senate and

be signed by the governor. Then it is an act, or a Statute, or a

law. The copy signed by the governor is an engrossed or written

copy, and the official copies of the laws so engrossed are the

rolls, and are preserved by the keeper of the rolls, who is the

clerk of the House of Delegates.

General Assembly. (Senate and House jointly.)

Sessions. Biennial. Beginning the second Wednesday in January of

every even year, and continuing sixty days. The session may be

extended not exceeding thirty days. It may be convened in special

session by the Governor.

The Senate and House of Delegates jointly--that is, both together

--are called the General Assembly. Sessions means sittings or

meetings for business, and biennial means happening once every two

years. The General Assembly meets once every two years, and it

does business for sixty days. If the business necessary to be done

require more time, the session may be extended--that is,

lengthened--thirty days. A special session is a session convened--

that is, called to meet--for some special or particular business.

The governor may convene such a session whenever he thinks it

necessary.

Powers. General powers of legislation under the constitution.

Elects U. S. Senators, County and City Electoral Boards, Auditor

of Public Accounts, Second Auditor, Register of the Land Office,

Superintendent of Public Printing, the Judges of the Commonwealth;

decides contests in the election of Governor and Lieutenant-

Governor; confirms or rejects nominations of certain officers made

by the Governor, the State Board of Education, etc.

Powers means what the General Assembly has power to do.

Legislation is the making of laws. The Assembly has powers of

general legislation under the constitution--that is, of making all

such laws as the constitution directs or does not forbid.

(Explanations are given later on as to the boards and officers

mentioned here which the General Assembly has power to elect.)

Contests--that is, disputes or differences--may occur in the

election of governor and lieutenant-governor. There may be

contests as to counting of votes or as to the qualifications of

candidates. Such contests are decided by the General Assembly.

Membership. Each house settles its own rules of proceeding; is

judge of the election, qualification, and returns of its members.

Members are not subject to arrest under any civil process during

the session of the General Assembly, nor for fifteen days next

before the convening, and after the termination of each session;

are privileged from arrest in all cases during the session, except

for treason, felony, perjury, breach of the peace, or a contempt

of court of a criminal nature.

What is meant by each house being judge of the election,

qualification, and returns of its members is, that it can decide

whether the members are legally elected and qualified. Returns are

the particulars as to names of candidates and the number of votes

cast for each, which the election judges are required to make up

after the close of the poll on election day. The qualifications

necessary for a member of either house are as follows: he must be

twenty-one years of age or over, and a voter of the State of

Virginia, and he must reside in the district for which he is

elected.

Civil process is a law-proceeding in a case where no crime is

charged, but such as for the recovering of a debt or for the

settlement of a difference relating to business matters. Perjury

is the crime of wilfully making a false oath. When a person

appears as a witness in a court of law he has to take an oath that

he will tell the truth. If after taking such oath he tells what he

knows to be untrue, he is guilty of perjury.

A breach of the peace is any act of violence which causes public

disturbance, such as one person assaulting another and thereby

causing a quarrel or riot.

Contempt of court is disobedience to the orders or decrees or

rules of a court of law. Insult or violence to a judge in court

would he criminal contempt.

Salaries. The President of the Senate and the Speaker of the House

of Delegates, each, $400; and the other members, each, $240 for

attendance and service at each regular session; at all extra

sessions, the President of the Senate and Speaker of the House of

Delegates shall receive, each, $240, and the other members, each,

$120. Members are entitled to mileage.

In addition to his salary each member of the Assembly receives ten

cents per mile for expenses of traveling to and from the sessions

of the Assembly. This allowance is called mileage.

Bills may originate in either of the two houses. No bill shall

become a law until it has been read on three different days in

each house except by a vote of four-fifths of the members voting

in each house.

