branches having a different number of members, whose powers and
terms of office shall be prescribed by law, and whose members
shall 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 city, equal representation in each branch of
said council in proportion to the population of such ward; but in
cities of under ten thousand population the General Assembly may
permit the council to consist of one branch. No member of the
council shall be eligible during his tenure of office as such
member, or for one year thereafter, to any office to be filled by
the council by election or appointment. The council of every city
may, in a manner prescribed 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, re-apportion the representation in the council among
the wards in a manner prescribed by law; and whenever the council
of any such city shall fail to perform the duty so prescribed, a
mandamus shall lie on behalf of any citizen thereof to compel its
performance.
SEC. 122. The mayors and councils of cities shall be elected on
the second 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 by
law, shall be 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 coincidently 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.
SEC. 123. Every ordinance, or resolution having the effect of an
ordinance, 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 recording officer, of that branch
in which it originated; which branch 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 considered, and if approved by two thirds of all
the members elected thereto, 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 determined 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 branch. If the council consist of a single branch, the
mayor's objections in wilting 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 proceed 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 members elected to the council, it shall become
operative notwithstanding the objections of the mayor. If any
ordnance or resolution shall not be returned by the major within
five days (Sunday excepted), after it shall have been presented to
him, it shall become operative in like manner as if he had signed
it, unless 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, ordnance 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 ordnances or resolutions not
approved by the mayor. No ordinance or resolution appropriating
money exceeding the sum of one hundred dollars, imposing taxes, or
authorizing the borrowing of money, 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 mayor of such ordnance 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.
SEC. 124. No street, railway, gas, water, steam, or electric
heating, electric light or power, cold storage, compressed air,
viaduct, conduct telephone, or bridge, company, nor any
corporation, association, person or partnership, engaged in these
or like enterprises, shall be permitted to use the streets,
alleys, or public grounds of a city or town without the previous
consent of the corporate authorities of such city or town.
SEC. 125. The rights of no city or town in and to its water front,
wharf property, public landings, wharves, docks, streets, avenues,
parks, budges, and other public places, and its gas, water, and
electric works shall be sold except by an ordinance or resolution
passed by a recorded 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 over the
veto. So franchise, lease or light of any kind to use any such
public 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
planting any such franchise or privilege for a term of years,
except for a trunk railway, the municipality shall first, after
due advertisement, reserve bids therefor publicly, in such manner
as may be provided by law, and shall then act as may be required
by law. Such grant, and any contract in pursuance 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 compensation 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. Every such grant
shall specify the mode of determining any valuation therein
provided for, and shall make adequate provision by way of
forfeiture of the grant, or otherwise, to secure efficiency of
public 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 prescribing additional restrictions on the powers of
cities and towns in granting franchises 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.
SEC. 126. The General Assembly shall provide by general laws for
the extension 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.
SEC. 127. No city or town shall issue any bonds or other interest
bearing obligations for any purpose, or in any manner, to an
amount which, including existing indebtedness, shall, at any time,
exceed eighteen per centum of the assessed valuation of the 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 indebtedness, 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
section 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 a 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 cost of operation and
administration (including interest on bonds issued therefor, and
the cost of insurance against loss by injury 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 limitation of the power to incur
indebtedness, unless the principal and interest thereof be made
payable exclusively from the receipts of the undertaking.
SEC. 128. In cities and towns the assessment of real estate and
personal property for the purpose of muicipal 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.
SEC. 129. The General Assembly shall establish and maintain an
efficient system of public free schools throughout the State.
SEC. 130. The general supervision of the school system shall be
vested in a State Board of Education, composed of the Governor,
Attorney-General, Superintendent of Public Instruction, and three
experienced educators to be elected quadrennially by the Senate,
from a list of eligibles, consisting of one from each of the
faculties, and nominated by the respective boards of visitors or
trustees, of the University of Virginia, the Virginia Military
Institute, the Virginia Polytechnic Institute, the State Female
Normal School at Farmville, the School for the Deaf and Blind, and
also of the College of William and Mary, so long as the State
continue its annual appropriation to the last named institution.
The board thus constituted shall select and associate with itself
two division superintendents of schools, one from a county and the
other from a city, who shall hold office for two years, and whose
powers and duties shall be identical with those of other members,
except that they shall not participate in the appointment of any
public school official.
Any vacancy occurring during the term of any member of the board
shall be filled for the unexpired term by said board.
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 be filled for the
unexpired term by the said board.
His duties shall be prescribed by the State Board of Education, of
which he shall be ex-officio president; and his compensation shall
be fixed by law.
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, comprising not less than one county
or city each, but no county or city shall be divided in the
formation of such divisions. It shall, subject 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
investment of the school fund.