Every bill which shall have passed the Senate and House of

Delegates shall, before it becomes a law, be presented to the

Governor; if he approve, he shall sign it and it is then a law,

but if not, he shall return it with his objections to the house in

which it originated; who shall proceed to reconsider it. If after

such consideration two-thirds of the members present shall agree

to pass the bill, it shall be sent to the other house, by which it

shall be reconsidered, and if approved by two-thirds of all the

members present, it shall become a law, notwithstanding the

objections of the Governor.

He may also veto any particular item of an appropriation bill, but

this item may also be passed over his veto by a two-thirds vote of

both houses.

If any bill shall not be returned by the Governor within five days

after it shall have been presented to him, it shall be a law in

like manner as if he had signed it.

A bill is a draft or statement of a proposed law. A bill may

originate in either house--that is, it may be first proposed in

either the Seriate or House of Delegates. Any senator or delegate

who wishes to have a new law made must first put it in writing.

Then he himself introduces or proposes it in the house of which he

is a member, or it may be introduced by a committee.

A committee is a number of persons, usually not a large number,

appointed by a legislature or other body to take charge of and

attend to some particular business. The members of the House of

Delegates and of the Senate are divided into committees, and some

special subject or business is entrusted to each. For example, in

the Senate there are committees on Privileges and Elections,

Public Institutions and Education, and many other subjects; and in

the House of Delegates there are committees on Courts of Justice,

Schools and Colleges, and other subjects.

Usually proposals for new laws are referred for consideration to

the committee having charge of the subject or business to which

the proposed law relates. Committees in the Senate are elected by

the senators themselves; committees in the House of Delegates are

appointed by the speaker.

When a new law or bill is introduced it is either proposed by a

committee, or by some member and given for consideration to a

committee. In order to pass, it must be read three times on three

different days (once each day) in the house in which it

originates.

The first reading is the formal placing or presenting of the bill

before the house. At the second reading the bill is discussed, and

any member who wishes to say anything for or against it is at

liberty to do so.

Amendments may also be proposed at the second reading. An

amendment is an alteration or a change in the wording or matter of

a bill. After an amendment is discussed the house votes upon it,

and if a majority is for it, the change is made in the bill.

When all amendments are discussed and voted on, a vote is taken on

the bill as a whole, and if a majority of the members vote for it,

it is read a second time.

It is then engrossed, or written out, by the clerk of the house,

and read a third time, after which a vote is again taken, and if

there is a majority for it, it passes the house.

When the bill is passed in the house in which it originated, it is

taken to the other house by the sergeant-at-arms. There it goes

through the same forms of reading and discussion, and if it be

read three times and have a majority in its favor it is passed. It

is then enrolled, after which it is signed by the presiding

officer in each house, and when this is done it is sent to the

governor for his signature.

The sergeant-at-arms is an officer whose duty it is to preserve

order in the chamber where the sessions of either house are held,

to distribute among the members any papers or documents they may

require, and in general to perform such services as are necessary

for the proper transaction of business. Each house has its own

sergeant-at-arms.

(For enrolling, see under House of Delegates, page 19.) The

requirements with regard to a bill after it is sent to the

governor are stated in the text above. (For the veto power of the

governor, see page 28.)

QUESTIONS.

1. In whom is the legislative power of the commonwealth vested?

2. What is the legislative power?

3. Define commonwealth.

4. What is a delegate?

5. How many members constitute the Senate?

6. What are senatorial districts, and how many are there in the

State?

7. Who is the presiding officer of the Senate?

8. For how long are senators elected?

9. What are the qualifications of a senator?

10. What are the powers of the Senate?

11. What does impeachment mean?

12. Who tries a case of impeachment?

13. How many members of the House of Delegates?

14. Define statute.

15. For how long are members of the House of Delegates elected?

16. What are the qualifications of delegates?

17. What are the powers of delegates?

18. Define apportioned.

19. What is the chairman of the House of Delegates called?

20. What are the rolls, and by whom are they kept?

21. What does the General Assembly consist of?

22. How often are the sessions of the General Assembly held?

23. What is a special session?

24. What are the powers of the General Assembly?

25. What officers does it elect?

26. What is legislation?

27. What are contests in elections of governor and lieutenant-

governor, and who decides them?