Third. It shall have authority to make all needful rules and
regulations for the management 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 Assembly to revise,
amend, or repeal the same.
Fourth. It shall select text books and educational appliances for
vise in the schools of the State, exercising such discretion as it
may see fit in the selection of books suitable for the schools in
the cities and counties respectively.
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 snail prescribe; but the
Supreme Court of Appeals shall have the management of the law
library and the appointment of the librarian and other employees
thereof.
SEC. 133. Each magisterial district shall constitute a separate
school district, unless otherwise provided by law. In each school
district there shall be three trustees selected, in the manner and
for the term of office prescribed by law.
SEC. 134. The General Assembly 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; 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 committed against
the State, and such other sums as the General Assembly may
apppropriate.
SEC. 135. The General Assembly shall apply the annual interest on
the literary fund; that portion of the capitation tax provided for
in the Constitution to be paid into the state treasury, and not
returnable to the counties and cities; and an annual tax on
property of not less than one nor more than five mills on the
dollar to the schools of the primary and grammar 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 between
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 provide for a fixed
appropriation of state revenue to the support of the schools not
less than that provided in this section.
SEC. 136. Each county, city, town if the same be a separate school
district, and school district is authorized to raise additional
sums by a tax on property, not to exceed in the aggregate five
mills on the dollar in any one year, to be apportioned and
expended by the local school authorities of said counties, cities,
towns and district in establishing and maintaining such schools as
in their judgment the public welfare may require: 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 schools
districts, shall provide for the levy and collection of such local
school taxes.
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.
SEC. 138. The General Assembly may, in its discretion, provide for
the compulsory education of children between the ages of eight and
twelve years, except such as are weak in body or mind, or can read
and write, or are attending private schools, or are excused for
cause by the district school trustees.
SEC. 139. Provision shall be made to supply children attending the
public schools with necessary text-books in cases where the parent
or guardian is unable, by reason of poverty, to furnish them.
SEC. 140. White and colored children shall not be taught in the
same school.
SEC. 141. No 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 College of William and Mary;
second, that this section shall not be construed as requiring or
prohibiting the continuance or discontinuance by the General
Assembly of the payment of interest on certain bonds held by
certain schools and colleges as provided by an act of the General
Assembly, approved 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 by such county, city,
town, or school district.
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.
ARTICLE X.
AGRICULTURE AND IMMIGRATION.
SEC. 143. There shall be a Department of Agriculture and
Immigration, which shall be permanently maintained at the capital
of the State, and which shall be under the management and control
of a Board of Agriculture and Immigration, composed of one member
from each congressional district, who shall be a practical farmer,
appointed by the Governor for a term of four years, subject to
confirmation by the Senate, and the president of the Virginia
Polytechnic Institute, who shall be ex-officio a member of the
board: provided, that members of the board first appointed under
this Constitution from the congressional districts bearing odd
numbers shall hold office for two years.
SEC. 144. The powers and duties of the board shall be prescribed
by law: provided, that it shall have power to elect and remove its
officers, and establish elsewhere in the State subordinate
branches of said department.
SEC. 145. There shall be a Commissioner of Agriculture and
Immigration, whose term of office shall be four years, and who
shall be elected by the qualified voters of the State, and whose
powers and duties shall be prescribed by the Board of Agriculture
and Immigration until otherwise provided by law.
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 Polytechnic Institute.
ARTICLE XII
PUBLIC INSTITUTIONS AND PRISONS.
SEC. 147. There shall be a state penitentiary,--with such branch
prisons and prison farms as may be provided by law.
SEC. 148. There shall be appointed by the Governor, subject to
confirmation by the Senate, a board of five directors which,
subject to such regulations and requirements 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 officers
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 directors first appointed shall
be one, two, three, four, and five years respectively; and
thereafter, upon the expiration of the term of a director, his
successor shall be appointed for a term of five years.
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 members, who shall be appointed by
the Governor, subject to confirmation 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, four, and six years, respectively,
and thereafter, upon the expiration of the term of a member, his
successor shall be appointed for a term of six years.
SEC. 150. There shall be a general board of directors for the
control and management of all the 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 subject 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.
SEC. 151. The general board of directors shall appoint for a term
of four years a superintendent for each hospital, who shall be
removable by said board for misbehavior, incapacity, neglect of
official duty, or acts performed without authority 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.
SEC. 152. There shall be a Commissioner of State Hospitals for the
Insane, 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 of the special
boards of directors, and shall be responsible for the proper
disbursement of all moneys appropriated or received 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 disbursed and of making reports thereof. He shall perform such
other duties and shall execute such bond and receive such salary
as may be prescribed by law.
ARTICLE XII.
CORPORATIONS.