28. What is meant by each house being judge of the election,

qualifications, and returns of its members?

29. What are election returns?

30. Define civil process.

31. What is perjury?

32. What is contempt of court?

33. What are the salaries of the officers and members of the

Assembly?

34. What is mileage?

35. What is a bill?

36. Tell how a bill becomes a law.

37. What is a committee?

38. Define amendment.

III.

EXECUTIVE DEPARTMENT.

Governor.

Elected. By the people for four years. Must reside at the seat of

government during his term of office; not eligible for the next

succeeding term. Salary, $5,000 a year. He shall receive no other

emolument from this or any other government.

The seat of government is the city or town in which the

Legislature holds its sessions. Richmond is the seat of government

of the State of Virginia. Term is the period of time for which a

public officer is elected. The term of the governor is four years.

He is not eligible--that is, he cannot be elected--for the next

succeeding term--that is, he cannot be governor for two terms, one

immediately following the other. Emolument is salary or

compensation or pay.

Qualifications. Must be at least thirty years of age; must be a

citizen of the United States; must have been for the five years

next preceding his election a resident of the State. If of foreign

birth, he must have been a citizen of the United States for the

ten years next preceding his election.

Foreign birth means birth in any country outside the United

States. But the children of American citizens are citizens of the

United States, even though they have been born in another country.

Powers and Duties. The chief executive officer of the

commonwealth; shall take care that the laws are faithfully

executed; shall communicate to the General Assembly, at every

session, the condition of the commonwealth, and recommend such

measures as he may deem expedient; may call special sessions of

the General Assembly; shall be Commander-in-Chief of the Land and

Naval Forces of the State; may embody the militia to repel

invasion, suppress insurrection, and enforce, the execution of the

laws; shall conduct all intercourse with other and foreign states;

may fill temporarily, during the recess of the General Assembly,

all vacancies in those offices for which the constitution and laws

make no provision; may remit fines and penalties, grant reprieves

and pardons, remove political disabilities, and commute capital

punishment; shall attest all commissions and grants; signs or

vetoes bills passed by the General Assembly.

The governor is the chief executive officer. He is called chief

because he is the highest public officer of the State, and

executive because it is his duty to execute or carry out the laws.

It is also his duty to send what is called a message to each

session of the General Assembly. The message is a letter or

statement in which he communicates to the Assembly full

information as to the condition of the State, and recommends such

measures--that is, such new laws--as he thinks necessary.

Militia is a body composed of citizens enrolled and trained as

soldiers for the defence of the State. All able-bodied male

persons between the ages of eighteen and forty-five years may be

called to serve in the militia. Naval forces are military forces

or militia that serve on sea.

Invasion is the entrance into a State of a military force from

another country for the purpose of conquest. To repel invasion is

to oppose it by force, to drive off the invaders. Insurrection is

a rising or rebellion of people in a State against the government

of their own State. It is the duty of the governor to suppress--

that is, to put down--insurrection, and to ENFORCE the EXECUTION

of the laws--that is, to carry out the laws by force if necessary.

INTERCOURSE is correspondence with others by letter or message.

When it is necessary to have intercourse with another State or a

foreign country, the governor, as the chief executive and highest

representative of the people, is the person who conducts such

correspondence.

The recess of the General Assembly is the time when it is not in

session. During recess of the Assembly, the governor may fill

vacancies in public offices for which the Constitution and laws

make no provision. For example, the Constitution and laws make no

provision for the appointment of judges during the recess of

Assembly; therefore, if a judge dies during the recess, the

governor appoints a person to fill the vacancy until the Assembly

meets and elects a new judge.

A FINE is a PENALTY or punishment in the form of payment of money.

Sometimes a person convicted of an offence against the law is

ordered by the judge to pay a sum of money instead of being sent

to jail. This is called a FINE. But it may happen that the person

is convicted by mistake or by false evidence, or that the fine is

too heavy for the person to pay. In such cases the governor may

REMIT the FINES--that is, release or free the persons from having

to pay.

The governor may also GRANT REPRIEVES AND PARDONS if he sees good

reason for doing so. A reprieve is a delay of punishment. When a

person is convicted of murder, the judge sentences him to be put

to death on a certain day. But there may be reason for further

inquiry into the case, and to give time for such inquiry the

governor may postpone the execution of the sentence--that is, put

it off to another day. This is called a reprieve. If the further

inquiry should prove that the person is innocent, a full pardon is

granted and the person is set free.

POLITICAL DISABILITIES are punishments which deprive persons of

certain rights of citizenship. A citizen convicted of bribery in

an election, embezzlement of public funds, treason, felony, or

petit larceny, is by the law of Virginia deprived of the right of

voting. This is a POLITICAL DISABILITY. The person convicted is

legally DISABLED to vote. The governor may remove the disability,

and this restores to the person his right of voting. The governor

may also COMMUTE CAPITAL PUNISHMENT. To COMMUTE is to CHANGE, and

CAPITAL PUNISHMENT is the punishment of DEATH--the punishment

inflicted on persons convicted of murder. The governor may order

that instead of being put to death the convict be imprisoned for

life, or for a number of years. (A convict is a person CONVICTED

or found guilty of crime.)

The governor shall ATTEST ALL COMMISSIONS AND GRANTS. To ATTEST is

to certify, or bear witness to, and a COMMISSION is a written

paper giving power or authority to some person or persons to

perform a public duty. When a judge is elected he receives a

commission authorizing him to act as such, and the governor

attests the commission by signing his name to it. GRANTS or gifts,

such as grants of public lands or money for educational or other

public objects, are also made in writing, and must be attested by

the governor. (Commissions and other important papers must have

upon them an impression of the seal of the State. The seal is a

circular piece of metal made like a medal or large coin and

bearing on each side certain figures and mottoes. The impression

of the seal shows that the paper has been officially attested or

certified.)

The VETO power is one of the most important powers possessed by

the governor. When a bill is passed by the General Assembly it is

sent to the governor for his signature. If he SIGN it--that is,

writes his name upon it--it is then a law. If he VETO the bill, or

any item contained in it appropriating money, the bill, or such

part of it as is vetoed, cannot become a law until it is again

passed by a two-thirds vote of both houses. (VETO is a Latin word

meaning I FORBID.)

In case the Governor dies, or is in any way incapacitated for

performing the duties of his office, the Lieutenant-Governor shall

act; and in case of the inability of both, the President PRO

TEMPORE of the Senate shall act.

INCAPACITATED for office means legally disqualified. The governor

would be incapacitated if he should refuse to qualify by taking

the necessary oath, or if he should reside out of the State, or if

he should be convicted on impeachment.

LIEUTENANT-GOVERNOR.

Elected. At the same time and for the same term as the Governor,

and his qualifications and the manner of his election in all

respects shall be the same.

He shall be the President of the Senate, but shall have no vote,

except in case of an equal division.

For the same term means for the same length of time. The governor

is elected for four years. That is his term of office. The term of

the lieutenant-governor is the same.

An equal division is an equal number voting for and against the

same proposal. If a bill is proposed in the Senate and twenty

senators vote for and twenty against it, that is an equal

division. In such case, and in no other case, the president votes.

He may vote on either side he pleases, and his vote is called a

casting vote.

ATTORNEY-GENERAL.

Elected. By the people for four years. Salary, $2,500 and mileage.

Duties. Shall give his opinion and advice when required to do so

by the Governor, or by any of the public boards and officers at

the seat of government; shall appear as counsel for the State in

all cases in which the commonwealth is interested, depending in

the Supreme Court of Appeals, the Supreme Court of the United

States, the District and Circuit Courts of the United States for

the State of Virginia, and shall discharge such other duties as

may be imposed by the General Assembly. Member of the State Board

of Education.

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